HomeMy WebLinkAbout2005 CON State Coastal Conservancy - Grant Paradise CreekCoastal
Conservancy
December 09, 2005
Chris Zapata, City Manager
City of National City
1243 National City Boulevard
National City, CA 91950
Subject: Designation of Conservancy Project
Dear Mr. Zapata:
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Manager/Grant Agreement No. 05-018 9 I )
The agreement mentioned above requires that I name someone to serve as the Executive
Officer's designee. 1 have selected Deborah Ruddock for this role.
1 have enclosed a signed copy of the agreement. i look forward to our continued work together
on this project.
Sincerely,
Sahel Schuchat
Executive Officer
SS:lm
Enclosure
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1330 Broadway, 11 th floor
Oakland, California 94612-2530
510.286.1015 Fax:510.286.0470
C. a 1 i for n i a S t o t ' e Co as t al C o u s e r v an c y
STANDARD AGREEMENT
STD. t #REv.541
rk
THIS AGREEMENT, made and entered 6uo this 2 " day of Sep io"' `r 2005
APPROVED BY THE
ATTORNEY GENERAL
TA70'ATflta iEOFRAL ENFLOYER
95-6000749
it the State of California, by and between State of California, through its duly elected cc appointed, qualified and acting
Tm.E OF OFFICER ACTING FOR STATE AGENCY Executive Officer State Coastal Conservancy
, hereafter called the State, an
City of National City , hereafter eafed the Contract
WIiNESSEIH: That the Contractor for and in consideration of the covenants, conditions. agrecntems, and stipulations of the State hereinafter =pram
does hereby agree to furnish to the State services and materials u follows. (Set forth service to be rendered by Contractor. amount to be paid Contract
time for performance or completiof, and attach plans and specifications. zany)
SCOPE OF AGREEMENT
Pursuant to Chapter 6 of Division 21 of the California Public Resources Code, the State
Coastal Conservancy ("the Conservancy") hereby"grants to the City of National City
("the grantee") a sum not to exceed five hundred thousand dollars ($500,000), subject to
the terms and conditions of this agreement. The grantee shall use the funds to complete
the following project ("the project") at Paradise Creek in National City, San Diego
County, as shown on Exhibit A, which is incorporated by reference and attached.
The grantee shall complete the Paradise Creek Educational Park project, including
construction of an outdoor learning lab, boardwalk and creek -side trail and riparian
wetland enhancement. The wetland enhancement may require contaminated soil
removal for portions of the project site to implement the Paradise Creek
Enhancement Plan, as approved by the Conservancy on June 25, 2001.
(Continued on following pages)
CONT)NUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
Ilse provisions on the reverse -side hereof constitute a part of this agreement_
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto: upon the date first above written.
STATE OF CALIFORNIA.
CONTRACTOR
AGENCY
State' Coasts Conservancy
CONTRACTOR fit aArOwn i.ANA AN& 0a4
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City of N1tlional City{
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Saakuel Schuchat
PR011E0 NRfiE ANO TITLE OF SIGNNG
Chris Zapata,y Manager
TmE
Executive Officer
Ao0AESS1243 National .City Boulevard
National City] CA 91950
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bect$500u 000.00
MOGRAMCATEGORY Ica% MIGTI
+Capital Outlay
FUND -TITLE
Water Security...
Daparinaimblib v aaiS1lvOCia
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n Certify that this grant agreement/
exempt from
Om
t7epartmert of Genera! Services approval.
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INVORNtrxMrENcimBE E4FOR
THIS CONTRACT
Paradise Creek Interpretive
Center
-0
$
ITEM
3760-301-6031(0.5)(B)-
CKAPTER
208
STATUTE
2004
FISCAL YEAR
04/05
TOTAL AMOUNT ENCUMBERED
DAB
$500,000.00
OBJECT OF EXP8 I1URE(CODE MID TITLE)
Resource Enhancement, Public Access
f hereby certify upon my o..m•pensona knowiedge that budgeted binds
am eyaiiable to the period and pat poee of the expenditure stated above.
T.BA NO.
B.R. NO.
°"� 07728 vs
City of National City
Grant Agreement No. 05-018
Page 2
SCOPE OF AGREEMENT (Continued)
The grantee shall carry out the project in accordance with this agreement and a work
program. The grantee shall provide any funds beyond those granted under this agreement
that are needed to complete the project.
CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT
The grantee shall not commence construction of the project and the Conservancy shall
not be obligated to disburse any funds unless and until the following conditions precedent
have been met:
1. A resolution has been adopted by the City Council of the grantee authorizing the
execution of this agreement and approving its terms and conditions.
2. The Executive Officer has approved in writing:
a. The work program for the project.
b. Plans for the erection of signs and placards as provided in the "SIGNS" section of
this agreement.
c. All contractors that the grantee intends to employ in connection with the project.
The grantee must provide written evidence to the Conservancy that each
contractor has complied with the bonding requirements described in the
"BONDING" section of this agreement.
3. Written evidence has been provided to the Conservancy:
a. That all permits and approvals necessary to the completion of the project under
applicable local, state and federal laws and regulations have been obtained.
b. That the grantee has provided for liability insurance and an additional insured
endorsement, or is appropriately self -insured, as described in the "INSURANCE"
section of this agreement.
Notwithstanding the above, the grantee may commence preparation of plans,
specifications and engineering work upon meeting conditions precedent no. 1 and
upon the Executive Officer's review and approval of a separate work program (tasks,
budget and timeline) and approval of any contractors that the grantee will retain to
perform the work.
City of National City
Grant Agreement No. 05-018
Page 3
TERM OF AGREEMENT
This agreement shall be deemed executed and effective when signed by both parties and
received in the offices of the Conservancy together with the resolution described in the
"CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT" section
of this agreement. An authorized representative of the grantee shall sign the first page of
the originals of this agreement in ink.
This agreement shall run from its effective date through June 30, 2026 ("the termination
date") unless otherwise terminated or amended as provided in this agreement. However,
all work shall be completed by March 31, 2006 ("the completion date"), and all invoices
must be received before March 25, 2009.
AUTHORIZATION
The signature of the Executive Officer of the Conservancy on this agreement certifies
that at its June 16, 2005 meeting, the Conservancy adopted the resolution included in the
staff recommendation attached as Exhibit B. This agreement is executed pursuant to that
authorization.
City of National City
Grant Agreement No. 05-018
Page 4
Standard Provisions
WORK PROGRAM
Before beginning construction, the grantee shall submit a detailed work program to the
Executive Officer for review and written approval of its consistency with this agreement.
The work program shall include:
1. Construction plans and specifications that have been certified by a registered architect
or engineer, or approved by the grantee's Public Works Director.
2. A schedule of completion for the project specifically listing the completion date for
each project component and a final project completion date.
3. A detailed project budget. The project budget shall describe all labor and materials
costs to be incurred to complete each component of the project. For each project
component, the project budget shall list all intended funding sources, including the
Conservancy's grant, the grantee's required contribution and all other sources of
monies, materials, or labor. The grantee shall review the plans on -site with
Conservancy staff.
Many portion of the construction to be funded under this agreement will be performed by
third parties ("contractors") under contract with the grantee, then, prior to initiating any
request for contractor bids, the grantee shall submit for review and written approval of
the Executive Officer the bid package, including construction plans and specifications
that have been certified or approved as described above. Upon approval by the Executive
Officer, the grantee shall proceed with the bidding process. Prior to final selection, the
grantee shall submit to the Executive Officer for written approval the names of all
contractors that the grantee intends to hire. The grantee shall comply with the above
paragraph regarding submission and approval of a work program prior to construction.
