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11-124 Funding Agreement, Stevens Creek Corridor Phase 2, Project 9134, River Parkways Grant Program OFFICE OF THE DIRECTOR OF PUBLIC WORKS CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 C U P E RT I N O TELEPHONE: (408)777-3354• FAX: (408) 777-3333 DATE: August 22, 2013 TO: Distribution FROM: Gail Seeds RE: Stevens Creek Corridor PhasE- 2, Project 9134— Funding Agreement Amendment #1, California River Parkways program For your records, attached is a copy of the executed Amendment No. 1 for grant funding for the Stevens Creek Corridor Park and Restoration Phase 2 project from the California River Parkways grant program. Distribution: City Clerk(w/original), Finance/El. Woo/J. Chang File 92,069.02/9134.10- CRP grant State of California Natural Resources Agency Safe Drinking Water,Water Quality and Supply, Flood Control, River and Coastal Protection Act of 2006 Proposition 84-River Parkways Grants AMENDMENT #1 TO GRANT AGREEMENT R54104-0 GRANTEE NAME: City of Cupertino PROJECT TITLE: Stevens Creek Corridor Park&Restoration Phase 2 This amendment is hereby made and agreed upon by the State of California,acting through the Natural Resources Agency and by the City of Cupertino pursuant to the above identified program. The State and Grantee, in mutual consideration of th( promises made herein and in the agreement,of which this is an amendment,agree to tl�e following: Extend the project performance period to December 31,2015 In all other respects,the agreement and the terms and conditions if relevant thereto, shall remain in full force and effect. In witness whereof,the parties hereto have executed this amendment as of the date entered below. STATE OF CALIFORNIA CITY OF CUPERTINO NATURAL RCES AGENCY By �— l _ By David r-ar'dt Bryan as Title �? City Manager Title Deputy Assistant Secretary Date s 12 S _ Date CERTIFICATION OF FUNDING AMOUNT OF ESTIMATE AGREEMENT NUMBER FUND FUNDING _ 6051 -Safe Drinking Water,Water Quality and $1,215,000.00 R54110-0 Supply, Flood Control, River and Coastal Protection Act of 2006 (Prop 84) ADJ.INCREASING APPROPRIATION ENCUMBRANCE $ 0540-6051-001-2009-101 ADJ.DECREASING FUNCTION ENCUMBRANCE $ Local Assistance UNENCUMBERED BALANCE LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR $ 0540-6051-001-2009-101 1 2009 09110 T.B.A.NO. B.R.NO. INDEX OBJ.EXPEND PCA PROJECT NUMBER 0540 751 30541 R54104 I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance SIGNATURE OF ACCOUNTING 6Ftic DATE C A L I F O R N I A EDMUND G.BROWNJR.,Governor naturatJOHN LAIRD,Secretary for Natural Resources 'reso rc A G E N C Y RECEIVED AUG 2 0 N13 August 13, 2013 P WORKS DF°�F` `'"FNT UBLIC Gail Seeds City of Cupertino Public Works Dept. 10300 Torre Avenue Cupertino, CA 95014 Re: Proposition 84 — River Parkways Grant Program; Stevens Creek Corridor Park & Restoration Phase 2 Dear Ms. S ds: E ed is your copy of Amendment No. 1 for Grant Agreement number R54104-0 in an amount not to exceed $1,215,000 for the Stevens Creek Corridor Park & Restoration Phase 2 Project. Please retain this copy for your records, and distribute copies within your organization as appropriate. There is no change to the total funding available under the agreement. If you have any further questions, please contact me at (916) 651-7593 or via email at laurie.heller(a-resources.ca.gov . 5 Sinc ly, urie Heller Grants Administrator Bonds and Grants Enclosure 1416 Ninth Street,Suite 1311,Sacramento, CA 95814 Ph. 916.653.5656 Fax 916.653.8102 http://resources.co.gov Baldwin Hills Conservancy•California Coastal Commission•California Coastal Conservancy•CalifontioConservadonCorps•California Tahoe Comervancy Coachella ValleyMoumains Conservancy•Colorado RiverBoandofCalifornia•Delta Protection Commission•Delta Stewardship Council•Department ofBoating&Waterways•DepartmentofConservation Department of Fish&Game.Department of Forestry&Fin protection•Department of Parks&Recreation•DeportmentofResources Recycfingond Recomy•Department of Water Resources Energy Resources,Conservation&Development Commission•Native American Heritage Commission•Sacramento-Son Joaquin Delta