GAVIN NEWSOM, Governor
WADE CROWFOOT, Secretary for Natural Resources
May 2, 2022
Jeffrey W. Collier, City Manager
City of Fullerton
303 W. Commonwealth Avenue
Fullerton, CA 92832
URBAN GREENING GRANT PROGRAM – UNION PACIFIC TRAIL PHASE II
Dear Jeffrey:
Congratulations on receiving Urban Greening Grant Program Grant funding in an amount not to exceed $1,777,200.00 for the Union Pacific Trail Phase II Project.
The Grant Agreement is being sent via DocuSign for signature. Please sign and initial the provisions and exhibits in the Grant Agreement. Careful review of each section is critical as the terms are binding within this agreement. As soon as the agreement is fully executed and processed through our accounting system, we will forward a copy by email for your records.
Please refer to the Project Administration Forms section at https://resources.ca.gov/grants/Grant-Program-Resources for forms and reference documents associated with this grant. Our office provides technical assistance throughout the grant period, including a grant management/payment workshop.
We will be in contact to coordinate a date that works best for your staff.
Should you have any questions, please do not hesitate to contact Ron Benny at (916) 902-6359 or via email [email protected].
Sincerely,
Andrea Scharffer
Deputy Assistant Secretary
Bonds and Grants
Enclosures
DocuSign Envelope ID: C133D13B-1EE3-440E-9A44-5DB17AE4CDA6
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
GRANTEE NAME:
City of Fullerton
PROJECT TITLE:
Union Pacific Trail Phase II
AUTHORITY:
Senate Bill (SB) 859
PROGRAM:
Urban Greening Grant Program
AGREEMENT NUMBER:
U29194-0
TERM OF LAND TENURE:
25 years from date of project completion as evidenced by Project Certification Form
PROJECT PERFORMANCE PERIOD IS: 05/01/2022 to 03/01/2026
Under the terms and conditions of this agreement, the applicant agrees to complete the proje ct as described in the project scope described in Exhibit A, and any subsequent amendments, and the State of California, acting through the Natural Resources Agency pursuant to Senate Bill (SB) 859, 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 $1,777,200.00
(or project costs, whichever is less)
The Special and General Provisions attached are made a part of and incorporated into the Agreement.
CITY OF FULLERTON
STATE OF CALIFORNIA
NATURAL RESOURCES AGENCY
By
By
Jeffrey W. Collier
Title City Manager
Andrea Scharffer
Title Assistant Deputy Secretary for Bonds and Grants Date Date
CERTIFICATION OF FUNDING
AMOUNT OF ESTIMATE
FUNDING AGREEMENT NUMBER FUND
$1,777,200.00 U29194-0 3228- Greenhouse Gas Reduction Fund ADJ. INCREASING
ENCUMBRANCE FI$Cal PO Number
$
ADJ. DECREASING
ENCUMBRANCE FUNCTION
$ Local Assistance
UNENCUMBERED BALANCE REF NUMBER FUND ENACTMENT
YEAR ACCOUNT NUMBER ALT ACCOUNT
$ 101 3228 2019 5432000 5432000000
PROGRAM PCBU PROJECT ACTIVITY RPTG
STRUCTURE SVC LOC AGENCY
USE
BUDGET
PERIOD
0320 0540 0540U291940 32291 05400001 32291 2020
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
__________________________________________________
SIGNATURE OF ACCOUNTING OFFICER
__________________________
DATE
DocuSign Envelope ID: C133D13B-1EE3-440E-9A44-5DB17AE4CDA6 5/3/2022
5/4/2022
5/5/2022
5/5/2022
5/12/2022
Agreement No. U29194-0
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
Grantee Name: City of Fullerton
Project Title: Union Pacific Trail Phase II
Agreement Number: U29194-0
Authority: Senate Bill (SB) 859
Program: Urban Greening Grant Program
PROJECT DESCRIPTION
Project to construct an approximately .5 -mile multi-use side by side pedestrian and Class 1 bicycle paths. The project will fill a gap connecting the eastern and western sections of the city and transform a former railroad right -of-way. Includes planting approximately 176 trees, over 10,000 shrubs, water capture components and other trails amenities.
