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HomeMy WebLinkAboutSANTA ANA WATERSHED PROJECT AUTHORITY (SAWPA)W&MYTFgQUMD A-2021-185 W PROPOSITION 1 ROUND 1 INTEGRATED REGIONAL WATER MANAGEMENT IMPLEMENTATION GRANT fAq- rC'CG$�iIto IMAY faUYY) GRANT FUNDING CONTRACT BETWEEN THE N 0 N `7 e— U 0 SANTAANA WATERSHED PROJECT AUTHORITY AND CITY OF SANTA ANA This Proposition 1 Round 1 Integrated Regional Water Management ("IRWM") Implementation Grant Funding Contract ("Contract") is made between Santa Ana Watershed Project Authority ("SAWPA"), and City of Santa Ana, (the "Sub -Grantee"). SAWPA and the Sub -Grantee may be individually referred to as "Party", and collectively referred to as the "Parties". WHEREAS, Section 79740 et seq. of the Water Code authorized approximately $510 million to assist water infrastructure systems adapt to climate change, provide incentives for water agencies to collaborate in managing the region's water resources and setting regional priorities for water infrastructure, improve regional water self-reliance, and reduce reliance on the Sacramento -San Joaquin Delta; WHEREAS, on April 30, 2021, the California Department of Water Resources ("DWR") and SAWPA entered into a Proposition 1 Round 1 Integrated Regional Water Management Implementation Grant Agreement No. 4600013842 ("Grant Agreement"), attached hereto as Attachment A, providing that SAWPA would serve as the program manager for the $23,091,428 in IRWM grant funds to be disbursed to Sub -Grantees, consistent with IRWM and California Environmental Quality Act ("CEQA") requirements, and ensuring that the maximum benefit of such funds are realized in the Santa Ana River Watershed; and WHEREAS, consistent with the Grant Agreement, SAWPA intends to disburse to the Sub - Grantee a portion of the $23,091,428 in IRWM grant funds for its project component by way of this Grant Funding Contract with the Sub -Grantee. THEREFORE, based on the foregoing incorporated recitals and in consideration of the mutual covenants and conditions set forth in this Contract, the Parties hereby agree to the following: SECTION 1. PROJECT DESCRIPTION The Sub -Grantee's Project is the component described in the IRWM Grant Agreement as Raitt & Myrtle Park Project. This project features the construction of an approximately 1,600- square-foot bioretention basin with no underdrain and a large subsurface infiltration gallery (Stormchamber) in a new 1.18-acre park. Combined, the Best Management Practices (BMPs) are designed to capture and infiltrate approximately 5.3 acre-feet per year of stormwater from the approximately 9.87-acre drainage area. Per the North Orange County Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit (Order No. R8-2009-0030 as amended by Order No. R8-2010-0062), it is a new development/significant redevelopment requirement to treat stormwater runoff from the 85th percentile, 24-hour storm generated on the park parcel. In this part of Santa Ana, the 85th EXHIBIT 5 percentile, 24-hour storm is 0.75 inches. This project far exceeds that standard, as the BMPs are designed for a 1.75-inch storm and will capture and infiltrate stormwater runoff from the park parcel itself and the surrounding residential drainage area. Overall, the North Orange County MS4 NPDES Permit requirement only accounts for approximately 2.5% of the total volume of stormwater capture. This project is located in the Newport Bay Watershed. Newport Bay has multiple Total Maximum Daily Loads (TMDLs) in the implementation phase. Therefore, stormwater infiltration in the park will assist with TMDL compliance, improve water quality, and increase regional water self- reliance. This project also includes drought -tolerant landscaping, walkways, drinking water fountains, and interpretive signage promoting watershed, water quality, and drought -tolerant landscaping education. Additional park elements and recreational components, outside the scope of work of this grant project, will also be constructed at the park during the construction time period. These components are not included in this work plan or grant application. This multi -benefit project addresses all of the goals in the Integrated Regional Water Management Plan for North and Central Orange County —the OC Plan —which includes providing adequate and reliable water supplies, protecting and enhancing water quality, restoring ecosystems and improving native habitat, integrating flood management, improving quality of life in Orange County, and addressing climate change. SECTION 2. CONTRACT DOCUMENTS: ORDER OF PRECEDENCE: SUB - GRANTEE GENERAL COMMITMENT This Contract incorporates and includes as part of its terms and conditions the Grant Agreement. In the event of any inconsistency between this Contract and the Grant Agreement, except as otherwise specifically provided, the inconsistency shall be resolved by giving precedence to the Grant Agreement. The Sub -Grantee shall comply with all terms, provisions, conditions, and commitments of this Contract and the Grant Agreement. Such compliance shall include providing SAWPA with all deliverables, budget detail, reports and all other documents required by the Grant Agreement. On behalf of and for the benefit of SAWPA, Sub -Grantee shall comply with all of the obligations and requirements of the Grant Agreement as if the Sub -Grantee were the "Grantee" under the terms of the Grant Agreement. Such compliance shall be to the fullest extent necessary and as may be required by SAWPA in order to enable SAWPA to comply with the Grant Agreement as "Grantee." SECTION 3. ESTIMATED ELIGIBLE PROJECT COSTS: GRANT AMOUNT The estimated reasonable cost of the Project at the time of SAWPA's and DWR's approval of the Project is One Million Nine Hundred Sixteen Thousand Five Hundred dollars ($1,916,500). Subject to all of the terms, provisions, and conditions of this Contract, and subject to the availability of the grant funds, SAWPA shall disburse such grant funds in a sum not -to - exceed One Million Six Hundred Seventy Thousand dollars ($1,670,000). In all events, SAWPA's actual grant disbursements to the Sub -Grantee under this Contract shall not exceed payments received from the DWR. EXHIBIT 5 If the Sub -Grantee proceeds to construction of such facilities, the final grant amount will be determined in accordance with the provisions of this Contract. If the Sub -Grantee fails or refuses to proceed with or complete the construction of facilities, SAWPA shall consider such failure or refusal to be a material violation and breach of this Contract. SAWPA shall have all rights and remedies as are otherwise available to it for breach of this Contract by the Sub - Grantee. If actual Project costs exceed the Project's estimated reasonable cost, SAWPA shall have no obligation to provide grant funds for such exceedence. Eligible Project costs include the reasonable costs of studies, engineering, design, land and easement acquisition, legal fees, preparation of environmental documentation, environmental mitigations, monitoring, project construction, and any other task set forth in Exhibit A of the Grant Agreement. Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project. Costs not eligible for reimbursement or not eligible to be counted as local match include, but are not limited to: • Costs for work performed before the dates specified below. • Costs for preparing and filing a grant application. • Operation and maintenance costs, including post -construction performance and monitoring costs. • Purchase of equipment that is not an integral part of the Project. • Establishing a reserve fund. • Purchase of water supply. • Replacement of existing funding sources for on -going programs. • Support of existing agency requirements and/or mandates. • Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of the Project, as set forth and detailed by engineering and feasibility studies, or acquisition of land by eminent domain. • Overhead and indirect costs not directly related to Project costs, such as generic overhead or markup. • Travel costs and per diem costs, unless allowed under Exhibit D, Item 46 of the Grant Agreement. • Mitigation for environmental impacts not resulting from implementation of the Project funded by this program. Work performed after January 1, 2015, are eligible to be counted as local match. Work performed after June 2, 2020, are eligible for grant reimbursement. SECTION 4. SCOPE OF WORK AND COMPLETION OF PROJECT The Scope of Work is described in Exhibit A of the Grant Agreement. The Parties understand that time is of the essence and agree to expeditiously proceed with and complete the Project. EXHIBIT 5 SECTION 5. DISBURSEMENT Grant funds will be disbursed in accordance with the disbursement provisions of the Grant Agreement. SAWPA will disburse grant funds received from DWR to Sub -Grantee within 30 days of receipt of grant funds, except as described in Section 14. Withholding of Grant Disbursements of this Contract. Retention is stipulated in Exhibit D, Item 36 of the Grant Agreement. SECTION 6. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS The Sub -Grantee agrees that, at a minimum, its fiscal control and accounting procedures shall be sufficient to permit tracking of grant funds to a level of expenditure adequate to establish that such funds have not been used in violation of State law or this Contract. The Sub -Grantee shall maintain separate Project accounts in accordance with generally accepted accounting principles and practices, consistently applied. SECTION 7. TERM This Contract shall not be effective until it has been fully executed by both parties. The Term of this Contract shall be the same as the Term of the Grant Agreement, unless sooner terminated pursuant to the provisions of this Contract or the Grant Agreement. SECTION 8. COVENANT TO OPERATE AND MAINTAIN PROJECT FACILITIES The Sub -Grantee shall properly staff, operate and maintain all portions of the Project during the Projecfs useful life and in accordance with this Contract, the Grant Agreement, and all applicable state and federal laws, rules and regulations. In the event that the Sub -Grantee assigns or transfers all or any portions of the Project to another entity, the Sub -Grantee shall be responsible to ensure that the assignee or transferee of all or any portions of the Project shall properly staff, operate and maintain all portions of the Project during its useful life and in compliance with this Contract, the Grant Agreement, and all applicable state and federal laws, rules and regulations. The Parties to this Contract understand and agree that this covenant shall survive the expiration or termination of this Contract. The Parties further understand and agree that this covenant is for the benefit of SAWPA and DWR and shall be enforceable during the useful life of the Project facilities. Sub -Grantee shall prepare and maintain the Project Performance Monitoring Plan ("PPMP") required by the Grant Agreement. DWR and SAWPA shall approve the PPMP prior to the disbursement of grant funds for construction or monitoring activities. Sub -Grantee shall not abandon, substantially discontinue use of, lease, or dispose of the Project, including its construction, or any significant part or portion thereof, during the useful life of the Project without SAWPA's and DWR's prior written approval. SECTION 9. ASSIGNMENT Neither this Contract, nor any duties or obligations under this Contract, nor any of the Project facilities referenced in this Contract shall be assigned by any Party without the prior written consent of the other Party. Should an assignment or transfer occur, whenever SAWPA or the Sub -Grantee are named or referred to herein, such reference shall be deemed to include the successor to the powers, duties EXHIBIT 5 and functions that are presently vested in SAWPA and the Sub -Grantee, and all Contract and covenants required hereby to be performed by or on behalf of SAWPA and/or the Sub -Grantee shall bind and inure to the benefit of the respective successors thereof whether so expressed or not. SECTION 10. COMPLIANCE WITH LAWS AND REGULATIONS The Sub -Grantee agrees that it shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and state laws, rules, regulations and guidelines. The Sub -Grantee shall comply with, implement, and fulfill all environmental mitigation measures applicable to the Project, and which may otherwise be required by this Contract and the IRWM Grant Agreement, the California Environmental Quality Act ("CEQA"), and the State CEQA Guidelines. SECTION 11. ACKNOWLEDGEMENT OF CREDIT/SIGNAGE REQUIREMENTS Sub -Grantee shall include appropriate acknowledgement of credit to the State, SAWPA and to all cost -sharing partners for their support when promoting the Project or using any data and/or information developed under this Sub -Grantee Agreement. Signage shall be posted in a prominent location at the Project Site(s), if applicable, or at the Sub -Grantees headquarters and shall include the following disclosure statement: "Funding for this project has been provided in full or in part from the Water Quality, Supply, and Infrastructure Improvement Act of 2014 and through an agreement with the State Department of Water Resources and by the Santa Ana Watershed Project Authority'. The sign shall include the Department of Water Resources logo, One Water One Watershed logo and SAWPA logo (available from SAWPA). Before it is constructed, the Sub -Grantee shall provide the draft design layout of the sign to SAWPA for approval. Sub -Grantee shall notify SAWPA that the sign has been erected by providing a site map with the sign location noted and a photograph of the sign. SECTION 12. CONSTRUCTION ACTIVITIES AND NOTIFICATION The Sub -Grantee shall immediately notify SAWPA in writing of (1) Any substantial change in the scope, budget, or work performed on the Project. The Sub -Grantee agrees that no substantial change in the scope of the Project may be undertaken until written notice of the proposed change has been provided to SAWPA, and SAWPA and DWR have given written approval for such a change; (2) Any public or media event publicizing the accomplishments and/or results of this Grant Agreement shall provide the opportunity for attendance and participation by SAWPA and DWR. Sub -Grantee must notify SAWPA at least 20 calendar days prior to the event. (3) Unscheduled cessation of all major construction work on the Project where such cessation of work is expected to or does continue for a period of 30 calendar days or more; (4) Any circumstance, combination of circumstances, or condition which is expected to delay project completion for a period of 90 calendar days or more beyond the initial estimated date of completion of the Project previously provided to SAWPA; EXHIBIT 5 (5) Completion of construction of the Project and provide SAWPA and DWR the opportunity to participate in the inspection. Sub -Grantee must notify SAWPA at least 20 calendar days prior to final inspection. SECTION 13. PAYMENT OF PROJECT COSTS The Sub -Grantee shall provide for and make payment for all Project costs. All costs and payments for the Project shall be paid by the Sub -Grantee promptly and in compliance with all applicable laws. All grant disbursements will be reimbursements. SECTION 14. WITHHOLDING OF GRANT DISBURSEMENTS SAWPA may withhold all or any portion of the grant funds provided for by this Contract in the event that: (1) The Sub -Grantee has violated, or threatens to violate, any term, provision, condition, or commitment of this Contract; (2) The Sub -Grantee fails to maintain reasonable progress toward completion of the Project; or (3) DWR directs SAWPA to withhold any such grant funds. SECTION 15. INVOICING (A) Invoices shall be completed on a State -provided invoice form and shall meet the following format requirements: (1) Invoices must contain the date of the invoice, the time period covered by the invoice, and the total amount due. (2) Invoices must be itemized. The amount claimed for salaries/wages/consultant fees must include a calculation formula (i.e. hours or days worked times the hourly or daily rate = the total amount claimed). (3) Sufficient evidence (i.e. receipts, copies of checks, timesheets) must be provided for all costs included in the invoice. (4) Each invoice shall clearly delineate those costs claimed for reimbursement from the State's grant amount and those costs that represent the Sub -Grantee's share as applicable. (B) Invoices also shall include the following information: (1) Costs incurred for work performed in implementing the IRWM program or program contracts during the period identified in the particular invoice. (2) Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for the Project during the period identified in the particular invoice for the construction, operation, or maintenance of the Project. (3) Appropriate receipts and reports for all costs incurred. EXHIBIT 5 SECTION 16. RECORDS AND REPORTS (A) Without limitation on the requirement that Project accounts be maintained in accordance with generally accepted government accounting standards, the Sub -Grantee shall comply with the records and reporting requirements imposed by the IRWM Grant Agreement, and shall also: (1) Establish an official Project file that documents all significant actions relative to the Project; (2) Establish separate accounts that adequately and accurately itemize and describe all amounts received and expended on the Project, including all grant funds received under this Contract; (3) Establish separate accounts that adequately and accurately itemizes and describes all income received which is attributable to the Project, specifically including any income attributable to grant funds disbursed under this Contract; (4) Establish an accounting system that adequately and accurately itemizes and describes final total costs of the Project, including both direct and indirect costs; (5) Establish such accounts and maintain such records as may be necessary for the State, DWR and SAWPA to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and (6) If Force Account is used by the Sub -Grantee for any phase of the Project, establish an account that adequately and accurately itemizes and describes all employee hours, and associated tasks charged to the Project per employee. (B) The Sub -Grantee shall require all Project contractors and subcontractors to maintain books, records, and other material relative to the Project in accordance with generally accepted accounting standards, and to require that such contractors and subcontractors retain such books, records, and other material for a minimum of five (5) years after the Grant Agreement termination date. The Sub -Grantee shall require that such books, records, and other material shall be subject, at all reasonable times, to inspection, copying, and audit by SAWPA, DWR or their authorized representatives. (C) The Sub -Grantee shall maintain its books, records and other material concerning the Project in accordance with generally accepted government accounting standards and as required by the IRWM Grant Agreement. (D) All documents required or requested to be provided to SAWPA shall be submitted electronically in the both the native format (e.g. Microsoft Word, Microsoft Excel, etc) and PDF. All documents shall be public domain or the property of SAWPA once submitted. (E) The Sub -Grantee agrees to expeditiously provide, during work on the Project and for three years after the projection completion, such reports, data, information and certifications as may be reasonably required by SAWPA or DWR. Such documents and information shall be provided in electronic format. EXHIBIT 5 SECTION 17. QUARTERLY PROGRESS REPORTS Quarterly Progress Reports shall be completed using the templates provided. Quarterly Progress Reports shall provide a brief description of the work performed, activities, milestones achieved, any accomplishments as well as any problems encountered in the performance of the work. The first quarterly report shall be submitted no later than the end of the month following the end of the reporting period. The first progress report shall cover the following reporting period: January 2, 2015 (or project start, if later) to June 30, 2021, and will be due to SAWPA on July 31, 2021. Subsequent progress reports will be due as follows: Jan -Mar reporting period — due by Apr 30; Apr - Jun reporting period — due by Jul 31; Aug -Sep reporting period — due by Oct 31; Oct -Dec reporting period — due by Jan 31. SECTION 18. PROJECT REVIEW AND EVALUATION: FINAL REPORTS AND AUDIT (A) SAWPA may perform a project review or otherwise evaluate the project to determine compliance with the contract documents at any time or if questions about the proper use or management of the funds arise. SAWPA may review or evaluate the contractor or vendor for compliance with the terms and conditions of the contract documents. The project review and evaluation may be performed by SAWPA or may be contracted to a responsible third party. Any findings and recommendations of the project review and evaluation shall be addressed by the Sub - Grantee within 60 days of the date such findings and recommendations are provided to the Sub - Grantee and before the next invoice is paid by SAWPA. (B) Inventory of equipment purchased with grant funds. (1) At least 75 days prior to submission of the final project invoice, Sub -Grantee shall consult with SAWPA on the scope of the inventory of equipment purchased with grant funds. This inventory shall include all items with a current estimated fair market value of more than $5,000 per item. (2) At least 45 days prior to submission of the final project invoice, Sub -Grantee shall provide SAWPA with a final inventory list of equipment purchased with grant funds. DWR shall have the opportunity to take title to any item on the inventory list. Should DWR take title to any item on the inventory list, DWR shall arrange for delivery and transportation of such inventory. (C) In addition to the documents and deliverables required to be provided by the IRWM Grant Agreement, within 90 days after completion of the Project but no later than 14 days prior to the due date indicated in the IRWM Grant Agreement, the Sub -Grantee shall provide to SAWPA, a Project Completion Report. The Project Completion Report shall follow the Guidelines in Exhibit F of the Grant Agreement. (D) SAWPA may call for an audit of financial information relative to the Project, where SAWPA determines that an audit is desirable to assure program integrity or where such an audit becomes necessary because of federal or state requirements. Where such an audit is called for, the audit shall be performed by a Certified Public Accountant independent of the Sub -Grantee and at the cost of the Sub -Grantee. The audit shall