The grantee shall construct the project in accordance with the approved work program.
The work program may be modified without amendment of this agreement upon the
grantee's submission of a modified work program and the Executive Officer's written
approval of it. However, if this agreement and the work program are inconsistent, the
agreement shall control.
SIGNS
The grantee shall erect signs acknowledging Conservancy assistance and displaying the
Conservancy's logo, unless the grantee incorporates this acknowledgement into other
signs in a manner approved by the Executive Officer. The Conservancy shall provide
City of -National City
Grant Agreement No. 05-018
Page 5
SIGNS (Continued)
specifications for the Conservancy signs and logo to the grantee for this purpose. Plans
describing the number, design, placement, and wording of the signs shall be submitted to
the Conservancy for review and written approval prior to the installation of the signs.
The Conservancy may withhold the final disbursement pending placement of the signs in
the manner approved by the Conservancy.
BONDING
If the grantee intends to use any contractor(s) on any portion of the project to be funded
under this agreement, construction shall not begin until each such contractor has
furnished a performance bond in favor of the Conservancy and the grantee, in the
following amounts: for faithful performance, one hundred percent (100%) of the contract
value; and for labor and materials, one hundred percent (100%) of the contract value.
This requirement shall not apply to any contract for less than $20,000.
COSTS AND DISBURSEMENTS
Upon determination by the Conservancy that all "CONDITIONS PRECEDENT TO
CONSTRUCTION AND DISBURSEMENT" have been fully met, the Conservancy shall
disburse to the grantee, in accordance with the approved project budget, a total amount
not to exceed the amount of this grant, as follows:
Disbursements shall be made on the basis of costs incurred to date, less ten percent, upon
satisfactory progress in accordance with the approved work program and upon the
grantee's submission of a "Request for Disbursement" form, which shall be submitted no
more frequently than monthly but no less frequently than quarterly. Disbursement of the
ten percent withheld shall be made upon the grantee's satisfactory completion of
construction of the project and compliance with the "PROJECT COMPLETION" section,
and upon the Conservancy's acceptance of the project.
The grantee shall request disbursements by filing with the Conservancy fully executed
"Request for Disbursement" forms (available from the Conservancy). The grantee shall
include in the forms its name and address, the number of this agreement, the date of the
submission, the amount of the invoice, the period during which the work was actually
done, and an itemized description, including time, materials, and expenses incurred, of all
work done for which disbursement is requested. The forms shall also indicate cumulative
expenditures to date, expenditures during the reporting period, and the unexpended
balance of funds under the grant agreement.
City of National City
Grant Agreement No. 05-018
Page 6
COSTS AND DISBURSEMENTS (Continued)
An authorized representative of the grantee shall sign the forms. Each form shall be
accompanied by:
1. All receipts and any other source documents for direct expenditures and costs that the
grantee has incurred.
2. Original invoices from contractors that the grantee engaged to complete any portion
of the work funded under this agreement and any receipts and any other source
documents for costs incurred and expenditures by any such contractor, unless the
Executive Officer makes a specific exemption in writing.
3. Written substantiation of completion of the portion of the project for which the
grantee is requesting disbursement.
With each form, the grantee shall submit a supporting progress report summarizing the
current status of the project and comparing it to the status required by the work program
(budget, timeline, tasks, etc.). Failure to fully execute and submit a Request for
Disbursement form, including attachment of supporting documents, will relieve the
Conservancy of its obligation to disburse funds to the grantee unless and until all
deficiencies are rectified.
The Conservancy will reimburse travel and other expenses necessary to complete the
project, if these expenses are reasonable in nature and amount, taken into consideration
the project and its location, and if those expenses are documented by receipts.
Reimbursement for operating a private vehicle shall not exceed $0.34 mile.
EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG
BUDGET ITEMS
The grantee shall expend funds in the manner described in the approved project budget.
The allocation of the Conservancy's total grant among the items in the project budget
may vary by as much as ten percent without approval by the Executive Officer. Any
difference of more than ten percent must be approved in writing by the Executive
Officer. The Conservancy may withhold payment for changes in particular budget items
which exceed the amount allocated in the project budget by more than ten percent and
which have not received the approval required above. The total amount of this grant may
not be increased except by amendment to this agreement. Any increase in the funding for
any particular budget item shall mean a decrease in the funding for one or more other
budget items unless there is a written amendment to this agrcement.
City of National City
Grant Agreement No. 05-018
Page 7
PROJECT COMPLETION
Within ninety days of completion of construction of the project, the grantee shall supply
the Conservancy with evidence of completion by submitting a final report that includes:
1. An inspection report by a registered architect or engineer or the grantee's Public
Works Director certifying completion of the project according to the approved work
program.
2. A fully executed final "Request for Disbursement" form.
3. "As built" drawings of the completed project and signage.
Within thirty days of grantee's compliance with this paragraph, the Conservancy shall
determine whether the project has been satisfactorily completed. If the Conservancy
determines that the project has been satisfactorily completed, the Conservancy shall issue
to the grantee a letter of acceptance of the project. The project shall be deemed complete
as of the date of the letter of acceptance.
EARLY TERMINATION AND FAILURE TO PERFORM
Prior to the completion of construction of the project, either party may terminate this
agreement for any reason by providing the other party with seven days notice in writing.
If the Conservancy terminates the agreement prior to the completion of construction, the
grantee shall take all reasonable measures to prevent further costs to the Conservancy
under this agreement, and the Conservancy shall be responsible for any reasonable and
non -cancelable obligations incurred by the grantee in the performance of this agreement
prior to the date of the notice to terminate, but only up to the undisbursed balance of
funding authorized in this agreement.
If the grantee fails to complete the project in accordance with this agreement, or fails to
fulfill any other obligations of this agreement prior to the termination date, the grantee
shall be liable for immediate repayment to the Conservancy of all amounts disbursed by
the Conservancy under this agreement plus accrued interest. The Conservancy may, at its
sole discretion, consider extenuating circumstances and not require repayment for work
partially completed. This paragraph shall not be deemed to limit any other remedies the
Conservancy may have for breach of this agreement.
City of National City
Grant Agreement No. 05-018
Page 8
OPERATION AND MAINTENANCE
The grantee shall maintain and operate the project throughout the term of this agreement,
consistent with the purposes for which the Conservancy's grant was made, i.e., public
access, wetland enhancement and outdoor leasing. The grantee assumes all operation and
maintenance costs of these facilities and structures; the Conservancy shall not be liable
for any cost of such maintenance, management, or operation. The grantee may be
excused from its obligations for operation and maintenance during the term of this
agreement only upon the written approval of the Executive Officer.
For purposes of this agreement, "operation costs" include direct costs incurred for
material and labor needed for operations, utilities, insurance, and similar expenses.
"Maintenance costs" include ordinary repairs and replacements of a recurring nature
necessary to prolong the life of capital assets and basic structures, and the expenditure of
funds necessary to replace or reconstruct capital assets or basic structures.