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 in accordance with the provisions contained in the Urban Greening Grant Program and this Agreement.
Projects should reduce GHG emissions by enhancing and
expanding neighborhood parks; provid ing greening of public lands and structures; m itigating urban heat islands; establishing green streets and alleyways; or developing nonmotorized urban trails that provide safe routes for travel between residences, workplaces, commercial centers, and schools.
TERMS AND CONDITIONS OF GRANT
Special Provisions
1. Recipients of Grant Funds shall post signs acknowledging the source of the funds pursuant to the Urban Greening Grant Program 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. 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 S cope 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 . If the pl ant palette includes non- natives, provide justification for review and approval by the State. All plantings will be no greater than fifteen gallons. Approval of said plans is a condition precedent to the State’s obligation to make any construction funding available pursuant to this Agreement . The approval by the State of such plans and specifications, or any other approvals provided for in this Agreement, shall be for scope of work as described in Exhibit A 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 s or any other standards ordinarily applied to s uch work or activity.
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3. 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 08/31/2022.
4. The Grantee may be required to record Deed Restrictions , i ncorporating 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 Grant ee has agreed to the terms of this Agreement.
5. Grantee shall provide to the State an annual project outcome report for three years. The reporting period begins once all project elements are complete, and a final inspection has been conducted.
General Provisions
A. Definitions
1. The term "Act" means Senate Bill (SB) 859 and/or Senate Bill (SB) 856.
2. The term “Agreement” means this Grant Agreement.
3. 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.
4. The term “Application Guidelines” means the Urban Greening Grant Program Grant Guidelines and Application.
5. The term “Development” means improvement, rehabilitation, restoration, enhancement, preservation, protection and interpretation or other similar activities.
6. 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).
7. The term “Grant” or “Grant Funds” means the money provided by the State to the Grantee in this Agreement.
8. The term "Grantee" means an applicant who has a signed agreement for Grant Funds.
9. 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.
10. 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.
11. The term “Payment Request Form” means Form RA212.
12. The term "Project" means the Development activity described in the application as modified by Exhibit A to be accomplished with Grant Funds.
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13. The term “Project Budget” means the State approved cost estimate included as an Exhibit to this Agreement.
14. The term “Project Scope” means the description or activity for work to be accomplished by the Urban Greening Project.
15. The term “Public Agency” means any State of California department or agency, a county , city, public district or public agency formed under California law.
16. 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 T erms and C onditions 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 March 1, 2026.
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 objecti ves of the Urban Greening 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 Resource Agency's CEQA determination, the grantee shall have the option of either: (1) reimbursing the Resource 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 otherwi se retain in any form.
5. Projects must comply with any applicable laws pertaining to prevailing wage and labor compliance.
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Agreement No. U29194-0
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 disabled access laws. Grantee cer tifies 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 to the Project in accordance with the intent of the Act.
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 int erest 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, DocuSign Envelope ID: C133D13B-1EE3-440E-9A44-5DB17AE4CDA6
Agreement No. U29194-0
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.
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 dollar s 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 submit written 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 P roject completion, including a n otice of completion as applicable and final reimbursement within ninety (90) days of Project completion, but in no event any later than March 1, 2026.
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. The State may also terminate this Grant Agreement for any reason at any time if it learns that the Grantee made false representations during the DocuSign Envelope ID: C133D13B-1EE3-440E-9A44-5DB17AE4CDA6
Agreement No. U29194-0
evaluation process, either knowingly or because Grantee failed to act reasonably. This can include, but is not limited to, identifying conditions or uses at the site that would otherwise be inconsistent with the purposes of the award, or would have deemed the project less competitive. The State reserves the right, in such cases, to require Grantee to repay any amounts already expended.
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 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 P roject 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 proper ly 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 DocuSign Envelope ID: C133D13B-1EE3-440E-9A44-5DB17AE4CDA6
Agreement No. U29194-0
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
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
1. 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 it s 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-FIVE (25) YEARS, consistent with the Land Tenure/Site Control requirements included in the Application Guidelines. T he 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 G rant (2) the Fair Market V alue 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 V alue of the interest sold or otherwise disposed of, whichever is greater, shall be reimbursed to the State.