be in the form required by SAWPA. EXHIBIT 5 SECTION 19. PROJECT CLOSEOUT DOCUMENTATION To ensure that that the Project is closed out in a manner that provides an auditable file for SAWPA, Sub -Grantee shall follow a close-out procedure that includes payment of all subcontracts, completion of all punch lists, defects correction, satisfaction of warranty or guarantee issues, and any other requirements for the completion of the scope of work. Such close-out procedures shall include those procedures contained in the IRWM Grant Agreement or otherwise required by SAWPA and DWR. SECTION 20. POST -PERFORMANCE REPORTS Post -Performance Reports shall be submitted to SAWPA within 75 calendar days after the first operational year of the Project has elapsed. This record keeping and reporting process shall be repeated annually for a total of three (3) years after the completed project begins operation. SECTION 21. MONITORING REQUIREMENTS (A) All groundwater projects and projects that include groundwater monitoring requirements are consistent with the Groundwater Quality Monitoring Act of 2001. (B) Projects that affect water quality shall include a monitoring component that allows the integration of data into statewide monitoring efforts, including where applicable, the Surface Water Ambient Monitoring Program administered by the State Water Resources Control Board. (C) Groundwater quality and ambient surface water quality monitoring data that include chemical, physical, or biological data shall be submitted to the State with a narrative description of data submittal activities (included in project reports) as described below: (1) Surface water quality monitoring data shall be prepared for submission to the California Environmental Data Exchange Network (CEDEN). CEDEN data templates are available on the CEDEN website (http://www.ceden.orq). Inclusion of additional data elements described on the data templates is desirable. Data ready for submission should be uploaded to the CEDEN Regional Data Center via the CEDEN website and a copy shall be given to SAWPA. (2) If Sub -Grantee's Work Plan contains a groundwater ambient monitoring element, groundwater quality monitoring data shall be submitted to the State for inclusion in the State Water Resources Control Board's Groundwater Ambient Monitoring and Assessment (GAMA) Program. Information on the GAMA Program can be obtained at http://www.waterboards.ca.00v/water issues/proorams/gama. If further information is required, the Sub -Grantee can contact the State Water Resources Control Board GAMA Program. A copy of all data submitted shall be given to SAWPA. (D) If groundwater level data is collected, Sub -Grantee must submit this data to DWR's Water Data Library (WDL) with a narrative description of data submittal activities (included in project reports). Information regarding the WDL and the format to submit the data in can be found at: http://wdl.water.ca.gov/. A dopy of all data submitted shall be given to SAWPA. In the near future, DWR's WDL will be replaced by the California Statewide Groundwater Elevation Monitoring program (CASGEM). Once this program comes online, Sub -Grantee will EXHIBIT 5 then submit groundwater level data to CASGEM. Information regarding the CASGEM program can be found at: http://www.water.ca.gov/groundwater/casgem/. SECTION 22. TERMINATION: IMMEDIATE REPAYMENT: INTEREST (A) SAWPA may terminate this Contract at any time prior to completion of the Project for Sub -Grantee's violation of any provision of this Contract upon written notice by SAWPA of the violation and the failure of Sub -Grantee to come into compliance within a reasonable time as established by SAWPA. (B) In the event of such termination, the Sub -Grantee agrees, upon demand, to immediately repay to SAWPA an amount equal to the amount of grant funds disbursed to the Sub -Grantee prior to such termination. In the event of termination, prejudgment interest shall accrue on all amounts due from the date that notice of termination is mailed to the Sub -Grantee to the date of full repayment by the Sub -Grantee. (C) SAWPA may terminate this Contract should DWR terminate SAWPA as program manager or terminate funding for this Contract or the Project or should DWR terminate its standard agreement with SAWPA on this Project. Upon such DWR-caused termination, SAWPA shall not be liable to Sub -Grantee for any damages, costs or expenses resulting from such termination. SECTION 23. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS In the event that any breach of any of the provisions of this Contract or other action by the Sub - Grantee shall result in the loss of tax exempt status for any bonds, or if such breach shall result in an obligation on the part of SAWPA to reimburse the federal government by reason of any arbitrage profits, the Sub -Grantee shall immediately reimburse SAWPA and/or DWR in an amount equal to any damages paid by or loss incurred by the State due to such breach. SECTION 24. ARBITRATION Any dispute which may arise under this Contract by and between SAWPA and the Sub -Grantee, including the Sub -Grantee's subcontractors, laborers, and suppliers, shall be submitted to binding arbitration pursuant to the Construction Industry Arbitration Rules and Mediation Procedures of the American Arbitration Association (AAA). The arbitrator shall decide each and every dispute in accordance with the laws of the State of California and AAA rules, and all other applicable laws. Unless the Parties stipulate in writing to the contrary, prior to the appointment of the arbitrator, all disputes shall first be submitted to non -binding mediation. SECTION 25. COSTS AND ATTORNEY FEES In the event of arbitration or litigation between the parties hereto arising from this Contract, it is agreed that the prevailing party shall be entitled to recover reasonable costs and attorney fees. SECTION 26. WAIVER Any waiver of any rights or obligations under this Contract or the IRWM Grant Agreement shall be in writing and signed by the Party making such waiver and approved by SAWPA and the DWR. 10 SECTION 27. AMENDMENT This Contract may be amended at any time by mutual written agreement of the Parties and the DWR. SECTION 28. SAWPA REVIEWS: SUB -GRANTEE AS INDEPENDENT CONTRACTOR (A) The Parties agree that review or approval of the Project or Project plans and specifications by SAWPA is for administrative and eligibility purposes only and does not relieve the Sub -Grantee of its responsibility to properly plan, design, construct, operate, and maintain the Project. As between SAWPA and the Sub -Grantee, the Sub -Grantee agrees that it has sole responsibility for proper planning, design, construction, operation, and maintenance of the Project. (B) The Sub -Grantee is an independent contractor exclusively responsible for the design, construction, operation and maintenance of the specific project funded by this Grant Funding Contract and that the Sub -Grantee is not acting as SAWPA's agent, nor is SAWPA acting as an agent of the Sub -Grantee. SECTION 29. INDEMNIFICATION (A) The Sub -Grantee shall defend, indemnify and hold and save SAWPA and DWR and their directors, commissioners, officers, employees, agents and assigns (collectively the "Indemnified Parties") free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of the Project and the Grant Agreement, including but not limited to any claims or damages arising from planning, design, construction, maintenance, and/or operation of this Project and any breach of this Agreement. The Sub - Grantee shall require its contractors or subcontractors to name SAWPA, the State, its officers, agents and employees as additional insureds on their liability insurance for activities undertaken pursuant to this Sub -Agreement. (B) The Sub -Grantee understands and agrees that it has complied and will comply with CEQA and the State CEQA Guidelines for the project which is the subject matter of this Grant Funding Contract. Sub -Grantee understands and agrees that it is ultimately and solely responsible, as the lead agency, for compliance with CEQA and any mitigation measures required for the Project. The Sub -Grantee hereby agrees to indemnify, defend and hold harmless SAWPA and the DWR from any and all claims or actions related to this Project that may be made by any third party or public agency alleging, among other things, violations of CEQA or the State CEQA Guidelines. (C) The Sub -Grantee shall ensure that adequate insurance coverage is provided by Sub - Grantee and/or its contractors and subcontractors on the Project funded, in part, by this Contract. Such insurance shall include adequate coverage for comprehensive commercial general liability, business auto liability, workers compensation liability, professional and errors and omissions liability, property insurance, including all builders risk insurance. Such insurance coverage shall, at a minimum, insure against injuries to third parties, damage to property owned by third parties, physical damage to the Project and all related facilities, theft of building materials and supplies intended for the Project, delays in Project completion, delays in Project Completion due to strikes and governmental actions, liquidated damages, employee injuries and work -related illnesses, design errors resulting in increased project costs, environmental damage 11 EXHIBIT 5 caused by construction activities related to the Project, and nonperformance by the contractors and subcontractors. Such insurance coverages shall be provided by admitted insurance companies authorized to do business in the State of California, and with a minimum "Best's Insurance Guide' rating of "A:VII". SECTION 30. PROJECT AND INFORMATION ACCESS The Sub -Grantee agrees to ensure that SAWPA, DWR, or any authorized representative thereof, shall have reasonable access to the Project site at all reasonable times during Project construction, and thereafter for the useful life of the Project. SECTION 31. OPINIONS AND DETERMINATIONS Where the terms of this contract provide for action to be based upon the opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary and capricious. 12 EXHIBIT 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year set forth below. SANTA ANA WATERSHED PROJECT AUTHORITY Dated: Mai (31 W 1 By: _ I s ER General Manager ATTEST DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: t 'm" -f,.,_-A— Ja n M.Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA INE RIDGE City Manager 13 DocuSlgn Envelope ID: 7DOD574C-B1 E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 w4/26/2021 Atf 4/26/2021 �,&, 4/26/2021 VPr 4/30/2021 DocuSign Envelope ID: 7DOD574C-B1E5-4A94-96CC-C2B16DDD7DC6 ATTACHMENT A EXHIBIT 5 RANT-KGREEMENT BETWEEN -THE STATE OF CALI (DEPARTMENT OF WATER RESOURCES) AND SANTA ANA WATERSHED PROJECT AUTHORITY AGREEMENT NUMBER 4600013842 PROPOSITION 1 ROUND 1 INTEGRATED REGIONAL WATER MANAGEMENT (IRWM) IMPLEMENTATION GRANT THIS GRANT AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the "State" or "DWR," Santa Ana Watershed Project Authority, a public agency in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Grantee," which parties do hereby agree as follows: 1) PURPOSE. The State shall provide funding from the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1) to the Grantee to assist in financing the projects, which are included in and implemented in an adopted Integrated Regional Water Management Plan (IRWM Plan), pursuant to Chapter 7. Regional Water Security, Climate, and Drought Preparedness (Wat. Code, § 79740 et seq.). The provision of State funds pursuant to this Agreement shall be construed or interpreted to mean that the IRWM Plan, or any components of the IRWM Plan, implemented in accordance with the Work Plan as set forth in Exhibit A, has been adopted through the IRWM Plan Review Process, and is/are consistent with Water Code section 10530 et seq. 2) TERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on June 3, 2020 through final payment plus three (3) years unless otherwise terminated or amended as provided in this Grant Agreement. However, all work shall be completed by December 31, 2025 in accordance with the Schedule as set forth in Exhibit C and no funds may be requested after March 31, 2026. 3) GRANT AMOUNT. The maximum amount payable by the State under this Grant Agreement shall not exceed $23,091,428. If applicable, this amount may be reduced as per the Paragraph 5.A.ii. 4) GRANTEE COST SHARE. The Grantee is required to provide a Local Cost Share (non -state funds) as set forth in Exhibit B (Budget). Local Cost Share may include Eligible Project Costs directly related to Exhibit A incurred after January 1, 2015. 5) BASIC CONDITIONS. A. Unless exempt as per the 2019 IRWM Implementation Grant Proposal Solicitation Package, project(s) that are subject to the California Environmental Quality Act (CEQA) including final land purchases, shall not be included in this Agreement until the CEQA process is completed and all permits necessary to begin construction are acquired. Projects providing at least 75% of benefits to a disadvantaged community (DAC), economically distressed area (EDA), and/or Tribe (based on population or geography), or projects implemented by Tribes will be exempt from this requirement. i. Such projects will be included in the Agreement as a placeholder. Placeholder projects are not eligible for grant reimbursement and may not submit invoices to DWR until such time as they are fully included in the Agreement. Placeholder projects that complete CEQA and/or acquire permits (necessary to begin construction) within eighteen (18) months of the agreement execution date will be amended into the agreement. At the end of the eighteen (18)-month term, any placeholder projects that fail to complete CEQA and/or acquire permits will be deleted from the Agreement. The total grant award will be reduced by the amount of the deleted project(s). Replacement projects will not be allowed. Reduced amount will be made available to the respective Funding Area in future funding rounds on a competitive basis. Deleted placeholder projects will not be eligible to receive any grant reimbursement under this Agreement; however, such project could be eligible under the next round of grant solicitation. B. The State shall have no obligation to disburse money for the Project(s) under this Grant Agreement until the Grantee has satisfied the following conditions (if applicable): DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 urant AgreementNo. 4tiOi701384Z Page 2 of 71 i. The Grantee shall demonstrate compliance with all eligibility criteria asset forth on pages 9-11, inclusive, of the 2019 IRWM Implementation Grant Program Guidelines (2019 Guidelines). ii. For the term of this Agreement, the Grantee shall submit Quarterly Progress Reports which must accompany an invoice and all invoice backup documentation ($0 Invoices are acceptable). The Quarterly Progress Report shall be submitted within 60 days following the end of the calendar quarter (i.e. reports due May 30, August 29, November 29, and March 1) and all other deliverables as required by Paragraph 14, "Submission of Reports' and Exhibit A, "Work Plan". iii. Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State. 1. Final plans and specifications certified, signed and stamped by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A of this Grant Agreement. 2. Work that is subject to the California Environmental Quality Act (including final land purchases) shall not proceed under this Grant Agreement until the following actions are performed: a) The Grantee submits to the State all applicable environmental permits, as indicated on the Environmental Information Form to the State, b) Documents that satisfy the CEQA process are received by the State, c) The State has completed its CEQA process as a Responsible Agency, and d) The Grantee receives written notification from the State of concurrence with the Lead Agency's CEQA documents (s) and State's notice of verification of environmental permit submittal. The State's concurrence of Lead Agency's CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, the State will consider the environmental documents and decide whether to continue to fund the project, or to require changes, alterations, or other mitigation. Proceeding with work subject to CEQA prior to the State's concurrence shall constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental Impact Statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/ implementation. iv. A monitoring plan as required by Paragraph 16, "Monitoring Plan Requirements," if applicable. 6) DISBURSEMENT OF FUNDS. The State will disburse to the Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Grant Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations, or which may require any rebates to the federal government, or any loss of tax-free status on state bonds, pursuant to any federal statute or regulation. Any and all money disbursed to the Grantee under this Grant Agreement shall be deposited in a non - interest bearing account and shall be used solely to pay Eligible Project Costs. 7) ELIGIBLE PROJECT COST. The Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B, "Budget". Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition and associated legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction. Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project included in this Agreement. Costs incurred after the June 2, 2020 may be eligible for reimbursement. DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 UrantAgreemenfldo.4600013842 Page 3 of 71 Costs that are not eligible for reimbursement include, but are not limited to, the following items: A. Costs, other than those noted above, incurred prior to the award date of this Grant. B. Costs for preparing and filing a grant application. C. Operation and maintenance costs, including post construction performance and monitoring costs. D. Purchase of equipment that is not an integral part of a project. E. Establishing a reserve fund. F. Purchase of water supply. G. Replacement of existing funding sources for ongoing programs. H. Meals, food items, or refreshments. I. Payment of any punitive regulatory agency requirement, federal or state taxes. J. Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of a project, as set forth and detailed by engineering and feasibility studies, or acquisition of land by eminent domain. K. Overhead and Indirect Costs. "Indirect Costs" means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the funded project (i.e., costs that are not directly related to the funded project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Grantee or LPSs; non -project -specific accounting and personnel services performed within the Grantee's or LPS' organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non -project -specific facilities; tuition and conference fees; forums, trainings, and seminars; and, generic overhead or markup. This prohibition applies to the Grantee, LPSs, and any subcontract or sub -agreement for work on the Project that will be reimbursed pursuant to this Agreement. L. Mitigation for environmental impacts not resulting from implementation of the Project funded by this program. 8) METHOD OF PAYMENT. After the disbursement requirements in Paragraph 5, "Basic Conditions" are met, the State will disburse the whole or portions of State funding to the Grantee, following receipt from the Grantee of an electronic invoice certified and transmitted via electronic/digital signature system (e.g., DocuSign) or via US mail or Express mail delivery of a "wet signature" for costs incurred, including Local Cost Share, and timely Quarterly Progress Reports as required by Paragraph 14, "Submission of Reports." Payment will be made no more frequently than quarterly, in arrears, upon receipt of an invoice bearing the Grant Agreement number. Quarterly Progress Report must accompany an invoice ($0 Invoices are acceptable) and shall be submitted within 60 days following the end of the calendar quarter (i.e. invoices due May 30, August 29, November 29, and March 1). The State will notify the Grantee, in a timely manner, whenever, upon review of an invoice, the State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to the State. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to the State to cure such deficiency(ies). If the Grantee fails to submit adequate documentation curing the deficiency(ies), the State will adjust the pending invoice by the amount of ineligible or unapproved costs. Invoices submitted by the Grantee shall include the following information: A. Costs incurred for work performed in implementing the Project during the period identified in the particular invoice. DocuSign Envelope ID: 7DOD574C-B1E5-4Ag4-98CC-C2B16DDD7DC6 EXHIBIT 5 Agreement 0. Page 4 of 71 B. Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for a project during the period identified in the particular invoice for the implementation of a project. C. Invoices shall be submitted on forms provided by the State and shall meet the following format requirements: i. Invoices shall contain the date of the invoice, either the time period covered by the invoice or the invoice date received within the time period covered, and the total amount due. ii. Invoices shall be itemized based on the categories (i.e., tasks) specified in Exhibit B, "Budget." The amount claimed for salaries/wages/consultant fees shall include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). iii. One set of sufficient evidence (i.e., receipts, copies of checks, personnel hours' summary table, time sheets) shall be provided for all costs included in the invoice. iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the State's funding amount, as depicted in Paragraph 3, "Grant Amount" and those costs that represent the Grantee's costs, as applicable, in Paragraph 4, "Grantee Cost Share." v. Original signature and date of the Grantee's Project Representative. Submit an electronic invoice, certified and transmitted via electronic/digital signature system (e.g., DocuSign), from authorized representative to the Project Manager or the original "wet signature' copy of the invoice form to the Project Manager at the following address: PO Box 942836 Sacramento, CA 94236. All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., cost share). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder plus interest. Additionally, the State may request an audit pursuant to Paragraph D.5 and refer the matter to the Attorney General's Office or the appropriate district attorney's office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572-1573; Pen. Code, §§ 470, 487-489.) 