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HomeMy WebLinkAbout2015 CON California Natural Resources Agency - Paradise Creek Urban Greening ProjectTotal State Grant not to exceed State of California Natural Resources Agency — GRANT AGREEMENT GRANTEE NAME: City of National City PROJECT TITLE: Paradise Creek Educational Park (formerly Hoover Avenue Park/Paradise Creek Walk) AUTHORITY: Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Act of 2006 (Prop 84) PROGRAM: Urban Greening Project Grants AGREEMENT NUMBER: U59149-0 TERM OF LAND TENURE: 20 years from date of project completion as evidenced by Project Certification Form PROJECT PERFORMANCE PERIOD IS: April 1, 2015 — December 1, 2017 Under the terms and conditions of this agreement, the applicant agrees to complete the project as described in the project scope described in Exhibit A, and any subsequent amendments, and the State of California, acting through the Resources Agency pursuant to the California Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Act of 2006, agrees to fund the project up to the total state grant amount indicated. PROJECT DESCRIPTION: See project description on page 1 and Exhibit A of the Agreement $840,000.00 (or project costs, whichever is less) The Special and General Provisions attached are made a part of and incorporated into the Agreement. By CITY OF NATIONAL CITY Leslie Deese Title City Manager Date 4/za //S F CALIFORNIA OURCES AGENCY Title Deputy Assistant Secretary Date loCR I irwr+1 iv.. v. .........— - AMOUNT OF ESTIMATE AGREEMENT NUMBER FUND FUNDING $840,000.00 U59149-0 6051 - Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Act of 2006 (Prop 84) ADJ. INCREASING APPROPRIATION ENCUMBRANCE $ 0540-6051-001-2010-101 ADJ. DECREASING FUNCTION ENCUMBRANCE $ Local Assistance UNENCUMBERED BALANCE LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR $ 0540-6051-101 712 2010 10/11 T.B.A. NO. B.R. NO. INDEX OBJ. EXPEND PCA PROJECT NUMBER 0540 751 30591 U59149 I hereb certify upon my personal knowledge that budgeted funds are available for this encumbra ce v7 AA.-1 SI ATURE OF ACCOUNTING OFF9ER31 DATE Agreement No. U59149-0 GRANT AGREEMENT State of California - The Natural Resources Agency Grantee Name: City of National City Project Title: Paradise Creek Educational Park (formerly Hoover Avenue Park/Paradise Creek Walk) Agreement Number: U59149-0 Authority: Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 — Proposition 84 Program: Urban Greening for Sustainable Communities Grant Program PROJECT DESCRIPTION Expand existing community space adjacent to school site and planned development; create a safe route to school path, edible garden and remove a significant amount of hardscape for bioswale and native vegetation. A detailed Project Scope and activities, project schedule and Project Budget are described and attached hereto as Exhibit A. Grant Funds are to be used to preserve, enhance, increase or establish community green areas such as urban forest, open spaces, wetlands and community spaces (e.g., community gardens), in accordance with the provisions contained in the Urban Greening for Sustainable Communities Grant Program and this Agreement. TERMS AND CONDITIONS OF GRANT Special Provisions 1. Recipients of Grant Funds shall post signs acknowledging the source of the funds pursuant to the California Urban Greening for Sustainable Communities Grant Program Grant Guidelines and Application (Application Guidelines). Size, location and number of signs shall be determined by the State. Required signage must be in place before Grant Funds for construction will be released. 2. As conditions precedent to the State's obligation to make any construction funding available pursuant to this Agreement, Grantee shall first provide evidence of compliance with CEQA by January 31, 2016. 3. Upon completion of detailed Project design, plans and specifications, Grantee shall provide to the State for review and approval a revised detailed Project Budget, Project Scope and detailed site plan. If Project includes habitat restoration or landscaping, Grantee shall provide a planting palette demonstrating how native, low-water, drought -resistant vegetation will be used in the Project. Approval by the State of such plans and specifications, or any other approvals provided for in this Agreement, shall be for scope and quality of work and shall not relieve Grantee of the obligation to construct and maintain the facilities, or carry out any other obligations required by this Agreement, in accordance with applicable law or any other standards ordinarily applied to such work or activity. Page 1 Agreement No. U59149-0 4. The Grantee may be required to record Deed Restrictions, incorporating by reference this Grant Agreement and giving public notice that the Grantee received Funds under this Agreement in order to assist Grantee in developing the real property and that, in consideration for the receipt of the Grant Funds, the Grantee has agreed to the terms of this Agreement. General Provisions A. Definitions 1. The term "Act" means Proposition 84, Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 . 2. The term "Acquisition" means obtaining a fee interest or any other interest, including easement, leases, and development rights. 3. The term "Agreement" means this Grant Agreement. 4. The term "Application" means the individual application form, its required attachments for grants pursuant to the enabling legislation and/or program and any applicable materials supplied by applicant to the Natural Resources Agency prior to award. 5. The term "Application Guidelines" means the California Urban Greening for Sustainable Communities Grant Program Grant Guidelines and Application. 6. The term "Development" means improvement, rehabilitation, restoration, enhancement, preservation, protection and interpretation or other similar activities. 7. The term "Fair Market Value" means the value placed upon the property as supported by an appraisal that has been reviewed and approved by the California Department of General Services (DGS). 8. The term "Grant" or "Grant Funds" means the money provided by the State to the Grantee in this Agreement. 9. The term "Grant Agreement" means a contractual arrangement between the State and grantee specifying the payment of funds by the State for the performance of specific Urban Greening Project objectives within a specific project performance period by the grantee. 10. The term "Grantee" means an applicant who has a signed agreement for Grant Funds. 11. The term "Interpretation" means visitor -serving amenities that communicate the significance and value of natural, historical and cultural resources in a manner that increases the understanding and enjoyment of these resources, or other similar activities. 12. The term "Other Sources of Funds" means cash or in -kind contributions that are required or used to complete the urban greening project beyond the Grant Funds provided by this Agreement. 13. The term "Payment Request Form" means Form RA212. 14. The term "Project" means the Acquisition or Development activity described in the application as modified by Exhibit A to be accomplished with Grant Funds. Page 2 Agreement No. U59149-0 15. The term "Project Budget" means the State approved cost estimate included as Exhibit A to this Agreement. 16. The term "Project Scope" means the description or activity for work to be accomplished by the Urban Greening Project. 