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Agreement No. U29194-0
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
1. During the performance of this grant, grantee and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation. Grantee and subcontractors shall ensure that the evaluation and treatment of all persons, and particularly their employees and applicants for employment are free from such discriminat ion and harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, §12900 et seq.) and the applicable regulations promulgated thereunder (Cal.
Code Regs, tit. 2, §7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, §12990 (a)–(f), are incorporated into this grant by reference and made a part hereof as if set forth in full (Cal. Code Regs, tit. 2, §7285.0 et seq.). Grantee shall include this non-discrimination and compliance provisions of this clause in all subcontracts to perform work under the grant.
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
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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 Administrat or, 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, t he 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.
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 Grants are subject to audit by the State as frequently as annually during the project and for the project life. 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.
DocuSign Envelope ID: C133D13B-1EE3-440E-9A44-5DB17AE4CDA6
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
Urban Greening Grant Program
Senate Bill (SB) 859- Greenhouse Gas Reduction Fund
Grantee Name: City of Fullerton
Project Title: Union Pacific Trail Phase II
Agreement Number: U29194-0
Project Location: Project is located between South Richman Avenue and West Truslow Avenue in the City of Fullerton.
Project Scope:
Project to construct an approximately .5-mile multi-use side by side pedestrian and Class 1 bicycle paths that will connect the eastern and western sections of the city and transform a former railroad right-of-way.
Includes planting approximately 176 trees, over 10,000 shrubs, water capture components and trails amenities.
Project elements funded by this grant:
• Construction Management
• NPDES Permitting
• Bonds & Insurance
• Construction Fencing Located at Trailheads
• CalSense Irrigation System
• Plant Establishment**
• Underground Electrical for lights and Irrigation
• Exterior Trail Lighting
• Site Preparation Includes Approximately:
o 145,194 SF of Clearing and Grubbing
o 1,168 CY of Excavation and Removal
• Trail Construction Includes Installation of Approximately:
o 17,662 SF of Decomposed Granite Trail
o 2 ADA Curb Cuts
o 31,320 SF of Class I Bikeway
o 394 LF of Security Wall
o 412 LF of Split Rail Fencing
o 6 Wayfinding Signs and Striping for Bikeway Trail
• Landscaping Includes Installation of Approximately:
o 96,078 SF of Weed Abatement and Soil Preparation
o 14,287 SF of Flatted Groundcover*
o 2,402 4’ Pots*
o 8,932 1-Gallon Shrubs*
o 46 1-Gallon Vines*
o 1,024 5-Gallon Shrubs*
o 34 15-Gallon Shrubs*
o 176 15-Gallon Trees*
o 808 CY of 3" Organic Mulch
• Electrical/Lighting Includes Installation of Approximately:
o 1 Service and Controls
o 1 Electrical Panel
• Site Furnishings Includes Installation of Approximately:
o 15 Bollards
o 4 Trash Receptacles
o 5 Benches
o 2 Funding Acknowledgement Signs
DocuSign Envelope ID: C133D13B-1EE3-440E-9A44-5DB17AE4CDA6
EXHIBIT A
Public can access via trailheads located at Richman Avenue, Highland Avenue, and Independence Park.
Project Schedule:
Activity Description Timeline
Preliminary work on the project May 2022 – June 2024
Submit final site design/plans/specifications to State* June 2024 Submit evidence of signage June 2024
Begin construction August 2024
Plant Establishment** October 2025
Record MOUGA and Submit Project Closeout
package with final Payment Request to State
March 2026
*A plant palette for all plants within the footprint of the project must be submitted with final designs and reflect appropriate species for the site, with consideration given to carbon sequestration, inclusion of native species where feasible, pollinator habitat, and low water, drought tolerant plantings. Trees, regardless of the funding source, may not exceed 15 gallons in initial planting size.
All projects must comply with the Model Water Efficient Landscape Ordinance (MWELO), all Governor Executive Orders, and local water ordinances.
**Plant establishment reimbursed by the grant not to exceed three (3) years.
Cost Estimate: See Exhibit A-1
DocuSign Envelope ID: C133D13B-1EE3-440E-9A44-5DB17AE4CDA6 Exhibit A-1: Cost Estimate
Project Name: Union Pacific Trail Phase II
Grantee: City of Fullerton
Grant No. U2919-0
TOTAL AMOUNT UG GRANT CITY OF FULLERTON
1 Planning, Monitoring and Reporting $20,000 $0 $20,000 2 Construction Management & Inspection $144,150 $144,150 $0 3 Engineering $131,800 $0 $131,800
4 NPDES Permit $20,000 $20,000 $0
5 Bonds and Insurance $110,000 $110,000 $0
6 Environmental Documents $18,920 $0 $18,920
$444,870 $274,150 $170,720
1 Clearing/Grubbing $36,299 $36,299 $0
2 Unclassified excavation and removal $29,200 $29,200 $0 3 Construction Fencing $2,000 $2,000 $0
Subtotal Task B $67,499 $67,499 $0
1 Decomposed Granite Trail $88,310 $88,310 $0
2 ADA curb cut $10,000 $10,000 $0
3 Class 1 Bikeway $313,200 $313,200 $0
4 Security Wall $98,500 $98,500 $0
5 Split Rail Fencing $20,600 $20,600 $0
6 Signage and Striping $8,000 $8,000 $0
Subtotal Task C $538,610 $538,610 $0
1 Irrigation System $174,390 $174,390 $0
2 Weed Abatement $9,608 $9,608 $0
3 Soil Preparation $24,020 $24,020 $0
4 Flatted Groundcover $7,144 $7,144 $0
5 4' Pots $9,008 $9,008 $0
6 1 Gallon Shrubs $125,048 $125,048 $0
7 1 Gallon Vines $644 $644 $0
8 5 Gallon Shrubs $25,600 $25,600 $0
9 15 Gallon Shrubs $5,100 $5,100 $0
10 15 Gallon Trees $26,400 $26,400 $0
11 3" Organic Mulch $60,600 $60,600 $0
12 Plant Establishment $8,734 $8,734 $0
Subtotal Task D $476,296 $476,296 $0
1 Underground Electrical $88,290 $88,290 $0
2 Exterior Lighting $112,330 $112,330 $0
3 New Electrical Panel $5,000 $5,000 $0
4 Service and Controls $29,260 $29,260 $0
Subtotal Task E $234,880 $234,880 $0
1 Bollards $10,500 $10,500 $0
2 Trash Receptacles $3,200 $3,200 $0
3 Benches $7,500 $7,500 $0
4 Drinking Fountains $21,000 $0 $21,000
5 Exercise Equipment $109,000 $0 $109,000
3 Funding Acknowledgement Signs $3,000 $3,000 $0
Subtotal Task F $154,200 $24,200 $130,000
Total Construction $1,471,485 $1,341,485 $130,000
Contingency (not to exceed 10% of grant) $191,557 $161,565 $29,992 TOTAL $2,107,912 $1,777,200 $330,712
F. Site Furnishings
*Only direct project management costs are eligible; no general operational overheard/indirect costs are reimbursable. In-service payroll may not include a “billable rate” or administrative cost allocation. *All invoices and receipts for all project expenditures from all funding sources will be retained and made available in the event of any future State Audits.
PROJECT ELEMENTS
B. Site Preparation
Subtotal Task A (not to exceed 25% of grant)
A. Project Management
C. Trail Construction
D. Landscaping
E. Lighting/Electrical
NON-CONSTRUCTION
CONSTRUCTION
DocuSign Envelope ID: C133D13B-1EE3-440E-9A44-5DB17AE4CDA6 Certificate Of Completion
Envelope Id: C133D13B1EE3440E9A445DB17AE4CDA6
Status: Completed
Subject: Please DocuSign: Cover Ltr for Signature - U29194-0.doc, 0540U291940_Grant Agreement.pdf FormID:
Source Envelope:
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Ron Benny
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1416 9th Street
Sacramento, CA 95814
[email protected]
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Stacey Bell
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Department of Water Resources
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Ronald Vikash
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Sophie Xu
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Stacey Bell
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Deputy Chief, Bonds Fiscal Resources
California Natural Resources Agency
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Alice Loya
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