9) ADVANCED PAYMENT. Water Code section 10551 authorizes advanced payment by the State for projects included and implemented in an applicable Integrated Regional Water Management Plan, and when the project proponent is a nonprofit organization; a disadvantaged community (DAC); or the project benefits a DAC. If a project is awarded less than $1,000,000 in grant funds, the project proponent may receive an advanced payment of fifty (50) percent of the grant award; the remaining fifty (50) percent of the grant award will be reimbursed in arrears after the advanced funds of a budget category have been fully expended. Within ninety (90) calendar days of execution of the Grant Agreement, the Grantee may provide the State an Advanced Payment Request. Advanced Payment Requests received ninety-one (91) calendar days after the execution of this Agreement will not be eligible to receive an advanced payment. The Advanced Payment Request shall contain the following: A. Documentation demonstrating that each Local Project Sponsor (if different from the Grantee, as listed in Exhibit 1) was notified about their eligibility to receive an advanced payment and a response from the Local Project Sponsor stating whether it wishes to receive the advanced payment or not. B. If the Grantee is requesting the advanced payment, the request(s) shall include: i. Descriptive information of each project with an update on project status DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 UranC green o. 4000013642 Page 5 of 71 The names of the entities that will receive the funding for each project, including, but not limited to, an identification as to whether the project proponent or proponents are nonprofit organizations or a DAC, or whether the project benefits a DAC A detailed Funding Plan which includes how the advanced payment will be expended (in terms of workplan, budget, and schedule) within the timeframe agreed upon by DWR and the Grantee. The Funding Plan must clearly identify the total budget (at Budget Category Level) for each project clearly showing the portion of advanced payment and reimbursement funds. iv. Any other information that DWR may deem necessary C. Upon review and approval of the Advanced Payment Request, DWR will authorize payment of the fully requested amount for the qualified project(s). Based on the project's Funding Plan and other considerations, DWR may determine it is not prudent to advance the full request in a single disbursement. In such a case, DWR will develop a "Disbursement Schedule," to disburse funds in installments. This Disbursement Schedule may change based on the project's ongoing compliance with the Advanced Payment requirements and the project's cash flow needs. D. Once DWR authorizes the Advanced Payment Request, the Grantee shall submit Advanced Payment Invoice(s) for the initial amount based on the "Disbursement Schedule' on behalf of the LPS(s), containing the request for each qualified project, to the State with signature and date of the Grantee's Project Representative, as indicated in Paragraph 21, "Project Representative." The Grantee shall be responsible for the timely distribution of the advanced funds to the respective LPS(s). The Advanced Payment Invoice(s) shall be submitted on forms provided by the State and shall meet the following format requirements: Invoice shall contain the date of the invoice, the time period covered by the invoice, and the total amount due. Invoice shall be itemized based on the budget categories specified in Exhibit B, "Budget." The State Project Manager will notify the Grantee, in a timely manner, when, upon review of an Advance Payment Invoice, the State determines that any portion or portions of the costs claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). iv. On a quarterly basis, the Grantee will submit an Accountability Report to the State that demonstrates how actual expenditures compare with the scheduled budget. The Accountability Report shall include the following information: 1. An itemization of how advanced funds have been spent to -date (Expenditure Report), including documentation that supports the disbursements (e.g., contractor invoices, receipts, personnel hours, etc.). Accountability Reports shall be itemized based on the budget categories (i.e., tasks) specified in Exhibit B. 2. An updated Accountability Report including an updated Funding Plan that depicts how the remaining advanced funds will be expended and the activities and deliverables associated with the advanced funds within the timeframe agreed upon by DWR and the Grantee when the advanced payment request was approved. 3. Documentation that the funds were placed in a non -interest bearing account, including the dates of deposits and withdrawals from that account. 4. Proof of distribution of advanced funds to LPS(s), if applicable. DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 urant Agreemento. Page 6 of 71 V. The State's Project Manager will notify the Grantee, in a timely manner, when, upon review of the Accountability Report, the State determines that any portion of the expenditures claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). If costs are not consistent with the tasks in Exhibit A, the State will reject the claim and remove them from the Accountability Report. E. Once the Grantee has spent all advanced funds in a budget category, then the method of payment will revert to the reimbursement process for that budget category specified in Paragraph 8, "Method of Payment for Reimbursement." 10) REPAYMENT OF ADVANCES. The State may demand repayment from the Grantee of all or any portion of the advanced State funding along with interest at the California general obligation bond interest rate at the time the State notifies the Grantee, as directed by the State, and take any other action that it deems necessary to protect its interests for the following conditions: A. A project is not being implemented in accordance with the provisions of the Grant Agreement. B. The Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if the Grantee does not remedy any such failure to the State's satisfaction. C. Failure by the Grantee to submit complete and accurate quarterly Accountability Reports by the required due dates, unless otherwise approved by DWR. D. Failure to deposit funds in a non -interest -bearing account. E. Use of Advance Payment funds for ineligible expenses and/or activities not consistent with this Agreement. F. Inappropriate use of funds, as deemed by DWR. G. Repayment amounts may also include: i. Actual costs incurred which are not consistent with the activities presented in Exhibit A, not supported, or are ineligible. ii. Advanced funds which are not fully expended by project completion, notwithstanding Water Code section 10551(c)(4). Unused grant funds shall be returned to DWR within sixty (60) calendar days. Any repayment of advanced funds may consist of reducing the amount from future reimbursement invoices. The State may consider the Grantee's refusal to repay the requested advanced amount a material breach of this Agreement subject to the default provisions in Paragraph 12, "Default Provisions." If the State notifies the Grantee of its decision to demand repayment or withhold the entire funding amount from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such notice by the Grantee and the State shall no longer be required to provide funds under this Agreement. 11) WITHHOLDING OF DISBURSEMENTS BY THE STATE. If the State determines that a project is not being implemented in accordance with the provisions of this Grant Agreement, or that the Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if the Grantee does not remedy any such failure to the State's satisfaction, the State may withhold from the Grantee all or any portion of the State funding and take any other action that it deems necessary to protect its interests. Where a portion of the State funding has been disbursed to the Grantee and the State notifies the Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 12, "Default Provisions," the portion that has been disbursed shall thereafter be repaid immediately with interest at the California general obligation bond interest rate at the time the State notifies the Grantee, as directed by the State. The State may consider the Grantee's refusal to repay the requested disbursed amount a material breach subject to the default provisions in Paragraph 12, "Default Provisions." If the State notifies DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 &rant Agreemento.4600013842 Page 7 of 71 the Grantee of its decision to withhold the entire funding amount from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such notice by the Grantee and the State shall no longer be required to provide funds under this Grant Agreement and the Grant Agreement shall no longer be binding on either party. 12) DEFAULT PROVISIONS. The Grantee shall be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee's obligations; B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; C. Failure to operate or maintain the Project in accordance with this Grant Agreement. D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. E. Failure to submit quarterly progress reports pursuant to Paragraph 5. F. Failure to routinely invoice the State pursuant to Paragraph 8. G. Failure to meet any of the requirements set forth in Paragraph 13, "Continuing Eligibility." Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first- class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: H. Declare the funding be immediately repaid, with interest, which shall be equal to State of California general obligation bond interest rate in effect at the time of the default. I. Terminate any obligation to make future payments to the Grantee. J. Terminate the Grant Agreement. K. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs. 13) CONTINUING ELIGIBILITY. The Grantee shall meet the following ongoing requirement(s) and all eligibility criteria outlined in the 2019 Guidelines to remain eligible to receive State funds: A. An urban water supplier that receives grant funds pursuant to this Agreement shall maintain compliance with the Urban Water Management Planning Act (UWMP; Wat. Code, § 10610 et seq.) and Sustainable Water Use and Demand Reduction (Wat. Code, § 10608 et seq.) as set forth on page 11 of the 2019 Guidelines and as stated on page 22 of the Proposal Solicitation Package. B. An agricultural water supplier receiving grant funds shall comply with Sustainable Water Use and Demand Reduction requirements outlined in Water Code section 10608, et seq. and have their Agricultural Water Management Plan (AWMP) deemed consistent by DWR. To maintain eligibility and continue funding disbursements, an agricultural water supply shall have their 2015 AWMP identified on the State's website. For more information, visit the website listed in Appendix A in the 2019 Guidelines. C. A surface water diverter receiving grant funds shall maintain compliance with diversion reporting requirements as outlined in Water Code section 5100 at. seq. DocuSign Envelope ID: 7DOD574C-B1 E5-4A94-98CC-C2B16DDD7DC6 I:► 11 iM Grant greemen o. 13842-- Page 8 of 71 D. If applicable, the Grantee shall demonstrate compliance with the Sustainable Groundwater Management Act (SGMA) set forth on page 10 of the 2019 Guidelines. E. If the Grantee has been designated as a monitoring entity under the California Statewide Groundwater Elevation Monitoring (CASGEM) Program, the Grantee shall maintain reporting compliance, as required by Water Code section 10932 and the CASGEM Program. F. The Grantee shall adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Wat. Code, § 12406, et seq.) for data sharing, transparency, documentation, and quality control. 14) SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Grant Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to the State. All reports shall be submitted to the State's Project Manager and shall be submitted via the DWR "Grant Review and Tracking System" (GRanTS). If requested, the Grantee shall promptly provide any additional information deemed necessary by the State for the approval of reports. Reports shall be presented in the formats described in the applicable portion of Exhibit F, "Report Formats and Requirements." The timely submittal of reports is a requirement for initial and continued disbursement of State funds. Submittal and subsequent approval by the State of a Project Completion Report is a requirement for the release of any funds retained for such project. A. Quarterly Progress Reports: The Grantee shall submit quarterly Progress Reports to meet the State's requirement for disbursement of funds. Progress Reports shall be uploaded via GRanTS, and the State's Project Manager notified of upload. Progress Reports shall, in part, provide a brief description of the work performed, the Grantee's activities, milestones achieved, any accomplishments and any problems encountered in the performance of the work under this Grant Agreement during the reporting period. The first Progress Report must accompany an invoice ($0 Invoices are acceptable) and shall be submitted within 60 days following the end of the calendar quarter (i.e. invoices due May 30, August 29, November 29, and March 1). B. Accountability Report: The Grantee shall prepare and submit to the State an Accountability Report on a quarterly basis if the Grantee received an advanced payment, consistent with the provisions in Paragraph 9, "Advanced Payment." C. Proiect Completion Report: The Grantee shall prepare and submit to the State a separate Project Completion Report for each project included in Exhibit A. The Grantee shall submit a Project Completion Report (or a Component Completion Report, if a Project has multiple Components) within ninety (90) calendar days of Project/Component completion as outlined in Exhibit F. D. Grant Completion Report: Upon completion of all the Projects included in Exhibit A, the Grantee shall submit to the State a Grant Completion Report. The Grant Completion Report shall be submitted within ninety (90) calendar days of submitting the Completion Report for the final project to be completed under this Grant Agreement, as outlined in Exhibits A, and F. Retention for any grant administration line items in the Budget of this Grant Agreement will not be disbursed until the Grant Completion Report is approved by the State. E. Post -Performance Reports: The Grantee shall prepare and submit to the State Post -Performance Reports for the applicable project(s). Post -Performance Reports shall be submitted to the State within ninety (90) calendar days after the first operational year of a project has elapsed. This record keeping and reporting process shall be repeated annually for a total of three (3) years after the project begins operation. 15) OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by the State, the Grantee agrees to ensure or cause to be performed the commencement and continued operation of the project, and shall ensure or cause the project to be operated in an efficient and economical manner; shall ensure all repairs, renewals, and DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 ran Agreement No.4600013842 Page 9 of 71 replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such maintenance, management, or operation. The Grantee or their successors may, with the written approval of the State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Grant Agreement, "useful life" means period during which an asset, property, or activity is expected to be usable for the purpose it was acquired or implemented; "operation costs' include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses, and "maintenance costs" include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. Refusal by the Grantee to ensure operation and maintenance of the projects in accordance with this provision may, at the option of the State, be considered a breach of this Grant Agreement and may be treated as default under Paragraph 12, "Default Provisions." 16) MONITORING PLAN REQUIREMENTS. A Monitoring Plan shall be submitted to the State prior to disbursement of State funds for construction or monitoring activities. The Monitoring Plan should incorporate Post -Performance Monitoring Report requirements as defined and listed in Exhibit F, and follow the guidance provided in Exhibit J, "Project Monitoring Plan Guidance." 17) STATEWIDE MONITORING REQUIREMENTS. The Grantee shall ensure that all groundwater projects and projects that include groundwater monitoring requirements are consistent with the Groundwater Quality Monitoring Act of 2001 (Water Code § 10780 et seq.) and, where applicable, that projects that affect water quality shall include a monitoring component that allows the integration of data into statewide monitoring efforts, including where applicable, the Surface Water Ambient Monitoring Program carried out by the State Water Resources Control Board. See Exhibit G for web links and information regarding other State monitoring and data reporting requirements. 18) NOTIFICATION OF STATE. The Grantee shall promptly notify the State, in writing, of the following items: A. Events or proposed changes that could affect the scope, budget, or work performed under this Grant Agreement. The Grantee agrees that no substantial change in the scope of a project will be undertaken until written notice of the proposed change has been provided to the State and the State has given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget. B. Any public or media event publicizing the accomplishments and/or results of this Grant Agreement and provide the opportunity for attendance and participation by the State's representatives. The Grantee shall make such notification at least fourteen (14) calendar days prior to the event. C. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Grantee agrees that all work in the area of the find shall cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The Grantee agrees to implement appropriate actions as directed by the State. D. The initiation of any litigation or the threat of litigation against the Grantee or an LPS regarding the Project or which may affect the Project in any way. E. Applicable to construction projects only: Final inspection of the completed work on a project by a Registered Professional (Civil Engineer, Engineering Geologist, or other State approved certified/licensed Professional), in accordance with Exhibit D. The Grantee shall notify the State's Project Manager of the inspection date at least fourteen (14) calendar days prior to the inspection in order to provide the State the opportunity to participate in the inspection. DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 brant Agreemento. Page 10 of 71 19) NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the following means: A. By delivery in person. B. By certified U.S. mail, return receipt requested, postage prepaid. C. By "overnight' delivery service; provided that next -business -day delivery is requested by the sender. D. By electronic means. E. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U.S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices shall be sent to the addresses listed below. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below. 20) PERFORMANCE EVALUATION. Upon completion of this Grant Agreement, the Grantee's performance will be evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent to the Grantee. 21) PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant Agreement are as follows: Department of Water Resources Arthur Hinojosa Chief, Division of Regional Assistance P.O. Box 942836 Sacramento, CA 94236-0001 Phone: (916) 653-4736 Email: Arthur.Hinojosa@water.ca.gov Direct all inquiries to the Project Manager: Department of Water Resources Ashley Gilreath Environmental Scientist Division of Regional Assistance P.O. Box 942836 Sacramento, CA 94236-0001 Phone: (916) 653-9190 Email: ashley.gilreath@water.ca.gov Santa Ana Watershed Project Authority Jeff Mosher General Manager 11615 Sterling Avenue Riverside, CA 9503 Phone: (951) 354-4240 Email: jmosher@sawpa.org Santa Ana Watershed Project Authority David P. Ruhl General Manager 11615 Sterling Avenue Riverside, CA 9503 Phone: (951) 354-4223 Email: druhl@sawpa.org Either party may change its Project Representative or Project Manager upon written notice to the other party. DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant Agreement No. 4 0013842 Page 11 of 71 22) STANDARD PROVISIONS. This Grant Agreement is complete and is the final Agreement between the parties. The following Exhibits are attached and made a part of this Grant Agreement by this reference: Exhibit A — Work Plan Exhibit B — Budget Exhibit C — Schedule Exhibit D — Standard Conditions Exhibit E —Authorizing Resolution Exhibit F — Report Formats and Requirements Exhibit G — Requirements for Data Submittal Exhibit H — State Audit Document Requirements for the Grantee Exhibit I — Local Project Sponsors and Project Locations Exhibit J — Project Monitoring Plan Guidance IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement. STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES Arthur Hinojosa Chief, Division of Regional Assistance SANTA ANA WATERSHED PROJECT AUTHORITY V M os(u,r Jeff Mosher General Manager 4/30/2021 Date 4/30/2021 DocuSign Envelope ID: 7DOD574C-Bi E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT A WORK PLAN EXHIBIT 5 ran greemen 6746000138-47— Page 12 of 71 PROPOSITION 1 ROUND 1 SANTA ANA IRWM IMPLEMENTATION GRANT Grant Administration IMPLEMENTING AGENCY: Santa Ana Watershed Project Authority DESCRIPTION: The Grantee will administer the Agreement and respond to DWR's reporting and compliance requirements associated with the grant. The Grantee will act in a coordination role: disseminating grant compliance information to the project managers responsible for implementing the projects contained in this Agreement, obtaining and retaining evidence of compliance (e.g., CEQA/NEPA documents, reports, monitoring compliance documents, labor requirements, etc.), obtaining data for progress reports from individual project managers, assembling and submitting progress reports to the State, and coordinating all invoicing and payment of invoices. Budget Category (a): Project Administration Task 1: Agreement Administration The Grantee will respond to DWR's reporting and compliance requirements associated with the grant administration and will coordinate with the project managers responsible for implementing the projects contained in this Agreement. Task 2: Invoicing The Grantee will be responsible for compiling invoices for submittal to DWR. This includes collecting invoice documentation from each of the Local Project Sponsors and compiling the information into a DWR Invoice Packet. Deliverables: • Quarterly Invoices and associated backup documentation Task 3: Reporting The Grantee will be responsible for compiling progress reports for submittal to DWR. The Grantee will coordinate with Local Project Sponsor staff to retain consultants as needed to prepare and submit progress reports and final project completion reports for each project, as well as the grant completion report. Deliverables: • Quarterly Progress Reports • Grant Completion Report DocuSign Envelope ID: 7DOD574C-B1E5-4A94-96CC-C2B16DDD7DC6 EXHIBIT 5 Grant greemen o.4600013842 Page 13 of 71 PROJECT 1: Enhancements to Watershed -Wide Water Budget Decision Support Tool IMPLEMENTING AGENCY: Santa Ana Watershed Project Authority PROJECT DESCRIPTION: The project (categorized as a decision support tool) will create water budgets based on efficiency at the customer and retail water agency scale through the collection of aerial imagery, weather data, and other information. By making the budgets available to retail water agencies through an online decision support tool, agency staff will be able to compare the Pilot budgets and their customers' usage. This comparison will help them identify which customers are inefficient (i.e., usage exceeds water budget) and target conservation programs, such as turf removal rebate programs, to those inefficient customers. Budget Category (a): Project Administration Task 1: Proiect Management Manage the project by working with the consultants, Bureau of Reclamation, and the member agencies, the Municipal Water District of Orange County (MWDOC), and the existing Santa Ana Watershed Project Authority Project Agreement 22 Committee, which includes a representative from each of the five member agencies. Prepare invoices including relevant supporting documentation for submittal to DWR as Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors. Deliverables: • Invoices and associated backup documentation Task 2: Reporting Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR. Prepare Project Completion Report and submit to DWR, no later than 90 days after project completion for DWR Project Manager's comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F. Deliverables: • Quarterly Project Progress Reports • Project Completion Report • Documentation (e.g., photo) of "Acknowledgment of Credit & Signage" per Standard Condition D.2 Budget Category (b): Land Purchase/Easement Not Applicable Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 3: CEQA Documentation — Not applicable The Lead Agency determined this is not a project under CEQA. Task 4: Permitting — Not applicable Task 5: Proiect Monitoring Plan — Not applicable DocuSign Envelope ID: 7DOD574C-B1 E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant greemen o. Page 14 of 71 Budget Category (d): Construction/Implementation Task 6: Contract Services This task must comply with the Standard Condition DA 1 — Competitive Bidding and Procurements. The grantee will secure consultant(s) and award the contract to complete the project. The documents generated may include request for proposal(s) (RFPs), Santa Ana Watershed Project Authority Commission memorandums and presentations, RFP response documents from consultants, and contract(s) with successful consultant(s). If consultants are not utilized, the grantee will execute an agreement with the Bureau of Reclamation to implement portions of the project such as analyzing the acquired imagery. Deliverables: • Award of Contract, if necessary • Agreement with the Bureau of Reclamation, if necessary Task 7: ImDlementation Task 7 is comprised of three major items: (1) acquire imagery covering the area of interest, (2) analyze the imagery through geographic information system -based software, and (3) implement a Decision Support Tool to share the data with water agencies. Imagery: The grantee and its partners (or consultant(s)) will acquire RGBN (red, green, blue, near infrared) imagery for the entire urbanized Santa Ana River Watershed, South Orange County, and potentially areas of the Upper Santa Margarita Watershed. The percentage of the imagery to be analyzed and the method of analysis will be developed by the grantee and its project partners such as the member agencies, MWDOC, and the Bureau of Reclamation. Imagery Analysis: The grantee and the Bureau of Reclamation will analyze the imagery to identify and measure irrigated landscape and irrigable land with sufficient detail to provide customer parcel -level outdoor water budgets to water retail agencies to support the achievement of water efficiency regulations prescribed by the state. The grantee may also add indoor budgets for residential parcels to calculate total indoor and outdoor water efficiency budgets. Decision Support Tool: The grantee, working with a consultant and/or project partner, will utilize a web -based tool that displays several data layers, such as the outdoor water budgets, indoor water budgets (if necessary), retail water agency boundaries, watershed imagery, and water budget calculations. The tool's available logins will be controlled by the grantee and available to water agency staff who choose to partner with the grantee. Deliverables: • DWR's Certificate of Project Completion • Imagery data, upon request • Description of the Methodology behind the Decision Support Tool DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Urant Agreemento. 4600013842 Page 15 of 71 PROJECT 2: Santa Ana Mountains Watershed Protection Project IMPLEMENTING AGENCY: Cleveland National Forest PROJECT DESCRIPTION: The Cleveland National Forest has a year-round fire season and a well - documented history of frequent high -intensity fires around the project area. In order to enhance watershed function and water resources, the project will establish approximately 650 acres of strategically located topographic and roadside fuel breaks on National Forest System lands along North Main Divide Road (approximately 635 acres) and the Trabuco Community Defense (approximately 15 acres) within the Santa Ana Mountains and watershed. Budget Category (a): Project Administration Task 1: Project Management Manage contract with Grantee including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with the Grantee. Prepare invoices including relevant supporting documentation for submittal to DWR via Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors. Deliverables: • Invoices and associated backup documentation Task 2: Reporting Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR via Grantee. Prepare Project Completion Report and submit to DWR via Grantee no later than 90 days after project completion for DWR Project Manager's comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F. Deliverables: • Quarterly Project Progress Reports • Project Completion Report • Documentation (e.g., photo) of "Acknowledgment of Credit & Signage" per Standard Condition D.2 Budget Category (b): Land Purchase/Easement Task 3: Land Purchase — Not Applicable Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: CEQA Documentation A Notice of Exemption for this project was filed in Riverside County on July 2, 2020, and in Orange County on July 14, 2020. NEPA has been completed. Prepare letter stating no legal challenges (or addressing legal challenges). Deliverables: • All completed CEQA documents as required • Legal Challenges Letter • All completed NEPA documents as required DocuSign Envelope ID: 7DOD574C-B1 E5-4A94-98CC-C2B16DDD7DC6 LWOM1�1111P Urant Agreemento. Page 16 of 71 Task 5: Permitting The Trabuco Ranger District is required to file Smoke Management Plans annually with the South Coast Air Quality Management District (SCAQMD) prior to initiating prescribed fire activities on the District, typically in the late summer and early fall of each year. Smoke Management Plans are already submitted for the current year. SCAQMD typically reviews the plan over the course of three weeks and issues a permit. Deliverables: • Permits as required Task 6: Project Monitoring Plan Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR's review and approval. Deliverables: • Project Monitoring Plan Budget Category (d): Construction/Implementation Task 7: Contract Services This task must comply with the Standard Condition D.11 — Competitive Bidding and Procurements if a contractor is deemed necessary for the work. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre -bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed. Deliverables: • Bid Documents, if necessary • Proof of Advertisement, if necessary • Award of Contract, if necessary • Notice to Proceed, if necessary Task 8: Construction Administration This task includes serving as the contracting officer's (CO) representative (COR) managing day-to-day contractor performance and compliance with contract requirements and issuing work directives as authorized by the CO. A project inspector will be on site for the days the COR is not available. Duties of the COR include conducting a pre -operations meeting and completing the labor-intensive checklist for worker safety; completing logs to document contractor compliance, progress, and payments; recommending invoices for payment; addressing on -site contractors' questions; and notifying contractor if work is not acceptable. The project inspector's duties are limited to completing daily logs, notifying contractor if work is not acceptable, and notifying COR and CO to take corrective actions. Upon completing the project, the DWR Certificate of Project Completion will be provided to DWR. Deliverables: • DWR Certificate of Project Completion • Summary of final inspection DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant greemen o. Page 17 of 71 Task 9: Implementation Implementation activities are outlined below: Fuel break construction activities include mobilization and demobilization of forestry hand crews; hand crews, mechanical mastication, and other common fuel techniques starting at one end of fuel break, working towards the other; and hand crews piling or loping and scattering slash for subsequent disposal. Prescribed fire activities to dispose of activity fuels would include cutting a fire line around each fuel break section and lighting the piles on fire in a systematic order from one side of the fuel break to the other side until all piles have been disposed of. Deliverables: • Photographic Documentation of Progress DocuSign Envelope ID: 7DOD574C-B1 E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Page 18 of 71 PROJECT 3: Groundwater Replenishment System Final Expansion IMPLEMENTING AGENCY: Orange County Water District (OCWD) PROJECT DESCRIPTION: The project is the final expansion of the Groundwater Replenishment System (GWRS). This project will fund a component of the GWRS Final Expansion collectively known as the Advanced Water Purification Facility located in Fountain Valley which consists of additional microfiltration treatment, reverse osmosis membrane treatment, ultraviolet light disinfection, decarbonation tower, pumps and chemical tank. The project provides capacity to treat contaminated groundwater pumped from two plumes, recycles approximately 30 million gallons per day (mgd) of secondary -treated wastewater currently discharged to the ocean, and reduces salt load to the groundwater basin by 10,000 tons per year by replacing imported water with high quality and low total dissolved solids advanced treated water. Budget Category (a): Project Administration Task 1: Proiect Management Manage contract with Grantee including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with the Grantee. Prepare invoices including relevant supporting documentation for submittal to DWR via Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors. Deliverables: • Invoices and associated backup documentation Task 2: Reporting Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR via Grantee. Prepare Project Completion Report and submit to DWR via Grantee, no later than 90 days after project completion for DWR Project Manager's comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F. Deliverables: • Quarterly Project Progress Reports • Project Completion Report • Documentation (e.g., photo) of "Acknowledgment of Credit & Signage" per Standard Condition D.2 Budget Category (b): Land Purchase/Easement Task 3: Land Purchase — Not Applicable Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies A project engineer's report titled "Engineer's Report for the Groundwater Replenishment System Final Expansion Project" was completed as a separate part of the project development process. Deliverables: 0 Relevant Feasibility Studies DocuSign Envelope ID: 7DOD574C-Bt E6-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant greemen o. 42 Page 19 of 71 Task 5: CEQA Documentation The original Environmental Impact Report/Environmental Impact Statement (EIR/EIS) for the GWRS project was certified in March 1999, which was followed by a series of addenda to the 1999 EIR/EIS. Addendum No. 6 was approved on September 21, 2016, providing a CEQA-Plus Federal Consultation Review for the final expansion of the GWRS facility and evaluating a design modification to the GWRS that involved treating wastewater flows from OCWD Plant 2 water treatment site. Deliverables: • All completed CEQA-Plus documents as required • Legal Challenges Letter Task 6: Permitting A Coastal Development Permit was acquired from the City of Huntington Beach on September 19, 2018. No other permits are required or anticipated for this project. Deliverables: • Permits as required Task 7: Design The geotechnical investigations were completed in 2018 (two investigations) and 2019 (three investigations). Investigations were also completed for the project in 2004 (two investigations), 2005, 2006, and 2010. The project design and specifications were completed and included in the bidding document. Deliverables: • Geotechnical Reports Task 8: Project Monitoring Plan Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR's review and approval. Deliverables: • Project Monitoring Plan Budget Category (d): Construction/implementation Task 9: Contract Services This task must comply with the Standard Condition D.11 — Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre -bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed. Deliverables: • Bid Documents • Proof of Advertisement • Award of Contract • Notice to Proceed DocuSign Envelope ID: 7DOD574C-B1 E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant greemen o. 4600013842 Page 20 of 71 Task 10: Construction Administration This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project. Construction observer duties include documenting of pre -construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR. Laboratory analysis is also included in Task 10 and falls into three categories: 1) Construction material testing (for example, concrete, steel, and masonry) 2) Geotechnical laboratory analysis (such as soil classification, relative soil density, soil consolidation) shall be performed in accordance with soil testing standards at intervals required by the Contract Documents; and 3) Water Quality laboratory analysis falls in two categories: a. discharge as construction dewatering to OCWD sewer and/or OCWD ocean outfall system. b. plant process systems wherein the water quality testing to comply with the potable water standards shall be performed in accordance with the requirements of California Division of Drinking Water. Deliverables: • DWR Certificate of Project Completion • Record Drawings • Laboratory Testing Results Task 11: Construction Construction activities are outlined below. 11(a): Mobilization activities at the GWRS include construction contractor office trailer, installation of electrical connections, internet and general communication and office equipment, delivery of temporary portable restrooms to the construction areas, and set up of fences around the perimeter of several construction areas. Demobilization activities at the end of construction include removal of perimeter fences, construction site cleanup, trash removal, and hauling away the office trailer and temporary portable restrooms. 11(b): Construction activities at the GWRS include new microfiltration cells and a backwash pump to be added to the existing system with existing microfiltration building and basement expanded to house equipment; new reverse osmosis membrane trains to be installed in the existing reverse osmosis membrane building with a reverse osmosis flush feed pump to provide reverse osmosis permeate water for flushing; new ultraviolet system trains, electrical panels, and process control system controllers; new decarbonation tower and blower; a vertical diffusion vane pump in the existing Product Water Pump Station building and backwash supply pumps; a steel sulfuric acid tank; and electrical work and equipment Deliverables: 0 Photographic Documentation of Progress DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant Agreement No. 48 0 842 Page 21 of 71 PROJECT 4: Joint IEUA—JCSD Regional Water Recycling Program IMPLEMENTING AGENCY: Inland Empire Utilities Agency (IEUA) PROJECT DESCRIPTION: This project is a collaborative effort between the Inland Empire Utilities Agency (IEUA) and the Jurupa Community Services District (JCSD) to increase recycled water use and groundwater recharge in the Chino Basin. The Project will yield approximately 4,000 acre-feet per year (AFY) of recycled water from the Western Riverside County Regional Water Authority (WRCRWA) treatment plant for delivery to the IEUA service area. The project will construct a connection to IEUA's recycled water 800 and 930 pressure zones (PZ) that is more suitable to optimizing the use of WRCRWA effluent in the IEUA service area. Budget Category (a): Project Administration Task 1: Project Management Manage contract with Grantee including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with the Grantee. Prepare invoices including relevant supporting documentation for submittal to DWR via Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors. Deliverables: • Invoices and associated backup documentation Task 2: Reporting Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR. Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager's comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F. Deliverables: • Quarterly Project Progress Reports • Project Completion Report • Documentation (e.g., photo) of "Acknowledgment of Credit & Signage" per Standard Condition D.2 Budget Category (b): Land Purchase/Easement Task 3: Land Purchase — Not Applicable Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies A feasibility study for the project was completed in December 2017 as part of the project development process. Deliverables: 0 Relevant Feasibility Studies DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 urant Agreemento.4600013842 Page 22 of 71 Task 5: CEQA Documentation A Notice of Determination for a Mitigated Negative Declaration was filed with the Office of Planning and Research in September of 2015. Prepare letter stating no legal challenges (or addressing legal challenges). Deliverables: • All completed CEQA documents as required • Legal Challenges Letter Task 6: Permitting The project will require coordination with several agencies to secure the necessary permits for the pipeline construction. The following table lists each agency and the anticipated permits needed to implement the project. The permits to start the construction have already been acquired. Agency Description California Department of Transportation (Caltrans) Encroachment permits for work within Caltrans right-of-way (ROW) for the proposed pipeline. City of Chino Public Works Department Encroachment permits City of Eastvale Public Works Department Encroachment permits. City of Jurupa Valley Public Works Department Encroachment permits City of Norco Agreement for the transference of recycled water to Jurupa Community Services District (JCSD). City of Ontario Engineering Department Encroachment permits will be required for construction of pipelines along roadways in that city. Home Gardens Sanitary District Agreement for the transference of recycled water to JCSD. Riverside County Flood Control & Water Encroachment permits Conservation District RCFCWCD San Bernardino County Flood Control District Encroachment permits SBCFCD State Water Resources Control Board National Pollutant Discharge Elimination System (NPDES) Construction General Permit. Western Municipal Water District Agreement for the transference of recycled water to JCSD. Western Riverside County Regional Wastewater Approval to construct the proposed clear well at the treatment Authority plant site. State Water Resources Control Board Wastewater Change Petition Deliverables: Permits as required DocuSign Envelope ID: 7DOD574C-B1 E5-4A94-96CC-C2B16DDD7DC6 EXHIBIT 5 Grant greemen o. 4600013842 Page 23 of 71 Task 7: Design Complete preliminary design including the following supporting work: geotechnical investigation, topographic survey, and pre -design report (PDR). The PDR will provide the overall project concept for use in development of final design and the plans and specifications. The final plans and specifications will be developed through the design process and will contain all information needed to construct the pipeline and pump stations. Deliverables: • Geotechnical Report • Topographic Survey • Pre -design report • 100% Design Plans and Specifications Task 8: Proiect Monitoring Plan Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR's review and approval. Deliverables: • Project Monitoring Plan Budget Category (d): Construction/Implementation Task 9: Contract Services This task must comply with the Standard Condition D.11 — Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre -bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed. Deliverables: • Bid Documents • Proof of Advertisement • Award of Contract • Notice to Proceed Task 10: Construction Administration This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project. Construction observer duties include documenting of pre -construction conditions, construction logs, preparing change orders, addressing questions of contractors on site, reviewing/updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR. Deliverables: • DWR Certificate of Project Completion • Record Drawings DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant greemen o. Page 24 of 71 Task 11: Construction Construction activities are outlined below. Final design and specifications will determine the detailed information such as length of pipe needed and pump size. 11(a): Mobilization and Demobilization: Mobilization will require the contractor to coordinate the location of the site entrance/exit and a staging area where equipment and tools will be kept for each Component. Traffic control may be needed depending on the site. Daily, the contractor will be responsible for securing their staging area, maintaining Stormwater Pollution Prevention Plan (SWPPP) devices, and cleaning the entrance/exit and worksite. At the completion of the components, the contractor will be testing the installed equipment and making any necessary repairs/reinstallation until the testing results are per specification/satisfactory. At the end of construction, the contactor will demobilize by removing all remaining equipment, tools, fencing, SWPPP devices and restoring the worksite per plans. Final paving will be installed, and traffic control devices will be removed. 11(b): Construction will include the following components: • WRCRWA 800 Zone Booster Pump Station —The existing recycled water pump station has a 7.2 mgd capacity and will be expanded to approximately 10.7 mgd to deliver recycled water to IEUA's southern system. The contractor will grade the site, excavate for piping, and install the equipment, electrical, instrumentation, and incidentals. • IEUA 930 Zone Booster Pump Station —The contractor will grade the site, excavate for piping and install the equipment, electrical, instrumentation, and incidentals. • 30-inch Transmission Pipeline from WRCWRA Plant to American Heroes Park —During construction, the contractor will excavate a trench, install bedding, piping, and backfill. Compaction testing will be conducted before any paving is installed. Pipe testing will be implemented by the contractor and any defects will be corrected as required. • 24-inch Transmission Pipeline from American Heroes Park to path of construction to 930 PZ at Eucalyptus and Carpenter —During construction, the contractor will excavate a trench, install bedding, piping, and backfill. Compaction testing will be conducted before any paving is installed. Pipe testing will be implemented by the contractor and any defects will be corrected as required. • 930 PZ at Eucalyptus and Carpenter —During construction, the contractor will excavate a trench, install bedding, piping, and backfill. Compaction testing will be conducted before any paving is installed. Pipe testing will be implemented by the contractor and any defects will be corrected as required. Deliverables: • Photographic Documentation of Progress DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant greement No. 4600013842 Page 25 of 71 PROJECT 5: Physical Harvesting of Algal Biomass in Lake Elsinore — Pilot Study IMPLEMENTING AGENCY: City of Lake Elsinore (City) PROJECT DESCRIPTION: This decision support tool is designed to determine the feasibility of improving water quality in Lake Elsinore through physical removal of algal biomass. The feasibility and cost- effectiveness of potential removal strategies will be evaluated. The two major components of the study are: 1) to collect empirical data on algal biomass removal technologies; and 2) to use this data to analyze the feasibility of each removal technology in reducing water column chlorophyll -a, phosphorous, Cyanobacteria, and Cyanotoxins concentrations and subsequent water quality responses. Budget Category (a): Project Administration Task 1: Proiect Management Manage contract with Grantee including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with the Grantee. Prepare invoices including relevant supporting documentation for submittal to DWR via Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors. Deliverables: • Invoices and associated backup documentation Task 2: Reporting Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR via Grantee. Prepare Project Completion Report and submit to DWR, via Grantee, no later than 90 days after project completion for DWR Project Manager's comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F. Deliverables: • Quarterly Project Progress Reports • Project Completion Report • Documentation (e.g., photo) of "Acknowledgment of Credit & Signage° per Standard Condition D.2 Budget Category (b): Land Purchase/Easement Task 3: Land Purchase — Not Applicable Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies — Not Applicable Task 5: CEQA Documentation — Not applicable The Lead Agency has determined this action is not a project under CEQA. Task 6: Permitting — Not Applicable Task 7: Design — Not Applicable Task 8: Proiect Monitoring Plan Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR's review and approval. DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant Agreemento. 4600013842 Page 26 of 71 Deliverables: • Project Monitoring Plan Budget Category (d): Construction/Implementation Task 9: Contract Services This task must comply with the Standard Condition D.11 — Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre -bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed. The qualified consultant/project manager will perform pilot data collection, analysis, and final report preparation. A qualified community engagement consultant will be selected by the City to develop a strategy to educate the community about the complexities of Lake Elsinore and the project. Deliverables: • Bid Documents • Proof of Advertisement • Award of Contract Task 10: Construction Administration This task includes managing contractor submittal review, answering requests for information, and issuing work directives. The consultant/project manager will conduct literature reviews of applicable technologies and interviews with other cities experiencing similar lake algae conditions. Working with the City, a Request for Proposal/Request for Qualifications (RFP/RFQ) will be developed and issued to solicit work plans and budgets from qualified vendors for pilot empirical algal removal. The responses will be reviewed; viable options and strategies will be identified; and the City will enter into agreements with successful vendors. It is estimated that approximately 3-5 different removal technologies will be tested, and it is assumed that multiple vendors will be selected based on their proposed plans and cost. Upon completing the project, the DWR Certificate of Project Completion will be provided to DWR. Deliverables: • DWR Certificate of Project Completion • Vendor RFP/RFQ document(s) • Vendor Contract(s) Task 11: Implementation Vendors will prepare a work plan that provides descriptions of algal biomass removal technologies to be evaluated, as well as field procedures for algal removal. The different technologies will be tested simultaneously during an active algae bloom. Any sampling required for laboratory analysis will also be conducted as described in the work plan/sampling plan to assess possible subsequent water quality responses. The Consultant/Project Manager will work with vendors to compile the results from each vendor as described in their draft reports to describe the algal removal results, sampling results, and the cost-effectiveness evaluation of technologies into a draft and final report. The report will also include an evaluation of the logistics for handling the harvested biomass and options for use of the harvested algal biomass to help offset the cost of a full-scale remediation program. Additionally, the potential impacts of full-scale algal biomass harvesting in Lake Elsinore, including potential ecological consequences on existing aquatic life, as well as DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Page 27 of 71 the scale of algal biomass effort needed to have a significant impact on water quality in the short-term (intra- annual), will be evaluated. The final report will be prepared for publication and approval by City Council, if required. The City and the consultant will develop a strategy to educate the community about the complexities of Lake Elsinore, its vulnerability to algae blooms, and the scope and cost of potential remediation techniques. The strategy will be implemented concurrent with the algae removal technology testing and will include, but will not be limited to, social media postings, media relations flyers, bill stuffers, presentations, and community events. Deliverables: • Photographic Documentation of Progress • Vendor Interim Reports • Final Report • Documentation of Community Engagement Material DocuSign Envelope ID: 7DOD574C-B1 E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant greement No.4600013842 Page 28 of 71 PROJECT 6: SAWPA Regional Comprehensive Landscape Rebate Program IMPLEMENTING AGENCY: Municipal Water District of Orange County (MWDOC) PROJECT DESCRIPTION: The Municipal Water District of Orange County and project partners, which include the Inland Empire Utilities Agency (IEUA), Western Municipal Water District (WMWD), Eastern Municipal Water District (EMWD), San Bernardino Valley Water District (SBVMWD), and Big Bear Lake Department of Water and Power (BBLDWP), will implement a water -efficient comprehensive landscape rebate program (Project). This Project titled, "Regional Comprehensive Landscape Rebate Program", targets public agency, residential, commercial, industrial, and institutional landscapes throughout the entire Santa Ana River Watershed. These improvements increase water supply and reliability by saving an estimated 2,697 AFY of potable water across the watershed. The improvements include transforming approximately 79 acres of turfgrass to improve on -site stormwater retention and infiltration, reducing stormwater runoff, and retrofitting approximately 8,000 acres of landscape to irrigate more efficiently. Together, these transformations will prevent approximately 946 AFY of runoff. Budget Category (a): Project Administration Task 1: Proiect Management MWDOC will work with each Partnering Agency on individual funding agreements to facilitate the flow of program reporting to MWDOC and the flow of grant funding from MWDOC to each Partnering Agency. Manage contract with Grantee including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with the Grantee. Prepare invoices including relevant supporting documentation for submittal to DWR via Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors. Deliverables: • Invoices and associated backup documentation Task 2: Reporting Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR via Grantee. Prepare Project Completion Report and submit to DWR, via Grantee, no later than 90 days after project completion for DWR Project Manager's comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F. Deliverables: • Quarterly Project Progress Reports • Project Completion Report • Documentation (e.g., photo) of "Acknowledgment of Credit & Signage" per Standard Condition D.2 Budget Category (b): Land Purchase/Easement Task 3: Land Purchase — Not Applicable Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies — Not Applicable DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 (5rant Agreemento. 4600013842 Page 29 of 71 Task 5: CEQA Documentation A Notice of Exemption was filed with the County of Orange on August 18, 2020. Prepare letter stating no legal challenges (or addressing legal challenges). Deliverables: • All completed CEQA documents as required • Legal Challenges Letter Task 6: Permitting — Not Applicable Task 7: Design — Not Applicable Task 8: Proiect Monitoring Plan Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR's review and approval. Deliverables: • Project Monitoring Plan Budget Category (d): Construction/Implementation Task 9: Contract Services — Not Applicable Task 10: Construction Administration — Not Applicable Task 11: Implementation This consumer -based rebate program (Project) targets public agency, residential, commercial, industrial, and institutional landscapes throughout the entire Santa Ana River Watershed by implementing the following nine rebates/programs. Rebate/Program Activities (1) Turf Removal: This project will facilitate the removal of approximately 3.6 million square feet (82 acres) of turfgrass and replacement with California native/friendly landscapes. Projects will include stormwater retention features, such as rain gardens, that will capture, retain, and percolate stormwater and will include a plant density minimum of three plants per 100 square feet. Approximately 25% of project sites will receive an in - person quality control inspection, and up to 100% will receive photo verification to ensure the project terms and conditions are being followed. (2) Smart Timers: The project will facilitate the installation of approximately 11,300 smart irrigation timers, also known as weather -based irrigation controllers (WBICs). These controllers irrigate based on real-time weather data to prevent the common issue of overwatering. Total rebates will not exceed the project cost for each WBIC. (3) High -Efficiency Rotating Nozzles: This project aims to install up to 276,000 high -efficiency rotating nozzles in residential, commercial, and public landscapes. (4) Landscape Design and Maintenance Assistance: Approximately 240 residential sites will receive a free customized landscape design and/or receive free landscape maintenance plans. (5) Spray -to -Drip Irrigation: Approximately 220,000 square feet of landscape irrigated with inefficient spray nozzles will be converted to drip irrigation at residential, commercial, and public properties sites. DocuSlgn Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant greement No. 4600013842 Page 30 of 71 (6) Industrial Process: Approximately five industrial sites will improve their processes to be more water efficient. The water savings engineering estimates serving as the basis of the rebate value will be verified through project monitoring and actual metered consumption data. (7) Pressure Regulation Valve (PRV) Replacement: Pressure will be tested/adjusted and, if necessary, failed PRVs will be replaced at approximately 350 residential sites within high-pressure zones as a free service offered to qualifying customers. Licensed plumbers will first inspect then replace failed PRVs where appropriate. (8) Native Plants: This project will facilitate the installation of approximately 960 native plants in place of higher water using plants at residential, commercial, and public sites. (9) Alternative Irrigation (Rain Barrels): This project will facilitate the installation of approximately 60 rain barrels at residential, commercial, and public sites. Deliverables: • Photographic Documentation of Progress • Copy of Application Program Database • Copy of the example rebate/contract terms DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Urant Agreemento.4600013842 Page 31 of 71 7: Raiff and Myrtle Park AGENCY: City of Santa Ana )JECT DESCRIPTION: This project features the construction of an approximately 1,600-square-foot etention basin with no underdrain and a large subsurface infiltration gallery (Stormchamber). Combined, Best Management Practices (BMPs) are designed to capture and infiltrate approximately 5.3 AFY of mwater from the approximately 9.87-acre drainage area. Category (a): Project Administration Manage contract with Grantee including compliance with grant requirements, and preparation and sut of supporting grant documents and coordination with the Grantee. Prepare invoices including relevant suDDortino documentation for submittal to DWR via Grantee. This task also includes administrative associated with the project such as coordinating with partnering agencies and managing Invoices and associated backup documentation progress reports detailing work completed during reporting period as outlined in Exhibit F of this ant. Submit reports to DWR via Grantee. Prepare Project Completion Report and submit to DWR, via Grantee, no later than 90 days after project completion for DWR Project Manager's comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F. Quarterly Project Progress Reports Project Completion Report Documentation (e.g., photo) of "Acknowledgment of Credit & Signage" per Standard Condition D Category (b): Land Purchase/Easement — Not Applicable Budget Category (c): Planning/Design/Engineering/Environmental Documentation consultant conducted a percolation test to assess infiltration feasibility at the project location. Deliverables: Percolation Test A Notice of Determination was filed for a Mitigated Negative Declaration with the Office of Planning and Research in October of 2019. Prepare letter stating no legal challenges (or addressing legal challenges). DocuStgn Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant greemen o. 4600013842 Page 32 of 71 • All completed CEQA documents as required • Legal Challenges Letter City of Santa Ana filed Notice of Intent (NOI) for coverage under the National Pollutant Discharge ination System General Permit for Storm Water Discharges Associated with Construction and Land irbance Activities (Order No. 2012-0006-DWQ). liverables: • Permits as required City of Santa Ana retained consultants to conduct the topographic survey and provide design engineering ices. As of July 2020, the consultant delivered 95% plans and the final Water Quality Management Plan. City will contract a subconsultant to review landscaping plans and design public education brochures and pretive signage. • Basis of Design Report • Final Water Quality Management Plan (WQMP) • 100% Design Plans and Specifications and submit a Project Monitoring Plan per Paragraph 16 for DWR's review and approval. • Project Monitoring Plan udget Category (d): Construction/Implementation task must comply with the Standard Condition DA 1 — Competitive Bidding and Procurements. Activities ssary (as applicable) to secure a contractor and award the contract, including: develop bid documents, are advertisement and contract documents for construction contract bidding, conduct pre -bid meeting, bid ing and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed. ionally, because this project is larger than $250,000, it is subject to the City of Santa Ana's Community :force Agreement (CWA). A CWA meeting will be held prior to the start of construction to ensure the actor adheres to the CWA requirements. • Bid Documents • Proof of Advertisement • Award of Contract • Notice to Proceed DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant greemen o. 46 0 3842 Page 33 of 71 This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project. Construction observer duties include documenting of pre -construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR. Deliverables: • DWR Certificate of Project Completion • Record Drawings Construction activities are outlined below 11(a): Mobilization will include preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site. Mobilization shall additionally include the establishment of any temporary facilities, utilities, construction fencing and barricades, and the provision and installation of construction signage. 11(b): Site preparation will include clearing and grubbing, unclassified excavation, removing and disposing of existing concrete, trees, chain -link fencing, and walls, implementing stormwater BMPs in accordance with the approved Stormwater Pollution Prevention Plan (SWPPP), and rough grading. 11(c): Site development will include construction of the 1,600-square-foot bioretention basin including excavation, backfill with gravel and engineered soil, and the installation of mulch and landscaping; and construction of the Stormchamber system, including the pre-treatment forebay, excavation, backfill with gravel, installation of the Stormchamber system, and maintenance cleanout, inlet pipe connection and compaction. Site development also will include construction of the concrete perimeter wall, drinking water fountains, paving, hardscape, and pathways; and installing waste receptacles, utilities, site drainage, and lighting. Off -site improvements will include the construction of a cross -gutter, parkway culverts, new curb and gutter, sidewalk, and paving. Landscaping/signage will include soil preparation and weed abatement, fine grading, planting, and installation of cobblestone, boulders, the irrigation system, project acknowledgment signage, interpretive signage, and site furnishings. • Photographic Documentation of Progress DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 Icuarip Grant greemen o. 4600013842 Page 34 of 71 PROJECTS: Replenish Big Bear IMPLEMENTING AGENCY: Big Bear Area Regional Wastewater Agency (BBARWA) PROJECT DESCRIPTION: Replenish Big Bear (project) includes planning, design, and construction of advanced treatment upgrades at the BBARWA wastewater treatment plant (WWTP), approximately 7 miles of pipeline for product water, and a new pump station in Bear Valley. The upgraded WWTP serves the disadvantaged community of Big Bear. The project will add approximately 1,870 AFY of water to Stanfield Marsh Wildlife and Waterfowl Preserve, providing a consistent water source to sustain habitat and increase educational opportunities for the community and visitors. Budget Category (a): Project Administration Task 1: Proiect Management Manage contract with Grantee including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with the Grantee. Prepare invoices including relevant supporting documentation for submittal to DWR via Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors. Deliverables: • Invoices and associated backup documentation Task 2: Reporting Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR via Grantee. Prepare Project Completion Report and submit to DWR, via Grantee, no later than 90 days after project completion for DWR Project Manager's comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F. Deliverables: • Quarterly Project Progress Reports • Project Completion Report • Documentation (e.g., photo) of "Acknowledgment of Credit & Signage" per Standard Condition D.2 Budget Category (b): Land Purchase/Easement Task 3: Land Purchase — Not Applicable Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies Project feasibility studies were completed as part of the project development process. The feasibility studies identify the selected project, the need for the project, alternatives analysis, environmental analysis, permitting requirements, financial capabilities, and outstanding research needs. Deliverables: 0 Relevant Feasibility Studies DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant greemen o. 4600013842 Page 35 of 71 Task 5: CEQA Documentation Complete environmental review pursuant to CEQA and NEPA. Prepare letter stating no legal challenges (or addressing legal challenges). Deliverables: All completed CEQA documents as required All completed NEPA documents as required Legal Challenges Letter Task 6: Permitting BBARWA will be responsible for acquiring permits needed to implement Replenish Big Bear. The project has two major components: the pipeline to Stanfield Marsh and the BBARWA WWTP advanced treatment upgrades. The following permits are anticipated for the project: Type of Permit Permitting Agency NPDES (discharge to Stanfield Marsh/Big Bear Lake) Santa Ana Regional Water Quality Control Board Waste Discharge Requirement (modification for changes in operation for brine disposal in the Lucerne Valley) Colorado River Basin Regional Board Recycled Water Use Statewide General Permit State Water Resources Control Board General Construction Permit State Water Resources Control Board Encroachment Permit Caltrans Encroachment Permit City of Big Bear Lake and/or San Bernardino County Grading Permit San Bernardino County Authority to Construct and Permit to Operate the WWTP Upgrades South Coast Air Quality Management District (AQMD) Clean Water Act Section 404 Permit U.S. Army Corps of Engineers Lake and Streambed Alteration Agreement California Department of Fish and Wildlife 401 Water Quality Certification Regional Water Quality Control Board, Santa Ana Region Possible State or Federal Incidental Take Permit US and California Department of Fish and Wildlife Deliverables: • Permits as required Task 7: Design Preliminary Design includes infiltration testing and water quality analysis, WWTP site planning and condition assessment, wastewater characterization, capacity analysis, recycled water supply and demand analysis and criteria development, distribution infrastructure, reverse osmosis concentrate management strategy, treatment DocuSign Envelope ID: 7DOD574C-BiE5-4A94-98CC-C2Bi6DDD7DC6 EXHIBIT 5 GrantAgreemenWo.4600013842 Page 36 of 71 process screening and alternative analysis, WWTP mass balance model, flood level assessment of Stanfielc Marsh and Big Bear Lake, and implementation plan. The Preliminary Design also includes supporting work: geotechnical investigation, topographic surrey, and a Facilities Plan. The Facilities Plan will provide the overall project concept for use in the development of final design, plans, specifications, and an updated project cost estimate. A Pilot Plant will be built to test the efficiencies of different treatment technologies with the BBARWA WWTP's conditions. Using this data, recommendations for the full-scale upgrades can be made. The 100% design specs will be included with the bid documents. Deliverables: • Geotechnical Report • Topographical Survey • Facilities Plan • Pilot Test Plan • Pilot Test Results Report Task 8: Proiect Monitoring Plan Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR's review and approval. Deliverables: • Project Monitoring Plan Budget Category (d): Construction/Implementation Task 9: Contract Services This task must comply with the Standard Condition D.11 — Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre -bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed. Deliverables: • Bid Documents • Proof of Advertisement • Award of Contract • Notice to Proceed Task 10: Construction Administration This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project. Construction observer duties include documenting of pre -construction conditions, construction log, preparing change orders, addressing questions of contractors on site, reviewing/updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR. Deliverables: • DWR Certificate of Project Completion • Record Drawings DocuSign Envelope ID: 7DOD574C-B1 E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant Agreement No. 4600013842 Page 37 of 71 Task 11: Construction Construction activities are outlined below. 