GAVIN NEWSOM, Governor
WADE CROWFOOT, Secretary for Natural Resources
715 P Street, 20th Floor, Sacramento, CA 95814 Ph. 916.653.5656 www.resources.ca.gov
Baldwin Hills Conservancy • California African American Museum • California Coastal Commission • California Coastal Conservancy • California Conservation Corps • Colorado River Board of California California Energy Commission • California Science Center • California Tahoe Conservancy • Coachella Valley Mountains Conservancy • California Department of Forestry and Fire Protection Delta Protection Commission • Delta Stewardship Council • Department of Conservation • Department of Fish and Wildlife • Department of Parks and Recreation • Department of Water Resources Exposition Park • Native American Heritage Commission • Office of Energy Infrastructure Safety • Sacramento-San Joaquin Delta Conservancy • San Diego River Conservancy • San Francisco Bay Conservation and Development Commission San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy • San Joaquin River Conservancy • Santa Monica Mountains Conservancy • Sierra Nevada Conservancy • State Lands Commission • Wildlife Conservation Board • Ocean Protection Council
January 24, 2022
Matt Rodriguez, City Manager
City of San Pablo
1000 Gateway Avenue
San Pablo, CA 94806
Re: Urban Flood Protection Grant Program – Proposition 68 Sutter Ave. Green Street
Dear Matt Rodriguez:
Congratulations on receiving Urban Flood Protection Program Grant funding in an amount not to exceed $1,760,000.00 for the Sutter Ave. Green Street 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, you will receive an emailed copy for your records.
Please refer to the Project Administration Forms section of our website located 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 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 Alonzo Wilson at (916) 902-6395 or via email at [email protected].
Sincerely,
Andrea Scharffer
Deputy Assistant Secretary for Bonds and Grants
Enclosures
DocuSign Envelope ID: C0A5930C-01F4-4D28-8397-54CC754B258B
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
GRANTEE NAME: City of San Pablo
PROJECT TITLE: Sutter Ave. Green Street
AUTHORITY: California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018
PROGRAM: Urban Flood Protection Grant Program – Proposition 68 AGREEMENT NUMBER: UF8815-0
TERM OF LAND TENURE: 25 years from date of project completion as evidenced by Project Certification Form PROJECT PERFORMANCE PERIOD IS: 12/01/2021 to 03/01/2024 Under the terms and conditions of this agreement, the applicant agrees to complete the project as described in the project sc ope set forth in Exhibit A and any subsequent amendments, and the State of California, acting through the Natural Resources Agency pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018, agrees to fund the project up to the total grant amount indicated.
PROJECT DESCRIPTION: See project description on page 1 and Exhibit A of the Agreement Total State Grant not to exceed $1,760,000.00 (or project costs, whichever is less) The Special and General Provisions attached are made a part of and incorporated into the Agreement.
CITY OF
SAN PABLO
STATE OF CALIFORNIA
NATURAL RESOURCES AGENCY
By: By:
Matt Rodriguez Andrea Scharffer
Title: City Manager Title Deputy Assistant Secretary for Bonds and Grants Date: Date
CERTIFICATION OF FUNDING
AMOUNT OF ESTIMATED FUNDING AGREEMENT NUMBER FUND
$1,760,000.00 UF8815-0
6088 - California Drought, Water, Parks, Climate,
Coastal Protection, and Outdoor Access for All
Fund of 2018
ADJ. INCREASING ENCUMBRANCE FI$CAL PO NUMBER
$
ADJ. DECREASING ENCUMBRANCE FUNCTION
$ Local Assistance
UNENCUMBERED BALANCE REF NUMBER FUND ENACTMENT
YEAR ACCOUNT NUMBER ALT ACCOUNT
$ 101 608800002 2019 5432000 5432000000
PROGRAM PCBU PROJECT ACTIVITY RPTG
STRUCTURE SVC LOC AGENCY USE BUDGET
PERIOD
0320 0540 0540UF88150 31868 05400001 31868 B7552 2021
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance __________________________________________________
SIGNATURE OF ACCOUNTING OFFICER
_______________________________
DATE
DocuSign Envelope ID: C0A5930C-01F4-4D28-8397-54CC754B258B 1/27/2022
1/27/2022
Agreement No. UF8815-0
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
(DEVELOPMENT PROJECT)
Grantee Name: City of San Pablo
Project Title: Sutter Ave. Green Street
Agreement Number: UF8815-0
Authority: California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018
Program: Urban Flood Protection Grant Program – Proposition 68
PROJECT DESCRIPTION
Project to construct a multi-benefit green street to reduce flooding, calm traffic, enhance pedestrian safety and improve stormwater quality. Includes bioswales as intersection bulb- outs, silva cells, planting of street trees and larger storm drain-pipes and inlets to allow increased stormwater capacity.
