HomeMy WebLinkAboutAGMT - California Rivers & Mountains Conservancy (RMC3573) AggreementNumber: RMC3573
• •
GRANT AGREEMENT
RIVERS AND MOUNTAINS CONSERVANCY (RMC)
•
State of California—The Resources Agency
TERMS AND CONDITONS OF GRANT
The Grantee shall be responsible for the performance of the work as set forth herein below and for the
preparation of products and reports as specified in this Agreement. The grantee's Project
Representative shall promptly notify the State of events or proposed changes that could affect the
Work Plan under this Agreement.
Special Provisions
I. Grantee shall complete all work in accordance with an approved Work Plan which will be
included in this Agreement as Exhibit A "Tasklist and Timeline," Exhibit B "Budget," and
Exhibit C "Monitoring and Assessment Plan."
2. If the Project includes acquisition of real property:
a. As conditions precedent to the State's obligation to deposit the Grant Amount in escrow,
the Grantee shall submit to the State an appraisal for review and approval in writing by the
Department of General Services (DGS) of all documents pertaining to the Real Property
appraisals and property transaction, and provide copies to the State. The Grantee shall be
required to establish a billing account with the Department of General Services for this
purpose.
b. A Memorandum of Unrecorded Grant Agreement, Exhibit D must be recorded by the
Grantee to provide notice of this Agreement between the Grantee and the San Gabriel and
Lower Los Angeles Rivers and Mountains conservancy.
3. If the Project includes development, landscaping and/or planting:
a. The Grantee shall include a representative of the State on the selection panel for
contracted services.
b. The Grantee shall submit a Project Development Plan, Exhibit E, in accordance with
RMC General Policies, Exhibit F, to the State for approval prior to the solicitation of a
subcontractor or awarding of a bid for services.
4. Grantee agrees to certify that the Project is consistent with local zoning.
5. Grantee agrees to consult with, and be consistent with, local or regional planning criteria
approved by agencies within the project jurisdiction, such as master plans or watershed
management plans unless such plans are inconsistent with the approved Work Plan.
6. Grantee agrees to include active stakeholder participation in the planning and monitoring and
assessment process.
7. Rights in Data: The 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 Agreement are subject to the rights of the State as set forth in this
section. The State shall have the right to reproduce, publish, and use all such work, or any
part thereof, in any manner and for any purposes whatsoever and to authorize others to do so.
Page 2 of 36
Agreement Number: RMC3573
• •
If any such work is copyrightable, the Grantee may copyright the same, except that, as to any
work which is copyrighted by the Grantee, the State reserves a royalty-free, nonexclusive, and
irrevocable license to reproduce, publish, and use such work, or any part thereof, and to
authorize others to do so (40 CFR 31.34.36).
8. Disclosure: The Grantee agrees to disclose all funding sources for the Project prior to and
after Agreement approval. If the State should become aware, through any means, that the
Grantee has not disclosed all funding sources for the Project, the Agreement will be referred to
the State Department of Finance for a Project audit.
General Provisions
A. Definitions
1. The term "Act" as used herein means the Water Security, Clean Water, Coastal and
Beach Protection Bond Act of 2002.
2. The term "CEQA" as used herein means California Environmental Quality Act,
Public Resources Code Section 21000 et. seq, Title 14, California Code of
Regulations Section 15000 et. seq.
3. The term "Agreement as used herein means a grant agreement between the State and
Grantee specifying the payment of Grant Amount by the State for the performance of
Work Plan within the Project Performance Period by the Grantee.
4. The Term "Grantee" as used herein means the party described as the Grantee on page
one (1) of this Agreement.
5. The term "Grant Amount" as used herein means funds derived from the sale of bonds
authorized by the Act.
6. The term "Project" as used herein means the project described on page one(1)of this
Agreement.
7. The term "Project Performance Period" as used herein means the period of time that
the Grant Amount is available, and the time in which the project must be complete,
billed and paid as described on page one (1) of this Agreement.
8. The term "Project Representative" as used herein means the person authorized by the
Grantee to be responsible for the Project and is capable of making daily management
decisions.
9. The term "State" as used herein means the Rivers and Mountains Conservancy.
10. GRANTEE CERTIFICATION CLAUSES: The Grantee Certification Clauses,
Exhibit G are hereby incorporated by reference and made a part of this Agreement by
this reference as if attached hereto.
11. TIMELINESS: Time is of the essence in this Agreement.
12. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement
is unenforceable or held to be unenforceable, then the parties agree that all other
provisions of this Agreement have force and effect and shall not be effected thereby.
Page 3 of 36
Agreement Number: RMC3573 •
•
B. Project Execution
1. Grantee agrees to complete the Project in accordance with the time of Project
Performance Period, and under the terms and conditions of this Agreement.
Extensions may be requested at least 90 days in advance of the date of termination and
will be considered in the event of circumstances beyond the control of the Grantee,
but in no event subsequent to the end of the Project Performance Period as identified
in the Work Plan as the Project's date of completion.
2. Grantee shall comply with the California Environmental Quality Act (Public
Resources Code, Section 21000, et. seq.).
3. If the Project includes acquisition of real property, the property must be acquired from
a willing seller for no more than the appraised fair market value approved by
Department of General Services. The Grantee agrees to comply with all applicable
State (Chapter 16, Section 7260, Government Code) and local laws or ordinances
affecting relocation and real property acquisition. Documentation of such compliance
must be submitted to the State.
4. If the Project includes development, the Grantee shall comply with all applicable
current laws and regulations affecting development projects, including, but not limited
to, laws affecting health and safety, hazardous materials, historical preservation,
environmental impacts, building standards, and the like. Documentation of such
compliance will be made available for review upon request by the State.
5.. Grantee agrees to periodic site visits by the State to determine if development work is
completed in accordance with the approved Work Plan including a final inspection
upon Project completion.
6. Grantee agrees to, submit in writing, any deviation from the attached Work Plan to the
State for approval prior to implementation of changes.
7. Grantee agrees to provide reasonable public access to lands acquired in fee with Grant
Amount except where that access may interfere with habitat protection.
8. Grantee agrees to post signs acknowledging the source of funds consistent with the
Signage Guidelines, Exhibit H.
C. Project Costs,
Subject to availability of Grant Amount in the Act, the State hereby grants to the Grantee a
sum of money (Grant Amount) not to exceed the amount stated on page one (1) of this
Agreement in consideration of and on condition that the sum be expended in carrying out the
purpose as set forth in the Work Plan and under the terms and conditions set forth in this
Agreement. Grantee agrees to assume any obligation to furnish any funds that may be
necessary to complete the Project. All costs accrued for services or supplies prior to the
execution of Agreement are not eligible for reimbursement.
Eligible and ineligible costs include, but are not limited to, items detailed in Exhibit 1, Eligible
and Ineligible Costs. All eligible costs submitted for reimbursement must be accompanied by
appropriate supporting documentation.
The Grant Amount to be provided to the Grantee, under this Agreement, may be disbursed as
follows:
Page 4 of 36
Agreement Number: RMC3573 •
•
1. For acquisition projects: The State shall disperse up to 100% of the purchase price
and costs of acquisition approved by the Department of General Services when an
escrow is opened.
2. For development projects: The State may reimburse the Grantee the Grant Amount
upon submission of a payment request consistent with the Work Plan of this
Agreement.
3. Preliminary costs, including planning, plan documentation, designs, appraisals and
negotiations, permit costs, consultant costs, and other similar costs, are expenditures
subject to maximum 20% (including indirect and overhead costs) of the Grant
Amount for Grant Amounts over $100,000.
4. Indirect and overhead costs shall not exceed 10% of the Grant Amount.
5. All eligible travel-related expenses must be in accordance with State per diem
guidelines outlined at: http://www.dpa.ca.gov/iobinfo/statetravel.shtm.
6. Subject to prior review and approval of the State, line item shifts if up to $100,000 or
10% of the annual Agreement total, whichever is less, may be made during the grant
performance period. Line item shifts may be proposed/requested by the Grantee in
writing and must not increase or decrease the total Agreement Grant Amount.
D. Payment Documentation
1. All payment requests must be submitted by the Grantee using a completed Payment
Request Form, Exhibit J. An approved Payment Request Form constitutes as a valid
invoice for payment and must be accompanied by completed forms, as applicable,
listed below:
Project Costs Summary Form, Exhibit K
Labor Costs Summary Form, Exhibit L (Grant staff and/or personnel),
Equipment Costs Summary Form, Exhibit M,
Services and Materials Costs Summary Form, Exhibit N,
Report of Alternative Funding Expenditures Form, Exhibit 0, and,
Project Certification Form, Exhibit S (prior to final payment).
The Project Costs Summary Form, Exhibit K is completed by bringing forward the
total expenditures from the Labor Costs Summary Form, Exhibit L, the Equipment
Costs Summary Form, Exhibit M, and the Services and Materials Costs Summary
Form, Exhibit N. The Labor Costs Summary Form, Equipment Costs Summary
Form, and Services and Materials Costs Summary Form are completed by itemizing
all charges, documenting check numbers, amounts, dates, recipients, purpose of
expenditures, and clearly identifying charges to Work Plan tasks and elements. RMC
will consider the use of organizational records in lieu of the detailed listing on the
exhibit, providing all the information required on the exhibits is contained in the
organizational record. If organizational records are submitted, Grantee shall
summarize information on the appropriate exhibit.
The Labor Costs Summary Form, Exhibit L, is submitted with the Payment Request
Form, Exhibit J and is completed by listing the Grantee's staff and or personnel, the
dates and hours for the pay period, the pay rate, the check or warrant number, and the
total dollars paid for the period of the reimbursement request. RMC will consider the
Page 5 of 36
Agreement Number: RMC3573
use of organizational records in lieu of the detailed listing on the exhibit, providing all
the information required on the exhibits is contained in the organizational record. If
organizational records are submitted, Grantee shall summarize information on the
appropriate exhibit.
The Equipment Costs Summary Form, Exhibit M, is submitted with the Payment
Request Form, Exhibit J and is completed by listing the type of equipment that was
used, the dates the equipment performed the work, the check or warrant number that
paid for the use of the equipment, and the amount of the payment for the period of the
reimbursement request. RMC will consider the use of organizational records in lieu
of the detailed listing on the exhibit, providing all the information required on the
exhibits is contained in the organizational record. If organizational records are
submitted, Grantee shall summarize information on the appropriate exhibit.
The Services and Materials Costs Summary Form, Exhibit N, is submitted with the
Payment Request Form, Exhibit J and is completed by listing the materials or services
that were performed or delivered to accomplish specific tasks. The detailed listing on
the form includes, the deliverable, the task, the date, the recipient of the funds, the
check or warrant number used for payment of the recipient, and the amount of the
payment for the period of the reimbursement request. RMC will consider the use of
organizational records in lieu of the detailed listing on the exhibit, providing all the
information required on the exhibits is contained in the organizational record. If
organizational records are submitted, Grantee shall summarize information on the
appropriate exhibit.