Conservancy•San Diego River Conservancy San Francisco Bay Conservation&Development Commission•San Gabriel&Lower Los Angeles Rivers&Mountains Conservancy•San Joaquin RiverComervancy C� Santa Monica Mountains Conservancy•Sierra Nevada Conservcrny•State Lands Commission•Wildlife Conservation Board State of California Natural Resources Agency—GRANT AGREEMENT GRANTEE NAME: City of Cupertino PROJECT TITLE: Stevens Creek Corridor Park&Restoration Phase 2 AUTHORITY: Safe Drinking Water,Water Quality and Supply, Flood Control, River and Coastal Protection Act of 2006 PROGRAM: California River Parkways Grant Program—Proposition 84 AGREEMENT NUMBER: R54104-0 TERM OF LAND TENURE: September 1, 2011 through August 31,2036 PROJECT PERFORMANCE PERIOD IS: September 1, 2011 through December 30, 2013 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 Natural Resources Agency pursuant to the 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: Restore the final reach of Stevens Creek,create 550 feet of pool and riffle stream habitat including fish habitat structures; create 90 feet of backwater wetland and 1.0 acre of riparian&wetland habitat;add 1.25 acre of oak woodland plantings and extend trail 1,350 feet along the creek to bus stop. See project description on page 1 and Exhibit A of the Agreement. Total State Grant not to exceed $ 1,215,000.00 (or project costs,whichever is less) The Special and General Provisions attached are made a part of and incorporated into the Agreement. STATE OF CA •-NIA ITY OF CUPERTINO 1110 ATURAL RE %v NCY By l _ B � � David W. Knapp BY-1n Cal " Title City Manager _ Title Deputy Assistant Secretary Date 9 , ! Z , 1 ( Date \ l ES l l� CERTIFICATION OF FUNDING AMOUNT OF ESTIMATE AGREEMENT NUMBER FUND FUNDING 6051 -Safe Drinking Water,Water Quality and $1,215,000.00 R54110-0 Supply, Flood Control, River and Coastal Protection Act of 2006 (Prop 84) ADJ. INCREASING APPROPRIATION ENCUMBRANCE $ 0540-6051-001-2009-101 PROGRAM 10 ADJ.DECREASING FUNCTION ENCUMBRANCE $ Local Assistance UNENCUMBERED BALANCE LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR $ 0540-6051-001-2009-101 1 2009 09/10 T.B.A.NO. B.R.NO. INDEX OBJ.EXPEND PCA PROJECT NUMBER 0540 751 30541 . R54104 I hereby ify upon my personal knowledge that budgeted funds are available for this encumbrance u apt— SIGN URE OF ACCOUNTING OFFICER DATE Agreement No. R54104-0 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"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 California River Parkways Grant Program Grant Guidelines and Application. 5. The term "Development" means improvement, rehabilitation, restoration, enhancement, preservation, protection and interpretatior 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 river parkway 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. 13. The term"Project Budget" means the State approved cost estimate included as Exhibit A to this Agreement. 14. The term "Project Scope" means the description or activity for work to be accomplished by the River Parkway 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. Page 2 Agreement No. R54104-0 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 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. 3. Advance payments may be made if warranted by compelling need at the discretion of the State. 4. 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. Page 4 Agreement No. R54104-0 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 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 acquisition of land for river parkways or the restoration, protection and development of river parkways 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 it 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 shay request a jury apportionment. Page 6 Agreement No. R54104-0 1. The Grantee shall not discriminate against any person on the basis of sex, race, color, ancestry, religious creed, national orign, 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 Agreemen;, 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 Page 8 STATE OF CALIFORNIA NATURAL RESOURCES AGENCY GRANT AGREEMENT California River Parkways 