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 for multi-benefit projects to address flooding in urbanized areas in accordance with the Urban Flood Protection Grant Program Application Guidelines 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 Application Guidelines. Size, location , and number of signs shall be approved 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 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. If the plant 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 laws or any other standards ordinarily applied to such work or activity.
3. The Grantee may be required to record Deed Restrictions , incorporating by reference this Grant Agreement and giving public notice that the Grantee received F unds 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.
4. 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 12/ 01/2022.
DocuSign Envelope ID: C0A5930C-01F4-4D28-8397-54CC754B258B Agreement No. UF8815-0
5. Grantee has agreed to use labor provided in part by either the California Conservation Corps (CCC) and/or the California Association of Local Conservation Corps (CALCC). If use of these services is deemed no longer feasible or practical by mutual consent between the corps and Grantee, a new corps consultation form shall be provided to the State releasing the Grantee of its obligation.
General Provisions
A. Definitions
1. The term "Act" means Proposition 68, California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018.
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 Flood Protection Grant Program 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 “Grant Agreement” means a contractual arrangement between the State and Grantee specifying the payment of funds by the State for the performance of specific project objectives within a specific project performance period by the Grantee.
9. The term "Grantee" means an applicant who has a signed an agreement for Grant Funds.
10. 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.
11. The term “Other Sources of Funds” means cash or in-kind contributions that are required or used to complete the project beyond the Grant Funds provided by this Agreement.
12. The term “Payment Request Form” means Form RA212.
13. The term "Project" means the Development activity described in the application as modified by Exhibit A to be accomplished with Grant Funds.
14. The term “Project Budget” means the State approved cost estimate included as an Exhibit to this Agreement.
15. The term “Project Scope” means the description or activity for work to be accomplished by the Project.
DocuSign Envelope ID: C0A5930C-01F4-4D28-8397-54CC754B258B Agreement No. UF8815-0
16. The term “Public Agency” means any State of California department or agency, a county, city, public district, or public agency formed under California law.
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 the 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 March 1, 2024.
4. Grantee shall at all times ensure that the 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 Flood Protection Grant Program and is consistent with the intent cited in the original Application.
If Grantee's project is disapproved on grounds related to the Natural Resource Agency's CEQA determination, 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. The Project must comply with any applicable laws pertaining to prevailing wage and labor compliance.
6. Grantee certifies 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 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 DocuSign Envelope ID: C0A5930C-01F4-4D28-8397-54CC754B258B Agreement No. UF8815-0
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 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 the Project at the request of the State.
C. Project Costs
1. Unless otherwise agreed upon, 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.
c. Advance payments may be made at the discretion of the State.
d. Grantee agrees to use any Grant Funds advanced by the State under the terms of this Agreement solely for the Project herein described.
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.
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.
DocuSign Envelope ID: C0A5930C-01F4-4D28-8397-54CC754B258B Agreement No. UF8815-0
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 P roject 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 March 1, 2024.
5. Final payment is contingent upon State verification that the 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 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 t erminates 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.
DocuSign Envelope ID: C0A5930C-01F4-4D28-8397-54CC754B258B Agreement No. UF8815-0
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 for the purposes as stated in the application 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, oper ation 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 li ability 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.
DocuSign Envelope ID: C0A5930C-01F4-4D28-8397-54CC754B258B Agreement No. UF8815-0
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 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-FIVE (25) 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 A gency 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 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.
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 discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of DocuSign Envelope ID: C0A5930C-01F4-4D28-8397-54CC754B258B Agreement No. UF8815-0
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 t his 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
Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part.
N. Disputes
1. 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:
2. 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.
DocuSign Envelope ID: C0A5930C-01F4-4D28-8397-54CC754B258B Agreement No. UF8815-0
3. 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 Gra ntee’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 dec ision. 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
Grant 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.
DocuSign Envelope ID: C0A5930C-01F4-4D28-8397-54CC754B258B
EXHIBIT A
1 STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
Grantee Name: City of San Pablo
Project Title: Sutter Ave. Green Street
Agreement Number: UF8815-0
Project Location: Sutter Ave (from Rumrill Blvd. to 23rd Street)
Project Scope: The Sutter Ave. Green Street Project will design and construct a multi-benefit "green, complete" street to reduce flooding, calm traffic, enhance pedestrian safety and comfort, plant new street trees and improve stormwater quality. Grant- funded project elements include:
• Construction management
• Community engagement and outreach via public meetings and development of materials
• Utility relocation services
• Site preparation including demolition and grading
• Construction of approximately:
o 1,500 square feet of sidewalk and 4 blocks of pedestrian-friendly intersection bulb-outs and street chicanes
o 3,050 square feet of pervious concrete with drywell
o 14 ADA-compliant ramps and 2,000 linear feet of curb and gutter o storm-drain improvements including approximately 3 trash capture devices, and 300 linear feet of reinforced concrete pipe o 2,002 square feet of silva cell modular suspended pavement system
Project to be constructed on publicly accessible roads
Project Schedule:
Activity Description Timeline
Project planning and design Dec 2021 – March 2022
Submit CEQA docs to State October 2021 – December 2021
Submit final site design/plans/specifications to State* January 2022 – March 2022 Submit evidence of signage December 2022
Construction April 2023 – March 2024
Plant Establishment** April 2023 – March 2024
Record Deed Restriction and Submit Project Closeout package with final Payment Request to State
October 2023 – March 2024
*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.
DocuSign Envelope ID: C0A5930C-01F4-4D28-8397-54CC754B258B
EXHIBIT A
2 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 two (2) years.
Cost Estimate: See Exhibit A-1
DocuSign Envelope ID: C0A5930C-01F4-4D28-8397-54CC754B258B Urban Flood Protection Grant Program
City of San Pablo
Sutter Ave. Green Street UF8815-0
Exhibit A-1 Cost Estimate
Project Elements TOTAL
Prop 68: Urban
Flood Protection
Grant
1. Direct Project Administration Costs
1.1 Staff Time 37,200.00$ -$
1.2 Public meetings & material development 45,100.00$ 45,100.00$
1.3 Public Outreach: Pop-up tables and outreach assistance 32,000.00$ 4,000.00$ Sub-total 114,300.00$ 49,100.00$
2. Planning/Design/Engineering/ Environmental
2.1 Design and Engineering 668,050.00 $ -$
2.2 Design Report 14,000.00 $ -$
2.3 Environmental Documents 21,000.00 $ -$ Sub-total 703,050.00$ -$
3. Construction/lmplementation
3.1 Construction Management Team 280,000.00$ 260,000.00$
3.2 Mobilization 220,025.00 $ -$
3.3 Utility Relocation 98,430.00 $ 98,430.00$
3.4 Demolition and Grading 230,000.00 $ 230,000.00$
3.5 Concrete work: Sidewalk 57,000.00 $ 57,000.00$
3.6 Concrete work: Pervious concrete with drywell 250,100.00$ 250,100.00$
3.7 Concrete work: ADA ramp, curb and gutter 204,000.00$ 204,000.00$
3.8 Storm drain improvements (inlets, pipes) 241,000.00$ 241,000.00$
3.9 Bioretention 547,525.00 $ -$
3.10 Suspended Mondular Pavement Systems (e.g. Silva Cells)370,370.00$ 370,370.00$
3.11 Irrigation 50,000.00 $ -$
3.12 Street Trees 6,000.00 $ -$
3.13 Landscaping (other than trees) 78,000.00 $ -$
3.14 Pavement Overlay and Striping 280,000.00 $ -$
3.15 Amenities (trash cans, public art, fencing) 11,000.00$ -$
3.16 Funding acknowledgement sign: Construction 6,000.00$ -$
3.17 Civic Corps: Plantings 16,000.00 $ -$
3.18 Public Signage (Street signs and educational signs) 15,000.00$ -$
3.19 Operations and Maintenance Plan 1,800.00$ -$
3.20 Signage (Grant and Educational) 10,000.00$ -$ Sub-total 2,972,250.00$ 1,710,900.00$
4. Monitoring/Performance
4.1 Update & revise PAEP post-grant award and updates 14,400.00$ -$
4.2 Infiltration Monitoring (Plan, Wells and Monitoring) 22,000.00$ -$
4.3 Trash Monitoring 12,000.00 $ -$
Sub-total 48,400.00$ -$
Non-Construction Sub-total 865,750.00$ 49,100.00$ Construction Sub-total 2,972,250.00$ 1,710,900.00$ Grand Total 3,838,000.00$ 1,760,000.00$
*Only direct project management costs are eligible; no 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.