MITIGATION
Without the written permission of the Executive Officer, the grantee shall not use or
allow the use for mitigation (in other words, to compensate for adverse changes to the
environment elsewhere) of any portion of real property on which the Conservancy has
funded construction. If approved by the Executive Officer, all funds generated in
connection with any authorized or allowable mitigation on the real property shall be
remitted promptly to the Conservancy until the Conservancy has been fully paid for all of
its past, present, and future costs with respect to the real property, including, without
limitation, staff, planning, development, restoration, operation and maintenance, and
monitoring costs, and acquisition costs at fair market value as of the time mitigation is to
begin.
INSPECTION
Throughout the term of this agreement, the Conservancy shall have the right to inspect
the project area to ascertain compliance with this agreement.
LIABILITY
The grantee shall be responsible for, indemnify and save harmless the Conservancy, its
officers, agents and employees from any and all liabilities, claims, demands, damages or
costs resulting from, growing out of, or in any way connected with or incident to this
City of National City
Grant Agreement No. 05-018
Page 9
LIABILITY (Continued)
agreement, except for active negligence of the Conservancy, its officers, agents or
employees. The duty of the grantee to indemnify and save harmless includes the duty to
defend as set forth in Civil Code Section 2778. This agreement supersedes the grantee's
right as a public entity to indemnity (see Gov. Code Section 895.2) and contribution (see
Gov. Code Section 895.6) as set forth in Gov. Code Section 895.4.
The grantee waives any and all rights to any type of express or implied indemnity or right
of contribution from the State, its officers, agents or employees, for any liability resulting
from, growing out of, or in any way connected with or incident to this agreement.
INSURANCE
Throughout the term of this agreement, the grantee shall procure and maintain insurance,
as specified in this section, against claims for injuries to persons and damage to property
that may arise from or in connection with any activities of the grantee or its agents,
representatives, employees, or contractors associated with the project undertaken
pursuant to this agreement. As an alternative, with the written approval of the Executive
Officer, the grantee may satisfy the coverage requirement in whole or in part through: (a)
its contractors' procurement and maintenance of insurance for work under this
agreement, if the coverage otherwise fully satisfies the requirements of this section; or (b)
the grantee's participation in a "risk management" plan, self insurance program or
insurance pooling arrangement, or any combination of these, if consistent with the
coverage required by this section.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
a. insurance Services Office ("ISO") Commercial General Liability coverage
(occurrence Form CG 0001). Broad Form Comprehensive General Liability
endorsement required with ISO Comprehensive General Liability form (1973) or
comparable.
b. Automobile Liability coverage - ISO Form Number CA 0001, Code 1 (any auto).
c. Workers' Compensation insurance as required by the Labor Code of the State of
California.
d. Course -of -construction insurance covering all risks of loss. (Any proceeds of
loss payable under this coverage shall be used to replace, rebuild or repair the
City of National City
Grant Agreement No. 05-018
Page 10
INSURANCE (Continued)
damaged portions of the facilities and structures constructed under this
agreement.)
e. Property insurance covering the loss, damage, or destruction of the facilities or
structures constructed under this agreement against fire and extended coverage
perils. (Any proceeds of loss payable under this coverage shall be used to replace,
rebuild and/or repair the damaged portions of the facilities and structures
constructed pursuant to this agreement.)
2. Minimum Limits of Insurance. Grantee shall maintain coverage limits no less than:
a. General Liability:
(Including operations,
products and completed
operations, as applicable)
b. Automobile Liability:
c. Course of Construction:
d. Property Insurance
$1,000,000 per occurrence for bodily injury,
personal injury and property damage. If
commercial general liability insurance or other
form with a general aggregate limit is used, either
the general aggregate limit shall apply separately
to the activities under this agreement, or the
general aggregate limit shall be twice the required
occurrence limit.
$1,000,000 per accident for bodily injury and
property damage.
Completed value of the project with no
coinsurance penalty provisions.
90 percent of full replacement cost of the facilities
or structures.
3. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions
must be declared to and approved by the Executive Officer.
4. Required Provisions. Each insurance policy required by this section shall be
endorsed to state that coverage shall not be canceled by either party, except after
thirty days' prior written notice by certified mail, return receipt requested, has been
given to the Conservancy. The general liability and automobile liability policies arc
to contain, or be endorsed to contain, the following provisions:
City of National City
Grant Agreement No. 05-018
Page 11
INSURANCE (Continued)
a. The State of California, its officers, agents, employees, and volunteers are to be
covered as insureds with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the grantee; and with respect to
liability arising out of work or operations performed by or on behalf of the grantee
including materials, parts or equipment furnished in connection with such work or
operations.
b. For any claims related to this agreement, the grantee's insurance coverage shall be
primary insurance as respects the State of California, its officers, agents and
employees.
c. Coverage shall not extend to any indemnity coverage for the active negligence of
the additional insured in any case where an agreement to indemnify the additional
insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
5. Acceptability of Insurers. Insurance shall be placed with insurers admitted to
transact business in the State of California and having a Best's rating of `B+" or
better or, in the altemative, acceptable to the Conservancy and approved in writing
by the Executive Officer.
6. Verification of Coverage. The grantee shall furnish the Conservancy with original
certificates and amendatory endorsements effecting coverage required by this clause.
All certificates and endorsements are to be received and approved by the Executive
Officer before work commences. The Conservancy reserves the right to require
complete, certified copies of all required insurance policies, including endorsements
effecting the coverage, at any time.
7. Contractors. The grantee shall include all contractors as insureds under its policies
or shall require each contractor to provide and maintain coverage consistent with the
requirements of this section. To the extent generally available, grantee shall also
require each professional contractor to provide and maintain Errors and Omissions
Liability insurance appropriate to the contractor's profession and in a reasonable
amount in light of the nature of the project.
8. Premiums and Assessments. The Conservancy is not responsible for premiums and
assessments on any insurance policy.
001.
City of National City
Grant Agreement No. 05-018
Page 12
AUDITS/ACCOUNTING/RECORDS
The grantee shall maintain financial accounts, documents, and records (collectively,
"records") relating to this agreement, in accordance with the guidelines of "Generally
Accepted Accounting Principles" ("GAAP") published by the American Institute of
Certified Public Accountants. The records shall include, without limitation, evidence
sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds
related to the construction of the project, and the use, management, operation and
maintenance of the real property. Time and effort reports are also required. The grantee
shall maintain adequate supporting records in a manner that permits tracing from the
request for disbursement forms to the accounting records and to the supporting
documentation.
Additionally, the Conservancy or its agents may review, obtain, and copy all records
relating to performance of the agreement. The grantee shall provide the Conservancy or
its agents with any relevant information requested and shall permit the Conservancy or its
agents access to the grantee's premises upon reasonable notice, during normal business
hours, to interview employees and inspect and copy books, records, accounts, and other
material that may be relevant to a matter under investigation for the purpose of
determining compliance with this agreement and any applicable laws and regulations.
The grantee shall retain the required records for a minimum of three years following the
later of final disbursement by the Conservancy, and the final year to which the particular
records pertain. The records shall be subject to examination and audit by the
Conservancy and the Bureau of State Audits during the retention periods.
If the grantee retains any contractors to accomplish any of the work of this agreement, the
grantee shall first enter into an agreement with each contractor requiring the contractor to
meet the terms of this section and to make the terms applicable to all subcontractors.
The Conservancy may disallow all or part of the cost of any activity or action that it
determines to be not in compliance with the requirements of this agreement.
COMPUTER SOFTWARE
The grantee certifies that it has instituted and will employ systems and controls
appropriate to ensure that, in the performance of this agreement, state funds will not be
used for the acquisition, operation or maintenance of computer software in violation of
copyright laws.