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 Cupertino Project Title: Stevens Creek Corridor Park & Restoration Phase 2 Agreement Number: R54104-0 Project Scope: The project will open to the public five acres of parkland purchased by Cupertino in 1999. The 5-acre parcel will be incorporated into Steven Creek corridor open space, which is focused on passive recreation and environmental education and is in the heart of Santa Clara Valley. RESTORATION Stevens Creek originates in the Santa Cruz Mounta ns and drains 30 square miles as it travels 20 miles to Lower South San Francisco Bay. The dam at Stevens Creek Reservoir has reduced gravel loads to the stream system and exacerbated creek bed downcutting and diminishing steelhead spawning and rearing habitat. Phase One restoration was completed in collaboration with the Santa Clara Valley Water District. This Phase 2 Project will restore approximately 1,400 additional linear feet, in the upper reach of the Stevens Creek channel, to improve floodplain functionality and steelhead habitat with approximately 1-1/4 new acres of native riparian, wetland and upland hacitat. The Project will: 1. Widen creek to the east and remove channel lining over approximately 580 lineal feet. 2. Create over 500 feet of pool and riffle stream habitat approximately 50-55 feet wide, with bank full channel width varying from 20 to 25 feet, and in-stream bankfull bench width ranging from 4 to 12 feet 3. Install fish habitat structures targeted at the federally threatened Central California Coast steelhead including a. 3 Pool-Riffle Sequences b. 1 Log Crib Wall c. 4 Log Jam Fish Habitat Structures 4. Create approximately 90 feet of new willow swale/backwater wetland habitat approximately 50 feet wide 5. Remove approximately 750 lineal feet of invasive nonnative plants along the creek banks (e.g. Himalayan blackberry, vinca, ivy) and approximately 1,200 square feet of Arundo donax 6. Install approximately 3/4 acre of native riparian and wetland plants along the restored stream channel and in the new backwater wetland habitat area 7. Install approximately 1/2 half acre of native oak woodland plants to create edge and upland habitat along the creek corridor TRAIL The Stevens Creek Trail is a regional spur trail to the San Francisco Bay Trail and Juan Bautista De Anza National Historic'Trail. Its planned route extends from the San Francisco Bay Trail to the Bay Area Ridge Trail and the Skyline to the Sea Trail. This Project will construct the final segment of Stevens Creek Trail in Cupertino between Stevens Creek Boulevard and McClellan Road. Stevens Creek Corridor Park and Restoration Project Phase 2 City of 2upertino Exhibit A Budget R54104-0 Environ. Santa Clara Calif Enhance. Valley Water River &Mitig. District and TDA Unit/Qty. TOTAL Parkways Program City Article 3" PRECONSTRUCTION COSTS Design and Permitting for Restoration&Trail Design Fees LS $620,000 $217,000 SO $403,000 SO Topographic survey LS 30,000 30,000 Environmental LS 40.000 40.000 Consultant support LS 128,000 128,000 Permitting &Project Admin.Expenses LS 30.000 30.000 Design and Permitting SUBTOTAL $848,000 $217,000 SO $631,000 $0 CONSTRUCTION COSTS Services Native Plantings-collect&grow native plants 1100 EA 520,000 '.$0. SO $20.000 SO Services SUBTOTAL $20,000 $O SO $20,000 SO Construction Contract Site Preparation for Restoration&Trail Mobilization LS $170.000 $110,000 $25,000 $35.000 SO Startup activities(SWPPP,tree protection fencing etc.) LS 25,000 0 10,000 $15,000 Flow Diversion System&Dewatering LS 125.000 80,000 45.000 Site Preparation Subtotal $320,000 $190,000 $35,000 $95,000 $0 • Stream Restoration-Widen Creek,Create Pools&Riffles,Create New Backwater Site Prep(clearing&grubbing,invasives removal,remove trees, $47,000 $25,000 $0 $22,000 SO remove&stockpile riprap,survey staking,etc.) Demolition and Disposal 580 CY 120.000 63,000 57.000 Trees for Woody Habitat Elements 9 EA 11,000 11.000 Earthwork LS 90,000 80,000 10,000 3 Pool-Riffle Sequences,6 Log Jam/Fish Structures LS 110.000 50,000 60,000 Channel Restoration Materials&Placement LS 153,000 100,000 53,000 Log Crib Wall 60 LF 80,000 65,000 