17. The term "State" means the Secretary for Natural Resources or his/her representatives, or other political subdivision of the State. B. Project Execution 1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum of money (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of Project in this Agreement and its attachments and under the Terms and Conditions set forth in this Agreement. 2. Grantee shall furnish any and all additional funds that may be necessary to complete the Project. 3. Grantee shall complete the Project in accordance with the Project Performance Period set forth on the signature page, unless an extension has been formally granted by the State and under the Terms and Conditions of this Agreement. Extensions may be requested in advance and will be considered by State, at its sole discretion, in the event of circumstances beyond the control of the Grantee, but in no event beyond May 1, 2019. 4. Grantee shall at all times ensure that Project complies with the California Environmental Quality Act (CEQA) (Public Resources Code, Division 13, commencing with section 21000, et. seq., Cal Code Regs tit. 14, section 15000 et. seq.) and all other environmental laws, including but not limited to obtaining all necessary permits. Grant Funds will not be disbursed before the close of the period for legal challenge under CEQA. Grant Funds for planning and document preparation may be available sooner if included in the grant Project Scope (Exhibit A) and approved by the State. CEQA compliance shall be completed within one (1) year from the Grant Agreement start date, unless an extension is granted by the State. Changes to the scope resulting from CEQA compliance are permitted provided the State determines that the project continues to meet all objectives of the Urban Greening for Sustainable Communities Grant Program and is consistent with the intent cited in the original Application. If a grantee's project is disapproved on grounds related to the Natural Resource Agency's CEQA determination, the grantee shall have the option of either: (1) reimbursing the Natural Resources Agency for all State -reimbursed preliminary costs (e.g., planning, design, etc.), or (2) relinquishing any planning/design documents, including all copies, reproductions, and variations resulting from said funding, without a license to use or otherwise retain in any form. 5. Projects must comply with Labor Code Section 1771.8 regarding the payment of prevailing wages and the labor compliance program as outlined in the Labor Code Section 1771.5 (b). 6. Grantee certifies that the Project does and will continue to comply with all current laws and regulations which apply to the Project, including, but not limited to, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, and Page 3 Agreement No. U59149-0 disabled access laws. Grantee certifies that, prior to commencement of construction, all applicable permits and licenses (e.g., state contractor's license) will have been obtained. 7. Grantee shall provide access by the State upon 24 hours notice to determine if Project work is in accordance with the approved Project Scope, including a final inspection upon Project completion. 8. Prior to the commencement of any work, Grantee agrees to submit in writing to the State for prior approval any deviation from the original Project Scope per Exhibit A and the Application. Changes in Project Scope must continue to meet the need cited in the original application or they will not be approved. Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for approval. Any modification or alteration in the Project must also comply with all current laws and regulations, including but not limited to CEQA. 9. Grantee shall provide for public access and/or educational features where feasible. 10. Grantee must have (1) fee title, (2) leasehold, or (3) other interest to Project lands and demonstrate to the satisfaction of the State that the proposed Project will provide public benefits that are commensurate with the type and duration of the interest in land. Any acquisition of Project lands by Grantee following award shall not involve eminent domain proceedings or threat of eminent domain proceedings. 11. Grantee shall promptly provide photographs of the site during and after implementation of Project at the request of the State. C. Project Costs 1. Any Grant Funds provided to Grantee under this Agreement will be disbursed for eligible costs, on a reimbursement basis, as follows, but shall not exceed in any event the amount set forth on the signature page of this Agreement: a. Approved direct management costs or construction and Development costs. Up to ten percent (10%) of the reimbursement amount will be held back and issued as a final payment upon completion of the Project. b. Remaining Grant Funds shall be paid up to the total amount of the Grant Funds or the actual Project cost, whichever is less, upon completion of the Project, receipt of a detailed summary of Project costs from the Grantee found to be satisfactory by the State, and the satisfactory completion of a site inspection by the State. 2. Payment Documentation: a. All payment requests must be submitted using a completed Payment Request Form. This form must be accompanied by an itemized list of all expenditures that clearly documents the check numbers, dates, recipients, line -item description as described in the Project Budget approved by the State and amounts. Each payment request must also include proof of payment such as receipts, paid invoices, canceled checks or other forms of documentation demonstrating payment has been made. b. Any payment request that is submitted without the required itemization and documentation will not be authorized. If the payment request package is incomplete, inadequate or inaccurate, the State will inform the Grantee and hold the payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement. Page 4 Agreement No. U59149-0 3. Grant Funds in this award have a limited period in which they must be expended. Grantee expenditures funded by the State must occur within the time frame of the Project Performance Period as indicated in this Agreement. 4. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Exhibit A approved by the State. The total dollars of a category in the Project Budget may be increased by up to ten percent (10%) through a reallocation of funds from another category, without approval by the State. However, the Grantee shall notify the State in writing when any such reallocation is made, and shall identify both the item(s) being increased and those being decreased. Any cumulative increase or decrease of more than ten percent (10%) from the original budget in the amount of a category must be approved by the State. In any event, the total amount of the Grant Funds may not be increased, nor may any adjustments exceed the limits for management costs as described in the Application Guidelines. D. Project Administration 1. Grantee shall promptly provide Project reports and/or photographs upon request by the State. In any event Grantee shall provide the State a report showing total final Project expenditures with the final payment request and required closing documents. 2. Grantee shall make property and facilities acquired or developed pursuant to this Agreement available for inspection upon request by the State. 3. Grantee shall use any income earned by the Grantee from use of the Project to further Project purposes, or, if approved by the State, for related purposes within the jurisdiction. 4. Grantee shall submit all documentation for Project completion, including a notice of completion as applicable and final reimbursement within ninety (90) days of Project completion, but in no event any later than May 1, 2019. 5. Final payment is contingent upon State verification that Project is consistent with Project Scope as described in Exhibit A, together with any State approved amendments. 6. This Agreement may be amended by mutual agreement in writing between Grantee and State. Any request by the Grantee for amendments must be in writing stating the amendment request and reason for the request. The Grantee shall make requests in a timely manner and in no event less than sixty (60) days before the effective date of the proposed amendment. 7. Grantee must report to the State all sources of other funds for the Project. E. Project Termination 1. Prior to the completion of Project construction, either party may terminate this Agreement by providing the other party with thirty (30) days' written notice of such termination. The State may also terminate this Grant Agreement for any reason at any time if it learns of or otherwise discovers that there is a violation of any state or federal law or policy by Grantee which affects performance of this or any other grant agreement or contract entered into with the State. 2. If the State terminates without cause the Agreement prior to the end of the Project Performance Period, the Grantee shall take all reasonable measures to prevent further costs to the State under this Agreement. The State shall be responsible for any reasonable and non -cancelable obligations incurred by the Grantee in the performance of Page 5 Agreement No. U59149-0 the Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement. 3. If the Grantee fails to complete the Project in accordance with this Agreement, or fails to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued interest and any further costs related to the Project. The State may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that the State determines it is in the State's best interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this Agreement. 4. 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. 5. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault of the Grantee. At the discretion of the State, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement. 6. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Agreement, is the preservation, enhancement or establishment of community green areas and spaces for the people of the State of California, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of Grant Funds under the provisions of this Agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant Funds disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by the State. F. Hold Harmless 1. Grantee shall waive all claims and recourses against the State, including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement, except claims arising from the gross negligence of State, its officers, agents and employees. 2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Project, including Development, construction, operation or maintenance of the property described in the Project description which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence of State, its officers, agents or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified. 3. Grantee and State agree that in the event of judgment entered against the State and Grantee because of the gross negligence of the State and Grantee, their officers, agents or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. G. Financial Records Page 6 Agreement No. U59149-0 1. Grantee shall maintain satisfactory financial accounts, documents and records for the Project and to make them available to the State for auditing at reasonable times. Grantee shall also retain such financial accounts, documents and records for three (3) years after final payment and one (1) year following an audit. 2. Grantee agrees that during regular office hours, the State and its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to this Agreement or matters related thereto. Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements and receipts with respect to its activities under this Agreement. 3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by the State. H. Use of Facilities I. The real property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. 2. Grantee shall maintain, operate and use the Project in fulfillment of the purpose funded pursuant to this Grant for a minimum of TWENTY (20) YEARS, consistent with the Land Tenure/Site Control requirements included in the Application Guidelines. The Grantee, or the Grantee's successor in interest in the property, may assign without novation the responsibility to maintain and operate the property in accordance with this requirement only with the written approval of the State. Grantee may be excused from its obligations for operation and maintenance of the Project site only upon the written approval of the State for good cause. "Good cause" includes, but is not limited to, natural disasters that destroy the Project improvements and render the Project obsolete or impracticable to rebuild. 3. Grantee shall use the property for the purposes for which the Grant was made and shall make no other use or sale or other disposition of the property. This Agreement shall not prevent the transfer of the property from the Grantee to a Public Agency, if the successor Public Agency assumes the obligations imposed by this Agreement. 4. If the use of the property is changed to a use that is not permitted by the Agreement, or if the property is sold or otherwise disposed of, at the State's sole discretion, an amount equal to (1) the amount of the Grant (2) the Fair Market Value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, may be reimbursed to the State. If the property sold or otherwise disposed of is less than the entire interest in the property funded in the Grant, an amount equal to either the proceeds from the sale or other disposition of the interest or the Fair Market Value of the interest sold or otherwise disposed of, whichever is greater, shall be reimbursed to the State. 5. The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State. 6. The Grantee shall not use or allow the use of any portion of the real property as security for any debt. I. Nondiscrimination Page 7 Agreement No. U59149-0 1. The Grantee shall not discriminate against any person on the basis of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave in the use of any property or facility acquired or developed pursuant to this Agreement. 2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable difference in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. The completed Project and all related facilities shall be open to members of the public generally, except as noted under the special provisions of this Agreement or under provisions of the Act. J. Application Incorporation The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved in writing by the State are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement. K. Severability If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable. L. Waiver No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different or subsequent breach by either party. M. Assignment Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part. N. Disputes If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue informally with the Agency Grants Administrator. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures: 1. If the issue cannot be resolved informally with the Agency Grants Administrator, the Grantee shall submit, in writing, a grievance report together with any evidence to the Deputy Assistant Secretary for Bonds and Grants for the Natural Resources Agency. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee's position and the remedy sought. Within ten (10) working days of receipt of the written grievance report from the Grantee, the Deputy Assistant Secretary shall make a determination on the issue(s) and shall respond in writing to the Grantee indicating the decision and reasons therefore. Should the Grantee disagree with the Deputy Assistant Secretary's decision, the Grantee may appeal to the Assistant Secretary for Administration and Finance for the Natural Resources Agency. Page 8 Agreement No. U59149-0 2. The Grantee must submit a letter of appeal to the Assistant Secretary explaining why the Deputy Assistant Secretary's decision is unacceptable. The letter must include, as an attachment, copies of the Grantee's original grievance report, evidence originally submitted, and response from the Deputy Assistant Secretary. The Grantee's letter of appeal must be submitted within ten (10) working days of the receipt of the Deputy Assistant Secretary's written decision. The Assistant Secretary or designee shall, within twenty (20) working days of receipt of Grantee's letter of appeal, review the issues raised and shall render a written decision to the Grantee. The decision of the Assistant Secretary or designee shall be final. O. Audit Requirements Urban Greening projects are subject to audit by the State annually and for three (3) years following the final payment of Grant Funds. The audit shall include all books, papers, accounts, documents, or other records of the Grantee, as they relate to the Project for which the Grant Funds were granted. Page 9 EXHIBIT A STATE OF CALIFORNIA NATURAL RESOURCES AGENCY GRANT AGREEMENT Urban Greening for Sustainable Communities Grant Program Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) Grantee Name: City of National City Project Title: Paradise Creek Educational Park Agreement Number: U59149-0 Project Scope: Expand existing community space adjacent to Kimball Elementary School and planned development; create a new safe route to school path, an edible community garden and remove a significant amount of hardscape to create bioswales and a native vegetation park. • Remove approximately 13,600 sq. ft. asphalt paving from Hoover Avenue and W. 19th Street • Establish approximately 0.07 acres of native vegetation with temporary irrigation during its establishment • Install an educational native garden and approximately 500 foot long plant walk with interpretive elements explaining the site's unique salt flat and other habitats • Establish approximately 14,000 sq. ft. of decomposed granite nature trail along Paradise Creek • Establish a community garden for use by both the public and school children • Install a cistern to collect and recycle rain water • Construct a large water -quality bioswale to retain and treat storm water run-off The public will be able to access the new park elements via new entry gateways installed at W. 19th Street (west end) and Hoover Avenue (north end) adjacent to the school. Project Schedule: Activity Description Timeline (Due Date) Obtain Notice to Proceed from State April 1, 2015 Submit county -recorded CEQA docs to State January 31, 2016 Submit final site design/plans/specifications to State June 30, 2016 Submit evidence of bond acknowledgment signage October 1, 2016 Award construction contract November 1, 2016 Mobilization, begin construction, restoration, and/or other key activities. December 1, 2016 File Notice of Completion with County October 1, 2017 Record MOUGA/Deed Restrictions Document, and Submit Project Closeout package with final Payment Request to State December 1, 2017 Subtotal Tasks 1A & 1B (not to exceed 25% of grant 2. Site Preparation2 General Conditions & Mobilization Clearing & Grubbing Grading Soil Bio-retention Basin Stormwater Pollution Control Subtotal Task 2 3. Landscaping/Plant Establishment2 Trees Irrigation Transitional Uplands Plant Bio-retention Basin Plants Subtotal Task 3 Agreement U59149-0 Exhibit A Page 2 COST ESTIMATE / BUDGET Project Elements Prop 84 Urban Greening Grant National City CIP (Local Match)3 1A. Project Management Costs' Project Management (non -participating) TBD TBD N/A N/A TBD TBD 1B. Planning, Design, & Permitting $75,000 Environmental Permitting/CEQA Design (Site Improvements, Planting Pallete) $125,000 Public Outreach $10,000 $210,000 $20, 000 $35,000 $40:000 $21, 000 $20,000 $40,000 $176,000 $ 7 500 $37:500 S17,600 S3,600 $75,000 $125,000 $10,000 $210,000 $20,000 $35,000 $40,000 $21,000 $20,000 $40,000 $176,000 $7,500 $37,500 $17,600 $66,200 $3,600 $66,200 4. Site Elements2 $28 36t} Trails - DG Path, Walking Area Metal Edging $14,675, Permeable Pavers $65.100 $6,125 Curb and Gutter Subtotal Task 4 $59 840 5. Contingency (not to exceed 10% of grant) Grand Total $840,000 $28,360 $14,675 $65,100 $6,125 $5.100. Benches Raised Beds $45,000. Vermiculture and Compost Bins $1,600 Wrought Iron Fence $10,000 Wrought Iron Gate $2,000 Cistern w/ pump $120,000 Interpretive/Educational Signage $30,000 $327,960 $5,100 $45,000 $1,600 $10,000 $2,000 $120,000 $30,000 $327,960 $59,840 $840,000 Notes:' City will provide project management services at its own expense * Only direct project -related management costs supported by detailed time data will be eligible for reimbursemement. RESOLUTION 2015 — 146 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF $840,000 FOR THE PARADISE CREEK EDUCATIONAL PARK URBAN GREENING PROJECT REIMBURSABLE THROUGH THE URBAN GREENING FOR SUSTAINABLE COMMUNITIES GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84); AND ESTABLISHING CORRESPONDING REVENUE AND EXPENDITURE ACCOUNTS (NO LOCAL MATCH REQUIRED) WHEREAS, the purpose of the Paradise Creek Educational Park Urban Greening Project (the "Project") is to expand the existing park located behind Kimball Elementary School by converting portions of Hoover Avenue and West 19th Street into green space; and WHEREAS, elements of the Project include a community vegetable garden, re- establishment of native vegetation, passive use trails and native plant walks, bio-swales and bio-retention basins, and various educational elements; and WHEREAS, on November 5, 2013, the City Council adopted Resolution No. 2013-168 authorizing staff to submit an application for Proposition 84 Urban Greening for Sustainable Communities Grant Program funding for the Paradise Creek Educational Park Urban Greening Project, and authorized the City Manager to execute the grant agreement pending the award; and WHEREAS, on June 3, 2014, the California Strategic Growth Council approved reimbursable grant funds in the amount of $840,000 for the Paradise Creek Educational Park Urban Greening Project; and WHEREAS, in April, 2015, the City Manager executed Grant Agreement No. U59149-0 with the California Natural Resources Agency for the Project, effective April 1, 2015; and WHEREAS, for the Project to proceed, an appropriation in the amount of $840,000, and the establishment of corresponding revenue and expenditure accounts, is required; and WHEREAS, the City will be reimbursed $840,000 in grant funds for project construction expenses from the Urban Greening for Sustainable Communities Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes an appropriation in the amount of $840,000 for the Paradise Creek Educational Park Urban Greening Project, which will be reimbursed through the Urban Greening for Sustainable Communities Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84). [Signature Page to Follow] Resolution No. 2015 — 146 Page Two PASSED and ADOPTED this 6' day of October on Morrison, Mayor ATTEST: A-e,1:e4tIJ/JJL Michael R. Dalla, Ci y Clerk PROVED S TO FRM: audia Gaciua Silva City Attor ey Passed and adopted by the Council of the City of National City, California, on October 6, 2015 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California eCityCrk of the City of i n I City, California rnia By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-146 of the City of National City, California, passed and adopted by the Council of said City on October 6, 2015. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT Sao\ ,-6t aa' MEETING DATE: October 6, 2015 AGENDA ITEM NO. 10 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the appropriation of $840,000 for the Paradise Creek Educational Park Urban Greening Project reimbursable through the Urban Greening for Sustainable Communities Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84); and establishing corresponding revenue and expenditure accounts (no local match required) PREPARED BY: Stephen Manganiello PHONE: (6191 336-4382 EXPLANATION: See attached. DEPARTME Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT Revenue account # 296-06191-3463 Expenditure account # 296-409-500-598-6191 (Paradise Creek Educational Park) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Adopt Resolution appropriating $840,000 for Paradise Creek Educational Park Urban Greening Project reimbursable through a Prop 84 Urban Greening Grant Program grant BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Conceptual Exhibit 2. Executed Grant Agreement 3. Resolution REsoLv1\O No. aa\s-‘‘AG Explanation The purpose of the Paradise Creek Educational Park Urban Greening Project is to expand the existing park located behind Kimball Elementary School by converting portions of Hoover Avenue and W. 19th Street into green space. Elements include a community vegetable garden, re-establishment of native vegetation, passive use trails and native plant walks, bio-swales and bio-retention basins, and various educational elements. See attached conceptual exhibit. On November 5, 2013, per City Council Resolution No. 2013-168, City Council authorized staff to submit an application for Proposition 84 Urban Greening for Sustainable Communities Grant Program funding for the Paradise Creek Educational Park Urban Greening Project, and authorized the City Manager to execute the grant agreement pending award. On June 3, 2014, the California Strategic Growth Council approved grant funds in the amount of $840,000 for the Paradise Creek Educational Park Urban Greening Project. In April, 2015, the City Manager executed Grant Agreement No. U59149-0 with the California Natural Resources Agency for the Project, effective April 1, 2015. See attached fully executed copy of the grant agreement. In order to allow for reimbursement of project -related expenses, staff is requesting City Council appropriation of $840,000 and establishment of corresponding revenue and expenditure accounts. There is no required local match for this project. Outreach to project stakeholders such as the Paradise Creek Educational Foundation, National School District and Kimball Elementary School has already begun. Additional community outreach is planned for the upcoming months. Per the grant agreement, project construction is scheduled to begin by December, 2016. -1- r.:-•,,,,,,, _ . .•-..': i •::, .4-•, 3-`r•-:,-.:.-; _ - * i •• -- — ' • *•••- , . • 0. . l'A• t•Adir morii-f.4 4kwi •,•,. 14 4. 4 .... 10' X 1 1 1 Pa-ra4146 Crezk. ESIA444-1.o.Kat, Park. Concept Plan PLAN LEGEND IMPROVEMENTS NOT TO SCALE New Native Vegetation • Bio-Retention Basin 11)) Kimball Elementary Vegetable Garden Laboratory (DG Walking Area) ▪ Wrought Iron Fence tj Bioswale ▪ Salt Flat Overlook 14 Transitional Uplands Native Plant Walk • Permeable Pavers DG Trail DG Trail and Native Plants South to 22nd Street #4.1) Gateway ft Benches (Typ.) ▪ Interpretive Signage (Typ.) Compost/Soil/Mulch Vermiculture Bins 9.) Proposed Location for Bicycle Parking OALIOPIIPOIA NATIONAL crnr September 2015 ,CALIFORNIA 11 Ce AGENCY May 4, 2015 76I5 IT( -1 it Steve Manganiello, City Engineer City of National City 1243 National City Boulevard National City, CA 91950 DEPT. EDMUND G. BROWNJR., Governor JOHN LAIRD, Secretary for Natural Resources Re: Proposition 84 — Urban Greening for Sustainable Communities Grant Program Paradise Creek Educational Park (formerly Hoover Avenue Park/Paradise Creek Walk) Dear Mr.I�tlanfaniello, Enclosed is your copy of the fully executed Grant Agreement number U59149-0 in an amount not to exceed $840,000.00 for the Paradise Creek Educational Park (formerly Hoover Avenue Park/Paradise Creek Walk) Project. Please distribute copies within your organization as appropriate. Careful review of this Grant Agreement, the Grant Guidelines and associated forms and documents previously provided is critical to ensure your compliance with the grant program requirements. These documents contain important information regarding your reporting obligations, how to correctly request payments to avoid delays and other pertinent information. The section in your Grant Agreement titled Special Provisions may contain additional restrictions on the availability of your grant funds and should be given special attention. Once Diane Sousa Lane gets back to the office in mid -August, she will again become your grant administrator. Until then, should you have any questions, please do not hesitate to contact me at (916) 651-7583 or via email at linda•smithCa?resources.ca.gov. Sincerely, Linda M. Smith, Grants Administrator Bonds and Grants Enclosures 1416 Ninth Street, Suite 1311, Sacramento, CA 95814 Ph. 916.653.5656 fax 916.653.8102 httpJ/resources.ca,00v Baldwin Hrlis Conservancy • California Coastal Commission • California Coastal Conservancy • Cationic Conservation Corps • Cokfornia TahoeComennancy Coachella vales Mountains Conservancy • Cofomdo River Bawd of Ca rfonia • Delta Pmtectian Commission • Delta Stewardship Council • Deportment of Boating &Waterways • Department ofCaetsenntion Department of Fish & Game • Department ofForestry &Fire Protection • Departmenrol Parts& Remotion • Deportment of Resources Recycling and Recovery • Deportment of Water Resources Enemy Resources. Conservation & Development Commission • Native American Heritage Commission • Secmmento-Son Joaquin Delta Conservancy • San Diego Riser Conservany San Francisco Bay Conservation& Development Commission • San Gabriel& Lowe r Los Angeles Rivers& Mountains Conservancy • San Joaquin River Conservancy Santa Monica Mountains Conservancy • Sienahkvada Canservoncy • Stare Lands Commission • Wikjife Conservation Board -3- GRANTEE NAME: PROJECT TITLE: AUTHORITY: PROGRAM: AGREEMENT NUMBER: State of California Natural Resources Agency — GRANT AGREEMENT City of National City Paradise Creek Educational Park (formerly Hoover Avenue Park/Paradise Creek Walk) Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Act of 2006 (Prop 84) Urban Greening Project Grants U59149-0 TERM OF LAND TENURE: 20 years from date of project completion as evidenced by Project Certification Form PROJECT PERFORMANCE PERIOD IS: April 1, 2015 — December 1, 2017 Under the terms and conditions of this agreement, the applicant agrees to complete the project as described in the project scope described in Exhibit A, and any subsequent amendments, and the State of California, acting through the Resources Agency pursuant to the California Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Act of 2006, agrees to fund the project up to the total state grant amount indicated. PROJECT DESCRIPTION: See project description on page 1 and Exhibit A of the Agreement Total State Grant not to exceed $840,000.00 (or project costs, whichever is less) The Special and General Provisions attached are made a part of and incorporated into the Agreement. STATE QF CALIFORNIA MA 1 2AL RE OURCES AGENCY By CITY OF NATIONAL CITY Leslie Deese Title City Manager Date 1/2o/is Title Deputy Assistant Secretary Date AMOUNT OF ESTIMATE AGREEMENT NUMBER FUND FUNDING $840,000.00 U59149-0 6051 - Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Act of 2006 (Prop 84) ADJ INCREASING ENCUMBRANCE APPROPRIATION $ 0540-6051-001-2010-101 ADJ. DECREASING FUNCTION ENCUMBRANCE $ Local Assistance UNENCUMBERED BALANCE LINE ITEM ALLOTMENT CHAPTER STATUTE i FISCAL YEAR $ 0540-6051-101 712 2010 10111 T.B.A. NO. I B.R. NO. INDEX OBJ. EXPEND PCA PROJECT NUMBER 1 0540 751 30591 U59149 I hereby certify upon my personal knowledge that budgeted funds are available for this encum �apce ./ r -2 r �:� ; -/4 6 C �� / SIGNATURE OF ACCOUNTING OFF DATE -4- Agreement No. U59149-0 GRANT AGREEMENT State of California - The Natural Resources Agency Grantee Name: City of National City Project Title: Paradise Creek Educational Park (formerly Hoover Avenue Park/Paradise Creek Walk) Agreement Number: U59149-0 Authority: Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 — Proposition 84 Program: Urban Greening for Sustainable Communities Grant Program PROJECT DESCRIPTION Expand existing community space adjacent to school site and planned development; create a safe route to school path, edible garden and remove a significant amount of hardscape for bioswale and native vegetation. A detailed Project Scope and activities, project schedule and Project Budget are described and attached hereto as Exhibit A. Grant Funds are to be used to preserve, enhance, increase or establish community green areas such as urban forest, open spaces, wetlands and community spaces (e.g., community gardens), in accordance with the provisions contained in the Urban Greening for Sustainable Communities Grant Program and this Agreement. TERMS AND CONDITIONS OF GRANT Special Provisions 1. Recipients of Grant Funds shall post signs acknowledging the source of the funds pursuant to the California Urban Greening for Sustainable Communities Grant Program Grant Guidelines and Application (Application Guidelines). Size, location and number of signs shall be determined by the State. Required signage must be in place before Grant Funds for construction will be released. 2. As conditions precedent to the State's obligation to make any construction funding available pursuant to this Agreement, Grantee shall first provide evidence of compliance with CEQA by January 31, 2016. 3. Upon completion of detailed Project design, plans and specifications, Grantee shall provide to the State for review and approval a revised detailed Project Budget, Project Scope and detailed site plan. If Project includes habitat restoration or landscaping, Grantee shall provide a planting palette demonstrating how native, low-water, drought -resistant vegetation will be used in the Project. Approval by the State of such plans and specifications, or any other approvals provided for in this Agreement, shall be for scope and quality of work and shall not relieve Grantee of the obligation to construct and maintain the facilities, or carry out any other obligations required by this Agreement, in accordance with applicable law or any other standards ordinarily applied to such work or activity. Page 1 -5- Agreement No. U59149-0 15. The term "Project Budget" means the State approved cost estimate included as Exhibit A to this Agreement. 16. The term "Project Scope" means the description or activity for work to be accomplished by the Urban Greening Project. 17. The term "State" means the Secretary for Natural Resources or his/her representatives, or other political subdivision of the State. B. Project Execution 1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum of money (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of Project in this Agreement and its attachments and under the Terms and Conditions set forth in this Agreement. 2. Grantee shall furnish any and all additional funds that may be necessary to complete the Project. 3. Grantee shall complete the Project in accordance with the Project Performance Period set forth on the signature page, unless an extension has been formally granted by the State and under the Terms and Conditions of this Agreement. Extensions may be requested in advance and will be considered by State, at its sole discretion, in the event of circumstances beyond the control of the Grantee, but in no event beyond Mav 1, 2019. 4. Grantee shall at all times ensure that Project complies with the California Environmental Quality Act (CEQA) (Public Resources Code, Division 13, commencing with section 21000, et. seq., Cal Code Regs tit. 14, section 15000 et. seq.) and all other environmental laws, including but not limited to obtaining all necessary permits. Grant Funds will not be disbursed before the close of the period for legal challenge under CEQA. Grant Funds for planning and document preparation may be available sooner if included in the grant Project Scope (Exhibit A) and approved by the State. CEQA compliance shall be completed within one (1) year from the Grant Agreement start date, unless an extension is granted by the State. Changes to the scope resulting from CEQA compliance are permitted provided the State determines that the project continues to meet all objectives of the Urban Greening for Sustainable Communities Grant Program and is consistent with the intent cited in the original Application. If a grantee's project is disapproved on grounds related to the Natural Resource Agency's CEQA determination, the grantee shall have the option of either: (1) reimbursing the Natural Resources Agency for all State -reimbursed preliminary costs (e.g., planning, design, etc.), or (2) relinquishing any planning/design documents, including all copies, reproductions, and variations resulting from said funding, without a license to use or otherwise retain in any form. 5. Projects must comply with Labor Code Section 1771.8 regarding the payment of prevailing wages and the labor compliance program as outlined in the Labor Code Section 1771.5 (b). 6. Grantee certifies that the Project does and will continue to comply with all current laws and regulations which apply to the Project, including, but not limited to, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, and Page 3 -6- Agreement No. U59149-0 3. Grant Funds in this award have a limited period in which they must be expended. Grantee expenditures funded by the State must occur within the time frame of the Project Performance Period as indicated in this Agreement. 4. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Exhibit A approved by the State. The total dollars of a category in the Project Budget may be increased by up to ten percent (10%) through a reallocation of funds from another category, without approval by the State. However, the Grantee shall notify the State in writing when any such reallocation is made, and shall identify both the item(s) being increased and those being decreased. Any cumulative increase or decrease of more than ten percent (10%) from the original budget in the amount of a category must be approved by the State. In any event, the total amount of the Grant Funds may not be increased, nor may any adjustments exceed the limits for management costs as described in the Application Guidelines. D. Project Administration 1. Grantee shall promptly provide Project reports and/or photographs upon request by the State. In any event Grantee shall provide the State a report showing total final Project expenditures with the final payment request and required closing documents. 2. Grantee shall make property and facilities acquired or developed pursuant to this Agreement available for inspection upon request by the State. 3. Grantee shall use any income earned by the Grantee from use of the Project to further Project purposes, or, if approved by the State, for related purposes within the jurisdiction. 4. Grantee shall submit all documentation for Project completion, including a notice of completion as applicable and final reimbursement within ninety (90) days of Project completion, but in no event any later than May 1, 2019. 5. Final payment is contingent upon State verification that Project is consistent with Project Scope as described in Exhibit A, together with any State approved amendments. 6. This Agreement may be amended by mutual agreement in writing between Grantee and State. Any request by the Grantee for amendments must be in writing stating the amendment request and reason for the request. The Grantee shall make requests in a timely manner and in no event less than sixty (60) days before the effective date of the proposed amendment. 7. Grantee must report to the State all sources of other funds for the Project. E. Project Termination 1. Prior to the completion of Project construction, either party may terminate this Agreement by providing the other party with thirty (30) days' written notice of such termination. The State may also terminate this Grant Agreement for any reason at any time if it learns of or otherwise discovers that there is a violation of any state or federal law or policy by Grantee which affects performance of this or any other grant agreement or contract entered into with the State. 2. If the State terminates without cause the Agreement prior to the end of the Project Performance Period, the Grantee shall take all reasonable measures to prevent further costs to the State under this Agreement. The State shall be responsible for any reasonable and non -cancelable obligations incurred by the Grantee in the performance of Page 5 -7- Agreement No. U59149-0 1. Grantee shall maintain satisfactory financial accounts, documents and records for the Project and to make them available to the State for auditing at reasonable times. Grantee shall also retain such financial accounts, documents and records for three (3) years after final payment and one (1) year following an audit. 2. Grantee agrees that during regular office hours, the State and its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to this Agreement or matters related thereto. Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements and receipts with respect to its activities under this Agreement. 3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by the State. H. Use of Facilities The real property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. 2. Grantee shall maintain, operate and use the Project in fulfillment of the purpose funded pursuant to this Grant for a minimum of TWENTY (20) YEARS, consistent with the Land Tenure/Site Control requirements included in the Application Guidelines. The Grantee, or the Grantee's successor in interest in the property, may assign without novation the responsibility to maintain and operate the property in accordance with this requirement only with the written approval of the State. Grantee may be excused from its obligations for operation and maintenance of the Project site only upon the written approval of the State for good cause. "Good cause" includes, but is not limited to, natural disasters that destroy the Project improvements and render the Project obsolete or impracticable to rebuild. 3. Grantee shall use the property for the purposes for which the Grant was made and shall make no other use or sale or other disposition of the property. This Agreement shall not prevent the transfer of the property from the Grantee to a Public Agency, if the successor Public Agency assumes the obligations imposed by this Agreement. 4. If the use of the property is changed to a use that is not permitted by the Agreement, or if the property is sold or otherwise disposed of, at the State's sole discretion, an amount equal to (1) the amount of the Grant (2) the Fair Market Value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, may be reimbursed to the State. If the property sold or otherwise disposed of is less than the entire interest in the property funded in the Grant, an amount equal to either the proceeds from the sale or other disposition of the interest or the Fair Market Value of the interest sold or otherwise disposed of, whichever is greater, shall be reimbursed to the State. 5. The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State. 6. The Grantee shall not use or allow the use of any portion of the real property as security for any debt. I. Nondiscrimination Page 7 -8- Agreement No. U59149-0 2. The Grantee must submit a letter of appeal to the Assistant Secretary explaining why the Deputy Assistant Secretary's decision is unacceptable. The letter must include, as an attachment, copies of the Grantee's original grievance report, evidence originally submitted, and response from the Deputy Assistant Secretary. The Grantee's letter of appeal must be submitted within ten (10) working days of the receipt of the Deputy Assistant Secretary's written decision. The Assistant Secretary or designee shall, within twenty (20) working days of receipt of Grantee's letter of appeal, review the issues raised and shall render a written decision to the Grantee. The decision of the Assistant Secretary or designee shall be final. O. Audit Requirements Urban Greening projects are subject to audit by the State annually and for three (3) years following the final payment of Grant Funds. The audit shall include all books, papers, accounts, documents, or other records of the Grantee, as they relate to the Project for which the Grant Funds were granted. Page 9 -9- EXHIBIT A STATE OF CALIFORNIA NATURAL RESOURCES AGENCY GRANT AGREEMENT Urban Greening for Sustainable Communities Grant Program Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) Grantee Name: City of National City Project Title: Paradise Creek Educational Park Agreement Number: U59149-0 Project Scope: Expand existing community space adjacent to Kimball Elementary School and planned development; create a new safe route to school path, an edible community garden and remove a significant amount of hardscape to create bioswales and a native vegetation park. • Remove approximately 13,600 sq. ft. asphalt paving from Hoover Avenue and W. 19th Street • Establish approximately 0.07 acres of native vegetation with temporary irrigation during its establishment • Install an educational native garden and approximately 500 foot long plant walk with interpretive elements explaining the site's unique salt flat and other habitats • Establish approximately 14,000 sq. ft. of decomposed granite nature trail along Paradise Creek • Establish a community garden for use by both the public and school children • Install a cistern to collect and recycle rain water t Construct a large water -quality bioswale to retain and treat storm water run-off The public will be able to access the new park elements via new entry gateways installed at W. 19th Street (west end) and Hoover Avenue (north end) adjacent to the school. Project Schedule: Activity Description Timeline (Due Date) Obtain Notice to Proceed from State Aril 1, 2015 Submit county -recorded CEQA docs to State January 31, 2016 Submit final site design/plans/specifications to State June 30, 2016 Submit evidence of bond acknowledgment signage October 1, 2016 Award construction contract November 1, 2016 Mobilization, begin construction, restoration, and/or other key activities. December 1, 2016 File Notice of Completion with County October 1, 2017 Record MOUGA/Deed Restrictions Document, and Submit Project Closeout package with final Payment Request to State December 1, 2017 -10- Agreement U59149-0 Exhibit A Page 2 COST ESTIMATE / BUDGET Project Elements Total Amount Prop 84 Urban Greening Grant National City CIP (Local Match)3 $ $ $ 1A. Project Management Costs' Project Management (non -participating) TBD N/A TBD TBD N/A TBD 1B. Planning, Design, & Permitting Environmental Permitting/CEQA $75,000 $75,000 Design (Site Improvements, Planting Pallete) $125,000 $125,000 P Public Outreach $10.000 $10,000 Subtotal Tasks 1A & 1B (not to exceed 25% of grant) $210,000 $210,000 2. Site Preparation2 G General Conditions & Mobilization $20.000 $20,000 C Clearing & Grubbing $35,000 $35,000 G Grading $40,000 $40,000 S Soil $21,000 $21,000 Bio-retention Basin $20,000 $20,000 S Stormwater Pollution Control $40,000 $40,000 Subtotal Task 2 $176,000 $176,000 3. Landscaping/Plant Establishment2 T Trees $7,500 $7,500 I Irrigation $37,500 $37,500 T Transitional Uplands Plant $17,600 $17,600 Bio-retention Basin Plants $3,600 $3,600 Subtotal Task 3 $66,200 $66,200 4. Site Elements2 T Trails - DG Path, Walking Area $28,360 $28,360 Metal Edging $14,675 $14,675 P Permeable Pavers $65,100 $65,100 C Curb and Gutter $6,125 $6,125 B Benches $5,100 $5,100 Raised Beds $45.000 $45,000 V Vermicuiture and Compost Bins $1,600 $1,600 Wrought Iron Fence $10,000 $10,000 Wrought Iron Gate $2,000 $2,000 C Cistern wl pump $120,000 $120,000 I Interpretive/Educational Signage $30,000 $30,000 Subtotal Task 4 $327,960 $327,960 5. Contingency (not to exceed 10% of grant) $59,840 $59,840 Grand Total $840,000 $840,000 Notes:' City will provide project management services at its own expense * Only direct project -related management costs supported by detailed time data will be eligible for reimbursemement. -11- RESOLUTION 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF $840,000 FOR THE PARADISE CREEK EDUCATIONAL PARK URBAN GREENING PROJECT REIMBURSABLE THROUGH THE URBAN GREENING FOR SUSTAINABLE COMMUNITIES GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84); AND ESTABLISHING CORRESPONDING REVENUE AND EXPENDITURE ACCOUNTS (NO LOCAL MATCH REQUIRED) WHEREAS, the purpose of the Paradise Creek Educational Park Urban Greening Project (the "Project") is to expand the existing park located behind Kimball Elementary School by converting portions of Hoover Avenue and West 19th Street into green space; and WHEREAS, elements of the Project include a community vegetable garden, re- establishment of native vegetation, passive use trails and native plant walks, bio-swales and bio-retention basins, and various educational elements; and WHEREAS, on November 5, 2013, the City Council adopted Resolution No. 2013-168 authorizing staff to submit an application for Proposition 84 Urban Greening for Sustainable Communities Grant Program funding for the Paradise Creek Educational Park Urban Greening Project, and authorized the City Manager to execute the grant agreement pending the award; and WHEREAS, on June 3, 2014, the California Strategic Growth Council approved reimbursable grant funds in the amount of $840,000 for the Paradise Creek Educational Park Urban Greening Project; and WHEREAS, in April, 2015, the City Manager executed Grant Agreement No. U59149-0 with the California Natural Resources Agency for the Project, effective April 1, 2015; and WHEREAS, for the Project to proceed, an appropriation in the amount of $840,000, and the establishment of corresponding revenue and expenditure accounts, is required; and WHEREAS, the City will be reimbursed $840,000 in grant funds for project construction expenses from the Urban Greening for Sustainable Communities Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes an appropriation in the amount of $840,000 for the Paradise Creek Educational Park Urban Greening Project, which will be reimbursed through the Urban Greening for Sustainable Communities Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84). [Signature Page to Follow] Resolution No. 2015 Page Two PASSED and ADOPTED this 6th day of October, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney C A L I F O R N I A natural RECEIVED rescrurces ENGINEERING DEPT. AGENCY May 4, 2015 TOIS 1.9,Y -1 A q: 5q Steve Manganiello, City Engineer City of National City 1243 National City Boulevard National City, CA 91950 EDMUND G. BROWNJR., Governor JOHN LAIRD, Secretary for Natural Resources Re: Proposition 84 — Urban Greening for Sustainable Communities Grant Program Paradise Creek Educational Park (formerly Hoover Avenue Park/Paradise Creek Walk) Dear Mr. Milan aniello, Enclosed is your copy of the fully executed Grant Agreement number U59149-0 in an amount not to exceed $840,000.00 for the Paradise Creek Educational Park (formerly Hoover Avenue Park/Paradise Creek Walk) Project. Please distribute copies within your organization as appropriate. Careful review of this Grant Agreement, the Grant Guidelines and associated forms and documents previously provided is critical to ensure your compliance with the grant program requirements. These documents contain important information regarding your reporting obligations, how to correctly request payments to avoid delays and other pertinent information. The section in your Grant Agreement titled Special Provisions may contain additional restrictions on the availability of your grant funds and should be given special attention. Once Diane Sousa Lane gets back to the office in mid -August, she will again become your grant administrator. Until then, should you have any questions, please do not hesitate to contact me at (916) 651-7583 or via email at Iinda.smith(c�resources.ca.gov. Sincerely, Linda M. Smith, Grants Administrator Bonds and Grants Enclosures 1416 Ninth Street, Suite 1311, Sacramento, CA 95814 Ph. 916.653.5656 fax 916.653.8102 http://resources.ca.gov Baldwin Hills Conservancy • Califomia Coastal Commission • California Coastal Conservancy • California Conservation Corps • California Tahoe Conservancy Coachella Valley Mountains Conservancy • Colorado River Board of California • Delta Protection Commission • Delta Stewardship Council • Department of Boating&Waterways • Department of Conservation Department of Fish & Game • Department of Forestry& Fire Protection • Department of Parks & Recreation • Department of Resources Recycling and Recovery • Department ofWaterResources Energy Resources, Conservation & Development Commission • Native American Heritage Commission • Sacramento -San Joaquin Delta Conservancy • San Diego River Conservancy San Francisco Bay Conservation& Development Commission • San Gabriel & Lower Los Angeles Rivers &Mountains Conservancy • San Joaquin River Conservancy 1� Santa Monica Mountains Conservancy • Sierra Nevado Conservancy • State Lands Commission • Wildlife Conservation Board