DocuSign Envelope ID: C0A5930C-01F4-4D28-8397-54CC754B258B Certificate Of Completion
Envelope Id: C0A5930C01F44D28839754CC754B258B
Status: Sent
Subject: Please DocuSign: City of San Pablo UFP Grant Agreement 0540-UF88150 Source Envelope:
Document Pages: 14
Signatures: 1
Envelope Originator:
Certificate Pages: 5
Initials: 2
Alonzo Wilson
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1416 9th Street
Sacramento, CA 95814
[email protected]
IP Address: 136.200.53.19
Record Tracking
Status: Original
1/24/2022 2:59:23 PM
Holder: Alonzo Wilson
[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: Department of Water Resources
Location: DocuSign
Signer Events
Signature
Timestamp
Stacey Bell
[email protected]
Deputy Chief, Bonds Fiscal Resources
California Natural Resources Agency
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 136.200.53.17
Sent: 1/24/2022 3:23:28 PM
Viewed: 1/27/2022 9:33:44 AM
Signed: 1/27/2022 11:28:22 AM
Electronic Record and Signature Disclosure:
Accepted: 5/15/2020 8:27:06 AM
ID: 53bf5e17-b1a5-4c99-b974-95d86f740b46
Melissa Jones
[email protected]
Program Manager
California Natural Resources Agency
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(None)
Signature Adoption: Pre-selected Style
Using IP Address: 136.200.53.17
Sent: 1/27/2022 11:28:25 AM
Viewed: 1/27/2022 1:50:31 PM
Signed: 1/27/2022 1:50:41 PM
Electronic Record and Signature Disclosure:
Accepted: 5/18/2020 11:12:22 AM
ID: 81fcc43b-21f4-4b06-9b53-15a66831f0c0
Andrea Scharffer
[email protected]
Assistant Deputy of Bonds and Grants is
Department of Water Resources
Security Level: Email, Account Authentication
(None)
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Using IP Address: 136.200.53.18
Sent: 1/27/2022 1:50:44 PM
Viewed: 1/27/2022 4:49:29 PM
Signed: 1/27/2022 4:49:35 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Matt Rodriguez
[email protected]
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Sent: 1/27/2022 4:49:38 PM
Viewed: 2/3/2022 4:49:43 PM
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ID: f6b9cba6-dfbd-4151-a047-464d46498b83
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Andrea Scharffer
[email protected]
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(None)
Electronic Record and Signature Disclosure:
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Ronald Vikash
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 4/14/2020 8:24:18 AM
ID: 57f78961-56a8-47fa-971a-8b1c7ab5cc8b
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Gloria Agoncillo
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 4/9/2020 8:27:19 AM
ID: 0617c21b-7b69-494f-86c8-c0cd697ea5b9
Stacey Bell
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 5/15/2020 8:27:06 AM
ID: 53bf5e17-b1a5-4c99-b974-95d86f740b46
Amanda Booth
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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Electronic Record and Signature Disclosure
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How to contact Department of Water Resources:
Electronic Record and Signature Disclosure created on: 10/17/2018 11:08:40 AM Parties agreed to: Stacey Bell, Melissa Jones, Matt Rodriguez, Ronald Vikash, Gloria Agoncillo, Stacey Bell You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by phone call: (916) 653-5791
To contact us by paper mail, please send correspondence to:
Department of Water Resources
P.O. Box 942836
Sacramento, CA 95236-0001
To advise Department of Water Resources of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from Department of Water Resources To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to [email protected] and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any.
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By checking the 'I Agree' box, I confirm that:
I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and
Until or unless I notify Department of Water Resources as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Department of Water Resources during the course of my relationship with you.