15,000 Temporary Measures&Erosion Control LS 50.000 0 50.000 Pool and Riffle and Backwater Restoration Subtotal $661,000 $383,000 SO $278,000 SO Stream Restoration-Relocate Sewer Line for Creek Widening Relocate&Replace Sewer Line LS $90,000 570,000 SO 520.000 SO Relocate Sewer Line Subtotal $90,000 $70,000 SO $20,000 50 Stream Restoration-Riparian&Adjacent Upland Habitat Planting $55,000 $40,000 $0 $15,000 SO Install Riparian&Upland Plants.Irrigation,Maint.Period 1100 EA Riparian&Adjacent Upland Habitat Planting Subtotal $55,000 S40,000 SO $15,000 SO Trail&Amenities Construction Excavation and Grading ' LS $29,000 - $29,000 Trail Installation 10,400 SF 119,000 50,000 40,000 29,000 Baserock and Subgrade Preparation 10,400 SF 43,000 0 43,000 Trailside Protection Fence 375 LF 40.000 40,000 0 New Footbridge over creek 1 EA 175.000 30,000 120,000 25.000 Walkway to Bus Stop LS 16,000 16,000 Landscape Plantings 400 SF 9,000 9,000 Renovate Parking Lot for trail users LS 120,000 0 120,000 Retaining Wall at sidewalk 100 LF 16,000 16.000 Drainage modifications LS 13,000 13.000 . Crosswalk;Roadway Reconfiguration;New Median LS 40,000 40,000 Trailside amenities-benches,trash cans.dog waste bag dispenser 14,000 0 14,000 Signage 10,000 0 5,000 5,000 Wood Fencing 250 LF 15.000 0 15.000 Trail Construction Subtotal 5659,000 5120,000 5165,000 5374,000 SO Upland Habitat Planting Install Native Plants 900 EA $40,000 $0 $15.000 $25,000 Install Irrigation System LS 32.000 30.000 52.000 0 Upland Habitat Planting Subtotal $72,000 SO $45,000 $27,000 SO Orchard Restoration $50.000 - SO SO $50,000 SO New Trees.Irrigation System.Establishment LS Orchard Subtotal $50,000 SO SO $50,000 SO Construction Contract SUBTOTAL $1,907,000 $803,000 $245,000 $859,000 SO PROJECT COST SUMNLARY-Preconstruction&Construction ' Design and Permitting,above $848.000 $217,000 $631,000 0 Services,above-contract grow plants . 20.000 20,000 Construction Contract,above 1,907.000 .803,000. 245.000 859,000 Construction Change Order Allowance 263,500 263,500 Construction Management Inspection&Testing 400.000 195.000. 205,000 Preconstruction&Construction Subtotal 53,438,500 51,215,000 5245,000 $1,978,500 SO First Year Monitoring and Public Outreach Public Outreach $6,500 SO SO $6,500 SO First Year Plant Establishment 15,000 15,000 Monitoring Site Visits&first year monitoring report 40,000 40,000 First Year Monitoring and Public Involvement Subtotal $61,500 SO SO 561,500 $0 Total Project Cost Estimate 53,500,000 $1,215,000 $245,000 52,040,000 State of California Natural Resources Agency California River Parkways Grant Program See instructions on reverse PAYMENT REQUEST FORM 1. GRANT NUMBER 2. DATE RANGE OF EXPENDITURES 3. GRANTEE 4. PROJECT TITLE 5. TYPE OF PAYMENT 6. PAYMENT REQUEST NUMBER ❑ Advance ❑ Reimbursement ❑ Final 7. PAYMENT INFORMATION (Round all figures down to the nearest whole dollar) a. Grant Project Amount .$ b. Funds Requested To Date $ c. Available (a. minus b.) $ d. Amount Of This Request $ e. Remaining Funds to be Requested After This Payment(c. minus d.) $ 8, SEND PAYMENT TO._ PAYEE NAME STREET ADDRESS CITY/STATE/ZIP CODE ATTENTION EMAIL ADDRESS PHONE NUMBER 9. By my signature below, I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California,that this report, and any accompanying documents, for the above-mentioned Grant are true and correct to the best of my knowledge, and all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement. NAME OF PERSON AUTHORIZED IN RESOLUTION TITLE SIGNATURE OF PERSON AUTHORIZED IN RESOLUTION DATE FOR STATE OF CALIFORNIA NATURAL RESOURCES AGENCY USE ONLY Withhold Funds: Requested: $ Approved Amount: $ ❑YES ❑ NO Less Amt: $ Code: FY 0540-751-PCA Proj# PAYMENT APPROVAL SIGNATURE DATE RA212 Revised 11-2010 State of California Natural Resources Agency PAYMENT REQUESTS One Payment Request Form must be submitted for each grant project. The following instructions are keyed to corresponding items on the Payment Request Form: 1. PROJECT NUMBER —The number assigned by the State to this project. 2. DATE RANGE OF EXPENDITURES — List by month and year the start and end dates in which the expenditures occurred for which payment is requested. 