6413,:t.
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Jones, Roach & Caringella, Inc.
COASTAL CONSERVANCY
Staff Recommendation
June 16, 2005
PROPOSITION 50 NATURE SCIENCE CENTERS:
PARADISE CREEK EDUCATIONAL PARK
IMPLEMENTATION
File No. 04-050
Project Manager: Deborah Ruddock
RECOMMENDED ACTION: Authorization to disburse up to $500,000 to the City of
National City to complete the Paradise Creek Educational Park project, including
construction of an outdoor learning lab, boardwalk and creek -side trail and riparian
wetland enhancement, including limited contaminated soil removal for associated
portions of the project site to implement the Paradise Creek Enhancement Plan, approved
by the Conservancy on June 25, 2001.
LOCATION: West side of Paradise Creek, City of National City, San Diego County
(Exhibit 1)
PROGRAM CATEGORY: Coastal Resource Enhancement
EXHIBITS
Exhibit 1: Project Location and Site Map
Exhibit 2: June 25, 2001 Staff Recommendation
Exhibit 3: Creek Photo
Exhibit 4: Concept Plan Illustration
Exhibit 5: Letters of Support
RESOLUTION AND FINDINGS:
Staff recommends that the State Coastal Conservancy adopt the following resolution
pursuant to Sections 31251-31270 of the Public Resources Code:
"The State Coastal Conservancy hereby authorizes disbursement of an amount not to
exceed five hundred thousand dollars ($500,000) to the City of National City (the "City")
to complete the Paradise Creek Educational Park project, including construction of an
outdoor learning lab, boardwalk and creek -side trail and riparian wetland enhancement,
with limited contaminated soil removal for associated portions of the project site to
EXHIBITS
PARADISE CREEK EDUCATIONAL PARK
implement the Paradise Creek Enhancement Plan, approved by the Conservancy on June
25, 2001. This authorization is subject to the following conditions:
1. Prior to the disbursement of any funds, the City shall submit for the review and
approval of the Executive Officer of the Conservancy a work program, including
scope of work, written budget and schedule; a sign program; and the names of any
contractors it intends to use to conduct the project.
2. The City shall erect and maintain a sign which acknowledges the Conservancy's
funding assistance on the project."
Staff further recommends that the Conservancy adopt the following findings:
"Based on the accompanying staff report and attached exhibits, the State Coastal
Conservancy hereby finds that:
1. The proposed authorization is consistent with Public Resources Code Sections 31251-
31270, regarding the Conservancy's mandate to protect and enhance natural
resources.
2. The proposed project is consistent with the Project Selection Criteria and Guidelines
adopted by the Conservancy on January 24, 2001."
PROJECT SUMMARY:
Staff is recommending that the Conservancy provide a grant of $500,000 to the City of
National City to complete the Paradise Creek Educational Park project, including
construction of an outdoor learning lab, boardwalk and creek -side trail and riparian
wetland enhancement, including limited contaminated soil removal for associated
portions of the project site to implement the Paradise Creek Enhancement Plan, approved
by the Conservancy on June 25, 2001. This project would be the third City project funded
by the Conservancy; the former two projects were preparation of the Paradise Creek
Enhancement Plan in 1999 and the approval of and funding for implementation of the
Paradise Creek Enhancement Plan in 2001.
The anticipated source of funding is an appropriation to the Conservancy pursuant to
Section 79571 (b) of the "Water Security, Clean Drinking Water, Coastal and Beach
Protection Act of 2002" (Division 26.5 of the Public Resources Code, Proposition 50).
Section 79571 of Chapter 10 (Coastal Watershed and Wetland Protection) directs that
10% of the Proposition 50 funds allocated to the Conservancy for coastal watershed
protection be used "for the acquisition and development of facilities to promote public
access to and participation in the conservation of land, water, and wildlife resources".
Subsection (b) identifies eligible projects as "[n]ature centers that are in or adjacent to
watersheds and wetlands identified for protection...that provide viewing, outdoor
experiences, and conservation education programs to the public and students...[with]
priority to projects that are operated by or in cooperation with nonprofit organizations
and are designed to serve children from urban areas that lack access to natural areas of
outdoor programs."
2
PARADISE CREEK EDUCATIONAL PARK
The Paradise Creek project is a nature center that will serve students, residents and
visitors in heavily urbanized National City, a diverse community of 54,260 persons
located south and east of San Diego, north of Chula Vista and west of San Diego Bay
(Exhibit 1). The project will enhance existing nature study and creek stewardship
activities by constructing an outdoor learning lab featuring a partially covered
amphitheater, raised connecting boardwalk and a decomposed granite creek -side trail. In
addition, this project will complement the restoration project approved by the
Conservancy in 2001, which involves the restoration of approximately 0.07 acres of
southern coastal salt marsh habitat along the creek, a small remnant of the historic inland
extent of Paradise Marsh; creation of another 0.06 acres of wetland; and planting of
native vegetation (See Exhibit 2 for more details.).
For more than a decade, this stretch of Paradise Creek, degraded by urban land uses, has
been the focus of energetic nature education and community stewardship led by teacher
Margaret Godshalk and her husband Ted, a City planning commissioner (Exhibit 3).
Their activities, including extensive outreach through their non-profit organization
Paradise Creek Educational Park, Inc., have drawn the frequent attention of local and
statewide media and have won them champions among local elected officials, state
legislators, environmental groups, and grant making organizations (See Exhibit 5, Letters
of Support). To date, their collaborative efforts have resulted in completion of the
Conservancy -funded Paradise Creek Enhancement Plan in 2000. A legislative
appropriation to the Coastal Conservancy of $700,000 was the subject of the
Conservancy's June 2001 action to approve and fund the Paradise Creek Enhancement
Plan implementation.
Groundbreaking on the plan implementation has been delayed for the past four years by
the discovery of contaminated soil at the project site. Now, after completing tiered soil
investigations, consultations with the San Diego County Department of Environmental
Health and other regulatory and resource agencies, and development of a limited soil
removal and disposal plan, the City is ready to move forward with the project this coming
summer. To complete the natural and interpretive project elements and help offset the
additional costs associated with implementation of the county approved contaminated soil
removal and disposal work plan, which includes confirmation sampling and
characterization, removal of up to 3,400 cubic yards of contaminated and excess soil, and
preparation and implementation of a construction health and safety plan, the City is
requesting an additional grant of $500,000 from the Conservancy. (See the "Project
Financing" section below for details on other grants sought and received, as well as City
in -kind and cash contributions.).
Site Description: This section remains consistent with the Conservancy's prior
authorization of June 25, 2001 (See Exhibit 2.).
Project History: This section remains consistent with the Conservancy's prior
authorization of June 25, 2001 (See Exhibit 2.).
3
EXHIBIT B
PARADISE CREEK EDUCATIONAL PARK .
PROJECT FINANCING:
Original Construction Project Budget:
$1,217,000
Updated Construction Project Budget:
$1,776,000
Coastal Conservancy
Paradise Creek Enhancement Plan 50,000
interpretive and Resource enhancement elements
June 25, 2001 authorization $ 700,000
Proposed Prop 50 authorization 500,000
SUBTOTAL 1,250,000
City of National City
Other Grant Funding
Recreational park elements
Original 300,000
New 25,000
SUBTOTAL 325,000
County of San Diego 25,000
Community Block Grant 5,000
Enhancement Fund -Supervisor Greg Cox 5,000
SUBTOTAL 35,000
SUBTOTAL CONSERVANCY + CITY + Other Grants 1,560,000
(Not including Enhancement Plan)
Other Grant Funding Requested
Department of Water Resources (May) 350,000
Metropolitan Water District Grant (mid -June) 75,000
City In -Kind
TOTAL 425,000
City land transfer to park use 200,000
Volunteer program coordinator time 12,000
Original 5,000
4
PARADISE CREEK EDUCATIONAL PARK
New
SUBTOTAL
75.000
293,000
The anticipated source of funding for the proposed June 2005 authorization is an
appropriation to the Conservancy pursuant to Section 79571 (b) of the "Water Security,
Clean Drinking Water, Coastal and Beach Protection Act of 2002" (Division 26.5 of the
Public Resources Code, Proposition 50). Section 79571 of Chapter 10 (Coastal
Watershed and Wetland Protection) directs that 10% of Proposition 50 funds allocated to
the Conservancy for coastal watershed protection be used "for the acquisition and
development of facilities to promote public access to and participation in the conservation
of land, water, and wildlife resources". Subsection (b) identifies eligible projects as
"[n]ature centers that are in or adjacent to watersheds and wetlands identified for
protection... that provide viewing, outdoor experiences, and conservation education
programs to the public and students... [w]ith priority to projects that are operated by or in
cooperation with nonprofit organizations and are designed to serve children from urban
areas that lack access to natural areas of outdoor programs."
The source of funding for the Conservancy's 2001 grant of $700,000 was a specific FY
98/99 General Fund appropriation to the Conservancy for the Paradise Creek Educational
Park.
The City has committed to providing in -kind services valued at $293,000. City transfer of
land for park use is valued at $200,000. City staff time represents the balance of $93,000.
CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION:
This section remains consistent with the Conservancy's prior authorization of June 25,
2001 (See Exhibit 2.).
CONSISTENCY WITH CONSERVANCY'S
STRATEGIC PLAN GOAL(S) & OBJECTNE(S):
The proposed project is consistent with Public Access Goal 2, Objective D in that the
project will support a regional environmental center.
The proposed project is also consistent with Coastal Resources Conservation Goal 6,
Objectives A and B in that the project will result in the restoration of approximately 0.07
acres of riparian wetlands in a coastal watershed and creation of 0.06 acres with resulting
downstream coastal water quality benefits.
CONSISTENCY WITH CONSERVANCY'S
PROJECT SELECTION CRITERIA & GUIDELINES:
Required Criteria
5
E&t tBi B
PARADISE CREEK EDUCATIONAL PARK
1. Promotion of the Conservancy's statutory program and purposes: The proposed
authorization is consistent with Chapter 6 of Division 21 of the Public Resources Code
pertaining to coastal resource enhancement. The authorization will assist the
Conservancy in meeting requirements under Sections 31251-31270 by facilitating the
enhancement of creek associated wetland resources, as well as creation of new wetland
habitat, in a stretch of Paradise Creek in close proximity to coastal waters.
2. Consistency with purposes of the funding source: The anticipated source of funding
is an appropriation to the Conservancy pursuant to Section 79571 (b) of the "Water
Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002" (Division
26.5 of the Public Resources Code, Proposition 50). Construction of an outdoor learning
lab is consistent with the funding source in that Section 79571 of Chapter 10 of
Proposition 50 directs that 10% of the Proposition 50 funds allocated to the Conservancy
for coastal watershed protection be used "for the acquisition and development of facilities
to promote public access to and participation in the conservation of land, water, and
wildlife resources". The natural project elements, wetland restoration and creation with
limited contaminated soil removal for associated portions of the project site, are
consistent with the funding source in that Chapter 10 appropriates funds to the
Conservancy to undertake projects that protect coastal watersheds, including, but not
limited to, projects involving the acquisition, protection, and restoration of land and water
resources and associated planning, permitting, and administrative costs.
3. Support from the public: Letters have been received from State Senator Denise
Ducheny, Assemblyman Juan Vargas, Kimball Elementary School Principal Dr. Cindy
Waters and Paradise Creek Educational Park, Inc. Director Ted Godshalk (Exhibit 5).
The County of San Diego has lent financial support.
4. Location: While the project will be situated outside of the Coastal Zone, it will
address habitat and water quality issues that impact coastal resources.
5. Need: Conservancy assistance is necessary to address the added costs of soil removal
plan implementation, additional construction best management practices, and general
construction cost escalation.
6. Greater -than -local interest: In addition to serving the needs of neighboring Kimball
Elementary School, the project will serve as a regional conservation education center.
Additional Criteria
7. Urgency: The City needs to go to bid by the end of June in order to complete
construction before winter rain, a condition of its regulatory permits.
8. Resolution of more than one issue: The project will create opportunities for
conservation education while at the same time restoring degraded riparian wetland habitat
and making the site safer for public use through the removal of toxic contamination.
6
PARADISE CREEK EDUCATIONAL PARK
9. Leverage: The proposed authorization will leverage $293,000 of City in -kind staff
time and services and $35,000 of local grant funding.
12. Readiness: The City is ready to put the project out to bid.
13. Realization of prior Conservancy goals: The proposed authorization would allow
the City to complete implementation of the Paradise Creek Enhancement Plan. The
Conservancy provided the City $50,000 for plan implementation in 1999 and $700,000
for plan implementation in 2001 through a specific legislative appropriation. At the same
time the Conservancy adopted the completed enhancement plan in June 2001, it awarded
the City a grant of $700,000 for plan implementation.
CONSISTENCY WITH LOCAL COASTAL PROGRAM POLICIES:
This section remains consistent with the Conservancy's prior authorization of June 25,
2001 (See Exhibit 2).
COMPLIANCE WITH CEQA:
Construction of an outdoor learning lab, boardwalk and creek side trail and riparian
wetland enhancement were components of the Paradise Creek Educational Park, which
the Conservancy approved on June 25, 2001. (See Exhibit 2). A Notice of Determination
was filed on July 9, 2001.
Although the soil removal work is part of the wetland enhancement project, the project
approved by the Conservancy on June 25, 2001 did not include this project element. This
new project element is exempt from CEQA under Section 15330 Minor Actions to
Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release of Threat of Hazardous
Waste or Hazardous Substances. Class 30 applies to small or medium removal actions
costing $1 million or less. Soil removal plan implementation for the Paradise Creek park
wilircost up to $500,000 depending on the results of final pre -disposal soil
characterization. Section 15330 (b) exempts the following activities: excavation and/or
offsite disposal of contaminated soils, application of dust suppressants to surface soils,
runoff controls, and posting of notices, all of which are elements of the contaminated soil
removal work plan.
Upon approval, staff will file a Notice of Exemption for this part of the project.