A Report of Alternate Funding Source Expenditures, Exhibit 0 is submitted to the
State with each Payment Request and details costs charged to other funding sources,
i.e., Grantee's own funds, State or Federal funds, other grants. RMC will consider the
use of organizational records in lieu of the detailed listing on the exhibit, providing all
the information required on the exhibits is contained in the organizational record. If
organizational records are submitted, Grantee shall summarize information on the
appropriate exhibit.
Any payment request that is submitted without the required itemization will not be
authorized. If the required itemization or documentation is incomplete, inadequate, or
inaccurate, the State will inform the Grantee and hold the payment request until all
corrected and/or required information is received. Any penalties imposed on the
Grantee by a contractor because of delays in payment will be paid by the Grantee and
are not reimbursable under this Agreement.
2. Grantee shall submit all documentation for Project completion and final
reimbursement within 90 days of Project completion, but no later than the end of the
Project Performance period as shown on page one (I)of this Agreement.
3. Payments shall be on the basis of costs incurred, less 10% to be withheld from all
invoiced amounts.
4. Advance payment for the project is not allowed. The State, at its sole discretion, may
honor advance payment requests, if warranted by a documented compelling need. A
Payment Request Form, Exhibit J including all cost estimates for services, equipment
and supplies to support the advanced amount requested, should accompany this
document.
Page 6 of 36
Agreement Number: RMC3573 •
•
5. If Grant Amount is advanced, the Grantee shall place these funds in a separate interest
bearing account, setting up and identifying such account prior to the advance. Interest
earned on Grant Amount shall be used solely on the Project, as approved by the State.
Unless spent on approved costs, the Grant Amount shall be reduced by the amount of
the interest earned.
E. Project Administration
1. Grantee agrees to provide all technical and administrative services as needed for
Agreement completion. Grantee agrees to monitor and review all work performed,
and coordinate budgeting and scheduling to assure that the Agreement is completed
within budget, on schedule, and in accordance with approved procedures, applicable
laws, and regulations.
2. Grantee ensures that the Agreement requirements are met through completion of
Quarterly Progress Report, Exhibit P and Quarterly Expenditure Projection Report,
Exhibit Q submitted to the State in Accordance with the Work Plan and through
regular communication with the State adhering to the following schedule:
• 1st Quarter January 1 - March 31 Due April 30
• 2"d Quarter April 1 -June 30 Due July 30
• 3rd Quarter July 1 - September 30 Due October 30
• 4'I' Quarter October 1 - December 31 Due January 30
The State reserves the right to require reports more frequently than on a quarterly
basis if necessary, but no more than once a month.
a. The Quarterly Progress Report, Exhibit P shall describe activities undertaken and
accomplishments of each task during the quarter, milestones achieved, and any
problems encountered in the performance of the work under this Agreement. The
description of activities and accomplishments of each task shall be in sufficient
detail to provide a basis for payment of invoices and shall be translated into
percent of task work completed for the purpose of calculating invoice amounts.
Progress reports should directly address tasks, timelines, deliverables, milestones
and associated costs scheduled in Tasklist and Timeline, Exhibit A; Budget,
Exhibit B; and Monitoring and Assessment Plan, Exhibit C. Any major timeline
adjustments which will impact Exhibit A, Tasklist and Timeline, must be
reviewed with the project manager.
b. The Quarterly Expenditure Projection Report, Exhibit Q shall reflect both actual
and projected expenditures. The sum of all quarterly expenditure projection
reports should equal that of approved Grant Amount.
c. Grantee must submit an Agreement Summary Form, Exhibit R with the first
Quarterly Report. This information will be made available to the public on the
Resources Agency and Rivers and Mountains Conservancy website.
d. At the completion of this Project and prior to final payment, the Grantee Project
Representative shall fill out and provide a Project Certification Form, Exhibit S to
the State.
3. Disclosure Requirements include the following disclosure statement in any document
written report, or brochure prepared in whole or in part pursuant to this Agreement.
Page 7 of 36
Agreement Number: RMC3573 • •
"Funding for this project has been provided in full or in part through an Agreement
with the Rivers and Mountains Conservancy (RMC) pursuant to the Water Security,
Clean Water, Coastal and Beach Protection Bond Act of 2002 (Proposition 50). The
contents of this document do not necessarily reflect the views and policies of the
RMC, nor does mention of trade names or commercial products constitute
endorsement or recommendation of use."
4. Grantee shall include in each of its subcontracts for work under this Agreement a
provision that incorporates the requirements stated within this subtask.
5. Grantee shall notify the State at least ten (10) working days prior to any public or
media event publicizing the accomplishment and/or results of this Agreement and
provide the opportunity for attendance and participation by RMC representatives.
6. Grantee must document steps taken in soliciting and awarding the subcontractors and
submit the to the State for review and document all subcontractor activities in
quarterly reports.
7. Grantee agrees to promptly submit reports as the State has requested in this
Agreement or may request during the life of this Agreement.
8. Grantee agrees that property and facilities acquired or developed pursuant to this
Agreement shall be available for inspection upon request by the State.
F. Payment Withdrawal
1. If a Grantee wished to withdraw a Project, Grantee shall notify the State in writing.
2. In the event an approved project cannot be completed, and if Grant Amount were
advanced, those funds, plus any accrued interest, must be returned to the State.
3. If funds will be used for the CEQA/NEPA process and the Grantee has made a full
faith effort to complete CEQA/NEPA, but is unable to complete the CEQA/NEPA
process or otherwise proceed with the Project due to issues related to the
CEQA/NEPA process, costs incurred by the Grantee that are directly related to the
CEQA/NEPA process can be applied up to the limit of 20% of the total original grant.
G. Project Termination
1. Grantee may unilaterally rescind this Agreement at any time prior to the
commencement of the Project. After Project commencement this Agreement may be
rescinded, modified or amended only by mutual agreement in writing.
2. Failure by the Grantee to comply with the terms of this Agreement or any other
agreement under the Act may be cause for suspension of all obligations of the State
hereunder.
3. Failure of the Grantee to comply with the terms of this Agreement shall not be cause
for the suspension of all obligations of the State hereunder if in the judgment of the
State such failure was due to no fault of the Grantee.
Page 8 of 36
Agreement Number: RMC3573
In such case, any amount required to settle at minimum costs any irrevocable
obligations properly incurred shall be eligible for reimbursement under this
• Agreement.
4. Because the benefit to be derived by the State, from the full compliance by the
Grantee with the terms of this Agreement, is the preservation, protection and net
increase in the quality and quality of parks, public recreation facilities and/or
historical resources available to the people of the State of California and because such
benefit exceeds to an immeasurable and unascertainable extent the amount of money
furnished by the State by way of Grant Amount under the provisions of this
Agreement, the Grantee agrees that payment by the Grantee to the State of an amount
equal to the amount of the Grant Amount disbursed under this Agreement by the State
would be inadequate compensation to the State for any breach by the Grantee of this
Agreement. The Grantee further agrees, therefore, that the appropriate remedy in the
event of a breach by the Grantee of this Agreement shall be the specific performance
of this Agreement.
5. Grantee and State agree that if the Project includes development, final payment may
not be made until the Project includes development, final payment may not be made
until the Project conforms substantially to this Agreement and is a useable facility.
H. Loss of Grant Amount
The following actions may result in a loss or part of all Grant Amount allocated to the
Grantee:
1. A Grantee fails to return a signed Agreement with the RMC within 60 days of receipt
of the Agreement.
2. A Grantee fails to produce a Work Plan for approval by the State within 90 days of
signing an Agreement with the State.
3. A Grantee fails to produce a Work Plan that is consistent with Common Ground,
Phase II Final Report and/or is inconsistent with the Water Security, Clean Water,
Coastal and Beach Protection Bond Act of 2002 and the intent of State's objectives as
stated in authoring statute(Public Resources Code, Sections 32600-32621).
4. A Grantee withdraws the Project.
5. A Grantee fails to complete the Project and/or fails to submit all documentation before
June 30,2007.
I. Hold Harmless
I. Grantee agrees to waive all claims and recourse against the State including the right to
contribution for loss or damage to persons or property arising from, growing out of, or
in any way connected with or incident to this Agreement except claims arising from
the concurrent or sole negligence of State, its officers, agents, and employees.
2. Grantee agrees to indemnify, hold harmless and defend State, its officers, agents and
employees against any and all claims demands, damages, costs, expenses or liability
costs arising out of the acquisition, development, construction, operation or
maintenance of the property described as the Project which claims, demands, or
causes of action arise under Government Code Section 895.2 or otherwise except for
Page 9 of 36
• Agreement Number: RMC3573
liability arising out of the concurrent or sole negligence of State, its officers, agents or
employees.
•
3. Grantee agrees that in the event State is named as codefendant under the provisions of
Government Code Section 895 et. seq., the Grantee shall notify State of such fact and
shall represent State in the legal action unless State undertakes to represent itself as
codefendant in such legal action in which event the State shall bear its own litigation
costs, expenses, and attorney fees.
4. Grantee and State agree in the event of judgment entered against the State and Grantee
because of the concurrent negligence of the State and Grantee, their officers, agents,
or employees, an apportionment of liability to pay such judgment shall be made by a
court of competent jurisdiction. Neither party shall request ajury apportionment.
5. Grantee agrees to indemnify, hold harmless and defend the State, its officers, agents
and employees against any and all claims, demands, costs, expenses or liability costs
arising out of legal actions pursuant to items to which the Grantee has certified.
Grantee acknowledges that it is solely responsible for compliance with items to which
it has certified.
J. Financial Records
I. Grantee agrees to maintain satisfactory financial accounts, documents and records for
the Project and to make them available to the State for auditing at reasonable times.
Grantee also agrees to retain such financial accounts, documents and records for three
years following Project termination or completion.
2. Grantee and State agree that during regular office hours each of the parties hereto and
their duly authorized representative shall have the right to inspect and make copies of
any books, records or reports of the other party pertaining to this Agreement or
matters related thereto. Grantee agrees to maintain and make available for inspection
by the State accurate records of all of its costs, disbursements and receipts with
respect to its activities under this Agreement.
3. Grantee agrees to use a generally accepted accounting system.
K. Audit
I. Projects are subject to audit by the State for three years following the final payment of
Grant Amount. The purpose of this audit is to verify that project expenditures were
properly documented. Grantee will be contacted at least 30 days in advance of an
audit.
2. Audit will include all books, papers, accounts, documents, or other records of the
Grantee, as they relate to the Project for which the State authorized Grant Amount.
The Grantee shall have the Project records, including the sources documents and
cancelled warrants, readily available to the state.
3. The Grantee must also provide an employee having knowledge of the Project and the
accounting procedure or system to assist the State's auditor. The Grantee shall
provide a copy of any document, paper, record, or the like requested by the State.
4. All Project records must be retained for at lease one year following an audit or final
disputed audit findings.
Page IOof36
Agreement Number: RMC3573
L. Use of Facilities
•
I. Grantee agrees that the Grantee shall use the property acquired or developed with
Grant Amount under this Agreement only for the purpose for which the Grant Amount
was requested and no other use of the area shall be permitted except by specific act of
the Legislature.
2. Grantee must certify to the State that the Grantee has adequate control of, and tenure
to properties to be improved under this Agreement. Adequate controls include, but
are not limited to ownership, lease, easement, joint powers agreement, or other long
term interest in the property, or have a satisfactory Agreement with the legal
owner/administering agency.
3. Grantee must certify that the property will remain available for compatible public use.
4. Grantee shall not use or allow the use of any portion of the real property for mitigation
or to compensate for adverse changes to the environment elsewhere.
5. Grantee agrees to maintain, operate and use the property funded pursuant to this act
for a period of at least 20 years for an Agreement up to $1,000,000 or at least 25 years
for and Agreement over $1,000,000. For urban stream restoration projects, alternate
maintenance and operation periods may be negotiated, as appropriate for individual
projects. With the approval of the State, the Grantee or its successor in interest in the
property may transfer the responsibility to maintain and operate the property in
accordance with this requirement. Grantee may be excused from its obligations for
operation and maintenance of the Project site only upon the written approval of the
State for good cause. "Good Cause" includes, but is not limited to, natural disasters
that destroy the Project improvements and render the Project obsolete or impracticable
to rebuild. A lease or other short term agreement cannot be revocable at will by the
lessor.
6. Grantee shall use the property for the purposes for which the Agreement was made
and shall make no other use or sale or other disposition of the property, except as
consistent with the Act and authorized by the State. This Agreement shall not prevent
the transfer of the property from the Grantee to a public agency if the successor public
agency assumes the obligations imposed by this agreement. If the use of the property
is changed to a use that is not permitted by the Act, or if the property is sold or
otherwise disposed of, an amount equal to (1) the amount of the Agreement, (2) the
fair market value of the real property, or (3) the proceeds from the sale or other
disposition, whichever is greater, shall be reimbursed to the State. If the property sold
or otherwise disposed of and the proceeds are less than the entire interest in the
property funded by the Agreement, an amount equal to either the proceeds from the
sale or other disposition of the interest or the fair market value of the interest sold or
otherwise disposed of, whichever is greater, shall be reimbursed to the State.
M. Nondiscrimination
1. The Grantee shall not discriminate against any person on the basis of sex, race, color,
national region, age, religion, ancestry, or physical handicap in the use of any property
or facility acquired or developed pursuant to this Agreement.
Page 11 of 36
Agreemdnt Number: RMC3573 • •
2. The Grantee shall not discriminate against any person on the basis of residence except
to the extent that reasonable difference in admission or other fees may be maintained
• on the basis of resident and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under
the special provisions of this Agreement.
N. Application Incorporation
The Application and any subsequent change or addition approved in writing by the State is
hereby incorporated in this Agreement as though set forth in this Agreement.
O. Severability
If any provision of this Agreement or the application thereof is held invalid, that invalidity
shall not affect other provisions or applications of the Agreement which can be given effect
without the invalid provision or application, and to this end the provisions of this Agreement
are severable.
P. Waiver
No terms or provision hereof will he considered waived by either party, and no breach
excused by either party, unless such waiver or consent is in writing and signed on behalf of the
party against whom the waiver is asserted. No consent by either party to, or waiver of, a
breach by either party, whether expressed or implied will constitute consent to, waiver of, or
excuse of any other, different, or subsequent breach by either party.
Q. Assignment
Without the written consent of the RMC, this Agreement is not assignable by the Grantee
either in whole or in part.
Page 12 of 36
• •
co
o
U
N G
0
co
O
Q
4)
N
co
O
G
•c
O
C #
N
^C S
W d
CD C
W
C CCD O
Y 7 •
-, _,
L ^
W N-
_ C M
RS ti
as rr LO r` '
Vl M c 4
CO
CD CO 2 tO
Fe 1- -
0
41 a o
,` w j «r
t t o
K a .
C W a
,^ 0 •
V, o
..
N
(0
L o
o .
d 0
E' t o @ ao
O — N M = CAM r " N E O
>-' N N N 000 tom/) cc u) 0 U)
'c ca ca co m c CO m CO m > 3 0_
s L _c _c L L L .0 L L
E n. aa as a a as L.
c E DI
0 o R N o
.o U c c A N U
o c C w 2 rn
•ic 05 If, u) :: o 0 c a 2
0 m N 2 o c0i E a to 0
O O 0 0 0 0
d
m a O N 0 '� m 0
H- Q D U - J a_
•
• PX'/h6/7-C64.
CONSULTING
RIVER'S END STAGING AREA ENHANCEMENT PLAN
City of Seal Beach
OPINION OF PROBABLE CONSTRUCTION COSTS
Prepared September 12, 2005 RBF Consulting
Prepared based on the 1st Submittal Construction Documents dated August 31,2005 JN.: 10-103934.001
ITEM QUANTITY/ UNIT
NO. DESCRIPTION UNITS PRICE AMOUNT FUNDING
1 Mobilization 1 LS $20,000.00 $20,000.00 50/50
2 Demolition
3 Clear and Grub 1 LS $5,200.00 $5,200.00 50/50
4 Remove AC Pavement 18,500 SF $2.50 $46,250.00 RMC
5 Remove Concrete Pavement 9,500 SF $2.00 $19,000.00 RMC
6 Remove Concrete Curb 450 LF $5.00 $2,250.00 RMC
7 Remove Wood Bollards 1 LS $5,000.00 $5,000.00 RMC
8 Remove Wood Sign 1 EA $500.00 $500.00 RMC
9 Salvage Signs and Trash Receptacles 1 LS $1,000.00 $1,000.00 RMC
10 Remove Street Light and Power Lines 6 EA $1,000.00 $6,000.00 RMC
11 Remove Wood Wall 1 LS $150.00 $150.00 PROP 50
12 Remove Tree 15 EA $500.00 $7,500.00 RMC
13 Remove Bicycle Racks 1 LS $50.00 $50.00 RMC
14 Remove Concrete Barrier 1 EA $50.00 $50.00 RMC
15 Remove Chain Link Fence and Gate 225 LF $5.00 $1,125.00 RMC
16 Remove Block Wall 1 LS $200.00 $200.00 PROP 50
17 Remove Shower. Cut and Cap Supply Line 1 LS $250.00 $250.00 PROP 50
18 Adjust Utilities to Grade 1 LS $2,500.00 $2,500.00 RMC
19 Salvage Wood Windsurfing Rack 1 LS $250.00 $250.00 PROP 50
20 Salvage Solar Powered Pay Station 1 EA $450.00 $450.00 RMC
21 Subtotal Demolition $97,725.00
22 Construction
23 Concrete Curb and Gutter 2.300 LF $20.00 $46,000.00 RMC
24 Asphalt Slurry Seal 34 ELT $350.00 $11,900.00 RMC
25 Concrete Sidewalk-Natural Color 5,120 SF $5.00 $25,600.00 RMC
26 Concrete Sidewalk-Integral Color-Sandblast Finish 12,500 SF $6.50 $81,250.00 PROP 50
27 8"Concrete Ribbon Curb 1,300 LF $12.00 $15,600.00 RMC
28 6"Concrete Mow Curb 565 LF $10.00 $5,650.00 RMC
29 6"Concrete Curb 45 LF $15.00 $675.00 RMC
30 Pedestrian Ramp 3 EA $800.00 $2,400.00 RMC
31 Cast-In-Place Concrete Seat Walls 515 LF $100.00 $51,500.00 PROP 50
32 Striping and Signage 1 LS $5,000.00 $5,000.00 RMC
33 5'Concrete Wheel Stop 97 EA $200.00 $19,400.00 RMC
34 Lighting and Electrical 1 LS $57,000.00 $57,000.00 RMC
35 Precast Concrete Bench 3 EA $1,500.00 $4,500.00 PROP 50
36 Precast Concrete Trash Receptacle 9 EA $1,200.00 $10,800.00 PROP 50
37 Precast Concrete Picnic Table 4 EA $1,500.00 $6,000.00 PROP 50
38 Precast Concrete Recycling Receptacle 3 EA $1,000.00 $3,000.00 PROP 50
39 Precast Concrete Bollard 1 EA $700.00 $700.00 RMC
40 Re-Install Wood Windsurfing Rack 1 EA $300.00 $300.00 PROP 50
41 Drinking Fountain 2 EA $2,000.00 $4,000.00 PROP 50
42 Outdoor Shower and Drain 1 EA $3,500.00 $3,500.00 PROP 50
43 Stone Kiosk 2 EA $8,500.00 $17,000.00 PROP 50
PLANNING • DESIGN • CONSTRUCTION
14725 Alton Parkway,Irvine,CA 92618-2027•P.O.Box 57057,Irvine,CA 92619-7057•949.472.3505•FAX 949 472.8373
Offices located throughout California,Arizona 8 Nevada • www.RBF.com
•
RIVER'S END STAGING AREA ENHANCEMENT PLAN
City of Seal Beach
OPINION OF PROBABLE CONSTRUCTION COSTS
Prepared September 12, 2005 RBF Consulting
Prepared based on the 1st Submittal Construction Documents dated August 31, 2005 JN.: 10-103934.001
44 Stone Entry Monument 1 EA $8,500.00 $8,500.00 RMC
45 CMU Split Face Block Wall 500 LF $60.00 $30,000.00 RMC
46 Tubular Steel Rolling Gate _ 1 LS $10,000.00 $10,000.00 RMC
47 Bicycle Rack _ 1 EA $2,800.00 $2,800.00 PROP 50
48 Re-Install Solar Powered Parking Machine _ 1 EA $1,200.00 $1,200.00 RMC
49 Subtotal Construction $424,275.00
50 Landscape
51 Import Class A Topsoil 427 CY $28.00 $11,956.00 50/50
52 Soil preparation,fine grading,and fertilizer 52,000 SF $0.45 $23,400.00 50/50
53 24"Box tree 49 EA $270.00 $13,230.00 PROP 50
54 5 Gallon shrub _ 1,196 EA $20.00 $23,920.00 PROP 50
55 1 Gallon shrub 338 FA $8.00 $2,704.00 PROP 50
56 Turf 22,100 SF $0.65 $14,365.00 RMC
57 Root control barrier 1,105 LF $7.50 $8,287.50 PROP 50
58 Water Quality Sump Drain _ 19 EA $75.00 $1,425.00 RMC
59 Bark Mulch(2"Thick) 29,900 SF $0.50 $14,950.00 PROP 50
60 90-Day plant establishment period _ 1 LS $9,000.00 $9,000.00 50/50
61 Subtotal Landscape $123,237.50
62 Irrigation
63 Complete irrigation system installed, including all water 52,000 SF $2.00 $104,000.00
meters,backflow preventers, controllers,valves,equipment,
piping, sleevinq, and trenching. 50/50
64 Subtotal Irrigation $104,000.00
65
66 Subtotal $769,237.50
67 20%Contingency_ $153,847.50 50/50
68 Estimated Total Bid $923,085.00
Since the LANDSCAPE ARCHITECT has no control over the cost of labor,materials,equipment or services furnished by others or over the Contractor(s)'method
of determining prices,or over the competitive bidding or market conditions,its Opinion of Probable Construction Cost provided herein are to be made on the basis
of its experience and qualifications and represents its best judgment as an experienced and qualified professional LANDSCAPE ARCHITECT,familiar with the
construction industry;but the LANDSCAPE ARCHITECT cannot and does not guarantee that proposals,bids or actual Project or Construction Cost will not vary
from its Opinion of Probable Construction Cost. If prior to the Bidding or Negotiating Phase,OWNER wishes greater assurance as to Project Cost,it shall employ
an independent cost estimator.
H.tpdate\10103934■Admin\Cost 0934_1stSub_Septl2-05_FUNDING SOURCE.xts
PLANNING • DESIGN • CONSTRUCTION
14725 Alton Parkway.Irvine,CA 92618-2027•P.O.Box 57057,Irvine,CA 92619-7057•949.472.3505•FAX 949 472.8373
Offices located throughout California,Arizona 8 Nevada • www.RBF.com
• •
San Gabriel River Parkway Trail Enhancement(RMC3573)
Exhibit C: Monitoring and Assessment
The City of Seal Beach is a local government municipality in Orange County and is immediately adjacent
to the San Gabriel River. In order to evaluate the success of work Seal Beach on the San Gabriel River
Trail Enhancement grant program, the following monitoring and assessment plan has been drafted.
1) The City of Seal Beach will provide the State of California Rivers and Mountains
Conservancy with a copy of all documents for review and approval.
2) The City of Seal Beach will provide the RMC with quarterly project reports outlining the
progress that has been made towards completion of project goals.
3) A final report will be compiled including pertinent design, deliverables, quarterly reports.
4) The RMC will be invited to participate in any outreach, advisory and/or stakeholders groups
formed for this project.
• Agreement Number: RMC3573 •
•
Exhibit D
Memorandum of Unrecorded Grant Agreement
State of California )
Rivers and Mountains Conservancy )
Belinda V. Faustinos )
900 South Fremont Avenue )
Annex, 2nd Floor )
Alhambra, CA 91802 )
Space above this line for Recorder's use
MEMORANDUM OF UNRECORDED GRANT AGREEMENT
This Memorandum of Unrecorded Grant Agreement (Memorandum), dated as of
, 2005, is recorded to provide notice of an agreement between the State of
California, by and through the Rivers and Mountains Conservancy ("State") and
("Grantee").
RECITALS
A. On or about , , State and Grantee entered into a
certain Grant Agreement, Grant No. ("Agreement"), pursuant to which the
State granted to Grantee certain funds for the acquisition of certain real property, more
particularly described in attached Exhibit A and incorporated by reference (the "Real
Property").
B. Under the terms of the Agreement, the State reserved certain rights with respect to the
Real Property.
C. Grantee desires to execute this Memorandum to provide constructive notice to all
third parties of certain State reserved rights under the Agreement.
NOTICE
Said Real Property (including any portion of it or any interest in it) must be used for
the purposes of expanding or establishing open space for passive natural and passive
recreational uses and other compatible public uses constant with the description of the
purpose of the acquisition in the Agreement.
2. Said Real Property shall be maintained and operated under this program for a period
of at least 20 years for grants up to $1,000,000 and at least 25 years for grants over
$1,000,000.
3. Said Real Property(including any portion of it or any interest in it) may not be sold or
transferred without the written approval of the State of California, acting through the
Rivers and Mountains Conservancy, or its successor, provided that such approval shall not
be unreasonably withheld as long as the purposes for which the Agreement was awarded
are maintained.
Page 16 of 36
Agreement Number: RMC3573
4. Said Real Property(including any portion of it or any interest in it) may not be used as
security for any debt or for mitigation without the written approval of the State of
California, acting through the Rivers and Mountains Conservancy, or its successor,
provided that such approval shall not be unreasonably withheld as long as the purposes for
which the Agreement was awarded are maintained.
5. For additional terms and conditions of the Agreement, reference should be made to
the Grant Agreement, which is on file with the Rivers and Mountains Conservancy, 900
South Fremont Avenue, Annex, 2nd Floor, Alhambra, California 91802.
GRANTEE:
By:
Title:
Page 17 of 36
Agreement Number: RMC3573
Exhibit E
Project Development Plan
The RMC expects to be continuously involved in all stages of Projects which include planning and/or
development including approval of any bid or proposal document scopes prior to selecting contractors
and/or consultants, involvement in the selection of contractors/consultants, and approval of any plans
and technical details prior to the work being executed. Below is a list of details the RMC will need to
review and approve prior to their implementation. The purpose of these procedures is to ensure that
the ultimate development project will conform to our mission and goals.
Planting/Landscaping Plan Component
In order to adequately evaluate the project proposal please provide text as well as budget estimates that
provide RMC staff sufficient detail to evaluate the ecological details of the planting/landscaping plan.
The text description should provide scientific rationale for the chosen native plant palette, grouping,
structure, choice of vegetation communities and how they are consistent with the overall project goals.
Details, including slope aspect, soils, hydrology, elevation, etc., should be considered in deciding upon
a plant palette.
I. Location of all plant materials, a legend with botanical and common names, and size of plant
materials;
2. Existing and proposed buildings, walls, fences, utilities, paved areas and other site
improvements;
3. Existing trees and plant materials to be removed or retained;
4. Designation of hydrology-zones. 1-Iydrology-zones are defined as a portion of the landscaped
area having plants with similar water needs, areas with similar microclimate (i.e., slope,
aspect, exposure, wind, etc.), and soil conditions, and areas that will be similarly irrigated. A
hydrology-zone can be served by one irrigation valve, or a set of valves with the same
schedule; and,
5. Details and specifications for tree staking, planting details, soil preparation, irrigation
requirements(amount and frequency).
Grading and Drainage Plan Component
1. Grading Plan (showing property lines and street names, existing and proposed buildings,
walls, fences, utilities, paved areas, drainage features and other site improvements);
2. Existing and finished contour lines and spot elevations as necessary for the proposed site
improvements(if applicable, given scope of project); and,
3. Schematic cross sections showing site micro-topography and best management practices (does
not have to be to scale).
Irrigation Plan Component
1. Layout of the irrigation system and a legend summarizing the type and size of all components
of the system, including the manufacturer name and model numbers; and,
2. Installation details for irrigation components.
Page 18 of 36
•
Agreement Number: RMC3573 • •
Exhibit F
RMC General Policies
The Project Development Plan (PDP) is a technical "living" document that will enable the RMC to
track grant projects in order to ensure that our mission and goals are reflected in each project. In
developing the PDP, the following guiding principles must be incorporated for consistency with
RMC policies;
• Grantees shall exclude the use of invasive plants, as listed in the document"Exotic Pest Plants
of Greatest Ecological Concern in California" (www.rmc.ca.gov) in their planting palette.
Furthermore, any invasive species from this list that currently exist on the project site must be
removed as part of the landscaping plan (phased removal is acceptable).
• Grantees shall utilize native, indigenous plants, locally propagated to the extent possible, in
their planting palette except under written authorization from RMC. A basic (but by all means
not all inclusive) list of native, locally available indigenous plants is available on our website
to help develop a plant palette (www.rmc.ca.gov) .
• If the project involves a trail system, the guiding principles in "Planning Trails with Wildlife
in Mind' available on the RMC website (www.rmc.ca.gov) must be utilized in the trail design.
• Grantee will use porous materials, and/or recycled paving materials instead of impervious
paving materials for portions of their projects requiring pavement (i.e., parking lots, trails,
etc.) unless prohibited by local building codes.
• If lighting elements are required as part of the project Work Plan, environmentally sensitive,
directional lighting must be used to minimize any impact to wildlife. Care should also be
taken to control the number hours lighting is needed.
• Use of sustainable energy sources, such as solar or wind power is encouraged for appropriate
tasks in the Work Plan.
• The use of recycled materials for fencing, benches, signage, etc., must be considered to further
our mission of sustainable development.
• Any irrigation installed on the project site as part of the Work Plan must be a water efficient
irrigation system. In projects where turf is to be installed, both a rain sensor and a soil
moisture meter are required to ensure water efficient irrigation practices. A rain sensor will
halt irrigation on days it is raining, eliminating excessive water runoff. A soil moisture meter
will automatically shut off irrigation when the root zone of the turf becomes saturated,
preventing excessive irrigation runoff.
• The use of appropriate storm water best management practices (BMPs) must be utilized on the
project site. In areas where grading, vegetation clearing, or planting occur, BMPs must be
utilized to control excessive erosion while vegetation becomes established. (See
http://www.cabmphandbooks.com for more information.)
Page 19of36
• Agreement Number: RMC3573
Exhibit G
• Grantee Certification Clauses
1. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the
nondiscrimination program requirements. (GC 12990 (a-f) and CCR, Title 2, Section 8103) (Not
applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of
the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the
following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation,
possession or use of a controlled substance is prohibited and specifying actions to be taken against
employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
I)the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2)agree to abide by the terms of the company's statement as a condition of employment on the
Agreement.
Failure to comply with these requirements may result in suspension of payments under the
Agreement or termination of the Agreement or both and Grantee may be ineligible for award of
any future WCA agreements if the department determines that any of the following has
occurred: (I) the Grantee has made false certification, or violated the certification by failing to
carry out the requirements as noted above. (GC 8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Grantee certifies that no
more than one (1) final unappealable finding of contempt of court by a Federal court has been
issued against Grantee within the immediately preceding two-year period because of Grantee's
failure to comply with an order of a Federal court which orders Grantee to comply with an
order of the National Labor Relations Board. (PCC 10296) (Not applicable to public entities.)
4. UNION ORGANIZING Grantee hereby certifies that no request for reimbursement, or
payment under this agreement, will seek reimbursement for costs incurred to assist, promote or
deter union organizing.
Page 20 of 36
• Agreement Number: RMC3573
Exhibit H
• Signage Guidelines
Authority
All Projects funded by RMC under Proposition 50, the Water Security, Clean Water, Coastal and Beach
Protection Bond Act of 2002,must include a posted sign acknowledging the source of the funds.
Purpose
Installation of signs at all Project sites is intended to acknowledge the public's support of the 2002
Resources Bond and promote the benefits provided by Bond fund assistance.
Types of Signs
1. Signs posted during construction (required for specific situations)
For Projects funded with RMC 2002 Bond Act funds in excess of $750,000 and/or those
Project in areas of high visibility (such as near a major thoroughfare) a sign is required during
construction.
Recommended minimum size of sign: 4 feet x 8 feet
2. Signs Posted Upon Completion (required for all Projects)
All Grantees are required to post a sign at the Project site. The sign must be available for the
final inspection of the Project. All signs must include the universal logo (see information on
the logo below).
There is no minimum or maximum size for the sign (other than the minimum size for the logo)
as long as the sign contains the required wording(see below).
Language for Sign
All signs will contain the minimum language below:
(Project Name)
Another Project to Improve California
Funded by the Rivers and Mountains Conservancy
RIVERS AND
MOUNTAINS
- 'a
.1
CONSERVANCY
California Water Security, Clean Water, Coastal and
Beach Protection Bond Act of 2002
Current,Secretary for Resources
Current, Governor
The name of the local agency or other governing body may also he added. The sign may also include
the names (and/or logos) of other partners, organizations, individuals and elected representatives as
deemed appropriate by those involved in the Project.
Page 21 of 36
• Agreement Number: RMC3573
Universal Logo
All signs will contain the RMC logo. The logo will be on a template, available on line at
http:/kvww.rmc.ca.uov. The Project Manager can also provide the logo on disk.
• The logo must be mounted in an area to maximize visibility and durability.
• The logo must be a minimum of 2"x2". Exceptions are permitted in the case of trails, historical
sites and other areas where these dimensions may not be appropriate.
Sign Construction
All materials used shall be durable and resistant to the elements and graffiti. The California
Department of Parks and Recreation and California Department of Transportation standards can be
used as a guide for gauge of metal, quality of paints used, mounting specifications, etc.
Sign Duration
The goal is to have Project signs in place for a lengthy period of time, preferably a minimum of two
years for all Projects and four years for Projects over$750,000.
Sign Cost
The cost of the sign(s) is an eligible Project cost. More permanent signage is also encouraged; e.g.,
bronze memorials mounted in stone at trailheads, on refurbished historical monuments and buildings,
etc.
Appropriateness of Signs
For Projects where the required sign may be out of place (such as sonic cultural and historic
monuments and buildings or where affected by local sign ordinances), the Project Manager in
consultation with the Applicant may authorize a sign that is appropriate to the Project in question.
Alternate signage must be clearly recognizable as an RMC 2002 Bond Project. Archaeological sites
are excluded from the sign requirement.
Signs on State Highways
Signs placed within the state highway right-of-way may require a Caltrans encroachment permit.
Contact the local Caltrans District Office early in the planning phases for more information.
Further Questions
The Grantee should consult with the Project Manager to resolve any sign issues.
The logo can he provided electronically.
Page 22 of 36
• Agreement Number: RMC3573
Exhibit I
•
•
Eligible and Ineligible Costs
Eligible Costs -
All eligible costs must be supported by appropriate documentation
COSTS EXPLANATION EXAMPLES
Preliminary Costs(not • Costs incurred alter a Agreement with RMC has been fully executed, • CEQA compliance
to exceed 20%of including planning,plan documentation,designs, appraisals and • Construction plans
grant total) negotiations,permit costs,consultant costs • Pemtits/Appraisals
• Expenditure subject to maximum of 20%of total grant Acquisition documents,etc.
Personnel or • Must be computed according to the Grantee's prevailing wage or • Wages and benefits
Employee Services salary scales • Work performed by another
• Must be computed on actual time spent on Project section/department in agency
• Must not exceed the Grantee's established rates for similar positions
Consultant Services • Costs paid to consultants necessary for the Project • Costs paid to consultants
• Consultants must be paid in compliance with the Grantee's customary necessary for the Project
method and rate
• No consultant fee shall be paid to the Grantee's own employees
without prior approval
Construction • All necessary construction activities • Site preparation,grading
• Construction management • Facility development
• Inspection and construction
management
Construction • The Grantee may charge only the cost of the actual use of the • Rental equipment
Equipment equipment during the time it is being used for Project purposes • Leased equipment
• The Grantee may use the California Department of Transportation's • Purchased equipment
equipment rental rates as a guide
• The Grantee shall prorate the value of the purchased equipment
toward the Project based on hours of usage
• The equipment use charges must be made in accordance with the
Grantee's normal accounting practices
• The Grantee must describe the work performed,the hours used,and
related use to Project
Fixed Equipment • Equipment permanently fixed to Project facility • Fixed resting areas/benches
Construction Tools/ • May be purchased for specific Project, or may be drawn from central • Materials such as concrete,wood,
Supplies/Materials stock if claimed costs are no higher than those the Grantee would pay etc.
• Costs may be capitalized according to the Grantee's standard policy • Supplies such as fasteners,nails,
• The Grantee may claim only those costs reasonably attributable to the or other hardware and non-fixed
Project equipment
Relocation Costs • Costs resulting in displacement of a person/business • See Chapter 16, Section 7260,
• The Grantee shall comply with State Relocation Act requirements. Government Code.
Acquisition Costs • Appropriate costs of acquiring real property • Purchase price/Appraisals
• DGS approved appraisal costs • "title/Escrow fees
• Surveying/Improvements
Indirect/Overhead • Costs shall not exceed 10%of grant total • Administrative overhead
Restoration/ • All required materials for restoration/rehabilitation work • Planting/Soil improvements
Rehabilitation Costs • Includes removal and disposal of exotic/invasive species • Irrigation systems(temporary or
permanent,as applicable)
Environmentally Aimed • Components to storm water management projects that include habitat • Filtration systems
13MP Measures supporting measures • Erosion control materials
Education • All fixed materials that serve interpretive or educational purposes • Signs/Interpretive aids/Kiosks
Infrastructure
Page 23 of 36
Agreement Number: RMC3573 • •
COSTS EXPLANATION EXAMPLES
Miscellaneous • Other Project-related costs • Communications expenses
• Construction insurance
• Signs/Interpretive aids
• Transportation costs
Ineligible Costs
The following is a non-exclusive list of ineligible project costs:
COSTS EXPLANATION EXAMPLES
Operations and • Costs necessary for the short or long term operation and maintenance • Personnel or employee services
Maintenance Costs of property or facilities once the property has been acquired or the • Equipment, supplies
facility or area has been restored,rehabilitated.or developed
Non-fixed Equipment • Equipment that is not permanently fixed to the project facility or used • Computer equipment(hardware
for construction and software)
• Portable equipment
Playground Equipment • Active recreation equipment costs are ineligible • Swing sets,skate parks,pools,
or Infrastructure ball field apparatus,basketball
courts
Mitigation Costs • Costs associated with exclusively fulfilling mitigation requirements • Land acquisition,development,
ibr this or other projects restoration or rehabilitation for
mitigation for this or other
projects
Ceremonial or Publicity • Funds may not be used for ceremonies,parties,or other publicity • Food and beverages
Expenses expenses(except for required signage) • Facility rental
Ineligible Travel • Travel costs not directly associated with the project • Travel expenses
• Travel claimed when no work time was claimed for the same period
• Travel costs exceeding the State per diem
Lobbying/Fundraising • Costs associated with grant application preparation, for this grantor • Staff time
for others associated with this or any other project • Lobbyist fees
• Costs associated with lobbying legislature or other bodies for funds • 'travel expenses
for this or any other project
Agreement Cost • Unapproved Agreement costs overruns exceeding the allowable • Unapproved costs
Overruns amount as per Agreement budget specifications
Page 24 of 36
• Agreement Number: RMC3573 •
•
Exhibit J
Payment Request Form
•
San Gabriel & Lower Los Angeles Rivers and Mountains Conservancy
900 South Fremont Avenue, Annex, 2nd Floor, P.O. Box 1460, Alhambra, CA 91802-1460
I. PROJECT NUMBER 2. AGREEMENT NUMBER
3. GRANTEE
4. PROJECT TITLE
5. TYPE OF PAYMENT
ADVANCE REIMBURSEMENT FINAL
❑ ❑ ❑
6. PAYMENT INFORMATION
a. Grant Amount $
b. Funds Received to Date $
c. Available Grant Amount(a. minus b.) $
d. Amount of this Advance/Reimbursement Request $
e. 10%withhold(10%of this Reimbursement Request) $
f. Warrant to be issued(d. minus e.) $
g. Remaining Grant Amount after this Payment(c. minus f.) $
h. Remaining Funds available for this Agreement(c. minus d.) $
7. SEND WARRANT TO:
GRANTEE NAME
STREET ADDRESS
CITY, STATE, ZIP CODE
ATTENTION
8. SIGNATURE OF PERSON AUTHORIZED IN
AGREEMENT TITLE DATE
FOR RMC USE ONLY
PAYMENT APPROVAL SIGNATURE
DATE
An approved Payment Request Form(Exhibit J)constitutes as a valid invoice for payment.
Page 25 of 36
Agreement Number: RMC3573
PAYMENT INSTRUCTIONS
. The following instructions correspond to items on the Payment Request Form:
1. PROJECT NUMBER--The number assigned by the State to this Project
2. AGREEMENT NUMBER--As shown in Certification of Funding section of the Project Agreement
3. GRANTEE--GRANTEE name as shown on the Project Agreement
4. PROJECT TITLE--Title of Project for which payment is requested
5. TYPE OF PAYMENT-- Check appropriate box
6. PAYMENT INFORMATION
a. Grant Amount--The amount of State Grant funds allocated to this Project
b. Funds Received to Date—Total amount already received for this Project
c. Available Grant Amount-- a. minus b.
d. Amount of this Advance/Reimbursement Request—Amount that is being requested
e. 10%withhold— 10%of this Reimbursement Request
f. Warrant to be issued—Actual amount that is being paid
g. Remaining Grant Amount after this Payment—c. minus f.
h. Remaining Funds available for this Agreement—c. minus d.
Grantee should use this figure to budget expenses for the remaining tasks of the agreement.
7. SEND WARRANT TO—Grantee name, address and contact person
8. SIGNATURE OF AUTHORIZED PROJECT REPRESENTATIVE
Payment request forms must be accompanied by a progress report detailing activities completed and an itemized
list of all charges documenting check numbers, amounts, dates, recipients, and purpose of the charges. You may
use the Project Summary Form in the Project Completion Packet. Payment requests should clearly identify
elements of the Work Plan to which they relate.
Payment requests without complete and accurate documentation will not be approved for payment until
required information is received.
Page 26 of 36
•
• Agreement Number: RMC3573 •
Exhibit K
•
Project Costs Summary Form
(Funds not previously invoiced)
Grantee Name
Agreement Number
a. Labor Costs Summary Form, Exhibit L Total $
b. Equipment Costs Summary Form, Exhibit M Total $
c. Services and Materials Cost Summary Form, Exhibit N Total $
d. Amount of this Reimbursement Request a+b+c $
(carry forward to Exhibit J, line"d")
e. Report of Alternative Funding Expenditures, Exhibit 0 Total $
Total Current Expenditures d+e $
Page 27 of 36
Agreement Number: RMC3573
Exhibit L
Labor Costs Summary Form
(Funds not previously invoiced)
Grantee Name
Agreement Number
Dates/Hrs Check#
Task Staff/Personnel Pay Period Rate Warrant Total
*Total $
*Carry Total forward to Project Costs Summary Form, Exhibit K
Page 28 of 36
Agreement Number: RMC3573
Exhibit M
Equipment Costs Summary Form
(Funds not previously invoiced)
Grantee Name
Agreement Number
Check#
Type of Equipment Dates Work Performed Warrant Total
*Total$
*Carry Total forward to Project Costs Summary Form, Exhibit K
Page 29 of 36
greement Number: RMC3573
Exhibit N
•
Services and Materials Costs Summary Form
(Funds not previously invoiced)
Grantee Name
Agreement Number
Check#
Task Date Recipient Warrant Total
*Total $
"Carry, Total forward to Project Costs Summary Form, Exhibit K
Page 30 of 36
• Agreement Number: RMC3573 • •
Exhibit 0
Report of Alternative Funding Expenditures
(Current Payment Request)
Grantee Name
Agreement Number
Task Funding Source Date Amount
*Total $
*Carly Total forward to Project Costs Summary Form, Exhibit K
Page 31 of 36
. Agreement Number: RMC3573 • •
Exhibit P
•
Quarterly Progress Report
PROGRESS REPORT#
First Quarter ❑ Second Quarter ❑ Third Quarter ❑ Fourth Quarter ❑
January 1 - March 31 April 1 - June 30 July 1 - September 30 October 1 - December 31
Project Name
Submitted by: "Grantee Project Representative"
Date Submitted:
Summary of Work Completed During This Reporting Period
of
Consistent w/Exhibit A Timeline
Task Description of Progress Work
Yes ❑ No ❑ If no,explain
Complete
Progress Report Narrative (if needed)
Page 32 of 36
AgrcemehtNumber: RMC3573
Exhibit Q
•
Quarterly Expenditure Projection Report
(Current Periods Only)
First Quarter ❑ Second Quarter ❑ Third Quarter ❑ Fourth Quarter ❑
January 1 - March 31 April 1 - June 30 July 1 - September 30 October 1 - December 31
ACTUAL PROJECTED CUMULATIVE
QUARTER YEAR
S S $
GRAND TOTAL $
Quarter-Start with the first quarter of your actual/projected expenditures.
Actual-Report only those expenditures which have been submitted on a payment request form.
Projected-Report your projected expenditures on a quarterly basis. (This information is required for State Treasurer's Office
purposes.)
Cumulative-Subtotal your cumulative expenses on a quarterly basis for the life of your grant.
Page 33 of 36
• Agreement Number: RMC3573
Exhibit R
Agreement Summary Form
Date:
PROJECT INFORMATION
Project Title:
Project Purpose—Problem /Goals ("why" the project):
Project Abstract(brief description of project):
Which RMC program is funding this project? Please put an X"
❑ Prop 13 ❑ Prop 40 ❑ Work Program
PROJECT REPRESENTATIVE
Name: Job Title:
Organization: Webpage Address:
Address:
Phone: Fax number:
Email:
PROJECT PERFORMANCE PERIOD
From: To:
PARTICIPANTS AND PARTNERSHIPS
LOCATION
Address:
Size of Project(include units): Counties included in project:
Page 34 of 36
Agreement Number: RMC3573
• •
Biography of Grantee:
Biography of Project:
H)Short-term Goals:
I) Long-term Coals:
PLEASE PROVIDE A HARD COPY AND AN ELECTRONIC COPY TO THE RIVERS AND MOUNTAINS
CONSERVANCY.
Page 35 of 36
• •
• gl'eement Number: RMC3573
Exhibit S
Project Certification Form
GRANTEE:
AGREEMENT NUMBER:
GRANTEE CONTACT FOR AUDIT PURPOSES
NAME:
ADDRESS:
PHONE: (
PROJECT DESCRIPTION—List facilities developed and/or property acquired:
LIST OTHER FUNDS ON PROJECT(SOURCES AND AMOUNTS):
INTEREST EARNED ON ADVANCE GRANT AMOUNT: S
HAS A NOTICE OF COMPLETION BEEN FILED? YES NO
IF NO, PLEASE EXPLAIN:
CERTIFICATION:
I hereby certify that all grant funds were expended on the above named Project(s) and that the
Project(s) is complete and we have made final payment for all work done.
Grantee Project Representative, Title Date
Page 36 of 36
Agreement Number: RMC3573 • RECEIVED
GRANT AGREEMENT- AMENDMENT NUMBER TWO MAY 12 2010
RIVERS AND MOUNTAINS CONSERVANCY (RMC)
City Manager's O+tv2
State of California—The Resources Agency
GRANTEE City of Seal Beach
PROJECT TITLE San Gabriel River Trail Enhancements Development
PERFORMANCE PERIOD January 1, 2006 through June 30, 2012
Under the terms and conditions of this Agreement, the Grantee agrees to complete the Project as described in the
project description, and the State of California, through its Executive Officer of the Rivers and Mountains
Conservancy pursuant to the Clean Water, Clean Air, Safe Neighborhood, and Coastal Protection Bond Act of
2002 (Proposition 40), agrees to fund the Project.
PROJECT DESCRIPTION
This amendment extends the grant end date to June 2012 (Exibit A), and revises the budget(Exhibit B). The
budget revision is required to reflect the total project cost of$2,000,000.00 versus previous budget of
$2,850,000.00. Originally, the City anticipated receipt of another grant for $850,000. 00 which was not received.
All other Terms and Conditions to remain the same.
TOTAL GRANT AMOUNT NOT TO EXCEED $2,000,000.00
The General and Special Provisions attached are made a part of and incorporated into the Agreement
GRANTEE: GRANTOR:
City of Seal Beach RIVERS AND MOUNTAINS CONSERVANCY
STATE OF CALIFORNIA
City Hall-211 Eighth Street 100 N. Old San Gabriel Canyon Road
Seal Beach CA. 90740 Azusa, CA 91702
BY(AUTHORIZED SIGNATURE) BY UTHORIZED SIGNATURE)
-a
0 '�-= �VF (0c
PRINTED NAME AND TITLE OF PERSOI jSIGNING PRINTED NAME AND TITLE OF PERSON SIGNING
David Carmany, City Manager Belinda V. Faustinos, Executive Officer
DATE SIGNED DATE SIGNED
gin bo
CERTIFICATION OF FUNDING (FOR STATE USE ONLY)
AMOUNT OF GRANT AGREEMENT NUMBER. FUND-6029
$2,000,000.00 RMC 3573 California Clean Water, Clean Air,
ADJ. INCREASING ENCUMERANCE APPROPRIATION Safe Neighborhood Parks,and Coastal
Protection Bond Act
ADJ. DECREASING ENCUMBERANCE FUNCTION
TOTAL GRANT AMOUNT LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL
$2,000,000.00 3825-301-6029005 379 2002 YEAR
07/08
T.B.A. NO. B.R. NO. INDEX OBJ. EXPEND PCA PROJECT/WORK
L120 801.03 30111 PHASE
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
SIGNATURE OF ACCOUNTING OFFICER DATE
Atz) ,L3 2/f//
Page 1 of 3
K.:\Agreements\Grants\RMC3573 San Gabriel River Trail Enhancement Development\Amendment One\Archive\3573 agreement—amd.#2
"
•
• Exhibit B •
San Gabriel River Trail Project
Exhibit E - Budget
ORIGINAL Line item REVISED
CAPITAL IMPROVEMENTS BUDGET change BUDGET
Construction $ 1,850,000.00 $ 440,432.00 $1,409,568.00
Bathroom Remodel $ 70,000.00 $ - $70,000.00
$1,920,000.00 $ 440,432.00 SUBTOTAL $1,479,568.00
PERMITTING
CEQA $. 30,000.00 $ - $30,000.00
Coastal Commission, etc. $ 50,000.00 $ 10,000.00 $40,000.00
$80,000.00 $ 10,000.00 SUBTOTAL $70,000.00
DESIGN
Final Design $ 150,000.00 $ (50,000.00) $200,000.00
$150,000.00 $ (50,000.00) SUBTOTAL $200,000.00 .
OTHER PROJECT-RELATED COSTS
Construction/Project Management $ 250,000.00 $ 150,000.00 $100,000.00
Contingency $ 400,000.00 $ 299,568.00 $100,432.00
City Staff $ 50,000.00 $ - $50,000.00
$ 700,000.00 $ 449,568.00 SUBTOTAL $250,432.00
$2,850,000.00 $850,000.00 GRAND TOTAL $2,000,000.00
RMC3573
10-Dec-09
•
• •
San Gabriel River Trail Project
Exhibit B - Cost Estimate
CAPITAL IMPROVEMENTS AMOUNT
Construction $1,850,000.00
Bathroom Remodel $70,000.00
SUBTOTAL $1,920,000.00
PERMITTING
CEQA $30,000.00
Coastal Commission, etc. $50,000.00
SUBTOTAL $80,000.00
DESIGN
Final Design $150,000.00
SUBTOTAL $150,000.00
OTHER PROJECT-RELATED COSTS
Construction/Project Management $250,000.00
Contingency $400,000.00
City Staff $50,000.00
SUBTOTAL $700,000.00
GRAND TOTAL $2,850,000.00
11/1/2007
• •
San Gabriel River Trail Construction Cost Estimate
EXHIBIT B, continued
Orig
Item No Description Unit Price Units Quantity Orig Estimate
1 SWPPP $10,000.00 LS 1 $10,000$
.00
?"2,,I.:1=,1, Mobilization R4 ' y1 . . ? „y ' , 50,000I.00 r, aLS z4 , , :' , '. :.$50;000!0_
3 Clearing and Grubbing $150,000.00 LS 1
$150,000.00
4 ;. CAB r .s, . { . - ° . _. . ,f.a . :$30 00 .'TONr',-' ,,.,e .350 k; :^$10`,500:00
5 AC $120.00 TON 1,800 $216,000.00
6'-.: Slurry,'Seal ." ,n wy.. = .'Rill1;a•iftlIf$3503.00
7 C&G_A3 17.;-"Eli--T-747.,� ,,,�� 30 ';_ ;;;$10(500;00
$45 00 LF 2,140 $96,300 00
8 ._, C&G•A2 fr . __: ._.v..,?" ' , .<•:550 00 # :.LF .w=., ' F
a mss.... �„70 - + + ,.::$3;500'00
9 C&G_A1 $45.00 LF 138 $6,210.00
10'7 PCC'SW 4 .Natural Color. = ,,A z;°.r *, :_ $12.00 ,"'SF E, '" 4,250 .":"4-.1';'1:1[J''' '.$51;000.00
11 PCC SW 4" Integral Color $15.00 SF 10,630 $159,450.00
`,212'1._
PCC.Veh Paving 6", .,. ,i, , _ .'.tit y .:I :.$25 00 : = SF a__ a , .2;255 '''$56 375:00
13 8"PCC Ribbon Curb $14.00 LF 710 $9,940.00
7;14:_x. 67 PCC=Mow Curb`A _ ..,: 1EF_ a fd '11#r t`x$12 00 iiizaiiEttsz «k ,.360 _, >,x$4;320:00
15 Ped Ramp $2,500.00 EA 3 $7,500.00
',16-1N, Maint'Access Drive= ,^` ; , _ "1, , .;_;$2,000.00 ,LS , ,T`'"i 1 "r,, $2;000[00
17 CIP Seat Walls/Benches $600.00 LF 200 $120,000.00
18'g Striping;.&Signage g A f,Watja'_- ,; ? ;$20 000 00 ,gtliS ,; ._ ,, 51 ;.. ;-$20;000:00
19 5 PCC Wheel Stops $200.00 EA 100 $20,000.00
20= PCC Trash Receptacles .„ - a . _ss`3,.,,.,,$1 50000 ASSEAVg .£s`,nIt,10 , _,; x;;$15;000:00
21 PCC Recycling Receptacle $1,500.00 EA 2 $3,000.00
,2Z TI- PCC`Removable'Bollards ,_,i, _ „ r;x$900 00 ' EA: Y+' „- ,-2 3i - ,,. ,;_$1;800 00
23 Wood Windsurfer Racks $2,500.00 EA 1 $2,500.00
' 24::-. 3 Drinking Fountam ;_ s`a+ $3,000 00 l. :EAR"Z.V5Iflaie2 7_ii-J:.-,:c.::-...- ±l'ili;$6;000.00
25 Outdoor Shower $4,500.00 EA 1 $4,500.00
26'_,,'_ Outdoor Hose,Bib.-'s« , r kti i, sY c a,_Vf2r.ilia$750100 :5' EA; ,ra 1 .,, , _tC.$750:00
27 Brass Drain System $350.00 EA 2 $700.00
28:! : Sidewalk',Dranh Systems v_ .. .' . -, . ,4 "_;$350 00 SEA .. _:; 1 ;;;;$350.00
29 Stone Kiosk $40,000.00 EA 2 $80,000.00
30 r' Sto'ne`:Er try``,Monument - .. s;.c'�, " , ,,,,%'.$40 000 00 Fl EA ati .7,'7/1 $40;000.00
31 CMU Split Face Wall $100.00 LF 460 $46,000.00
32'.,.' Steel;Swing gate -� r „! _ k„:$8,500.00 EitgliSi.m3 v. :_r ,,, 1 > _x;$8,500.00
33 Maint Access Gate $6,500.00 LS 1 $6,500.00
34:•.,•Veh;Entry .Gate *__-. y z: ;; t; rl.„„w ::$6,500 00 F':'LS ie!-:1 j > ,. 1 y + +:;;;$6;500100
35 Bicycle Rack $2,800.00 EA 1 $2,800.00
36 Import.Class Q Topsoil ,f?;;, . ..ee : $35 00 rii, CYttil, l' r,',r444 . . ,.,,,;$15;540.00
37 Soil Prep $0.50 SF 47,900 $23,950.00
"38."` 24=Boz�Tree,,....K +,. .. .s,. to _ ., ;i$30000 ,=.z.EA '.-,- -----, 65 t '. ,:;$19;500:00
39 5 Gal Shrub $100.00 EA 1,200 $120,000.00
'1'.:;401"-L6 1!GalShrrub r a_ 4r,F „: ^&___:_° .. .x s $2000 t,LA x_. »:42;.'. 800 ` _,`:$16;000:00
41 Plugs $5.00 EA 5,253 $26,265.00
42 - Turf=._ :`,:.. .. `'x ,, . , ff£ ,n ._ F .x. ''_'_ 4$1 00 :.4.1SF' zi . . ,19,500 'I `. : . $19;500.00
43 Root Contol Barrier $12.00 LF 1,075 $12,900 00
44 Sump'=Drain s.:, a:t 3.,. s,.-'°'.$150.00 ate nEkawF,7t:5"-ilii's1;1 9 ':' µ ;$2,850:00
45 Bark Mulch $1.50 SF 40,000 $60,000.00
46;-: 90-DayPlantl Establishment ',.., . ,.•-; ' . , -1$2500000 ' .LS; z, .i --..................--$25000.00
47 Irrigation $2.50 SF 80,000 $200,000.00
48" - Lighting:and Electfical .;,,,. ,,' $80;000.00 kT:Sit L'S`- , : ' r 1 ;,;y $80;000.00
Total $1,850,000.00
• •
C N
O 0
U V O
a OO_0
N o) VI 0)
O C C C
3
E m 7 u_
o
m C
I- o - Y 30
U LO m `o
o
W c o 0 c
7 O m o as CL 0 F.N �. � C 000 O 0 0 0000 0 00 0 0 0 0 O N
a 0 ° ° ° o ° ° ° ° ° ° ° ° 0 o 0 0 o o o 0 0 0 0 (3 a) (n
N O O Q
D. 0 49 to- ui (D to 6 5 C6 N o o in o T
O in co (D N- O) 0) N V
>- a C E `O V Ui N Cr) (A •V tO CO M CO 0 -C 0
� N U a_ 2 fA S V) S EA fA r Uj (A N co m
N _o a' VJ S L Q
N u)
0 O O 0 0 O 0 0 0 0 0 0 0 O O 0 0 0 0 N d
ce O C O O O O 0 0 0 0 0 0 0 fA (A K 0 0 0 V F
N .O G C 0 0 0 0 0 0 0 0 0 0 0 o 0 0
Q w L C C R to to tO o o tO O to 0 o O co to o O C
a O (0 0) r H V' N 0) co LO N O N. in O O W co in c E co
Ce 15 a) a W Q C C N a C U
c Q Q 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 O C
a, O 2 E E .. 000 0 000000 0 NV3 5 0 0 0 w z
w 0) O 0 C 000 O 000000 0 0 0 0 L O
F- V O 00 .�. 7 000 o o LSO O CM N 6 O O o L E
Z Oa Q ac I-O E rSo 11) NNrrm CO 0) °v 00 3Q
W 2y 0 a Q e) (» 69 69 » (» (» (» 69 69 (»
(u
a a C N S S V O
a L i U.� N � � o .- r .- � � � 00 r F
O
O uU - L >' 0 p (U
CO S.c o - o W J 0 N O V C
CNI 0) 0
W 23 , a a c a
=
0 co -• > E .o >
0} W U N L r
Ore ttl DA a (O < 0 7 W m
61 co C7 !' y (n U) =O U) CO U) CO CO CO CO U) CO
C V > QU C 10 J J = J J J J J J J J J N 0-
G O Gf l4 as
rt i co a U O T
a
N ' U C
0 0 0 0 0 0 0 0 0 0 O O 0
LL C E 0) O V 0 0 t() O 0 0 0 0 0 6 5 (A 0 Q�
O O Y •0 O O 0 0 0 0 0 0 0 U
W •- a` N a 0 0 O l0 O O t h N 6
V N
49 St (0 N O .in 0) O -
Q C (0 O E =' (p N N LO CO
Y .N C (R (A 69 63 63 M (A 69 d _
5 xU cm
c _ o E
N
W r - 0 O
C -O J (0 Cr N F Q
I- m 0 - Z - F ° c o
N 0 vv 0 a C o).4 v c a S
O U Q (q O V) (0 E co N (11
U r m e J m (0 � � � a) p EFL E
m m a. c " n. c .4 ._ w o a
Z •7 O N y-. d y 0 0 cn
.... c — C j o o
X 0 0 'O Q N C U N O_
0) .0 > (0 O C 0 C' N -o E c)w 7 N T C O � C
o VI D O 0 .O V N O O C O C _ w V O -O O O
y R - C C C C L O
Z y o g c ` w 'O CU 0 0).� m C Cu U 0 c E
W .S L Z Of C d N CC C V) V O -0 45 6`w O E Q
a ns 0 D W E N E L m _ 'Q Y N n N
Q. v2 ayoa 0) Eo � 't- oc -0 mrn Co �° oo
Q -o z W ntV 0_ F- . tnF- (AYi! < N SU) a U ° CO Co VF-
5 W C Y O Y Y -O Y Y a) U .0
F ) p CO
C CO te0 U N (5 N 0)
N (0 R> R
N �
0 I- ` I- I- OF F -0 c O
W U y X
C = -, 0) N r 0 r N - r O L E
E3 O O 0 .O. .c O 0 0 O N y
ma) a a` aU � p a a a 0) 00
7 7 7 O 7 7 C N
a _� _ CO N _ Co a N Cn co co _(0 .N v m
O 0) N Y O
Q = ca 'a
F c
• •
San Gabriel River Parkway Trail Enhancement(RMC3573)
Exhibit C: Monitoring and Assessment
The City of Seal Beach is a local government municipality in Orange County and is immediately adjacent
to the San Gabriel River. In order to evaluate the success of work Seal Beach on the San Gabriel River
Trail Enhancement grant program, the following monitoring and assessment plan has been drafted.
1) The City of Seal Beach will provide the State of California Rivers and Mountains
Conservancy with a copy of all documents for review and approval.
2) The City of Seal Beach will provide the RMC with quarterly project reports outlining the
progress that has been made towards completion of project goals.
3) A final report will be compiled including pertinent design, deliverables, quarterly reports.
4) The RMC will be invited to participate in any outreach, advisory and/or stakeholders groups
formed for this project.
Agreement Number: RMC3573
GRANT AGREEMENT
RIVERS AND MOUNTAINS CONSERVANCY (RMC)
State of California—The Resources Agency
GRANTEE City of Seal Beach
PROJECT TITLE San Gabriel River Trail Enhancements Development
PERFORMANCE PERIOD January 1, 2006 through Dec. 31, 2008
Under the terms and conditions of this Agreement.the Grantee agrees to complete the Project as described in the project description,and the
State of California, through its Executive Officer of the Rivers and Mountains Conservancy pursuant to the Clean Water, Clean Air, Safe
Neighborhood,and Coastal Protection Bond Act of 2002(Proposition 40).agrees to fund the Project
PROJECT DESCRIPTION
Amends Exhibit A,Tasklist and Timeline, extending performance period to July 31,2010. Amends Exhibit B, Budget,and
Exhibit C, Monitoring and Assessment.
TOTAL GRANT AMOUNT NOT TO EXCEED $2,000,000.00
The General and Special Provisions attached are made a part of and incorporated into the Agreement
GRANTEE: GRANTOR:
City of Seal Beach RIVERS AND MOUNTAINS CONSERVANCY
STATE OF CALIFORNIA
City Hall-211 Eighth Street 100 Old San Gabriel Canyon Road
Seal Beach CA. 90740 Azusa, CA 91702
I3Y(AUTHORIZED SIGNATURE) BY(AUTHORIZED SIGNATURE)
ewe PRINTED NAME TITLE OF P SON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING
David Carmany, City Manager Belinda V. Faustinos, Executive Officer
DATE SIGNED DATE SIGNED
CERTIFICATION OF FUNDING (FOR STATE USE ONLY)
AMOUNT OF GRANT AGREEMENT NUMBER. FUND—6029
$2,000,000.00 RMC 3573 California Clean Water,Clean Air,
ADJ. INCREASING ENCUMERANCE APPROPRIATION Safe Neighborhood Parks,and Coastal
Protection Bond Act
ADJ. DECREASING ENCUMBERANCE FUNCTION
TOTAL GRANT AMOUNT LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL
$2,000.000.00 3825-301-6031010 171 2005 YEAR
06/07
T.B.A. NO. Q.R.NO. INDEX OBJ. EXPEND PCA PROJECT/WORK
L120 418 30111 PHASE
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
SIGNATURE OF ACCOUNTING OFFICER DATE
Page I of 36
• •
Agra"'IneutNumber: RMC3573
GRANT AGREEMENT
RIVERS AND MOUNTAINS CONSERVANCY (RMC)
• . State of California—The Resources Agency
GRANTEE City of Seal Beach
PROJECT TITLE _ San Gabriel River Trail Enhancements Development
PERFORMANCE PERIOD January I, 2006 through Dec. 31, 2008
Under the terms and conditions of this Agreement,the Grantee agrees to complete the Project as described in the project description.and the
State of California, through its Executive Officer of the Rivers and Mountains Conservancy pursuant to the Water Security, Clean Drinking
Water.Coastal and Beach Protection Bond Act of 2002(Proposition 50).agrees to Find the Project up to the Grant Amount.
PROJECT DESCRIPTION
The project will restore the existing San Gabriel River Trail and the trailside facilities from the I"street Parking Lot to Marina Drive and
Upgrade the site to feature new amenities.The restoration will include interpretive, wayfinding and regulatory signage.
Project is carried out in conformance with the Tasklist and Timeline attached as Exhibit A,the I3udget attached as Exhibit 13,and the
Monitoring and Assessment Plan attached as Exhibit C(herein after referred to as the"Work Plan"and all Agreement Provisions as stated
herein.
TOTAL GRANT AMOUNT NOT TO EXCEED $500,000.
The General and Special Provisions attached are made a part of and incorporated into the Agreement
GRANTEE: GRANTOR:
City of Seal Beach RIVERS AND MOUNTAINS CONSERVANCY
STATE OF CALIFORNIA
City Hall-211 Eighth Street 900 South Fremont Avenue, Annex, 2od Floor
Seal Beach CA. 90740 Alhambra, CA 91802
BY(AUTHORIZED SI_ GD{@'[U BY( UTHORIZED
•
PRINTED NAME AND TITLE OF PERSON IGNING PRINTED NAME AND TITLE OF PERSON SIGNING
City Manager Belinda V. Faustinos, Executive Officer
DA'Z'E SIGNED DATE SIGNED
/1/)P/07
CERTIFICATION OF FUNDING (FOR STATE USE ONLY)
AMOUNT OF GRANT AGREEMENT NUMBER. FUND-6031
5500,000 RMC 3573 Water Security, Clean Drinking Water,
ADJ. INCREASING ENCUMERANCE APPROPRIATION Coastal and Beach Protection Bond Act
of 2002
ADJ. DECREASING ENCUMBERANCE FUNCTION
TOTAL GRANT AMOUNT LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL
S500,000 3825-301-6031010 2005 YEAR
tl 2006 ore,?
T.B.A.NO. B.R. NO. INDEX OBI. EXPEND PCA 3009 PROJECT/WORK
L120 418 -3 PHASE
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
SIGNATURE OF ACCOUNTING OFFICER • DATE >
e t7 di>r _ ? /0d'
Page 1 of 36
•
J
•
Agreement Number: RMC3573
GRANT AGREEMENT- AMENDMENT NUMBER ONE
RIVERS AND MOUNTAINS CONSERVANCY (RMC)
State of California—The Resources Agency
GRANTEE City of Seal Beach
PROJECT TITLE San Gabriel River Trail Enhancements Develo.ment
PERFORMANCE PERIOD Janua 1, 2006 throu_h Jul 31, 2010
Under the terms and conditions of this Agreement, the Grantee agrees to complete the Project as described in the project
description, and the State of California, through its Executive Officer of the Rivers and Mountains Conservancy pursuant to
the Clean Water,Clean Air, Safe Neighborhood, and Coastal Protection Bond Act of 2002(Proposition 40),agrees to fund the
Project.
PROJECT DESCRIPTION
Amends Exhibit A,Tasklist and Timeline,extending performance period to July 31, 2010.Amends Exhibit B, Budget, and
Exhibit C,Monitoring and Assessment.
TOTAL GRANT AMOUNT NOT TO EXCEED $2,000,000.00
The General and Special Provisions attached are made a part of and incorporated into the Agreement
GRANTEE: GRANTOR:
City of Seal Beach RIVERS AND MOUNTAINS CONSERVANCY
STATE OF CALIFORNIA
City Hall-211 Eighth Street 900 South Fremont Avenue, Annex, 2nd Floor
Seal Beach CA. 90740 Alhambra, CA 91802
BY(AU FHORIZED GNA TURF) ny)cri ��TN
PRINTED NAME AND rl PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING
David Carmany,City Manager Belinda V. Faustinos, Executive Officer
DATE SIGNED DATE SIGNED
4h-gox •
CERTIFICATION OF FUNDING (FOR STATE USE ONLY) •
AMOUNT OF GRANT AGREEMENT NUMBER. FUND-6029
S:300,000.00 RMC 3573 California Clean Water, Clean Air,
DJ. INCREASING ENCUMERANCE APPROPRIATION Safe Neighborhood Parks, and Coastal
11, 500 • ooO• oO Protection Bond Act
ADJ. DECREASING ENCUMBERANCE FUNCTION
TOTAL GRANT AMOUNT LINE ITEM ALLOTMENT CHAPTER. STATUTE FISCAL
$2,000,000.00 3825-301-66° 7on, . 211115 YEAR
3}/ ajDa ffit69 c97 o2
T.B.A. NO. B.R. NO. INDEX OBJ. EXPEND PCA PROJECT/WORK
L120 418 30111 PHASE
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
SIGNATURE OF ACCOUNTING OFFICER DATE
•
CU/Atli 3 /9--/0?
Page 1 of 36
Agreement Number: RMC3573 • •
GRANT AGREEMENT
RIVERS AND MOUNTAINS CONSERVANCY (RMC)
State of California—The Resources Agency
TERMS AND CONDITONS OF GRANT
The Grantee shall be responsible for the performance of the work as set forth herein below and for the
preparation of products and reports as specified in this Agreement. The grantee's Project
Representative shall promptly notify the State of events or proposed changes that could affect the
Work Plan under this Agreement.
Special Provisions
I. Grantee shall complete all work in accordance with an approved Work Plan which will be
included in this Agreement as Exhibit A "Tasklist and Timeline," Exhibit B "Budget," and
Exhibit C "Monitoring and Assessment Plan.
2. If the Project includes acquisition of real property:
a. As conditions precedent to the State's obligation to deposit the Grant Amount in escrow,
the Grantee shall submit to the State an appraisal for review and approval in writing by the
Department of General Services (DGS) of all documents pertaining to the Real Property
appraisals and property transaction, and provide copies to the State. The Grantee shall be
required to establish a billing account with the Department of General Services for this
purpose.
b. A Memorandum of Unrecorded Grant Agreement, Exhibit D must be recorded by the
Grantee to provide notice of this Agreement between the Grantee and the San Gabriel and
Lower Los Angeles Rivers and Mountains conservancy.
3. If the Project includes development, landscaping and/or planting:
a. The Grantee shall include a representative of the State on the selection panel for
contracted services.
b. The Grantee shall submit a Project Development Plan, Exhibit E, in accordance with
RMC General Policies, Exhibit F, to the State for approval prior to the solicitation of a
subcontractor or awarding of a bid for services.
4. Grantee agrees to certify that the Project is consistent with local zoning.
5. Grantee agrees to consult with, and be consistent with, local or regional planning criteria
approved by agencies within the project jurisdiction, such as master plans or watershed
management plans unless such plans are inconsistent with the approved Work Plan.
6. Grantee agrees to include active stakeholder participation in the planning and monitoring and
assessment process.
7. Rights in Data: The 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 Agreement are subject to the rights of the State as set forth in this
section. The State shall have the right to reproduce, publish, and use all such work, or any
part thereof, in any manner and for any purposes whatsoever and to authorize others to do so.
Page 2 of 36
?
?, ).71333';
4a n n A A 9 M. > g5 F ,2 nl A nr ;o =
v 3 b 3 3 3'. a i £ °mE, 6 t r;.'. F F I 3 e.-1 g .g
h o ; ' 23 m o- o
' Fie 2
3- a '° 3 m
- F i
I
I ' " 3 3 3 3 3 3 3 3 3. 8, 3 3 3 3 3 g 3 j 330_
13 13 3 A 3 9 9
�
y E. F. y ; 3 ;,, 0 3 3'. g cl g 3 3. o'' .,y
W.'
3 a i m E m . o m w' w a it m mig . u m g,'. m m m 2 V
5 o e
m 7 E,
; 2o F iol g 3 rr'L=.•
o'.8.o m o. 6' $, m. m' m m cI m S'm m 8 e
l 1
°I
z
3
.2 _ _ ri m
;,,l D
i' ll 1 I Iil 1
N
Jo
II I s a
n
r m
rf
I, a '_ p _
p £ o ! I$
c
CD ' :Tic I
P1 3 vl
a4 °n al
p ° 3
O � °n
5 m £ R;
' - a
S Is
6' .3 G
D
• g dI
a
9 O
8 m , , im
m , a €I
5
Z2- -- ' o
D s
,le el
of
9 •
L A W m o -I
.9. y - -Ix oo g DD n * ("n5. T 3w 3
^g d mN t p Q x co m = =eD O c a m o u . 5 . =3 E O m ^ E a3 m m < m O &.'o. O g.o n m o _. o w n m 23 '' 3
x D = e e o d
n n 0 a y
o: aa8 , o° u 3 n a
a - n a5 o v
3 U p ' J < S.
d O CO CO ry
p j. 3 p E E
co 0
N
o
d_
O
N
N
3
11
N
D
F,
N
= O
re g
I I a
111
11 1112
11 III °
III 111 m ,
111 can s 0
111 IIIP Q
111 111E , m
III 11 ER d z R.
1 I 1 HI Ecco
I 1 I II = " -. '
u m
I 13 °
CD• 0
I Na 2 - N
• 3
111 A
m
7
I 11 I
1 I1 1
1 I
i 1
I
pi
>
7.
11
I
to
I
1 I
11
115 °
III I
11 I °
I1 1
11 1
11 1 o
1a 1 3.
N
0
• N
D
N
O
E
0