3. GRANTEE — Grantee name as shown on the grant agreement. 4. PROJECT TITLE —Title of project for which payment is requested. 5. TYPE OF PAYMENT — Check appropriate box. Please note that Advance Payments and Final Payments require additional documentation. Please see your Grant Agreement for details. 6. PAYMENT REQUEST NUMBER — Indicate the number of payment requests. 7. PAYMENT INFORMATION *Please note that all payment requests are subject to a ten percent withhold amount to be paid upon project completion. The payment information entered on lines 7.a-e should not reflect current or previous 10%withhold amounts. a. Grant Project Amount— The amount of state grant funds assigned to this project. b. Funds Requested to Date —Total amount already requested for this project. c. Available — (a. minus b.) d. Amount of This Payment Request —Amount currently requested. e. Remaining Funds After This Payment— (c. minus d.) 8. SEND PAYMENT TO — Payee name, address and contact person. Please include the email and phone number of the contact person. If payment is to be sent directly to an escrow company for acquisition projects, provide escrow company name and escrow account number. 9. SIGNATURE OF PERSON AUTHORIZED IN RESOLUTION — Must be an original signature by the person authorized in the application resolution. If the application resolution authorizes a position, the person who currently holds that position must sign. 10. REQUIRED ATTACHMENTS - The following documents must be submitted with the Payment Request Form: a. Itemized List of Project Expenditures (all payment requests) b. Approved Cost Estimate Detailing Line Items and Categories of Expenditures (all payment requests) c. Equipment Costs Form (if requesting payment for grantee-owned or rental equipment on project) d. Labor Costs Form (if using in-house staff on project) RA212 Revised 11-2010 I w E o LL E O 0 U J .' 0 E0 m A co 7. O I- I CD 0 LL U O re E _ O = m v v; a a g J = J n ct 7 O 14 = +� H CU 0 Cl) d V ~ to ° )U) W O O m O a A I °� E co = m co a) r' .J `o C d O •v) ( a L >, a 6 c) 4.N LL. 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LU E 0 w U E vy cc IL ' 2 C L o o a o Cl) °1 U �o a E w d (D 0 U Z _ w LL M o a y j E C 0 y z 0 E O u L Y 0 d O o 0 '3 <p Z y W a` a 0 p Z = y p m re o t • p a ., W o Z = _ a_ o > 1 a) M U o 0 ° 0 1 U r- O u ILL ; J c J s m `�° U J Q > 0 0 a a a Cr) < - ,QQ C J ■ y c Q < z V 'o y ` Q w m I- C7 Q C7 O C.) 7 O h m a 0 a) v) a' O U) F- :a � C u_ mm as I- U 3 W o co N >- m n m 3 I- w a ▪ C) a d W C9 Qa o� L. a w > • W 3 as LL u o co JR in < u i a Ts a ' >- y m 0 n d G W Cl) O C U a. Z M V ` LL 1 d r a, I-. L o ` U) CD w O w d N H U w c LU E t 0 u a w LL a II, LL Dl o I- II- l0 °)I-.. 0 E d w k. o "Q ° m -c E c aoi "U z E `° ) - -1-- z y v 7. c c d r4 c., ,.'O E e o m $ I ; ci 0 0 a aT ► a`:': State of California The Natural Resources Agency Documents Required for the Department of Finance Audit Please have the following documents, files, records, and other resources available for the Department of Finance during their audit of the grant. Internal Controls: 1. Grantee's organization charts. 2. Written internal procedures and flowcharts for the following procedures: a. Grantee's receipts and deposits b. Grantee's disbursements c. Grantee's invoice preparation 3. Audit reports covering the Grantee's inlernal control structure and/or expenditures within the last two years. Contracts: 1. Original contract between the Grantee and the State, including any amendments. 2. All contract documents between the Grantee and any subcontractors. 3. Listing of all active or completed contracts funded by Proposition 12, 13, 40, and 50. Budgets: 1. Budget modification documents. Invoices: 1. Invoices from the Grantee to the State for payments made under the grant. 2. Invoices from the subcontractors to the Grantee for payments made under the grant. 3. All supporting documentation associated with the above invoices. Cash Documents: 1. Receipts showing payments received from the State. 2. Deposit slips showing deposit of the payments received from the State. 