7
EXHIBIT e
RESOLUTION NO. 2005 - 206
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING THE APPLICATIONS, ASSURANCES AND
MITIGATION PROGRAM FOR GRANT FUNDS UNDER
THE COASTAL CONSERVANCY ENHANCEMENT PROGRAM,
AND ACCEPTING THE FUNDS FOR THE CONSTRUCTION OF
THE PARADISE CREEK EDUCATIONAL PARK PROJECT
WHEREAS, pursuant to Public Resources Code 31000-314000, the Legislature
established the State Coastal Conservancy and authorized it to award grants to local public
agencies and non-profit organizations for the enhancement of coastal resources; and
WHEREAS, the grants are awarded pursuant to guidelines established by the
Coastal Conservancy for determination of project eligibility for funds; and
WHEREAS, the procedures established by the Coastal Conservancy require the
applicant to certify by resolution approval of the application and listed assurances prior to
submission of this application to the State.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby:
1. Approves the filing of an application for funding under the State Coastal Conservancy's
Resource Enhancement Program;
2. Authorizes execution of the Conservancy agreement and approves its terms and
conditions;
3. Agrees to the List of Assurances attached hereto as Exhibit "A";
4. Has or will have sufficient funds to operate and maintain the funded project;
5. Agrees to provide any funds needed beyond the grant requested to complete the project
funded under this program through the allocation of uncommitted funds; and
6. Authorizes the Community Services Director to act as a representative of the City to
negotiate and execute all agreements necessary to comply with the Coastal
Conservancy's grant requirements.
PASSED and ADOPTED this 20th day of September, 2005.
ATTEST:
4'0
Nick Inz ., .yor
APPROVED AS TO FORM:
Michael Dall _,, City Clerk George H. Eiser, III
City Attorney
LIST OF ASSURANCES
The City of National City (the "City") hereby assures and certifies that it will comply with
State Coastal Conservancy regulations, policies, guidelines, and requirements as they relate to the
acceptance and use of Conservancy funds for this project. Also the City gives assurance and certifies
with respect to the grant that:
1. It possesses legal authority to apply for the grant and to finance and construct the
proposed facilities; that, where appropriate, a resolution and motion, or similar action has been duly
adopted or passed as an official act of the applicant's governing body, authorizing the filing of the
application, and authorizing the person identified as the official representative of the applicant to act
in connection with the application and to provide such additional information as may be required.
2. Sufficient funds will be available when the project is completed to assure the
effective, operation and maintenance of the facility for the purposes constructed:
3. It holds sufficient title or interest in the property to enable it to undertake lawful
development and construction of the project.
4. It will not dispose of or encumber its title or other interest in the site and facilities,
except as permitted by the Conservancy.
5. It will give the Conservancy, through any authorized representative, access to and the
right to examine all records, books, papers, or documents related to the grant.
6. -It will cause work on the project to be commenced within a reasonable time after
receipt of notification from the Conservancy that funds have been approved, and the project will be.
carried to completion with reasonable diligence. -
7. It will, where appropriate, comply with the requirements of the California
Environmental Quality Act.
8. It will comply with all requirements imposed by the Conservancy concerning special
provisions of law, and program requirements.
EXHIBIT "A"
Passed and adopted by the Council of the City of National City, California, on
September 20, 2005, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, Califomia
A
CI rk of the o
City City f NWtional City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2005-206 of the City of National City, California, passed and
adopted by the Council of said City on September 20, 2005.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
September 20, 2005
MEETING DATE
8
AGENDA ITEM NO.
r)TEM TITLE Resolution of the City Council of National City approving the application, assurances,
and mitigation program for grant funds under the Coastal Conservancy Enhancement
Program and accepting the funds for the construction of the Paradise Creek Educational
Park Project, Specification 04-5
PREPARED BY Roberto Saucedo Public Works
Leslie Deese DEPARTMENT Community Services
EXPLANATION
See attached explanation
EXT. 4580
4190
J
Environmental Review
•
N/A
MIS Approval
Financial Statement
Approved By: /V • ja----
The City will receive $500,000 of additional grant funds, bringing the f el9`dg'tal
Conservancy grant allocation for the Paradise Creek Educational Park project a total of
$1,210,000. Account No.
STAFF RECOMMENDATION
Adopt the Resolution
BOARD / COMMISSION RECOMMENDATION(
N/A
7az-/a-/
ATTACHMENTS ( Listed Below) Resolution No. e9?0°5-1,6%
1. Resolution 3. Mitigation Plan
2. List of Assurances 4. Locator Map
A-200 (Rev. 7/03)
Item Title
Resolution of the City Council of National City approving the application, assurances, and
mitigation program for grant funds under the Coastal Conservancy Enhancement Program and
accepting the funds for the construction of the Paradise Creek Educational Park Project,
Specification 04-5
Explanation
The construction of the Paradise Creek Educational Park has been a long awaited
dream of the Paradise Creek Educational Park Inc. group lead by Mr. Ted Godshalk,
the Coastal Conservancy Board and the City. In July 1999, the City Council approved
an agreement with Schmidt Design Group for the preparation of an enhancement plan
for this project, located along the Paradise Creek from 22nd Street to Hoover Avenue
(see locator map). Funding for the contract was obtained from a $50,000 grant from the
Coastal Conservancy Board, specially earmarked for this purpose. In December 2002,
the Conservancy increased its grant to the City to $710,000 for the preparation of the
design and partial construction of the project after the City Council on June 19, 2001 by
resolution number 2001-95 provided the Conservancy with assurances and a mitigation
plan meeting the terms and conditions of their grant.
In early 2005, Community Services staff applied for a $500,000 grant increase to the
Coastal Conservancy Board and for other grants for which this project qualified with the
goal of obtaining sufficient funds to complete its construction. On June 16, 2005
Community Services staff was notified that the Coastal Conservancy Board had
approved the $500,000 grant increase, bringing the Conservancy's total grant for this
project to $1,210,000. The proposed action, will assure that we receive the $500,000
additional allocation. It should be noted that the proposed resolution, list of assurances,
and mitigation plan are similar to those provided to the Conservancy in June 2001. In
fact, the mitigation plan was included in the work to be done in the plans and
specifications for the project.
On August 16, 2005 the City Council by resolution number 2005-179 awarded a
contract in the amount of $1,008,900 to MJC Construction. Work commenced on
September 19, 2005 and is expected to end in early February 2006. The contract
award was subject to the City's receipt of the $500,000 Conservancy Grant funds.
RESOLUTION NO. 2005 — 206
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING THE APPLICATIONS, ASSURANCES AND
MITIGATION PROGRAM FOR GRANT FUNDS UNDER
THE COASTAL CONSERVANCY ENHANCEMENT PROGRAM,
AND ACCEPTING THE FUNDS FOR THE CONSTRUCTION OF
THE PARADISE CREEK EDUCATIONAL PARK PROJECT
WHEREAS, pursuant to Public Resources Code 31000-314000, the Legislature
established the State Coastal Conservancy and authorized it to award grants to local public
agencies and non-profit organizations for the enhancement of coastal resources; and
WHEREAS, the grants are awarded pursuant to guidelines established by the
Coastal Conservancy for determination of project eligibility for funds; and
WHEREAS, the procedures established by the Coastal Conservancy require the
applicant to certify by resolution approval of the application and listed assurances prior to
submission of this application to the State.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby:
1. Approves the filing of an application for funding under the State Coastal Conservancy's
Resource Enhancement Program;
2. Authorizes execution of the Conservancy agreement and approves its terms and
conditions;
3. Agrees to the List of Assurances attached hereto as Exhibit "A";
4. Has or will have sufficient funds to operate and maintain the funded project;
5. Agrees to provide any funds needed beyond the grant requested to complete the project
funded under this program through the allocation of uncommitted funds; and
6. Authorizes the Community Services Director to act as a representative of the City to
negotiate and execute all agreements necessary to comply with the Coastal
Conservancy's grant requirements.
PASSED and ADOPTED this 20th day of September, 2005.
Nick Inzunza, Mayor
ATTEST: APPROVED AS TO FORM:
Michael Dalla, City Clerk George H. Eiser, III
City Attomey
LIST OF ASSURANCES
The City of National City (the "City") hereby assures and certifies that it will comply with
State Coastal Conservancy regulations, policies, guidelines, and requirements as they relate to the
acceptance and use of Conservancy funds for this project. Also the City gives assurance and certifies
with respect to the grant that:
1. It possesses legal authority to apply for the grant and to finance and construct the
proposed facilities; that, where appropriate, a resolution and motion, or similar action has been duly
adopted or passed as an official act of the applicant's governing body, authorizing the filing of the
application, and authorizing the person identified as the official representative of the applicant to act
in connection with the application and to provide such additional information as may be required.
2. Sufficient funds will be available when the project is completed to assure the
effective, operation and maintenance of the facility for the purposes constructed.
3. It holds sufficient title or interest in the property to enable it to undertake lawful
development and construction of the project.
4. It will not dispose of or encumber its title or other interest in the site and facilities,
except as permitted by the Conservancy.
5. It will give the Conservancy, through any authorized representative, access to and the
right to examine all records, books, papers, or documents related to the grant.
6. -It will cause work on the project to be commenced within a reasonable time after
receipt of notification from the Conservancy that funds have been approved, and the project will be
carried to completion with reasonable diligence. -
7. It will, where appropriate, comply with the requirements of the California
Environmental Quality Act.
8. It will comply with all requirements imposed by the Conservancy concerning special
provisions of law, and program requirements.
EXHIBIT "A"
UST OF ASSURANCES
The City of National City (the "City") hereby assures and certifies that it will comply with
State Coastal Conservancy regulations, policies, guidelines, and requirements as they relate to the
acceptance and use of Conservancy funds for this project. Also the City gives assurance and certifies
with respect to the grant that:
1. It possesses legal authority to apply for the grant and to finance and construct the
proposed facilities; that, where appropriate, a resolution and motion, or similar action has been duly
adopted or passed as an official act of the applicant's governing body, authorizing the filing of the
application, and authorizing the person identified as the official representative of the applicant to act
in connection with the application and to provide such additional information as may be required.
2. Sufficient funds will be available when the project is completed to assure the
effective, operation and maintenance of the facility for the purposes constructed.
3. It holds sufficient title or interest in the property to enable it to undertake lawful
development and construction of the project.
4. It will not dispose of or encumber its title or other interest in the site and facilities,
except as permitted by the Conservancy.
5. It will give the Conservancy, through any authorized representative, access to and the
right to examine all records, books, papers, or documents related to the grant.
6. It will cause work on the project to be commenced within a reasonable time after
receipt of notification from the Conservancy that funds have been approved, and the project will be
carried to completion with reasonable diligence.
7. It will, where appropriate, comply with the requirements of the California
Environmental Quality Act.
8. It will comply with all requirements imposed by the Conservancy concerning special
provisions of law, and program requirements.
!,
Mitigation Plan
The City Of National City (the "City") nas contracted with MJC Construction to construct the
Paradise Creek Educational Park project in accordance with the approved plans and
specifications prepared by Schmidt Design Group, Inc. and by reference, made herein part of
this Mitigation Plan. The amount of this contract is $1,008,90i and indudes the base bid
(eighteen items of work) and alternates A3 through A5, inclusive.
This plan will require MJC Construction to begin construction activities on September 13, 2005
and continue uninterrupted for 120 working days, unless the contract is modified to increase the
scope of work (pending fund availability). The Contractor is required to obtain all necessary
permits and to maintain the site and its operations in a safe, clean and functional state through
out the construction period. Such requirement includes, but is not limited to compliance with
Clean Water Act requirements (SUSMP, SWPPP- Best Management Practices), CALOSHA,
State and local ordinances. Attached is a summary of the Work to be Done.
The Mitigation and Monitoring Program for the Paradise Creek Education Park to be carried out
by the City of National City consists of the following features designed to reduce or mitigate
significant impacts of the proposed project.
1) POTENTIAL SIGNIFICANT IMPACT
Biological and Water Resources — Construction Impacts:
A. Prior to project commencement, the City Of National City will contact the
California Department of Fish and Game and consult with the Department on
appropriate actions (including handling and interim storage) for salvaging for
reuse on the site the vegetation and soils of the 0.07 acres of salt marsh that will
be impacted as a result of construction activities.
B. The City Of National City will limit grading of the proposed wetland /
enhancement areas to the dry season (June and July). All areas to be graded will
be marked (stakes, flagging, or gypsum by a Restoration Specialist. A grading
plan has been prepared to ensure the proper soils and hydrology and to protect
water quality.
C. To mitigate disturbance of existing wetlands, the City Of National City will create
new wetlands on site at a ratio of 8.5:1.
D. The City Of National City shall ensure that soils in areas affected by demolition,
grading, or temporary access within the wetland habitat will be decompacted
and left in a plantable state.
E. The City Of National City shall ensure that all recontouring within the wetland will
be performed in a manner to maintain established tidal flows.
2) POTENTIAL SIGNIFICANT IMPACT
Biological Resources — Streambed Alteration:
Prior to the commencement of any activity that will divert, obstruct, or change the natural flow or
the bed, channel, or bank (which may include associated riparian resources) of the Paradise
Creek, or use material from the streambed, the Califomia Department of Fish and Game shall
be provided a Stream Alteration Agreement pursuant to Section 1800 et. Seq. of the Fish and
Game Code. The document will fully identify impacts to Paradise Creek and associated
resources and identify adequate avoidance, mitigation, monitoring and reporting commitments.
C:\Documents and SetUngs\RSaucedoWly Documents\Work Program - Conservancy.doc
Section 01010
SUMMARY OF WORK
PART 1 - GENERAL
1.1 SUMMARY
A. The work under this contract neceasary for and incidental to the execution and
completion of all Work indicated in the Contract Documents for:
Paradise Creek Educational Park
City of National City
B. Drawings and general provisions of the Contract, including General and
Supplementary Conditions and other Division 1 Specification Sections, apply to
this Section.
C. Contract Documents were prepared for the project by the Schmidt Design Group,
2655 Fourth Ave., San Diego, California.
D. The work under this contract includes the furnishing of labor, materials, services
and transportation, except as specifically excluded, which is required for the
completion of the project in accordance with the provisions of the Contract
Documents.
E. The Contractor must have an active Class A General Engineering Contractor's
License, or other appropriate license for earthwork. The Contractor's license must
also have a Hazardous Substance Removal Certification as stipulated in Section
7058.7 of the Business and Professsions Code which states that No contractor
shall engage in a removal or remedial action, as defined in subdivision (d), unless
the qualifier for the license has passed an approved hazardous substance
certification examination.'. In addition all workers that may come in contact with
soil containing lead concentrations must have current OSHA 40-hour Hazardous
Waste Operations and Emergency Response (HazWOPER) training.
1.2 WORK COVERED BY CONTRACT DOCUMENTS
A. The work consists generally of site preparation and construction including but not
limited to: clearing and grubbing; grading and earthwork; landscaping including
hardscape, planting and landscape irrigation; associated electrical work; and
wetland creation.
1. Lead Agency: City of National City
Paradise Creek Educational Park SUMMARY OF WORK
City of National City 01010
April 2003 (Bid Submittal) Page 1
B. The work will be consi:ucted under a single prime contract.
1.3 WORK SEQUENCE
A. The work will be conducted in a single phase.
B. Contractor shall coordinate the construction schedule and operations with
the City.
C. Per the California Department of Fish and Game (CDFG) Streambed Alteration
Agreement, "The Operator shall not remove vegetation within the stream from
March 1 to August 15 to avoid impacts to nesting birds. However, the Operator
may remove vegetation during this time if a qualified biologist conducts a survey
for nesting birds within three days prior to the vegetation removal, and ensures no
nesting birds shall be impacted by the project."
D. Per the recommendation of the Califomia State Coastal Conservatory the
contractor shall abide by the following grading protocol.
1. Grading of the creek bank shall be limited to the dry season, which for National
City (similar to Chula Vista climate) is from May through October. "Dry" is
defined as the three month period during which average monthly rainfall is less
than 15% of the annual average precipitation.
2. Exceptions to this will be made if the Contractor can present evidence that no
rain event is anticipated for a minimum of 48 hours before and after the
grading will occur. The contractor shall contact the City and the Landscape
Architect for approval prior to initiating grading activities along the creek.
3. This limitation applies only to the creek bank, where grading (excavation only)
will be necessary in order to allow flow into the created wetland area.
4. Grading of the portions of the park outside of the creek bank will be allowed,
with typical construction practice of avoiding grading within 48 hours of
predicted rain event. This will allow the construction to continue through the
winter, with the creek to be opened to the wetland area in the spring if
necessary (dry season).
5. The Storm Water Pollution Prevention Plan will also be enforced, and includes
the implementation of BMP's such as silt fences, gravel bags or fiber rolls, and
stabilized construction entrances.
1.4 CONTRACTOR USE OF PREMISES
A. Use of the Site: Limit use of the premises to work in areas indicated. Confine
operations to areas within contract limits indicated. Do not disturb portions of the
site beyond the areas in which the Wor'.! is indicated. Additional conditions
include but are not limited to:
Paradise Creek Park SUMMARY OF WORK
City of National City 01010
April 2005 (Bid Submittal) Page 2
7
1. Contractor shall only Lite the construction staging areas indicated on the plans.
2. Contractor shall be responsible for the following:
A. Coordinate use of the premises with the City and/or site.
B. Assume full responsibility for the protection and
safekeeping of products under the Contract when stored
on site.
C. Move stored products that are under the Contractors
control, which inhibit and interfere with the operations
of the City.
D. Obtain and pay for the use of additional storage or
construction areas needed for this operation.
3. Contractor shall be responsible for any and all damage to roads,
landscaping, structures, and personal property caused by their
employees, sub -contractors, suppliers or vendors during the
entire length of this Contract, and is to repair any such damage,
in first class workmanship, to a condition that preceded said
damage at no additional cost to the City.
1.5 REQUIREMENTS OF REGULATING AGENCIES
A. Construction shall be in conformance with the requirements of all applicable
building codes and regulations of local, state, and federal agencies, including the
Uniform Building Code, National Electric Code, and Uniform Plumbing Code.
B. Accessibility Requirements: Construction shall be in conformance with all
applicable Department of the State Architect, Title 24 Guidelines for Handicapped
Accessibility.
C. Environmental Requirements: construction shall be in conformance with the
California Department of Fish and Game (CDFG) Streambed Alteration
Agreement (Appendix B).
1.6 OCCUPATIONAL SAFETY AND HEALTH ACT REQUIREMENTS
A. During the entire construction period, it shall be the responsibility of the
Contractor to maintain conditions at the project site so as to meet in all respects
the requirements of the California Code of Regulations, Title 8, Industrial
Relations, Chapter 4, Division of Industrial Safety, Safety Orders CAL/OSHA.
This provision shall cover the Contractor's employees and all other persons
working upon or visiting the site. To this end, the Contractor shall inform himself
and his representatives of CAUOSHA standards.
Paradise Creek Educational Park SUMMARY OF WORK
• City of National City 01010
.April 2005 (Bid Submittal) Page 3
B. Accessibility Requirements: Construction shall be in conformance with all
applicable codes per the Department of the State Architect, Title 24 Guidelines for
Handicappe(1 Accessibility.
PART 2 - PRODUCTS (Not Applicable)
PART 3 — EXECUTION (Not Applicable)
Paradise Creek Park
City of National City
April 2005 (Bid Submittal)
END OF SECTION 01010
ci
SUMMARY OF WORK
01010
Page 4
ENTRANCE MOO
UAW CRESCENT
OVERI£AD STRUCTURE
LCW PLANITNG,_.
FULL NOON THIDE, CONCRETE
CONCRETE
AREA, SEATING FOR 120 STUDENTS
PARKING
6 SPCS.----
PERIEABLE PAVING—�
BENCH
'CARE. HORNED AWL'
PLAY STRUCTURE AREA
10 FT. WIDE
STORMED D.O. PATH
PICNIC 4.
C off TC7ETEABL PIA=
TREES AND SHRUBS FOR
S07EDINC MA SHADE
TURF AREA FOR
PCHCNC/SPORTS
COSTING PERT ANENT 1✓ ,
BDL'LAR06.
PROPOSED
PROPERLY LIE
STABILIZED D.G.
CUTOUT WITH BENCH
(IYPLcAL)
7 SPCS.
ELECTRONIC GATE
20' DANDER 014 SF) uH.
NOOE WITH RALNG
10' WETLAND BUFFER/
FILTRATION AREA
6' WADE RA1SE0
BOARDVUUC WITH RANING
'KREALL LLLNENTART'scam
**SI INIH .5I.
li V^m "' PAfOCWAY W/TRfSH UN
INTERPRETIVE N.:, u:^ECTIONAL SCRAM A+�'
DOSTW.0 R!A
DUSTING NURSERY
PUBLIC ENTRANCE
6' WOE STABLZED
O.G. PATH
r WmE RAISED
BOARDVWK IVRH RAMC
INN. 6' WIDE RAISED PATH
1111111 MUM (TYPIGIL)
N►ERSECTION
Ate OVERLOOK
20' DNIEIER (314 SF)
1M. NOOE WIM PALM
PROPOSED GRADES
6' WEE STABt1ZEED
D.G. PATH ON GRADE
ROUND WITH
NAME UPTAND
VECE NKN
1ST NO UST
GUARIER NOON
wrHT EOIR
NI/. r WIDE STABILIZED
D.G. PATH ON GRADE
OVERLOOK
12 MICE STABILIZED O.G.
TUNER HEAD'
%SWUM TIN AROUND
PROPOSED FENCE WIEA EN O /PPROx. 1 1..e66 S.F.)
DUSTING FENCE
CONCRETE LUNAR
TELE OUT OUT
WITH OVERHEAD
SHADE STRUCTURE
MICH ARO =NOCE
SUMMED 0.0. RAMP-8.SR
WTH RMI/C
RETAINING ILWLN.
NEW N00N
THEME OVERLOOK
WITH REND ES
AND MINCE
EDOSTTNG CONCRETE
WITH ENHANCED -
DECORAINE PAVING
ATTACHMENT 3
LOCATOR MAP
SCHPAI 'DESIG
GROUP
NORT1I
SCALE I'-I00. 0-
Ic)
PARADISE CREEK
EDUCATIONAL PARK
CONCEPTUAL DEVP'!.OPMENT PLAN
FIGURE NO. I