11(a): General mobilization and demobilization for all components of the project. 11(b): Site preparation will include general safety measures, nuisance control, site containment, and traffic control. 11(c): Construction will include approximately 7 miles of pipeline from BBARWA WWTP to Stanfield Marsh. Construction of an approximately 2,500 gallons per minute (gpm) pumping plant (maximum capacity) to pump advance -treated water from BBARWA WWTP to Stanfield Marsh. Retrofitting/constructing WWTP upgrades (Treatment capacity to be refined during preliminary engineering: anticipate 2.2 MGD average and 3 MGD peak flow): • Retrofitting existing oxidation ditch activated sludge process for enhanced nitrogen and phosphorus removal (Biological Nutrient Removal process) • Tertiary denitrification process • Ultrafiltration • Reverse Osmosis • Ultraviolet disinfection • Improvements to facility support systems (power, instrumentation, chemical, and Supervisory control and data acquisition (SCADA)) Approximately 80 acres of evaporation ponds and 1 million gallons of reverse osmosis concentrate storage will be built. Deliverables: • Photographic Documentation of Progress DocuSign Envelope ID: 7DOD574C-B1 E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant greemen o. 4600013842 Page 38 of 71 PROJECT 9: Well 30 Wellhead Treatment Project IMPLEMENTING AGENCY: Monte Vista Water District PROJECT DESCRIPTION: The project involves constructing an ion exchange and a granular activated carbon wellhead treatment system to remove nitrates, perchlorate, and 1,2,3-trichloropropane present in the groundwater supply. The project will treat up to 4,000 gpm of groundwater and is phased to be expandable to treat up to 6,000 gpm. The project will provide a local and reliable safe drinking water source to residents in Montclair, Chino Hills, and portions of Chino and unincorporated San Bernardino County. Budget Category (a): Project Administration Task 1: Proiect Management Manage contract with Grantee including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with the Grantee. Prepare invoices including relevant supporting documentation for submittal to DWR via Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors. Deliverables: • Invoices and associated backup documentation Task 2: Reporting Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR via Grantee. Prepare Project Completion Report and submit to DWR, via Grantee, no later than 90 days after project completion for DWR Project Manager's comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F. Deliverables: • Quarterly Project Progress Reports • Project Completion Report • Documentation (e.g., photo) of "Acknowledgment of Credit & Signage" per Standard Condition D.2 Budget Category (b): Land Purchase/Easement Task 3: Land Purchase — Not Applicable. Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies Project feasibility studies were completed as part of the project development process. Specifically, both a Planning Study and a Basis of Design Report have been completed. Deliverables: • Relevant Feasibility Studies Task 5: CEQA Documentation A Notice of Determination for a Mitigated Negative Declaration was filed with the Office of Planning and Research in September of 2019. Prepare letter stating no legal challenges (or addressing legal challenges). DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant Agreement No. 4600013842 Page 39 of 71 Deliverables: • All completed CEQA documents as required • Legal Challenges Letter Task 6: Permitting The following permits are anticipated for this project. The permits to start the construction have already been acquired. Permit Permitting Entity National Pollutant Discharge Elimination State Water Resources Control Board, Division of Drinking Water System General Construction Permit Operating Permit Amendments - DDW State Water Resources Control Board, Division of Drinking Water (Amendment) Trenching and Excavation Permit California Occupational Safety and Health Administration Building Permit Grading Permit City of Montclair City of Montclair Water Quality Management Plan City of Montclair Encroachment Permit City of Ontario Montclair Plan Review Application Montclair Fire Department Montclair Fire District Permit Montclair Fire Department Joint Industrial Wastewater Discharge Permit Inland Empire Utilities Agency Deliverables: • Permits as required Task 7: Design Complete preliminary design includes the following supporting work: geotechnical investigation, topographic survey, and basis of design report (BOD). The BOD will provide the overall project concept for use in development of final design, plans, and specifications, including preliminary earthwork calculations, preliminary design details for tank foundation, preliminary design details for and 100% (Final) design, plans, and specifications. Deliverables: • Geotechnical Report • Topographic Survey • Basis of Design Report • 100% Design Plans and Specifications Task 8: Project Monitoring Plan Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR's review and approval. DocuSign Envelope ID: 7DOD574C-B1 E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant Agreement No. 4600013842 Page 40 of 71 Deliverables: • Project Monitoring Plan Budget Category (d): Construction/Implementation Task 9: Contract Services This task must comply with the Standard Condition D.11 — Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre -bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed. Deliverables: • Bid Documents • Proof of Advertisement • Award of Contract • Notice to Proceed Task 10: Construction Administration This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project. Construction observer duties include documenting of pre -construction conditions, construction diary, preparing change orders, addressing questions of contractors on site, reviewing/updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR. Deliverables: • DWR Certificate of Project Completion • Record Drawings Task 11: Construction 11 (a): Mobilization and Demobilization shall include preparatory and clean up operations including, but not limited to, those necessary for the movement of personnel, equipment, materials and incidentals to and from the project site, securing a temporary construction yard, providing a temporary field office facility, dust control and maintaining the site in a safe and orderly manner during construction. This item also includes the costs incurred for securing bonds, insurance, financing, permits and licenses. The work under this item shall also include final project close-out and cleanup operations, including, but not limited to, the work necessary for the removal of equipment, supplies, incidentals and debris, cleaning the site of all soils and construction debris, correction of minor deficiencies in the work and for all other work required by the City. 11 (b): Construct approximately twelve (12) granular activated carbon (GAC) vessels (approximately 10-foot diameter and 20-feet high), approximately four (4) ion exchange treatment vessels (12-foot diameter and off sufficient height to accommodate 378 cubic feet of resin expanding up to 25%), sodium hypochlorite prefabricated metal chemical building, brine maker system, an approximately 50,000 gallon water recovery storage tank and water recovery pump, yard piping, piping between well sites (approximately 4,700 linear feet), brine discharge pipeline, electrical upgrades, and instrumentation and control integration as identified on the plans and within the project specifications. DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant Agreement No. 4600013842 Page 41 of 71 The transmission mains will be disinfected and bacteriologically tested pursuant to American Water Works Association standard C-651 (latest version). Water quality sampling requirements at the newly constructed water treatment facility have not been determined yet but will be pursuant to permit requirements as identified by the State Water Resources Control Board, Division of Drinking Water (DDW). Deliverables: • Photographic Documentation of Progress DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant Agreement No. 4600013842 Page 42 of 71 PLACEHOLDER PROJECT As per Paragraph 5 of this Agreement, the following project is included in the Agreement as a placeholder project. Placeholder project is not eligible for grant reimbursement and may not submit invoices to DWR until such time as they are fully included in the Agreement as per Paragraph 5) A.U. PROJECT 10: Evans Lake Tributary Restoration and Camp Evans Wilderness Park IMPLEMENTING AGENCY: San Bernardino Valley Municipal Water District PROJECT DESCRIPTION: The project includes the planning and installation of native habitat on a degraded open space site in the City of Riverside. Tasks include non-native tree and palm removal (approximately 254 trees) and native revegetation of approximately 100 acres within the 115-acre site. The project includes restoration of Evans Creek, which is a distributary of Evans Lake to the Santa Ana River. Approximately 7,000 linear feet of channels will be enhanced in total, including the main channel, a spillway channel, and a secondary channel within the native habitat area. The main channel will be extended approximately 500 feet to reconnect with the Santa Ana River. An educational interpretive trail will be built that travels through the restoration area and the entire site with focused overlooks and educational signage providing information such as native plant names, species' habitat requirements, and ecological areas of special interest. DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant Agreement No.4600013842 Page 43 of 71 EXHIBIT B BUDGET PROPOSITION 1 ROUND 1 SANTA ANA IRWM IMPLEMENTATION GRANT AGREEMENT BUDGET SUMMARY Grant Amount Required Cost Share: Other Cost Total Cost Percent Cost Non -State Share Share Fund Source Grant Administration $1,157,000 N/A $0 $1,157,000 N/A PROJECTS Enhancements to Watershed -Wide 1 Water Budget Decision Support $500,000 $864,354 $364,354 $1,728,708 50% Tool 2 Santa Ana Mountains Watershed $497,998 $0 $732,144 $1,230,142 0% Protection Project 3 Groundwater Replenishment $3,589,553 $10,000,000 $2,694,545 $16,284,098 61% System Final Expansion 4 Joint IEUA-JCSD Regional Water $2,617,970 $16,555,000 $13,937,030 $33,110,000 50% Recycling Program Physical Harvesting of Algal 5 Biomass in Lake Elsinore — Pilot $297,000 $0 $0 $297,000 0% Program 6 Regional Comprehensive $2,767,344 $2,787,218 $0 $5,554,562 50% Landscape Rebate Program 7 Raitt & Myrtle Park $1,670,000 $0 $246,500 $1,916,500 0% 8 Replenish Big Bear $4,563,338 $0 $36,853,662 $41,417,000 0% 9 Well 30 Wellhead Treatment $3,431,225 $9,980,024 $3,400,000 $16,811,249 59% 10 Evans Lake Tributary Restoration $2,000,000 $3,017,736 $1,017,735 $6,035,471 50% and Camp Evans Wilderness Park GRAND TOTAL $23,091,428 $43,204,332 $59,245,970 $125,541,730 DocuSign Envelope ID: 7DO0574C-B1 E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant Agreement No. 4600013842 Page 44 of 71 Grant Administration Implementing Agency: Santa Ana Watershed Project Authority Required BUDGETCATEGORY GrantAmount Cost Share: Other Cost Share Total Cost Non -State Fund Source (a) Project Administration $1,157,000 N/A $0 $1,157,000 TOTAL COSTS $1,157,000 N/A $0 $1,157,000 PROJECT 1: Enhancements to Watershed -Wide Water Budget Decision Support Tool Implementing Agency: Santa Ana Watershed Project Authority Project directly serves a need of a Disadvantaged Community: No Required BUDGET CATEGORY Grant Amount Cost Share: Other Cost Total Cost Non -State Share** Fund Source* (a) Project Administration $257,107 $0 $0 $257,107 (b) Land Purchase / Easement $0 $0 $0 $0 (c) Planning / Design / Engineering / Environmental Documentation $0 $0 $0 $0 (d) Construction / Implementation $242,893 $864,354 $364,354 $1,471,601 TOTAL COSTS $500,000 $864,354 $364,354 $1,728,708 NOTES: Eligible costs for each Budget Category will only be approved for reimbursement and Cost Share for the work completed within the date ranges listed in Exhibit C. *Cost Share funds will be provided by project partners and are secured. Project partners include the Santa Ana Watershed Project Authority member agencies: Eastern Municipal Water District, Inland Empire Utilities Agency, Orange County Water District, San Bernardino Valley Municipal Water District and Western Municipal Water District. In addition to the Santa Ana Watershed Project Authority member agencies, the Municipal Water District of Orange County will also be providing cost share funds. The U.S. Bureau of Reclamation's (Reclamation) Basin Study Program will provide $597,500 in Cost Share. **Other Cost Share for this project comes from member agency contributions. DocuSign Envelope ID: 7DOD574C-B1 E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant Agreement No. 4600013842 Page 45 of 71 PROJECT 2: Santa Ana Mountains Watershed Protection Project Implementing Agency: Cleveland National Forest Project directly serves a need of a Disadvantaged Community: No Required BUDGET CATEGORY Grant Amount Cost Share: Other Cost Total Cost Non -State Share* Fund Source (a) Project Administration $0 $0 $32,710 $32,710 (b) Land Purchase / Easement $0 $0 $0 $0 (c) Planning / Design / Engineering / Environmental Documentation $0 $0 $18,960 $18,960 (d) Construction / Implementation $497,998 $0 $680,474 $1,178,472 TOTAL COSTS $497,998 1 $0 $732,144 $1,230,142 NOTES: Eligible costs for each Budget Category will only be approved for reimbursement and Cost Share for the work completed within the date ranges listed in Exhibit C. *Other Cost Share for this project comes from congressionally appropriated dollars for management and administration of National Forest System lands for the specific purpose of reducing hazardous fuels. PROJECT 3: Groundwater Replenishment System Final Expansion Implementing Agency: Orange County Water District (OCWD) Project directly serves a need of a Disadvantaged Community: No Required BUDGET CATEGORY Grant Amount Cost Share: Other Cost Total Cost Non -State Share** Fund Source* (a) Project Administration $0 $0 $404,545 $404,545 (b) Land Purchase / Easement $0 $0 $0 $0 (c) Planning / Design / Engineering / Environmental Documentation $0 $0 $1,900,000 $1,900,000 (d) Construction/Implementation $3,589,553 $10.000,000 $390,000 $1,471,601 TOTAL COSTS 1 $3,589,553 1 $10,000,000 1 $2,694,545 $16,284,098 NOTES: Eligible costs for each Budget Category will only be approved for reimbursement and Cost Share for the work completed within the date ranges listed in Exhibit C. *OCWD utilizes $10,000,000 cash on hand as the required Cost Share for this project ** Other Cost Share for this project is from a Clean Water SRF loan (SWRCB) and a Water Infrastructure Finance and Innovation Act Loan (US EPA). DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant Agreement No. 4600013842 Page 46 of 71 PROJECT 4: Joint IEUA-JCSD Regional Water Recycling Implementing Agency: Inland Empire Utilities Agency (IEUA) Project directly serves a need of a Disadvantaged Community: No Required BUDGETCATEGORY Grant Amount Cost Share: Other Cost Total Cost Non -State Share** Fund Source* (a) Project Administration $0 $0 $811,400 $811,400 (b) Land Purchase / Easement $0 $0 $0 $0 (c) Planning / Design / Engineering / $0 $0 $2,758,800 $2,758,800 Environmental Documentation E (d) Construction / Implementation $2,617,970 $16,555,000 $10,366,830 $29,539,800 TOTAL COSTS 1 $2,617,970 $16,555,000 1 $13,937,030 1 $33,110,000 NOTES: Eligible costs for each Budget Category will only be approved for reimbursement and Cost Share for the work completed within the date ranges listed in Exhibit C. * Required Cost Share for this project will be paid from IEUA's operating budget. ** Other Cost share for this project comes from IEUA's capital budget. PROJECT 5: Physical Harvesting of Algal Biomass in Lake Elsinore — Pilot Program Implementing Agency: City of Lake Elsinore Project directly serves a need of a Disadvantaged Community: No Required BUDGET CATEGORY Grant Amount Cost Share: Non -State Other Cost Share Total Cost Fund Source (a) Project Administration $14,850 $0 $0 $14,850 (b) Land Purchase / Easement $0 $0 $0 $0 (c) Planning / Design / Engineering / $12,860 $0 $0 $12,860 Environmental Documentation (d) Construction / Implementation $269,290 $0 $0 $269,290 TOTAL COSTS $297,000 $0 $0 $297,000 NOTES: Eligible costs for each Budget Category will only be approved for reimbursement and Cost Share for the work completed within the date ranges listed in Exhibit C. DocuSign Envelope ID: 71DOD574C-B1E5-4A94-96CC-C2B16DDD7DC6 EXHIBIT 5 Grant Agreement No. 4600013842 Page 47 of 71 PROJECT 6: Regional Comprehensive Landscape Rebate Program Implementing Agency: Municipal Water District of Orange County (MWDOC) Project directly serves a need of a Disadvantaged Community: No Required BUDGET CATEGORY Grant Amount Cost Share: Non -State Other Cost Share Total Cost Fund Source* (a) Project Administration $138,368 $158,242 $0 $296,610 (b) Land Purchase / Easement $0 $0 $0 $0 (c) Planning / Design / Engineering / Environmental Documentation $0 $0 $0 $0 (d) Construction / Implementation $2,628,976 $2,628,976 $0 $5,257,952 TOTAL COSTS $2,767,344 $2,787,218 $0 $5,554,662 NOTES: Eligible costs for each Budget Category will only be approved for reimbursement and Cost Share for the work completed within the date ranges listed in Exhibit C. Required Cost Share will be provided by MWDOC, the project partners, and Metropolitan Water District of Southern California. PROJECT 7: Raiff and Myrtle Park Implementing Agency: City of Santa Ana Project directly serves a need of a Disadvantaged Community: No Required BUDGET CATEGORY Grant Amount Cost Share: Other Cost Total Cost Non -State Share` Fund Source (a) Project Administration $25,000 $0 $0 $25,000 (b) Land Purchase / Easement $0 $0 $0 $0 (c) Planning / Design / Engineering / $20,000 $0 $246,500 $266,500 Environmental Documentation (d) Construction / Implementation $1,625,000 $0 $0 $1,625,000 TOTAL COSTS $1,670,000 $0 $246,500 $1,916,500 NOTES: Eligible costs for each Budget Category will only be approved for reimbursement and Cost Share for the work completed within the date ranges listed in Exhibit C. *$180,000 of the Designriopographic Survey (Task 6) funding source is Community Development Block Grant (CDBG) funding. CEQA Documentation (Task 4) costs will be reimbursed to the City by Rancho Santiago Community College District. All other cost share funds are City of Santa Ana funds. DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant Agreement No. 4600013842 Page 48 of 71 PROJECT 8: Replenish Big Bear Implementing Agency: Big Bear Area Regional Water Authority Project directly serves a need of a Disadvantaged Community: Yes Required BUDGET CATEGORY Grant Amount Cost Share: Other Cost Total Cost Non -State Share — Fund Source* (a) Project Administration $225,000 $0 $1,370,000 $1,595.000 (b) Land Purchase / Easement $0 $0 $0 $0 (c) Planning / Design / Engineering / Environmental Documentation $4,018,000 $0 $724,000 $4,742,000 (d) Construction / Implementation $320,338 $0 $34,759,662 $35,080,000 TOTAL COSTS $4,563,338 $0 $36,853,662 $41,417,000 NOTES: Eligible costs for each Budget Category will only be approved for reimbursement and Cost Share for the work completed within the date ranges listed in Exhibit C. * This project received a 100% cost share waiver due to the DAC benefit. **A combination of state and federal grants, low interest loans, bond financing, and stakeholder cost sharing contributions are being considered and pursued. The project received $500,000 from the IRWM DACI Program which is being applied to Task 4 — Permitting. PROJECT 9: Well 30 Wellhead Treatment Project Implementing Agency: Monte Vista Water District Project directly serves a need of a Disadvantaged Community: No Required BUDGET CATEGORY Grant Amount Cost Share: Other Cost Total Cost Non -State Share** Fund Source* (a) Project Administration $0 $343,034 $86,966 $430,000 (b) Land Purchase / Easement $0 $0 $0 $0 (c) Planning / Design / Engineering / Environmental Documentation $0 $618,836 $156,885 $775,721 (d) Construction / Implementation $3,431,225 $9,018,154 $3,156,149 $15,605,528 TOTAL COSTS $3,431,225 $9,980,024 $3,400,000 $16,811,249 NOTES: Eligible costs for each Budget Category will only be approved for reimbursement and Cost Share for the work completed within the date ranges listed in Exhibit C. * Required Cost Share is provided by the City of Chino Hills. **Other Cost Share is provided by the City of Chino Hills. Under water supply agreement between the Monte Vista Water District and City, the City pays capacity maintenance charge to the Monte Vista Water District. DocuSign Envelope ID: 7DOD574C-B1 E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant Agreement No. 4600013842 Page 49 of 71 PLACEHOLDER PROJECT(s) This project is included in the Agreement as a placeholder project. A detailed Budget will not be included in the Agreement until the project is fully incorporated into the Agreement as per Paragraph 5) A.ii. PROJECT 10: Evans Lake Tributary Restoration and Camp Evans Wilderness Park Implementing Agency: San Bernardino Valley Municipal Water District DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant Agreement No. 4600013842 Page 50 of 71 EXHIBIT C SCHEDULE PROPOSITION 1 ROUND 1 SANTA ANA IRWM IMPLEMENTATION GRANT Grant Administration BUDGET CATEGORY Start Date End Date a Project Administration 06/03/2020 12/31/2025 Project 1: Enhancements to Watershed -Wide Water Budget Decision Support Tool BUDGET CATEGORY Start Date End Date a Project Administration 01/01/2020 03/31/2024 b Land Purchase/Easement N/A N/A c Planning/Design/Engineering/Environmental Documentation N/A N/A d Construction/Implementation 01/01/2020 12/31/2023 Project 2: Santa Ana Mountains Watershed Protection Project BUDGET CATEGORY Start Date End Date a Project Administration 06/02/2020 01/31/2025 b Land Purchase/Easement N/A N/A c Planning/Design/Engineering/Environmental Documentation* 01/01/2009 10/15/2024 d Implementation 11/15/2020 10/15/2024 Category c and d overlap due to the annual smoke plans that must be completed each fall. Project 3: Groundwater Replenishment System Final Expansion (GWRS Final Expansion) BUDGET CATEGORY Start Date End Date a Project Administration 01/01/2015 12/01/2023 b Land Purchase/Easement N/A N/A c Planning/Design/Engineering/Environmental Documentation* 01/01/2015 06/30/2020 d Construction/Implementation 12/01/2018 06/01/2023 *Category c and d overlap due to the large scale of the overall project and contract administration DocuSign Envelope ID: 7DOD574C-B1E5-4A94-96CC-C2B16DDD7DC6 EXHIBIT 5 urant Agreemento. 4600013842 Page 51 of 71 Project 4: Joint IEUAJCSD Regional Water Recycling Program BUDGET CATEGORY Start Date End Date a Project Administration 04/01/2020 12/31/2022 b Land Purchase/Easement N/A N/A c Planning/ Design/Engineering/Environmental Documentation* 07/31/2015 03/31/2021 d Construction/Implementation 01/13/2021 09/30/2022 *Category c and d overlap due to Post Performance Monitoring Plan. Project 5: Physical Harvesting of Algal Biomass in Lake Elsinore — Pilot Study BUDGET CATEGORY Start Date I End Date a Project Administration 07/01/2020 08/30/2023 b Land Purchase / Easement N/A N/A c Planning/ Design / Engineering / Environmental Documentation* 07/01/2020 05/15/2021 d Construction/ Implementation 07/01/2020 04/30/2023 *Category c and d overlap due to Post Performance Monitoring Plan. Project 6: Regional Comprehensive Landscape Rebate Program BUDGET CATEGORY Start Date End Date a Project Administration 06/02/2020 09/30/2024 b Land Purchase/Easement N/A N/A c Planning/Design/Engineering/Environmental Documentation* 08/01/2020 4/30/2021 d Construction/Implementation 06/02/2020 06/01/2024 *Category c and d overlap due to Post Performance Monitoring Plan Project 7: Raitt and Myrtle Park BUDGET CATEGORY Start Date End Date a Project Administration 07/01/2020 10/01/2022 b Land Purchase/Easement N/A N/A c Planning/Design/Engineering/Environmental Documentation* 12/01/2018 12/31/2021 d Construction/Implementation 05/01/2021 07/01/2022 *Category c and d overlap due to the landscaping plans and public outreach portions of Category c. DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Urant Agreemento. 4600013842 Page 52 of 71 Project 8: Replenish Big Bear BUDGET CATEGORY Start Date End Date a Project Administration 06/28/2018 09/30/2025 b Land Purchase/Easement N/A N/A c Planning/Design/Engineering/ Environmental Documentation 06/28/2018 12/31/2024 d Construction/Implementation 01/01/2023 06/30/2025 Project 9: Well 30 Wellhead Treatment Plant BUDGET CATEGORY Start Date End Date a Project Administration 11/20/2018 11/30/2021 b Land Purchase/Easement N/A N/A c Planning/Design/Engineering/Environmental Documentation 11/20/2018 08/31/2020 d Construction/Implementation 08/31/2020 08/31/2021 PLACEHOLDER PROJECT This project is included in the Agreement as a placeholder project. Detail Schedule will not be included in the Agreement until the project is fully incorporated into the Agreement as per Paragraph 5) A.ii. PROJECT 10: Evans Lake Tributary Restoration and Camp Evans Wilderness Park Implementing Agency: San Bernardino Valley Municipal Water District DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant greemen o. 4600013842 Page 53 of 71 EXHIBIT D STANDARD CONDITIONS D.I. ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT: A. Separate Accounting of Funding Disbursements: Grantee shall account for the money disbursed pursuant to this Grant agreement separately from all other Grantee funds. Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts and disbursements on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times. B. Disposition of Money Disbursed: All money disbursed pursuant to this Grant agreement shall be deposited in a non -interest bearing account, administered, and accounted for pursuant to the provisions of applicable law. C. Remittance of Unexpended Funds: Grantee shall remit to State any unexpended funds that were disbursed to Grantee under this Grant agreement and were not used to pay Eligible Project Costs within a period of sixty (60) calendar days from the final disbursement from State to Grantee of funds or, within thirty (30) calendar days of the expiration of the Grant agreement, whichever comes first. D.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Grantee shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Grant agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Grantee's headquarters and shall include the Department of Water Resources color logo and the following disclosure statement: "Funding for this project has been provided in full or in part from the Water Quality, Supply, and Infrastructure Improvement Act of 2014 and through an agreement with the State Department of Water Resources." The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph. D.3. AMENDMENT: This Grant agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law. Requests by the Grantee for amendments must be in writing stating the amendment request and the reason for the request. Requests solely for a time extension must be submitted at least 90 days prior to the work completion date set forth in Paragraph 2. Any other request for an amendment must be submitted at least 180 days prior to the work completion date set forth in Paragraph 2. State shall have no obligation to agree to an amendment. DA. AMERICANS WITH DISABILITIES ACT: By signing this Grant agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. D.5. AUDITS: State reserves the right to conduct an audit at any time between the execution of this Grant agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Grantee to conduct a final audit to State's specifications, at Grantee's expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant agreement, and State may elect to pursue any remedies provided in Paragraph 12 or take any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State. DocuSign Envelope ID: 7DOD574C-B1 E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant greemen o. 4600013842 Page 54 of 71 Pursuant to Government Code section 8546.7, the Grantee shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Grant agreement with respect of all matters connected with this Grant agreement, including but not limited to, the cost of administering this Grant agreement. All records of Grantee or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement. If an audit reveals any impropriety, the Bureau of State Audits or the State Controller's Office may conduct a full audit of any or all of the Grantee's activities. (Water Code, § 79708, subd. (b)•) D.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Grant agreement does not appropriate sufficient funds for this program, this Grant agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Grant agreement. In this event, State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Grant agreement and Grantee shall not be obligated to perform any provisions of this Grant agreement. Nothing in this Grant agreement shall be construed to provide Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Grant agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Grant agreement with no liability occurring to State, or offer a Grant agreement amendment to Grantee to reflect the reduced amount. D.7. CALIFORNIA CONSERVATION CORPS: Grantee may use the services of the California Conservation Corps or other community conservation corps as defined in Public Resources Code section 14507.5. D.8. CEQA: Activities funded under this Grant agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Any work that is subject to CEQA and funded under this Agreement shall not proceed until documents that satisfy the CEQA process are received by the State's Project Manager and the State has completed its CEQA compliance. Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the Department of Water Resources. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. If CEQA compliance by the Grantee is not complete at the time the State signs this Agreement, once State has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project; or to not fund the Project. Should the State decide to not fund the Project, this Agreement shall be terminated in accordance with Paragraph 12, "Default Provisions." D.9. CHILD SUPPORT COMPLIANCE ACT: The Grantee acknowledges in accordance with Public Contract Code section 7110, that: A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. D.10. CLAIMS DISPUTE: Any claim that the Grantee may have regarding performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Grantee's knowledge of the claim. State and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution. DocuSlgn Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Urant Agreemento. 4600013842 Page 55 of 71 D.11. COMPETITIVE BIDDING AND PROCUREMENTS: Grantee's contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State under this Grant agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Grantee does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services' State Contracting Manual rules must be followed and are available at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/State-Contracting. D.12. COMPUTER SOFTWARE: Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Grant agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws. D.13. CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411, for State conflict of interest requirements. A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services. B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision -making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy -making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.) D. Employees and Consultants to the Grantee: Individuals working on behalf of a Grantee may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes. D.14. DELIVERY OF INFORMATION, REPORTS, AND DATA: Grantee agrees to expeditiously provide throughout the term of this Grant agreement, such reports, data, information, and certifications as may be reasonably required by State. D.15. DISPOSITION OF EQUIPMENT: Grantee shall provide to State, not less than thirty (30) calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within sixty (60) calendar days of receipt of such inventory State shall provide Grantee with a list of the items on the inventory that State will take title to. All other items shall become the property of Grantee. State shall arrange for delivery from Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by State. D.16. DRUG -FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Grant agreement, Grantee, its contractors or subcontractors hereby certify, under penalty of perjury under DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Urant Agreemento. 4600013842 Page 56 of 71 the laws of State of California, compliance with the requirements of the Drug -Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug -free workplace by taking the following actions: A. Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section 8355. B. Establish a Drug -Free Awareness Program, as required by Government Code section 8355 to inform employees, contractors, or subcontractors about all of the following: i. The dangers of drug abuse in the workplace, ii. Grantee's policy of maintaining a drug -free workplace, iii. Any available counseling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations. C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who works under this Grant agreement: i. Will receive a copy of Grantee's drug -free policy statement, and ii. Will agree to abide by terms of Grantee's condition of employment, contractor subcontract. D.17. EASEMENTS: Where the Grantee acquires property in fee title or funds improvements to real property already owned in fee by the Grantee using State funds provided through this Grant agreement, an appropriate easement or other title restriction providing for floodplain preservation and agricultural and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State. The easement or other title restriction must be in first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State. Where the Grantee acquires an easement under this Agreement, the Grantee agrees to monitor and enforce the terms of the easement, unless the easement is subsequently transferred to another land management or conservation organization or entity with State permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner. Failure to provide an easement acceptable to the State may result in termination of this Agreement. D.18. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED PROFESSIONAL: Upon completion of the Project, Grantee shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Grant agreement. D.19. GRANTEE'S RESPONSIBILITIES: Grantee and its representatives shall: A. Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A and in accordance with Exhibits B and C. B. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Grant agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in support of its request for funding. C. Comply with all applicable California, federal, and local laws and regulations. D. Implement the Project in accordance with applicable provisions of the law. E. Fulfill its obligations under the Grant agreement and be responsible for the performance of the Project. F. Obtain any and all permits, licenses, and approvals required for performing any work under this Grant agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. Grantee shall provide copies of permits and approvals to State. DocuSign Envelope ID: 7DOD574C-B1 E5-4A94-96CC-C2B16DDD7DC6 EXHIBIT 5 Grant Agreement No. 4600013842 Page 57 of 71 G. Be solely responsible for design, construction, and operation and maintenance of projects within the work plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Agreement. H. Be solely responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Grantee shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Grantee and any other entity concerning responsibility for performance of work. D.20. GOVERNING LAW: This Grant agreement is governed by and shall be interpreted in accordance with the laws of the State of California. D.21. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Grantee under this Agreement shall be paid by the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has been reimbursed by the State under this Agreement. The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph. D.22. INDEMNIFICATION: Grantee shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of the Project and this Agreement, including, but not limited to any claims or damages arising from planning, design, construction, maintenance and/or operation of levee rehabilitation measures for this Project and any breach of this Agreement. Grantee shall require its contractors or subcontractors to name the State, its officers, agents and employees as additional insureds on their liability insurance for activities undertaken pursuant to this Agreement. D.23. INDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantees, in the performance of the Grant agreement, shall act in an independent capacity and not as officers, employees, or agents of the State. D.24. INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Grant agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Grant agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests. D.25. INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Grant agreement. This right shall extend to any subcontracts, and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Grant agreement with State. D.26. LABOR CODE COMPLIANCE: The Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: htto://www.dir.ca.gov/ IcD.asD. For more information, please refer to DIR's Public Works Manual at: https://www.dir.ca.gov/ dlse/PWManualCombined.adf. The Grantee affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers' DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 0A:u=ire Grant Agreement o. 4600013842 Page 58 of 71 compensation or to undertake self-insurance, and the Grantee affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision. D.27. MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole discretion approve non -material changes to the portions of Exhibits A, B, and C which concern the budget and schedule without formally amending this Grant agreement. Non -material changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Grant agreement. Non -material changes with respect to the Project schedule are changes that will not extend the term of this Grant agreement. Requests for non- material changes to the budget and schedule must be submitted by the Grantee to the State in writing and are not effective unless and until specifically approved by the State's Program Manager in writing. D.28. NONDISCRIMINATION: During the performance of this Grant agreement, Grantee and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital/domestic partner status, and denial of medical and family care leave or pregnancy disability leave. Grantee and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code, § 12990.) and the applicable regulations promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing are incorporated into this Agreement by reference. Grantee and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Grant agreement. D.29. OPINIONS AND DETERMINATIONS: Where the terms of this Grant agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. D.30. PERFORMANCE BOND: Where contractors are used, the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California -admitted surety. (Pub. Contract Code, § 7103; Code Civ. Proc., § 995.311.) D.31. PRIORITY HIRING CONSIDERATIONS: If this Grant agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Grant agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353. D.32. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with Grantee's service of water, without prior permission of State. Grantee shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Grantee meet its obligations under this Grant agreement, without prior written permission of State. State may require that the proceeds from DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2Bi6DDD7DC6 EXHIBIT 5 Grant Agreement No. 4600013842 Page 59 of 71 the disposition of any real or personal property be remitted to State. D.33. PROJECT ACCESS: The Grantee shall ensure that the State, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement. D.34. REMAINING BALANCE: In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Grant Agreement, any remaining funds revert to the State. The State will notify the Grantee stating that the Project file is closed and any remaining balance will be disencumbered and unavailable for further use under this Grant Agreement. D.35. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Grant agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law. D.36. RETENTION: The State shall withhold ten percent (10%) of the funds, for each project, until the project is complete, and a Final Project Report is approved and accepted by DWR. If a project has multiple Components (within a project), at the State's discretion and upon a written request by the Grantee, any retained amount attributable to a single component may be released when that component is complete and the Final Component Completion Report is approved. Upon approval of the Final Project Report and/or Final Component Completion Report, any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest. D.37. RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Grant agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov. Code, § 6250 et seq.) Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Grant agreement, subject to appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the materials for any profit -making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this paragraph for any public purpose. D.38. SEVERABILITY: Should any portion of this Grant agreement be determined to be void or unenforceable, such shall be severed from the whole and the Grant agreement shall continue as modified. D.39. SUSPENSION OF PAYMENTS: This Grant agreement may be subject to suspension of payments or termination, or both if the State determines that: A. Grantee, its contractors, or subcontractors have made a false certification, or B. Grantee, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Grant agreement. D.40. SUCCESSORS AND ASSIGNS: This Grant agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Grant agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose. D.41. TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, Grantee may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must provide a reason(s) for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date. DocuSign Envelope ID: 7DOD574C-B1 E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant greemen o. 4600013842 Page 60 of 71 D.42. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 12, "Default Provisions," the State may terminate this Grant agreement and be relieved of any payments should Grantee fail to perform the requirements of this Grant agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 12, "Default Provisions." D.43. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days' advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination. D.44. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein. D.45. TIMELINESS: Time is of the essence in this Grant agreement. D.46. TRAVEL — DAC, EDA, TRIBES PROJECT: Travel is only an eligible reimbursable expense for projects providing at least 75% of benefits to DACs, EDAs, and/or Tribes (based on population or geographic area). Only ground transportation and lodging are eligible for grant reimbursement. Per diem costs will not be eligible for grant reimbursement. Any reimbursement for necessary travel shall be at rates not to exceed those set by the California Department of Human Resources. These rates may be found at: httl)://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred. No travel outside of the IRWM region shall be reimbursed unless prior written authorization is obtained from the State. D.47. UNION ORGANIZING: Grantee, by signing this Grant agreement, hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Grant agreement. Furthermore, Grantee, by signing this Grant agreement, hereby certifies that: A. No State funds disbursed by this Grant agreement will be used to assist, promote, or deter union organizing. B. Grantee shall account for State funds disbursed for a specific expenditure by this Grant agreement to show those funds were allocated to that expenditure. C. Grantee shall, where State funds are not designated as described in (b) above, allocate, on a pro rata basis, all disbursements that support the program. D. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee will maintain records sufficient to show that no State funds were used for those expenditures and that Grantee shall provide those records to the Attorney General upon request. D.48. VENUE: The State and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement. D.49. WAIVER OF RIGHTS: None of the provisions of this Grant agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Grant agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Grant agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect. DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant Agreement No. 4600013642 Page 61 of 71 EXHIBIT E AUTHORIZING RESOLUTION RESOLUTION NO.21119.1 A RESOLUTION OF THE COMMISSION OF THE SANTA ANA WATERSHED PROJECT AUTHORITY AUTHORIZING THE GENERAL MANAGER, OR DESIGNEE, TO SUBMIT A PROPOSAL AND EXECUTE THE NECESSARY AGREEMENTS FOR THE: PROPOSITION 1 ROUND I INTEGRATED REGIONAL WATER DIANAGEMRNE' IMPLEMENTATION GRANT WHEREAS, the Santa Ana Watershed Project Authority is the accepted Regional Water h4amgcment Group within the Santa Am Funding Area of the California Integrated Regional Water Management Program; WHEREAS, the One Water One Watershed Plan Update 2015, adopted by the Commission an February 19, 2019, has the subtitle `Moving Forward Together" which n0ects the OWOW Progmm's commitment to ensuring that in the Santa Am River Watershed no one is left behind as progress is made, and that progress somewhere in the watershed does not cause any undue burden elsewhere in the watershed; WHEREAS, SAWPA recently cenducted a collaborative and competmise procoss with all interested watershed stakeholders and OWOW pojea applications as pan of its One W atcr Onu Watershed Proposition 1 Round 1 Implementation grant solicitation to identify the nroo bemeOeial upper watershed and watershed -wide projects; WHEREAS, the One Water One Watershed pmecss drew 30 project submittals thin included projects focused on generating new source of water for the watershed, improving important aquatic habitat, removing poll omits from the region's groundwater r6aruce , improving siormwater abatement in a disadvantaged cortnunity and preventing the spread ofestastrophic wildfurs; WHEREAS, SAW -PA deferred to the Orange County parties, which include the County of Orange, Orange County War" District, and Orange County Sanitation District, identified in the recently adopted Cooperative Agreement far Integrated Regional Water Management Funding in the Santa Am Funding Aren to develop their list of Orange County projects for the Proposition 1 Round I Implementation grant sulienalion; WHEREAS, SAWPA and the (range County parries have worked together to combine the eight upper watershed and watembed-wide projects, with the three Orange County projects in order to dcvcltp a complete One Water One Watershed Proposition I Round I Implementation grant proposal to the Department of Waster Resources: NOW, THEREFORE, BE IT RESOLVED that the Commission of the Santa Am Watershed Project Authority, pursuant to Section 22030 of die California Public Contract Code. herebv resolves that: The Gcmeral Manager, or Designee, is authorized to prepare the necessary data, conduct imestigntimns, file such pmposal, and execute a grant agreement with the State of California, Department of Water Resources, and associated sub -agreements, to aceept and conduct the work of Proposition 1 Round I Integrated Regional Water Management Implementation and Grant pursuant to the Water Quality. Supply, and Infrastructure Improvement Act of 2614 (Wider Code Section 79700 et seq.) ADOPTED THIS 10day of October 2019, DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 Am Grant greemen o. Page 62 of 71 Resolutiun No- 2019-7 October 1, 2019 Page 2 SANTA ANA WATERSHED PROJECT AUTHORITY By: 61 ullivan. Ciwir MIT nrv�lli Vr �A r KellyBer,, —} 0'1" the .ard DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant greemen o. 4600013842 Page 63 of 71 EXHIBIT F REPORT FORMATS AND REQUIREMENTS The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in an alternative format. PROGRESS REPORTS Progress reports shall generally use the following format. This format may be modified as necessary to effectively communicate information. For each project, discuss the following at the task level, as organized in Exhibit A: • Percent complete (by work) • Discussion of work accomplished during the reporting period. • Milestones or deliverables completed/submitted during the reporting period. • Meetings held or attended. • Scheduling concerns and issues encountered that may delay completion of the task. • Budget projections for grant share for the next two quarters For each project, discuss the following at the oroiect level, as organized in Exhibit A: • Work anticipated for the next reporting period. • Photo documentation, as appropriate. • Any schedule or budget modifications approved by DWR during the reporting period. PROJECT COMPLETION REPORT The Project Completion Report (or a Component Completion Report, if a Project has multiple Components) shall generally use the following format provided below for each project after completion. Executive Summary The Executive Summary should include a brief summary of project information and include the following items: • Brief description of work proposed to be done in the original Grant application. • List any official amendments to this Grant Agreement, with a short description of the amendment Reports and/or Products The following items should be provided, unless already submitted as a deliverable: • A copy of any final technical report or study, produced for or utilized in this Project as described in the Exhibit A • Electronic copies of any data collected, not previously submitted • Discussion of problems that occurred during the work and how those problems were resolved • Final project schedule showing actual progress versus planned progress as shown in Exhibit C DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2Bi6DDD7DC6 EXHIBIT 5 Grant Agreement o.4600013842 Page 64 of 71 Additional information that may be applicable for implementation projects includes the following: • Record drawings • Final geodetic survey information • Project photos Cost & Disposition of Funds A list showing: • Summary of Project costs including the following items: o Accounting of the cost of project expenditure; o Include all internal and external costs not previously disclosed (i.e., additional cost share); and o A discussion of factors that positively or negatively affected the project cost and any deviation from the original Project cost estimate. Additional Information • Benefits derived from the Project, with quantification of such benefits provided. • If applicable, Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), consistent with Exhibit D, that the project was conducted in accordance with the approved Work Plan in Exhibit A and any approved amendments thereto. • Submittal schedule for the Post -Performance Report. GRANT COMPLETION REPORT The Grant Completion Report shall generally use the following format. This format may be modified as necessary to effectively communicate information on the various projects funded by this Grant Agreement, and includes the following: • Executive Summary: consisting of a maximum of ten (10) pages summarizing information for the grant as well as the individual projects. • Brief discussion of: each project completed and how they achieved IRWM Plan objectives and/or Regional goals and whether the level, type, or magnitude of benefits of the project are comparable to the original project proposal; any remaining work to be completed and mechanism for their implementation; the benefits to DAC and/or EDA as part of this Grant Agreement if a DAC or EDA Cost Share Waiver was approved for a project; and a summary of final funds disbursement for each project. Additional Information: Summary of the submittal schedule for the Post -Performance Reports applicable for the projects in this Grant Agreement. POST -PERFORMANCE REPORT The Post -Performance Report (PPR) should be concise and focus on how each project is performing compared to its expected performance; whether the project is being operated and maintained and providing intended benefits as proposed. A PPR template may be provided by the assigned DWR Grant Manager upon request. The PPR should follow the general format of the template and provide requested information as applicable. The following information, at a minimum, shall be provided: Reports and/or products • Header including the following: o Grantee Name o Implementing Agency (if different from Grantee) o Grant Agreement Number DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Urant Agreemento. 4600013842 Page 65 of 71 o Project Name o Funding grant source (i.e., 2019 Proposition 1 IRWM Implementation Grant) o Report number • Post -Performance Report schedule • Time period of the annual report (e.g., January 2018 through December 2018) • Project Description Summary • Discussion of the project benefits • An assessment of any differences between the expected versus actual project benefits as stated in the original application. Where applicable, the reporting should include quantitative metrics (e.g., new acre- feet of water produced that year, etc.). • Summary of any additional costs and/or benefits deriving from the project since its completion, if applicable. • Any additional information relevant to or generated by the continued operation of the project. DocuSign Envelope ID: 7DOD574C-B1 E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 uirant Agreemento. 4600013842 Page 66 of 71 EXHIBIT G REQUIREMENTS FOR DATA SUBMITTAL Surface and Groundwater Quality Data: Groundwater quality and ambient surface water quality monitoring data that include chemical, physical, or biological data shall be submitted to the State as described below, with a narrative description of data submittal activities included in project reports. Surface water quality monitoring data shall be prepared for submission to the California Environmental Data Exchange Network (CEDEN). The CEDEN data templates are available on the CEDEN website. Inclusion of additional data elements described on the data templates is desirable. Data ready for submission should be uploaded to your CEDEN Regional Data Center via the CEDEN website. CEDEN website: http://www.ceden.org. If a project's Work Plan contains a groundwater ambient monitoring element, groundwater quality monitoring data shall be submitted to the State for inclusion in the State Water Resources Control Board's Groundwater Ambient Monitoring and Assessment (GAMA) Program Information on the GAMA Program can be obtained at: https://www.waterboards.ca.gov/water issues/programs/gama/. If further information is required, the Grantee can contact the State Water Resources Control Board (SWRCB) GAMA Program A listing of SWRCB staff involved in the GAMA program can be found at: hfDs://www.waterboards.ca.aov/water issues/programs/aama/contact.shtml. Groundwater Level Data For each project that collects groundwater level data, the Grantee will need to submit this data to DWR's Water Data Library (WDL), with a narrative description of data submittal activities included in project reports, as described in Exhibit F, "Report Formats and Requirements." Information regarding the WDL and in what format to submit data in can be found at: http://www.water.ca.gov/waterdatalibrary/. DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant Agreement No. 4600013842 Page 67 of 71 EXHIBIT H STATE AUDIT DOCUMENT REQUIREMENTS FOR THE GRANTEE The following provides a list of documents typically required by State Auditors and general guidelines for the Grantee. List of documents pertains to both State funding and the Grantee's Local Cost Share and details the documents/records that State Auditors would need to review in the event of this Grant Agreement is audited. The Grantee should ensure that such records are maintained for each funded project. State Audit Document Requirements Internal Controls 1. Organization chart (e.g., Agency's overall organization chart and organization chart for the State funded Program/Project). 2. Written internal procedures and flowcharts for the following: a) Receipts and deposits b) Disbursements c) State reimbursement requests d) Expenditure tracking of State funds e) Guidelines, policy, and procedures on State funded Program/Project 3. Audit reports of the Agency internal control structure and/or financial statements within the last two years. 4. Prior audit reports on the State funded Program/Project. State Funding: 1. Original Grant Agreement, any amendment(s) and budget modification documents. 2. A listing of all bond -funded grants, loans, or subventions received from the State. 3. A listing of all other funding sources for each Program/Project. Contracts: 1. All subcontractor and consultant contracts and related or partners' documents, if applicable. 2. Contracts between the Agency and member agencies as related to the State funded Program/Project. Invoices: 1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Grant Agreement. 2. Documentation linking subcontractor invoices to State reimbursement, requests and related Grant Agreement budget line items. 3. Reimbursement requests submitted to the State for the Grant Agreement. Cash Documents: 1. Receipts (copies of warrants) showing payments received from the State. 2. Deposit slips (or bank statements) showing deposit of the payments received from the State. 3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the grants or loans. 4. Bank statements showing the deposit of the receipts. Accounting Records: 1. Ledgers showing entries for funding receipts and cash disbursements. 2. Ledgers showing receipts and cash disbursement entries of other funding sources. 3. Bridging documents that tie the general ledger to requests for Grant Agreement reimbursement. Administration Costs: 1. Supporting documents showing the calculation of administration costs. DocuSign Envelope ID: 7DOD574C-Bt E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant Agreement No. 4 3842 Page 68 of 71 Personnel: 1. List of all contractors and Agency staff that worked on the State funded Program/Project. 2. Payroll records including timesheets for contractor staff and the Agency personnel who provided services charged to the program Proiect Files: 1. All supporting documentation maintained in the project files. 2. All Grant Agreement related correspondence. DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant Agreement No.4600013842 Page 69 of 71 EXHIBIT I LOCAL PROJECT SPONSORS AND PROJECT LOCATIONS The Grantee has assigned, for each project, a Local Project Sponsor (LPS) according to the roles of the participating agencies identified in the IRWM Plan. LPSs may act on behalf of the Grantee for the purposes of individual project management, oversight, compliance, and operations and maintenance. LPSs are identified for each sponsored Project below: Local Project Sponsor Agency Designation Sponsored Project. Project 1: Enhancements to Watershed -Wide Water Budget Decision Support Tool Sponsor Agency. Santa Ana Watershed Project Authority (SA WPA) Agency Address: 11615 Sterling Ave, Riverside, CA 92503 Project Location: Santa Ana Funding Area (34.225278,-116.870833) Sponsored Project: Project 2: Santa Ana Mountains Watershed Protection Project Sponsor Agency. Cleveland National Forest Agency Address: 10845 Rancho Bernardo Road, Suite 200 San Diego, CA 92127 Project Location: Cleveland National Forest (33.775278,-117.571667) Sponsored Project: Project 3: Groundwater Replenishment System - Final Expansion Sponsor Agency: Orange County Water District Agency Address: 18700 Ward Street, Fountain Valley, California 92708 USA Project Location: Fountain Valley, California (33.693889,-117.945278) Sponsored Project: Project 4: Joint IEUA-JCSD Regional Water Recycling Program Sponsor Agency. Inland Empire Utilities Agency Agency Address: 6075 Kimball Ave, Chino, CA 91708 Project Location: Eastvale, California (33.971667,-117.593333) Sponsored Project: Project 5: Physical Harvesting of Algal Biomass in Lake Elsinore Sponsor Agency. City of Lake Elsinore Agency Address: 130 S Main St Lake Elsinore, CA 92530 Project Location: Lake Elsinore, California (33.775278,-117.571667) Sponsored Project: Project 6: Regional Comprehensive Landscape Rebate Program Sponsor Agency., Municipal Water District of Orange County Agency Address: 18700 Ward Street, Fountain Valley CA 92708 Project Location: Riverside, California (33.896111,-117.483056) DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT 5 Grant greement No. 4600013842 Page 70 of 71 Sponsored Project. Project 7: Raitt and Myrtle Park Sponsor Agency: City of Santa Ana Agency Address: 20 Civic Center Plaza, Santa Ana, CA 92701 Project Location: Santa Ana, California (33.741944,-117.892222) Sponsored Project. Project 8: Replenish Big Bear Sponsor Agency. Big Bear Area Regional Water Authority Agency Address: 121 Palomino Dr, Big Bear, CA 92314 Project Location: Big Bear, California (34.225278,-116.870833) Sponsored Project: Project 9: Well 30 Wellhead Treatment Project Sponsor Agency., Monte Vista Water District Agency Address: 10575 Central Ave, Montclair, CA 91763 Project Location: Montclair, California (34.053889,-117.701389) Placeholder Project Sponsored Project: Project 10: Evans Lake Tributary Restoration and Camp Evans Recreation Sponsor Agency. San Bernardino Valley Municipal Water District Agency Address: 380 E Vanderbilt Way, San Bernardino, CA 92408 Project Location: Riverside, California (33.996161,-117.380025) Glendale Pasadena Azusa 0 Covina m m West Covina Los Angeles East Los 80 Cny of Angeles r9 Industry 600 Whittier od sr ® Downey ® Compton nce 1 Long Beach Terminal Island CI") (-'0 vta Rancho San Bernardino ro- Cucamonga Fontana vSfolgo39 Blomningion so, Pomona Redlands ca &m V Chino °0 Chino Hills Q Projettiqpa Valley Riverside Brea 0p Chino Hills CD State Park Yorba Linda Fullerton Cerritos 11 Anaheim rw Garden Grr - C?? V.. PTJect7 c.r Sa.rta QPrgect B © n 0 ® Irvine ea m Noe Moreno Valley QPro ec 6 March Ai, Corona Reserve Base Lake Mathews Mcad Valley Estelle QPMAT 2 Mountain Hum Reserve Pes S,!ve,ado ra W nloernlll Huntington Beach m Lake Forest Mendee Canyon Lake Lake Elsinore Lakeland DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6 EXHIBIT J Project Monitoring Plan Guidance Introduction EXHIBIT 5 Grant Agreemento. 4600013842 Page 71 of 71 For each project contained in Exhibit A, please include a brief description of the project (maximum —150 words) including project location, implementation elements, need for the project (what problem will the project address) and responds to the requirements listed below. Project Monitoring Plan Requirements The Project Monitoring Plan shall contain responses to the following questions: • What are the anticipated project physical benefits? • What are the corresponding numeric targets for each project benefit? • How will proposed numeric targets be measured? • What are baseline conditions? • When will the targets be met (e.g., upon project completion, five years after completion)? • How often will monitoring be undertaken (e.g., monthly, yearly). • Where are monitoring point locations (e.g., meter located at..., at stream mile...)? Include relevant maps. • How will the project be maintained (e.g., irrigation, pest management, weed abatement)? • What will be the frequency and duration of maintenance proposed activities? • Are there any special environmental considerations (e.g., resource agency requirements, permit requirements, CEQA/NEPA mitigation measures)? • Who is responsible for collecting the samples (i.e., who is conducting monitoring and/or maintenance)? • How, and to whom, will monitoring results be reported (e.g., paper reports, online databases, public meetings)? • What adaptive management strategies will be employed if problems are encountered during routine monitoring or maintenance? • What is the anticipated life of the project?