3. Canceled checks or disbursement documents showing payments made to vendors for contract disbursements. 4. Bank statements showing the deposit of the receipts and interest earned on any monies held by the Grantee. Accounting Records: 1. Ledgers showing entries for cash receipts and cash disbursements. Travel/Per Diem: 1. Grantee travel policies. 2. Travel claims for travel costs charged to the contract organized by the Grantee Invoice on which the travel was charged. 3. Mileage logs, if mileage for grantee employees claimed and paid with Grant funds. Project Files: 1. All supporting documentation maintained in the project files. NATURAL RESOURCES AGENCY The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Costal Protection Act of 2006 - Proposition 84 California River Parkways Grant Program — Project Closeout Document CERTIFICATION FORM FOR DEVELOPMENT PROJECTS NAME OF GRANTEE: GRANT NUMBER: PROJECT NAME: GRANTEE ADDRESS: PHONE:( ) FAX: ( ) EMAIL: Grantee Contact for Audit Purposes NAME: TITLE: PHONE: (_) EMAIL: PROJECT DESCRIPTION —List facilities/amenities developed (attach additional pages, as necessary): PROJECT COSTS FUNDED BY RIVER PARKWAYS $ PROJECT COSTS FUNDED BY OTHER SOURCES OF FUNDS $ TOTAL PROJECT COSTS $ INTEREST EARNED ON ADVANCE GRANT FUNDS $ HAS A NOTICE OF COMPLETION BEEN FILED FOR THE ABOVE PROJECT? YES NO IF NO, PLEASE EXPLAIN (attach additional pages as necessary): REQUIRED ATTACHMENTS (submit one copy of each item listed below): 1. Notice of Completion (as applicable) 2. Summary of Expenditures from All Project Fundng Sources Form 3. Recorded Memorandum of Unrecorded Grant Agreement 4. Final Payment Request Package (Payment Request Form, Itemized List of Project Expenditures Form, and Labor Costs and Equipment Costs Forms, if applicable.) CERTIFICATION: I hereby certify that all grant funds were expended on the above named project(s), that the project(s) complies with the California Environmental Quality Act and all other environmental laws, including but not limited to obtaining all necessary permits, that the project(s) is complete and we have made final payment for all work done. I represent and warrant that I have full authority to execute this Project Certification of project completion on behalf of the Grantee. I declare under penalty of perjury that the foregoing project certification of project completion for the above-mentioned Grant is true and correct. Signature of Grantee Fiscal Representative Title Date Print Name and Title Recording requested by, and ) when recorded, return to: ) State of California ) Natural Resources Agency ) Bonds & Grants ) 1416 Ninth Street, Suite 1311 ) Sacramento, CA 95814 ) Space above this line for Recorder's use MEMORANDUM OF UNRECORDED GRANT AGREEMENT This Memorandum of Unrecorded Grant Agreement (Memorandum), dated as of , 20 , is recorded to provide notice of an agreement between the State of California, by and through the California Natural Resources Agency ("Agency") and ("Grantee"). RECITALS • On or about , , Agency and Grantee entered into a certain Grant Agreement, . Grant No. ("Grant"), pursuant to which Agency granted to Grantee certain funds for the acquisition or development of certain real property, more particularly described in attached Exhibit A, consisting of the legal descriptions and/or deeds, and incorporated by reference (the "Real Property") and bearing Assessor Parcel Numbers listed below. APNs (list here) — • Under the terms of the Grant, Agency reserved certain rights with respect to the Real Property. • Grantee desires to execute this Memorandum to provide constructive notice to all third parties of certain Agency reserved rights under the Grant. NOTICE • 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. • 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. • The Grantee shall not use or allow the use of any portion of the real property as security for any debt. • For additional terms and conditions of the Grant, reference should be made to the Grant Agreement, which is on file with the California Natural Resources Agency, 1416 Ninth Street, Suite 1311, Sacramento, California 95814. GRANTEE: By: