RPVCCA_CC_SR_2012_12_18_H_Abalone_Cove_Shoreline_Parks_Improvements_ProjectCrTYOF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
f7r JIM HENDRICKSON,INTERIM DIRECTOR OF PUBLIC
WORKS&l!
DECEMBER 18,2012
AWARD DESIGN CONTRACT FOR ABALONE COVE
SHORELINE PARK IMPROVEMENTS PROJECT
(SUPPORTS 2012 CITY COUNCIL GOAL NO.4,
PUBLIC INFRASTRUCTURE)
CAROLYN LEHR,CITY MANAGER cY-
Staff Coordinator:Siamak Motahari,Senior Engineer .S'J/
RECOMMENDATIONS
1.Award contract to Melendrez to provide plans,specifications and cost estimate for
the Abalone Cove Shoreline Park Improvements project in an amount not to exceed
$52,500 and authorize staff to spend up to a maximum of $4,030 (allowance)for
possible unforeseen design work,for a total of authorization of $56,530.
2.Authorize the Mayor to execute the contract with Melendrez.
BACKGROUND
The Land and Water Conservation Fund program provides matching grants for acquisition
or development of lands and facilities that provide or support public outdoor recreation.On
November 1,2010,pursuant to Council authorization at its October 19,2010 meeting,the
City filed a Land and Water Conservation Fund (LWCF)grant application with the
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California State Parks and Recreation Department for improvements at Abalone Cove
Shoreline Park.The total cost for the Project is estimated at $665,176.
On December 7,2011,State Parks notified the City that it is the recipient of the LWCF
grant in the amount of $332,588 for the Abalone Cove Park Improvement Project.The
LWCF grant is a reimbursement program and has a match requirement of 50%.On
February 21,2012,the City Council adopted a resolution approving a budget appropriation
for the Abalone Cove Shoreline Park Improvement Project in the amoi.lnt of $332,588 to
cover the grant's required 50%matching fund..
DISCUSSION
Project Description
The LWCF grant is a reimbursement program.The City is expected to fund the entire
project,and the grant award will reimburse the City for 50%of the total project cost.The
Abalone Cove Shoreline Park Improvement Project derives from the September 2,2008
Council adopted Coast Vision Plan (Vision Plan).The Vision Plan provides the City with
conceptual guidance for implementing future improvements to key areas along the coast.
The Vision Plan identifies the following goals for the Abalone Cove site:
•Add new park amenities -picnic tables,shade features,benches,trash
receptacles,and an ADA accessible bluff top trail and trail signage.
•Implement an invasive species removal and low profile shade tree planting program
within the park.
Recognizing that public participation is a key component to a project's success,City Staff
conducted a focus group meeting on October 22,2010 to gather input from community
members regarding this project plans.The focus group consisted of representatives from
the City Council,neighbors of Abalone Cove,former Public Use Master Plan (PUMP)
Committee,Los Serenos de Point Vicente,PVPLC,the Library District,the School District,
Terranea,and Park Rangers.The focus group was facilitated by Staff from the City
Manager's Office,Community Development and Recreation and Parks Departments.
Based on the grant scoring criteria and input received from the focus group,the plan for
the Abalone Cove Shoreline Park Improvement Project proposes to:
•Replace picnic tables and benches;
•Construct two shade structures;
•Replace trash receptacles;
•Install a drinking fountain;
•Install mutt mitt dispensers;
•Install park benches;
•Improve trail heads and all trails/paths;
•Improve picnic areas (grading);
•Replace bluff top fencing;
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R6876-0001 \1514565v2.doc H-2
•Install interpretive sign age along trails;
•Install viewing nodes/telescope (grading);
•Provide public art nodes (grading);
•Install a Preserve kiosk sign;
•Install boulders;
•Install landscaping and irrigation;
•Install exploration play area;and
•Install bike racks.
These park improvements will significantly improve access and the educational experience
at the park.Lastly,these park improyements are consistent with the General Plan Land
Use Map designation of Recreation-Passive and the Open Space Recreation (OR)zoning
designation..
ADDITIONAL INFORMATION
Melendrez Professional Services Agreement
In June of 2012,Staff sent a request for proposals to 21 consultants to submit their
statements of qualifications for the design of the subject project.Seven consultants
submitted their qualifications for review.A panel consisting of four staff members who
are involved in various aspects of this project reviewed the respondents'general
background,qualifications and specific skills pertinent to this type of project.The panel
narrowed the list to two consultants for interviews.After the interviews,the panel found
Melendrez and its sub-consultant for civil er:lgineering design (KPFF Consulting
Engineers)to be the most qualified design firms for this project.The evaluation was
based on experience of the firms in providing similar services,relevant experience of
individual team members assigned to the project,an understanding of the project,an
ability to perform duties within budget,previous services provided to the City and other
clients on the Palos Verdes Peninsula by the firms and/or team members assigned to
the project,and the appropriateness of project schedule.
The process of selection of the design firm was in accordance with guidelines of the
Brooks Act,also known as Qualification Based Selection,Public Law 92-582.
According to these guidelines,Staff took the next step to discuss and finalize the details
of the.scope of design work with the finalist consultant and asked it for a fee proposal
for the agreed upon scope.
The consultant's proposed base fee is $40,300.For what is included in the final
detailed scope of a quality design work (described in attachment 2),Staff finds the fee
to be reasonable and in line with industry standards.In addition to the base fee,there
are a few fee allowances to cover work which mayor may not be necessary.These
allowances are payable only with prior written approval from staff.The breakdown of
the total fee is as follows:
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R6B76-0001\1514565v2.doc H-3
Abalone Cove Shoreline Park Improvements Project
Design Fee Breakdown
Item Description Amount Notes
Design and Construction Administration Base $40,300 PayableFee
Reimbursable Expenses (Estimated)$4,700 Payable as necessary
Storm Water Pollution Prevention Program $4,500 Payable if it becomes necessary to
(SWPPP)Fee Allowance prepare the SWPPP
Soil Fertility Test Allowance $3,000 Payable if soil testing becomes
necessary
Unforeseen Design Items Allowance Payable if it becomes necessary to
$4,030 include any unforeseen items (10%of(Requested by Staff)base feel .
Total $56,530
Focus Group
City Staff has set up a homepage and list-serve dedicated to this project on the City's
website to allow the public to stay informed and involved in the project's progress.
Moreover,City Staff intends to engage the focus group throughout the design process.
Project's Schedule
The project's implementation will begin soon after the Professional Services Agreement
is authorized by the City Council and a Notice to Proceed is issued.Work is tentatively
scheduled as follows:
•Project Initiation and Field Inve.ntory:2 months
•Design Development:1.5 months
•Construction Plans:2.5 months
•Project Bidding and Award:2.5 months
•Construction:4.5 months
FISCAL IMPACT
The City Council's approval tonight will obligate $56,530 from the project's approved
budget.This amount includes $4,700 reimbursable costs and a total allowance amount
of $11,530 as broken down in the table above.The allowance amounts may be used
only with prior written approval from Staff.
The total cost for the proposed improvements is estimated to be $665,176.The LWCF
grant will reimburse 50%of the project cost.The City's approved project budget of
$332,558 will cover the remaining 50%of the project cost.
Page 4 of 5
R6876-0001\1514565v2.doc H-4
CONCLUSION
Awarding the contract will allow Melendrez to begin preparing the necessary
engineering plans for the construction of Abalone Cove Shoreline Park Improvements
Project.
Attachments:
1.Maps of Abalone Cove Shoreline Park Improvements Project
2.Melendrez scope of work and fee proposal
3.Professional Services Agreement with Melendrez
Page 5 of 5
R6876-000l \15l4565v2.doc H-5
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Attachment 1
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Attachment 1
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Abalone Cove Park Improvements
City of Rancho Palos Verdes,CA
FINAL
November 27,2012
A.Project Assumptions
1.
2.
PROJECT AREA:The site consists of approximately 172,000 s.f.or
3.94 acres (see attached plan).
BASES:The City of Rancho Palos Verdes shall provide a surveyor
accurate,electronic base sheets (AutoCAD Ver.2000 or later)to the
Project Team in order to develop drawings showing proposed
improvements including building footprints and openings,and survey
showing existing improvements including:property lines,topography,
easements,curbs,utilities,structures,light poles,paving,tree trunk
locations and sizes (diameter at 4'high),planting areas and irrigation
systems.
3.SCOPE:The LANDSCAPE ARCHITECT and Consultants are
responsible for the design,construction documents,and field
observation,in compliance with applicable codes,for:
a.Grading,drainage and utilities (including SWPPP if this optional task
is required,and erosion control)
b.Permeable pedestrian paving for trails/paths/viewing nodes/outdoor
classrooms
c.Site fencing
d.Children's exploration play area
e.Planting (coordinated with City Staff /City Consultant)
f.Irrigation (controller design based on availability of existing services
on site)
g.Site amenities (benches,tables,bike racks,drinking fountains
(including water line),boulders,shade structures,telescopes).
Custom amenities are not included.
h.Installation of signage (signage design to be provided by others)
4.PHASING:The project will be designed and implemented in one
continuous effort and not separated into multiple bid packages or
construction phases.
5.CONSULTANTS:The work of the following Consultants is included:
a.Irrigation Consultant -included in Landscape Architect's scope of
work
b.Civil Engineer
Any other necessary consultants are in addition to the contract and will
be billed at a factor of 1.10.
6.SOIL FERTILITY TEST:If necessary,the LANDSCAPE ARCHITECT
shall engage a consultant to provide soils tests and analysis for fertility
and agricultural suitability with recommendations for soil amendments by
H-8
RESPONSIBiliTIES:Construction Documents will inclu~e hardscape
layout and details,site rough and fine grading and drainage,and
signage.Design shall follow the current CAL ADAAG and ·Iocal ADA
guidelines.
INTERIOR PLANTING:Interior planter and planting design and
irrigation are not included.
a soils testing laboratory prior to the commencement of Construction
Documents.Grow tests may be required if hazard materials are present
on the site .
SPECIFICATIONS:The City of Rancho Palos Verdes shall provide the
standard General Conditions,Special Conditions,and Bidding
Instructions.Technical Specifications for Construction Items shall be
provided by the Design Team in Green Book Format or CSI Master
Formal.
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10.FOUNTAIN MECHANICAL ENGINEERING:Fountain mechanical
design and related consultant's fees are not included.If requested,
LANDSCAPE ARCHITECT will provide fee for the City of Rancho Palos
Verdes'review and approval at the completion of Conceptual Design.No
fountains are anticipated.
11.ON-STRUCTURE COORDINATiON:The work effort is on-grade,not
on-structure.
12.UTiliTY COMPliANCE:Project Team shall coordinate utilities to
identify and locate any existing or required future utilities.The Design
Team,in conjunction with the City of Rancho Palos Verdes,shall also
review designs with utility companies,the Fire Marshall's office and any
other outside agencies for compliance with code requirements and
obtain any necessary approvals.
13.COST ESTIMATING:Cost estimates for the scope of work shall be
prepared by the Design Team at 100%Design Development and at
100%Construction Documents phase.
14.APPROVAL AND PERMITS:Coordination for Agency approvals and
building permits shall be by the City of Rancho Palos Verdes and
submittals of pians made and coordinated by Landscape Architect unless
otherwise noted.
15.WORK AUTHORIZATION APPROVAL:Written request to commence
each task constitutes approvai of prior work.Changes requested by
owner,to design work previously approved but requested in subsequent
phases of work,wili be considered additionai services.Additional
services requests will be documented,approved in writing by the City of
Rancho Palos Verdes,and billed on an hourly basis.
16.RECORD DRAWINGS:Preparation of record drawings shall be by the
Contractor in a format acceptable to the City of Rancho Palos Verdes.
17.ARBOR 1ST REPORT:Existing trees can be evaluated by a Certified
Arborist provided by the City of Rancho Palos Verdes if necessary.
Existing tree trunks and canopies shall be noted on survey by City of
Rancho Palos Verdes's Surveyor.
Proposal
Abalone Cove Park Improvements
FINAL November 27,2012
Page 2 of B
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ADDITIONAL SERVICES:Tasks not included in this Scope of Services,
but requested by the City of Rancho Palos Verdes shall be identified as
such and billed at the LANDSCAPE ARCHITECT's or appropriate
Consultant's current Hourly Rates.
FEES:City of Rancho Palos Verdes shall pay all agency fees,permits
and assessments ..
SPECIAL MEETINGS:Necessary preparation time and attendance at
public hearings or agency meetings by LANDSCAPE ARCHITECT are
not within tliis Scope of Services and will be considered an additional
service unless otherwise noted.
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21.PROJECT BUDGET:Level of design and construction documentation
is based on an assumed vaiue of improvements of approximately
$621,000..
22.TIME SCHEDULE:The design work phase schedule shall be eight
months.Changes to the schedule shall be made by mutual agreement.
B.Scope of Service
Phase I -Schematic Design (Task A)-2 months anticipated duration
Based on direction to proceed and receipt of electronic data and base sheets,the
DESIGN TEAM will provide:
1.Program review with the City of Rancho Palos Verdes.
2.Site visiVfield inventory and review of existing conditions,including
clarification of invasive plant species issue with City Staff /City
Consultant.
3.Review municipal landscape ordinances along with grant requirements.
4.Conceptual design plan,colored and rendered (includes one design
refinement based on Client and Focus Group comments).
a.Hardscape/paving for project area trails/paths/viewing
nodes/outdoor classrooms,which will be ADA accessible.If
accessibility is an unreasonable hardship,the City of Rancho
Palos Verdes shall file for an exemption.
b.Planting
c.Signage locations
d.Furnishings including two shade structures,picnic tables,
benches,trash and recycling receptacles,a drinking fountain,
mutt mitt dispensers,bike racks and a telescope.
e.Children's Exploration Play Area
f.Bluff fencing for project area
5.Photo image boards.
6.Preliminary coordination as required with Civil Engineers.
7.Menu of project items and estimated unit costs
8.Attendance at maximum 4 design/review meetings (anticipated every
other week)to be coupled with 4 focus group meetings.Eight meetings,
Proposal
Abalone Cove Park Improvements
FINAL November 27,2012
Page 3 of 8
H-10
in four work sessions.Focus group meetings are anticipated to address
the following issues:1.Programming,opportunities and constraints;2.
Optional Redirection Dialogue;3.Conceptual design plan;4.Optional
revisiting of design plan based on refinement..
Phase II -Design Development (Task B)-1 month anticipated duration
Based on approval of the Schematic Design,the DESIGN TEAM will provide:
1.Coordinatiqn with Civil Engineer to provide site drains,curb drains;and
water stub-outs/P.O.C.for irrigation system and drinking fountains and
water line,as well as SWPPP if this optional task is necessary.
2.Preliminary erosion control plan.
3.Preliminary fine grading and drainage plan.
4.Hardscape design with paving materials,ramps,furnishings and sign age
identified.
5.Preliminary planting plans with major plant material types and locations
identified.
6.Sections and/or elevations as necessary to clarify design intent.
7.Preliminary structural details for shade structures.
B.Outline specifications in Green Book Specifications.
9.Preparation of Statement of Probable Construction Cost.
10.Attendance at maximum 1 City review/coordination meeting and
maximum 1 one Focus Group meeting at which the final design
development plan will be presented.
Phase III-Construction Documents (Task B)-10 week anticipated duration
Based on approval of the Design Development plans the DESIGN TEAM will
provide:
1.Civil Engineering Plans and Details -erosion control,grading/drainage,
horizontal control,SWPP if required,and utility plans and details.
2.Structural Details -shade structure details as required.
3.Site Construction Plans and Details -locations and type of all paving
materials and exterior hardscape elements,including types of materials,
colors,textures,dimensions,site furnishings,children's exploration play
elements,signage,and boulders.
4.Planting Plan and Details -detailed plant call outs and planting details.
5.Irrigation Plan and Details -detailed automatic irrigation plan indicating
location and type of backfiow prevention,P.O.C.,mainlines,laterals,
heads,valves,quick couplers,and automatic controllers.
6.Technical specifications for all project elements in either CSI format or
Green Book Specifications.
Proposal
Abalone Cove Park Improvements
FINAL November 27,2012
Page 4 of8
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7.Attendance at maximum 3 review/coordination meetings.
Construction Drawings are anticipated to inciude the following drawings:
Sheet Name
General Notes,Legend
Erosion Control Plan
Grading Plan •
Paving and Layout Plan
Drainage Plan
Civil Details
Tree Preservation Plan
Construction Plan
Construction Plan -Blow ups
Construction Details
Irrigation Plan
Irrigation Details
Planting Plan
Planting Details
Structural Detaiis
Total Sheets:
Scale
N.A.
1"=20'
1"=20'
1"=20'
1"=20'
N.A.
1"=20'(minimum)
1"=20'
1/8"=1 '
N.A
1"=20'(Minimum)
N.A.
1"=20'(Minimum)
N.A.
N.A.
Quantity
1
1
1
1
1
2
1
1
1
2
1
2
1
1
1
18
Phase IV -Bidding (Task C)-.75 day anticipated duration
During the bidding of the construction documents,the DESIGN TEAM will:
1.Answer questions from contractors.
2.Prepare addenda as needed.
3.Provide copies qf documentation as necessary for the bidding process
and assist City of RPV in reviewing formal bids from Contractors.
Phase V -Construction Administration (Task C)(6 Site and/or Nursery Visits
for Landscape Architect;2 site meetings for Civil Engineer)-6 month anticipated
duration,TBD by contractor
After successful award of Contract,the DESIGN TEAM will periodically observe
construction to review and provide written documentation regarding compliance
with design intent and construction documents to include:
1.Respond to requests for information,issue clarifications and process
shop drawings.
2.Installation of construction materials.
3.Irrigation system.
4.Soil preparation,plant materials,plant material locations,planting pits,
seeding, sodding,and/or hydromulch.
5.Final installation of plant materials prior to commencement of
maintenance period.
Proposal
Abalone Cove Park Improvements
FINAL November 27,2012
Page 5 of 8
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C.Fee Schedule
Melendrez
The Landscape Architect proposes to undertake Phases I through V of work for
lump sum fees as fqllow:
6.Optional SWPPP Developer (QSD)services.
Phase I Schematic Design $7,000
Phase II Design Development $3,000
Phase III Construction Documents $12,500
Phase IV Bidding $2,000
Phase V Construction Administration $5,500
TOTAL:$30,000
Civil Subconsultant
The Civil subconsultant proposes to undertake Phases I through V of work for
lump sum fees as follow:
Phase I Schematic Design $0
Phase II Design Development $3,000
Phase III Construction Documents $4,300
Phase IV Bidding $0
Phase V Construction Administration $3,000
TOTAL:$10,300
Optional tasks include the following:
SWPPP $4,500
Soil fertility test allowance $3,000
Total Fees for Phases I-V
Phase I Schematic Design $7,000
Phase II Design Bevelopment $6,000
Phase III Construction Documents $16,800
Phase IV Bidding $2,000
Phase V Construction Administration $8,500
TOTAL:$40,300
Reimbursable Expenses Estimate:$4,700
TOTAL COSTS FOR BASE PROPOSAL:$45,000
TOTAL COSTS (Optional Tasks)$7,500
D,Compensation for Additional Services
If the scope of the Project or of the LANDSCAPE ARCHITECTS services is
changed atlhe request of the CLIENT,the compensation shall be equitably
adjusted.Additional services will be billed according to the following hourly rate
schedule:
Landscape Architecture I Urban Planning:
Principal $185/hour
Senior Associate $140/hour
Proposal
Abalone Cove Park Improvements
FINAL November 27,2012
Page 6 of 8
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Associate
Senior Designer
Designer
Administrative
Clerical
Civil Engineering:
Principal-in-Charge
Senior Civil Engineer
Project Ma~ager
Project Engineer
Design Engineer
Chief Drafter
Drafter /CAD Operator
Administrative /Secretary
$130/hour
$110/hour
$95/hour
$65/hour
$55/hour
$185/hour
$165/hour
$150/hour
$120/hour
$100/hour
$140/hour
$100/hour
$85/hour
E.Compensation for Reimbursable Expenses
Reimbursable expenses are in addition to compensation for the Landscape
Architect's services and will be billed at cost plus 10%handling charge.
Reimbursable expenses include but are not limited to expense of transportation
in connection with the project,out of town travel,photography,reproductions,
computer plotting,postage and handling of drawings,long distance telephone
charges,messenger charges,and fees paid for securing approval of authorities
having jurisdiction over the project.
Notice:Landscape Architects are licensed by the State of California.
cc:Scott Baker
Melani Smith
Proposal
Abalone Cove Park Improvements
FINAL November 27,2012
Page 7 of 8
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ABALONE COVE SHORELINE PARK IMPROVEMENT PROJECT
SECTION 6(F)3 BOUNDARY MAP
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CITY OF RANCHO PALOS VERDES
DESIGN PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement")is made and entered into this 18 th day of
December 2012 by and between the City of Rancho Palos Verdes (hereinafter referred to
as the "CITY")and Melendrez (hereafter referred to as "CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto agree
as follows:'
.ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as'the Abalone Cove Shoreline Park Improvements-
Land and Water Conservation Grant Project.
1.2 Description of Services
CONSULTANT shall prepare plans,specifications,and cost estimates and
attend meetings for the Project,including Project initiation and management,field
inventory,engineering design,and Project management services during bidding and
construction,as described in the CONSULTANT'S Proposal,which is attached hereto as
Exhibit "A"and incorporated herein by this reference.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY,CONSULTANT
shall perform with due diligence the services requested by the CITY.Time is of the
essence in this Agreement.CONSULTANT shall not be responsible for delay,nor shall
CONSULTANT be responsible for damages or be in default or deemed to be in default by
reason of strikes,lockouts,accidents,or acts of God,or the failure of CITY to furnish timely
information or to approve or disapprove CONSULTANT's work promptly,or delay or faulty
performance by CITY,other consultants/contractors,or governmental agencies,or any
other.delays beyond CONSULTANT's control or without CONSULTANT's fault.
ARTICLE 2
COMPENSATION
2.1 Fee
CITY agrees to compensate CONSULTANT in accordance with the fee
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R6876-0001 \134 7704v1.doc Agreement for Design Professional Services
H-16
schedule included in Exhibit "A,"and in any case an amount not to exceed fifty two
thousand five hundred dollars and zero cents ($52,500.00)for services as described in
Article 1.Fees for optional tasks stated in Exhibit "A"are payable only with prior written
approval of the City to proceed with those tasks.
2.2 Terms of Compensation
CONSULTANT shall submit monthly invoices for the percentage of work
completed in the previous month.CITY agrees to authorize payment'for all undisputed
invoice amounts within thirty (30)days of receipt of each invoice.CITY agrees to use its
best efforts to notify CONSULTANT of any disputed invoice amounts or claimed
completion percentages within ten (10)days of the receipt of each invoice.However,
CITY's failure to timely notify CONSULTANT of a disputed amount or claimed completion
percentage shall not be deemed a waiver of CITY's right to challenge such arj10unt or
percentage.
Additionally,in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45)days after invoices are received by CITY then CITY
agrees that CONSULTANT shall have the right to consider said default a total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10)working days advance written notice.
2.3 Additional Services
CITY may request additional specified work under this Agreement.All such
work must be authorized in writing by the CITY's Director of Public Works prior to
commencement.CONSULTANT shall perform such services,and CITY shall pay for such
additional services in accordance with CONSULTANT's fee schedule,which is within
Exhibit "A."The rates in Exhibit "A"shall be in effect through the end of this Agreement.
2.4 Term of Agreement
This Agreement shall commence on December 19,2012 and shall terminate
on December 30,2014,unless sooner terminated pursuant to Article 4 of this Agreement.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification,Hold Harmless.and Duty to Defend
(a)Indemnity for Design Professional Services.In connection with its
design professional services,CONSULTANT shall hold harmless and indemnify CITY,and
its officials,officers,employees,agents and independent contractors serving in the role of
Page 2 of 12
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H-17
CITY officials,and designated volunteers (collectively,"Indemnitees"),with respect to any
and all claims,demands,causes of action,damages,injuries,liabilities,losses,costs or
expenses,including reimbursement of attorneys'fees and costs of defense (collectively,
"Claims"hereinafter),including but not limited to Claims relating to death or injury to any
person and injury to any property,which arise out of,pertain to,or relate to in whole or in
part to the negligence,recklessness,or willful misconduct of CONSULTANT or any of its
officers,employees,subcontractors,or agents in the performance of its design
professional services under this Agreement.
(b)Other Indemnities.·In connection with any and all Claims,demands,
causes of action,damages,injuriei;i,liabilities,losses,costs or expenses,including
attorneys'fees and costs of defense (collectively,"Damages"hereinafter)not covered by
Section 3.1 (a),CONSULTANT shall defend,hold harmless and indemnify the Indemnitees
with respect to any and all Damages,including but not limited to,Damages relating to
death or injury to any person and injury to any property,which arise out of,pertain to,or
relate to the acts or omissions of CONSULTANT or any of its officers,employees,
subcontractors,or agents in the performance of this Agreement,except for such loss or
damage arising from the sole negligence or willful misconduct of the CITY,as determined
by final arbitration or court decision or by the agreement of the parties.CONSULTANT
shall defend Indemnitees in any action or actions filed in connection with any such
Damages with counsel of CITY's choice,and shall pay all costs and expenses,including all
attorneys'fees and experts'costs actually incurred in connection with such defense.
Consultant's duty to defend pursuant to this Section 3.1 (b)shall apply independent of any
prior,concurrent or subsequent misconduct,negligent acts,errors or omissions of
Indemnitees.
(c)All duties of CONSULTANT under Section 3.1 shall survive termination
of this Agreement.
3.2 General Liability
CONSULTANT shall at all times during the term of the Agreement carry,
maintain,and keep in full force and effect,a policy or policies of Commercial General
Liability Insurance,with minimum limits of one million dollars ($1,000,000)for each
occurrence and two million dollars ($2,000,000)general aggregate for bodily injury,death,
loss or property damage for products or completed operations and any and all other
activities undertaken by CONSULTANT in the performance of this Agreement.Said policy
or policies shall be issued by an insurer admitted to do business in the State of California
and rated in A.M.Best's Insurance Guide with a rating of A:Vll or better.
3.3 Professional Liabilitv
CONSULTANT shall at all times during the term of this Agreement,carry,
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maintain,and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1 ,000,000)per claim and aggregate
for errors and/or omissions of CONSULTANT in the performance of this Agreement.Said
policy or policies shall be issued by an insurer admitted to do business in the State of
California and rated in Best's Insurance Guide with a rating of A:VII or better.If a "claims
made"policy is provided,such policy shall be maintained in effect from the date of
performance of work or services on the CITY's behalf until three (3)years after the date of
work or services are accepted as completed.Coverage for the post-completion period may
be provided by renewal or replacement of the policy for each of the three (3)years or by.a
three-year extended reporting period endorsement,which reinstates'all limits for the
extended reporting period.If any such policy and/or policies have a retroactive date,that
date shall be no later than the date of first performance of work or services on behalf of the
CITY.Renewal or replacement policies shall not allow for any advancement of such
retroactive date.
3.4 Automobile Liability
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain,and keep in full force and effect,a policy or policies of Automobile Liability
Insurance,with minimum of one million dollars ($1 ,000,000)per claim and occurrence and
two million dollars ($2,000,000)in the aggregate for bodily injuries or death of one person
and five hundred thousand dollars ($500,000)for property damage arising from one
incident.
3.5 Worker's Compensation
CONSULTANT agrees to maintain in force at all times during the
performance of work under this Agreement worker's compensation insurance as required
by the law.CONSULTANT shall require any subcontractor similarly to provide such
compensation insurance for their respective employees.
3.6 Notice of Cancellation
(a)All insurance policies shall provide that the insurance coverage shall
not be cancelled or modified by the insurance carrier without thirty (30)days prior written
notic~to CITY,or ten (10)days notice if cancellation is due to nonpayment of premium.
CONSULTANT agrees that it will not cancel or reduce said insurance coverage.
(b )CONSULTANT agrees that if it does not keep the aforesaid insurance
in full force and effect,CITY may either immediately terminate this Agreement or,if
insurance is available at a reasonable cost,CITY may take out the necessary insurance
and pay,at CONSULTANT's expense,the premium thereon.
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3.7 Certificate of Insurance
At all times during the term of this Agreement,CONSULTANT shall maintain
on file with the CITY Clerk a certificate of insurance showing that the aforesaid policies are
in effect in the required amounts.The commercial general liability policy shall contain
endorsements naming the CITY,its officers,agents and employees as additional insureds.
3.8 Primary Coverage
The insurance provided by CONSULTANT shall be primary to any coverage
available to CITY.The insurance.policies (other than workers compensation and
professional liability)shall include.provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a)This Agreement may be terminated at any time,with or without cause,
by the CITY upon thirty (30)days prior written notice or by CONSULTANT upon ninety (90)
days prior written notice.Notice shall be deemed served if completed in compliance with
Section 6.14.
(b)In the event of termination or cancellation of this Agreement by
CONSULTANT or CITY,due to no fault or failure of performance by CONSULTANT,
CONSULTANT shall be paid compensation for all services performed by CONSULTANT,
in an amount to be determined as follows:for work satisfactorily done in accordance with
all of the terms and provisions of this Agreement,CONSULTANT shall be paid an amount
equal to the percentage of services performed prior to the effective date of termination or
cancellation in accordance with the work items;provided,in no event shall the amount of
money paid under the foregoing provisions of this paragraph exceed the amount which
would have been paid to CONSULTANT for the full performance of the services described
in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All documents,plans,specifications,reports,information,data,exhibits,
photographs,images,video files and media created or developed by CONSULTANT
pursuant to this Agreement ("Written Products")shall be and remain the property of the
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CITY without restriction or limitation upon its use,duplication or dissemination by the CITY.
All Written Products shall be considered "works made for hire,"and all Written Products
and any and all intellectual property rights arising from their creation,including,but not
limited to,all copyrights and other proprietary rights,shall be and remain the property of the
CITY without restriction or limitation upon their use,duplication or dissemination by the
CITY.CONSULTANT shall not obtain or attempt to obtain copyright protection as to any
Written Products.
CONSULTANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written'Products that are not otherwise vested in the CITY
pursuant to the paragraph directly above this one.
CONsuLTANT warrants and represents that it has secured all necessary
licenses,consents or approvals to use any instrumentality,thing or component as to which
any intellectual property right exists,including computer software,used in the rendering of
the services and the production of all Written Products produced under this Agreement,
and that the CITY has full legal title to and the right to reproduce the Written Products.
CONSULTANT shall defend,indemnify and hold the CITY,and its elected officials,officers,
employees,servants,attorneys,designated volunteers,and agents serving as independent
contractors in the role of CITY officials,harmless from any loss,claim or liability in any way
related to a claim that CITY's use of any of the Written Products is violating federal,state
or local laws,or any contractual provisions,or any laws relating to trade names,licenses,
franchises,copyrights,patents or other means of protecting intellectual property rights
and/or interests in products or inventions.CONSULTANT shall bear all costs arising from
the use of patented,copyrighted,trade secret or trademarked documents,materials,
equipment,devices or processes in connection with its provision of the services and
Written Products produced under this Agreement.In the event the use of any of the
Written Products or other deliverables hereunder by the CITY is held to constitute an
infringement and the use of any of the same is enjoined,CONSULTANT,at its expense,
shall:(a)secure for CITY the right to continue using the Written Products and other
deliverables by suspension of any injunction,or by procuring a license or licenses for CITY;
or (b)modify the Written Products and other deliverables so that they become non-
infringing while remaining in compliance with the requirements of this Agreement.This
covenant shall survive the termination of this Agreement.
Upon termination,abandonment or suspension of the Project,the
CONSULTANT shall deliver to the CITY all Written Products and other deliverables related
to the Project without additional cost or expense to the CITY.If CONSULTANT prepares a
document on a computer,CONSULTANT shall provide CITY with said document both in a
printed format and in an electronic format that is acceptable to the CITY.
ARTICLE 6
GENERAL PROVISIONS
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6.1 Representation
The CITY representative shall be the Director of Public Works or his or her
designee,and CONSULTANT shall notify CITY of CONSULTANT's designated
representative.These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of tbis Agreement,CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48),the applicable equal employment provisions of the
Civil Rights Act of 1964 (42 U.S.C.200e-217),and the Americans with Disabilities Act of
1992 (42 U.S.C.§11200,et seq.).CONSULTANT shall not unlawfully discriminate against
any individual based a category or status including but not limited to race,color,religion,
nationality.gender,sex,sexual orientation,age or condition of disability.CONSULTANT
understands and agrees that it is bound by and will comply with the nondiscrimination
mandates of all federal and state statutes and local ordinances and regulations.
6.3 Personnel
CONSULTANT represents that it has,or shall secure at its own expense,all
personnel required to perform CONSULTANT's services under this Agreement.Any
person who performs engineering services pursuant to this Agreement shall be licensed as
a Civil Engineer by the State of California and in good standing.CONSULTANT shall
make reasonable efforts to maintain the continuity of CONSULTANT's staff who are
assigned to perform the services hereunder and shall obtain the approval of the Director of
Public Works of all proposed staff members who will perform such services.
CONSULTANT may associate with.or employ associates or subcontractors in the
performance of its services under this Agreement,but at all times shall CONSULTANT be
responsible for its associates and subcontractors'services.
6.4 CONSULTANT's Representations
CONSULTANT represents,covenants and agrees that:a)CONSULTANT is
licensed,qualified,and capable offurnishing the labor,materials,and expertise necessary
to perform the services in accordance with the terms and conditions set forth in this
Agreement;b)there are no obligations,commitments,or impediments of any kind that will
limit or prevent CONSULTANT's full performance under this Agreement;c)to the extent
required by the standard of practice,CONSULTANT has investigated and considered the
scope of services performed,has carefully considered how the services should be
performed,and understands the facilities,difficulties and restrictions attending
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performance of the services under this Agreement.
6.5 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve (12)months after completion of the work
under this Agreement which is or may likely make CONSULTANT "fin~lncially interested"
(as provided in California Government Code Sections 1090 and 87100)in any decisions
made by CITY on any matter in connection with which CONSULTANT has been retained
pursuant to this Agreement.
6.6 Legal Action
(a)Should either party to this Agreement bring legal action against the
other,the validity,interpretation,and performance of this Agreement shall be controlled by
and construed under the laws of the State of California,excluding California's choice of law
rules.Venue for any such action relating to this Agreement shall be in the Los Angeles
County Superior Court.
(b)If any legal action or other proceeding,including action for declaratory
relief,is brought for the enforcement of this Agreement or because of an alleged dispute,
breach,default or misrepresentation in connection with this Agreement,the prevailing party
shall be entitled to recover reasonable attorneys'fees,experts'fees,and other costs,in
addition to any other relief to which the party may be entitled.
(c)Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSULTANT was negligent,CITY shall compensate CONSULTANT for its
testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
6.7 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY.Any such purported
assignment without written consent shall be null and void,and CONSULTANT shall hold
harmless,defend and indemnify the CITY and its officers,officials,employees,agents and
representatives with respect to any claim,demand or action arising from any unauthorized
assignment.
Notwithstanding the above,CONSULTANT may use the services of persons
and entities not in CONSULTANT's direct employ,when it is appropriate and customary to
do so.Such persons and entities include,but are not necessarily limited to,surveyors,
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specialized consultants,and testing laboratories.CONSULTANT's use of subcontractors
for additional services shall not be unreasonably restricted by the CITY provided
CONSULTANT notifies the CITY in advance.
6.8 Independent Contractor
CONSULTANT is and shall at all times remain,as to t,he CITY,a wholly
independent contractor.Neither the CITY nor any of its agents shall haye control over the
conduct of CONSULTANT or any of the CONSULTANT's employees,except as herein set
forth,and CONSULTANT is free to dispose of all portions of its time and activities which it
is not obligated to devote to the CITY in such a manner and to such persons,firms,or
corporations as the CONSULTANT wishes except as expressly provided in this Agreement.
CONSULTANT shall have no power to incur any debt,obligation,or liability on behalf ofthe
CITY or otherwise act on behalf of the CITY as an agent.CONSULTANT shall not,at any
time or in any manner,represent that it or any of its agents,servants or employees,are in
any manner agents,servants or employees of CITY.CONSULTANT agrees to pay all
required taxes on amounts paid to CONSULTANT under this Agreement,and to indemnify
and hold the CITY harmless from any and all taxes,assessments,penalties,and interest
asserted against the CITY by reason of the independent contractor relationship created by
this Agreement.CONSULTANT shall fully comply with the workers'compensation law
regarding CONSULTANT and its employees.CONSULTANT further agrees to indemnify
and hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers'compensation laws.The CITY shall have the right to offset against the amount of
any fees due to CONSULTANT under this Agreement any amount due to the CITY from
CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.9 Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.10 Entire Agreement
This Agreement,including any other documents incorporated herein by
specifjc reference,represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations,representations or agreements,
either written or oral.This Agreement may be modified or amended,or provisions or
breach may be waived,only by subsequent written agreement signed by both parties.
6.11 Construction
In the event of any asserted ambiguity in,or dispute regarding the
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interpretation of any matter herein,the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.12 Non-Waiver of Terms.Rights and Remedies
Waiver by either party of anyone or more of the conditions of performance
under this Agreement shall not be a waiver of any other condition of p~rformance under
this Agreement.In no event shall ·the making by the CITY of any payment to
CONSULTANT constitute or be construed as a waiver by the CITY of any breach of
covenant,or any default which may then exist on the part of CONSULTANT,and the
making of any such payment by the CITY shall in no way impair or prejudice any right or
remedy available to the CITY with regard to such breach or default.
6.13 Severability
If any term or portion of this Agreement is held to be invalid,illegal,or
otherwise unenforceable by a court of competent jurisdiction,the remaining provisions of
this Agreement shall continue in full force and effect.
6.14 Notice
Except as otherwise required by law,any payments,notice or other
communication authorized or required by this Agreement shall be in writing and shall be
deemed received on (a)the day of delivery if delivered by hand or overnight courier service
during CONSULTANT's or CITY's regular business hours or (b)on the third business day
following deposit in the United States mail,postage prepaid,to the addresses listed below,
or at such other address as one party may notify the other:
To CITY:
James B.Hendrickson,Interim Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
To CONSULTANT:
Melani Smith
Melendrez
James Oviatt Building,11th Floor
617 South Olive Street
Los Angeles,Ca 90014
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6.15 Contract with State
This Agreement is funded in part by the Land and Water Conservation Fund.City
applied for this funding from the State,and that application is attached hereto as Exhibit "B"
and is incorporated herein by this reference.City also has a contract with the State of
California therefor,which is attached hereto as Exhibit "C"and incorporated herein by this
reference.CONSULTANT shall adhere to all relevant provisions of E)<hibits "B"and "C."
6.16.Order of Precedence
In the event of any conflict between various provisions of Agreement and its
incorporated documents,the terms of Exhibits "B"and "C"shall control,followed by the
terms of the Agreement,and finally by the terms of Exhibit "A."
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the date and year first above written.
Dated:_MELENDREZ ("CONSULTANT")
By:_
Printed Name:---------
Title:_
By:_
Printed Name:_
Title:_
R6876-0001\1347704v1.doc
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Agreement for Design Professional Services
H-26
Dated:_
ATTEST:
By:_-=-----=-.,.....-,_
City Clerk
CITY OF RANCHO PALOS VERDES
("CITY")
By:---::-:-_
Mayor
APPROVED AS TO FQRM:
By:_-=-----,--_
City Attorney
R6876-0001\1347704v1.doc
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Agreement for Design Professional Services
H-27
Exhibit "A":
Consultant's Proposal,including fee schedule
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H-28
2.
1.
Abalone Cove Park Improvements
City of Rancho Palos Verdes,CA
FINAL
November 27,2012
A.Project Assumptions
PROJECT AREA:The site consists of approximately 172,000 s.f.or
3.94 acres (see attached plan).
BASES:The City of Rancho Palos Verdes shall provide a surveyor
accurate,electronic base sheets (AutoCAD Ver.2000 or later)to the
Project Team in order to develop drawings showing proposed
improvements including building footprints and openings,and survey
showing existing improvements including:property lines,topography,
easements,curbs,utilities,structures,light poles,paving,tree trunk
iocations and sizes (diameter at4'high),planting areas and irrigation
systems.
3.SCOPE:The LANDSCAPE ARCHITECT and Consultants are
responsible for the design,construction documents,and field
observation,in compliance with applicable codes,for:
a.Grading,drainage and utilities (including SWPPP if this optional task
is required,and erosion control)
b.Permeable pedestrian paving for trails/paths/viewing nodes/outdoor
classrooms
c.Site fencing
d.Children's exploration piay area
e.Planting (coordinated with City Staff /City Consultant)
f.Irrigation (controller design based on availability of existing services
on site)
g.Site amenities (benches,tables,bike racks,drinking fountains
(including water line),boulders,shade structures,telescopes).
Custom amenities are not included.
h.Installation of signage (signage design to be provided by others)
4.PHASING:The project will be designed and implemented in one
continuous effort and not separated into multiple bid packages or
construction phases.
5.CONSULTANTS:The work of the following Consultants is included:
a.Irrigation Consultant -included in Landscape Architect's scope of
work
b.Civil Engineer
Any other necessary consullants are in addition to the contract and will
be billed at a factor of 1.10.
6.SOIL FERTILITY TEST:If necessary,the LANDSCAPE ARCHITECT
shall engage a consultant to provide soils tests and analysis for fertility
and agricullural suitability with recommendations for soil amendments by
:
H-29
:
INTERIOR PLANTING:Interior planter and planting design and
irrigation are not included.
RESPONSIBILITIES:Construction Documents will include hardscape
layout and details,site rough and fine grading and drainage,and
signage.Design shall follow the current CAL ADAAG and "local ADA
guidelines.
a soils testing laboratory prior to the commencement of Construction
Documents.Grow tests may be required if hazard materials are present
on the site.
SPECIFICATIONS:The City of Rancho Palos Verdes shall provide the
standard General Conditions,Special Conditions,and Bidding
Instructions.Technical Specifications for Construction Items shall be
provided by the Design Team in Green Book Format or CSI Master
Format.
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10.FOUNTAIN MECHANICAL ENGINEERING:Fountain mechanical
design and related consultant's fees are not included.If requested,
LANDSCAPE ARCHITECT will provide fee for the City of Rancho Palos
Verdes'review and approval at the completion of Conceptual Design.No
fountains are anticipated.
11.ON-STRUCTURE COORDiNATION:The work effort is on-grade,not
on-structure.
12.UTILITY COMPLIANCE:Project Team shall coordinate utilities to
identify and locate any existing or required future utilities.The Design
Team,in conjunction with the City of Rancho Palos Verdes,shall also
review designs with utility companies,the Fire Marshall's office and any
other outside agencies for compliance with code requirements and
obtain any necessary approvals.
13.COST ESTIMATING:Cost estimates for the scope of work shall be
prepared by the Design Team at 100%Design Development and at
100%Construction Documents phase.
14.APPROVAL AND PERMITS:Coordination for Agency approvals and
building permits shall be by the City of Rancho Palos Verdes and
submittals of plans made and coordinated by Landscape Architect unless
otherwise noted.
15.WORK AUTHORIZATION APPROVAL:Written request to commence
each task constitutes approval of prior work.Changes requested by
owner,to design work previously approved but requested in subsequent
phases of work,will be considered additional services.Additional
services requests will be documented,approved in writing by the City of
Rancho Palos Verdes,and billed on an hourly basis.
16.RECORD DRAWINGS:Preparation of record drawings shall be by the
Contractor in a format acceptable to the City of Rancho Palos Verdes.
17.ARBORIST REPORT:Existing trees can be evaluated by a Certified
Arborist provided by the City of Rancho Palos Verdes if necessary.
Existing tree trunks and canopies shall be noted on survey by City of
Rancho Palos Verdes's Surveyor.
Proposal
Abalone Cove Park Improvements
FINAL November 27,2012
Page20fB
H-30
:
ADDITIONAL SERVICES:Tasks not included in this Scope of Services,
but requested by the City of Rancho Palos Verdes shall be identified as
such and billed at the LANDSCAPE ARCHITECTs or appropriate
Consultant's current Hourly Rates..
FEES:City of Rancho Palos Verdes shall pay all agencifees,permits
and assessments ..
SPECIAL MEETINGS:Necessary preparation time and attendance at
public hearings or agency meetings by LANDSCAPE ARCHITECT are
not within this Scope of Services and will be considered an additional
service unless otherwise noted.
~18.
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21.PROJECT BUDGET:Level of design and construction documentation
is based on an assumed value of improvements of approximately
$621,000.
22.TIME SCHEDULE:The design work phase schedule shall be eight
months.Changes to the schedule shall be made by mutual agreement.
B.Scope of Service
Phase I •Schematic Design (Task A)-2 months anticipated duration
Based on direction to proceed and receipt of electronic data and base sheets,the
DESIGN TEAM will provide:
1.Program review with the City of Rancho Palos Verdes.
2.Site visiUfield inventory and review of existing conditions,including
clarification of invasive plant species issue with City Staff /City
Consultant.
3.Review municipal landscape ordinances along with grant requirements.
4.Conceptual design plan,colored and rendered (includes one design
refinement based on Client and Focus Group comments).
a.Hardscape/paving for project area trails/paths/viewing
nodes/outdoor classrooms,which will be ADA accessible.If
accessibility is an unreasonable hardship,the City of Rancho
Palos Verdes shall file for an exemption.
b.Planting
c.Signage locations
d.Furnishings including two shade structures,picnic tables,
benches,trash and recycling receptacles,a drinking fountain,
mutt mitt dispensers,bike racks and a telescope.
e.Children's Exploration Play Area
f.Bluff fencing for project area
5.Photo image boards.
6.Preliminary coordination as required with Civil Engineers.
7.Menu of project items and estimated unit costs
8.Attendance at maximum 4 design/review meetings (anticipated every
other week)to be coupled with 4 focus group meetings.Eight meetings,
Proposal
Abalone Cove Park Improvements
FINAL November 27,2012
Page 3 of 8
H-31
in four work sessions.Focus group meetings are anticipated to address
the following issues:1.Programming,opportunities and constraints;2.
Optional Redirection Dialogue;3.Conceptual design plan;4.Optional
revisiting of design plan based on refinement...
Phase II -Design Development (Task B)- 1 month anticipated'duration
Based on approval of the Schematic Design,the DESIGN TEAM will provide:
1.Coordination with Civil Engineer to provide site drains,curb drains;and
water stub-outs/P.O.C.for irrigation system and drinking fountains and
water line,as well as SWPPP if this optional task is necessary.
2.Preliminary erosion control plan.
3.Preliminary fine grading and drainage plan.
4.Hardscape design with paving materials,ramps,furnishings and signage
identified.
5.Preliminary planting plans with major plant material types and locations
identified.
6.Sections and/or elevations as necessary to clarify design intent.
7.Preliminary stnuctural details for shade structures.
8.Outline specifications in Green Book Specifications.
9.Preparation of Statement of Probable Construction Cost.
10.Attendance at maximum 1 City review/coordination meeting and
maximum 1 one Focus Group meeting at which the final design
development plan will be presented.
Phase III -Construction Documents (Task B)-10 week anticipated duration
Based on approval of the Design Development plans the DESIGN TEAM will
provide:
1.Civil Engineering Plans and Details -erosion control,grading/drainage,
horizontal control,SWPP if required,and utility plans and details.
2.Stnuctural Details -shade structure details as required.
3.Site Construction Plans and Details -locations and type of all paving
materials and exterior hardscape elements,including types of materials,
colors,textures,dimensions,site furnishings,children's exploration play
elements,signage,and boulders.
4.Planting Plan and Details -detailed plant call outs and planting details.
5.Irrigation Plan and Details -detailed automatic irrigation plan indicating
location and type of backflow prevention,P.O.C.,mainlines,laterals,
heads,valves,quick couplers,and automatic controllers.
6.Technical specifications for all project elements in either CSI format or
Green Book Specifications.
Proposal
Abalone Cove Park Improvements
FINAL November 27,2012
Page 4 of 8
H-32
7.Attendance at maximum 3 review/coordination meetings.
Construction Drawings are anticipated to include the following dra.wings:
Sheet Name
General Notes,Legend
Erosion Control Plan
Grading Plan •
Paving and Layout Plan
Drainage Pian
Civil Details
Tree Preservation Plan
Construction Plan
Construction Plan -Biow ups
Construction Details
Irrigation Plan
Irrigation Details
Planting Plan
Planting Details
Structural Details
Total Sheets:
Scale
N.A.
1"=20'
1"=20'
1"=20'
1"=20'
N.A.
1"=20'(minimum)
1"=20'
1/8"=1'
N.A
1"=20'(Minimum)
N.A.
1"=20'(Minimum)
NA
NA
Quantity
1
1
1
1
1
2
1
1
1
2
1
2
1
1
1
18
Phase IV -Bidding (Task C)-.75 day anticipated duration
During the bidding of the construction documents,the DESIGN TEAM will:
1.Answer questions from contractors.
2.Prepare addenda as needed.
3.Provide copies Qf documentation as necessary for the bidding process
and assist City of RPV in reviewing formal bids from Contractors.
Phase V -Construction Administration (Task C)(6 Site and/or Nursery Visits
for Landscape Architect;2 site meetings for Civil Engineer)-6 month anticipated
duration,TBD by contractor
After successful award of Contract,the DESIGN TEAM will periodically observe
construction to review and provide written documentation regarding compliance
with design intent and construction documents to include:
1.Respond to requests for information,issue clarifications and process
shop drawings.
2.Installation of construction materials.
3.Irrigation system.
4.Soil preparation,plant materials,plant material locations,planting pits,
seeding,sodding,and/or hydromulch.
5.Final installation of plant materials prior to commencement of
maintenance period.
Proposal
Abalone Cove Park Improvements
FINAL November 27,2012
Page 5 of B
H-33
C.Fee Schedule
Melendrez
The Landscape Architect proposes to undertake Phases I through V of work for
lump sum fees as follow:
6.Optional SWPPP Developer (QSD)services.
:
Phase I Schematic Design $7,000
Phase 11 Design Development $3,000
Phase 111 Construction Documents $12,500
Phase IV Bidding $2,000
Phase V Construction Administration $5.500
TOTAL:$30,000
Civil Subconsultant
The Civil subconsultant proposes to undertake Phases I through V of work for
lump sum fees as follow:
Phase I Schematic Design $ 0
Phase 11 Design Development $3,000
Phase 111 Construction Documents $4,300
Phase IV Bidding $0
Phase V Construction Administration $3,000
TOTAL:$10,300
Optional tasks include the following:
SWPPP $4,500
Soil fertility test allowance $3,000
Total Fees for Phases I-V
Phase I Schematic Design $7,000
Phase 11 Design Development $6,000
Phase 111 Construction Documents $16,800
Phase IV Bidding $2,000
Phase V Construction Administration $8,500
TOTAL:$40,300
Reimbursable Expenses Estimate:$4,700
TOTAL COSTS FOR BASE PROPOSAL:$45,000
TOTAL COSTS (Optional Tasks)$7,500
D.Compensation for Additional Services
If the scope of the Project or of the LANDSCAPE ARCH ITECTS services is
changed at the request of the CLIENT,the compensation shall be equitably
adjusted.Additional services will be billed according to the following hourly rate
schedule:
Landscape Architecture I Urban Planning:
Principal $185/hour
Senior Associate $140/hour
Proposal
Abalone Cove Park Improvements
FINAL November 27,2012
Page 6 of 8
H-34
Associate
Senior Designer
Designer
Administrative
Clericai
Civil Engineering:
Principal-in-Charge
Senior Civil Engineer
Project Manager
Project Engineer
Design Engineer
Chief Drafter
Drafter /CAD Operator
Administrative /Secretary
$130/hour
$110/hour
$95/hour
$65/hour
$55/hour
$185/hour
$165/hour
$150/hour
$120/hour
$1 DO/hour
$140/hour
$1 DO/hour
$85/hour
E.Compensation for Reimbursable Expenses
Reimbursable expenses are in addition to compensation for the Landscape
Architect's services and will be billed at cost plus 10%handling charge.
Reimbursable expenses include but are not limited to expense of transportation
in connection with the project,out of town travel,photography,reproductions,
computer plotting,postage and handling of drawings,long distance telephone
charges,messenger charges,and fees paid for securing approval of authorities
having jurisdiction over the project.
Notice:Landscape Architecls are licensed by the State of California.
cc:Scott Baker
Melani Smith
Proposal
Abalone Cove Park Improvements
FINAL November 27,2012
Page 7 of 8
H-35
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Proposal
Abalone Cove Park Improvements
FINAL November 27,2012
Page 8 of 8
H-36
Exhibit "B":
City's application for Land and Water Conservation Fund Grant
R6876-0001\1347704v1.doc
H-37
City of Rancho Palos Verdes
Land and Water C~nservation Fund Program
Abalone Cove Shoreline Park Improvement Project
PREPARED FOR:
State of California
Department of Parks and Recreation
Office of Grants and Local Services
PO Box 942896
Sacramento,California 94296-0001
PREPARED BY:
Rancho Palos Verdes
Department of Administration
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
(310)544-5205
November 1,2010
H-38
City of Rancbo Palos Verdes
Tbe Abalone Cove Nature Education Center
Stefan Wolowicz,Mayor
Thomas D.Long,Mayor Pro Tem
Brian Campbell,Council Member·Anthony M.Misetich,Council Member
Douglas W.Stern,Council Member
Carolyn Lehr,City Manager
H-39
City of Rancbo Palos Verdes
Tbe Abalone Cove Nature Education Cenler
Table of Contents
Application Form :,1
Resolution 2
Section 6(F)(3)Boundary Map :4
Land Tenure S
Development Cost Estimate 6
Match Certification Form 7
California Environmental Quality Act (CEQA)Compliance 8
Proposal Description/Environmental Screening Form (PD/ESF)9
Concept level Site Plan 28
Project location Map/Directions :29
Photos of the Project Site 30
Project Service Area 34
Project Proposal Area 3S
H-40
Part II
Stnlc or Califomia -The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Land and Water Conservation Fund Program Application
This form and reguired attachments must be submitted for each Project site,
Amount of Grant requested $310,830
Match $310,830
EsUmalad Tola!Pro]ac!Cost $621,660
PROJECT NAME
Abalone Cove Shoreline Park Improvement
Project
TYPE OF PROJECT:OAcquisiUon Development
Grant Applicant (Agency,address.and zip code)PROJECT ADDRESS al Parl<.Enlranca (Including zip elida)
City of Rancho Palos Verdes 5970 Palos Verdes Drive South
30940 Hawthorne Blvd,.Rancho Palos Verdes,CA .90275
Rancho Palos Verdes,CA 90275'
PROJECT ADDRESS LATITUDE AND LONGITUDE:COUNTY ~EAREST CITY
De rees MInutes Seconds Los Angeles ancha Palos Verdes
latllude 33 44 37 N Congress District Senale DIstrict No.Assembly District
No.46th 25th No,
Longitude lIB 22 52 W 54th
Granl APPUCANT S Representative Aulhortzed In ResoluUon.
Carolyn Lehr,City Manager carolyn@rpv.com (310)544-5202
Name (typed or printed)and Tille E~mal1 Address
Person wilh day·lo..{fay responsibltily for Project {If different (rom authorized reprosenlative):
Phone
Sara Singer,Senior Administrative Analyst
Name (typed or printed)and TIUe
saras@rpv.com
E-mail Address
(310)544-5204
Phone
GRANT SCOPE:Do not include Project merits
AcquIre approximately __acres of land for ======-_
(NAME OF PARK)
DR
Develo~nlQne Cove Shoreline pali~constructing
(NAME OF PARK)
Trailhe.d&,Picnic .reao,troilo,play area,educational aignage,and landscapin3.
(llems pfwork to be completed with LWCF funds and the required Match amount.)
For Development Projects -Total park land Is:79.16 acres
iX Land Is held in fee liUa by Grant APPUCANT
For AcqulslUon Projects -Total park land will be acres
o Land to ba acquired In fee simple by Grant APPLICANT
o Land held under a perpetual lease agreement o Land to ba acquired In other than fee simple (explain)
o Federal land is held under a minimum 25 year lease al the
lime of appllcallon
I certify that the Information conlalned In this Project Application form,Including required allachments,Is accurata and that this Project Is
consistent wlth the park and recreation element of the applicable city or county general plan or the districl park and recreation plan and
will satisfy a high priorlly need,
SIgned (0.0 Il,J!.t1f C\j L\
Giclnl APPLIcANT'S AuU"orized Represenletlve as shown In Resolullon
1-31 -II
Dale
LWCF Program Guide 12 LWCF Program Application
1
H-41
RESOLUTION NO.2010·99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES APPROVING THE APPLICATION FOR LAND AND
WATER CONSERVATION FUND ABALONE COVE SHORELINE PARK
PROJECT.
WHEREAS,the Congress under Public Law 88-578 has authorized the
establishment of a federal Land and Water Conservation Fund Grant-In-Aid program,
providing Matching funds to the State of California and its political subdivisions for
acquiring lands and developing Facilities for public outdoor recreation purposes;and ~.
WHEREAS,the California Department of Parks and Recreation is responsible for
administration of the program in the State.setting up necessary rules and procedures
governing Applications by local agencies under the program;and
WHEREAS.said adopted procedures established by the State Department of Parks
and Recreation require the APPLICANT to certify by resolution the approval of Applications
and the availability of eligible Matching funds prior to submission of said Applications to the
State;and
WHEREAS,the proposed Abalone Cove Shoreline Park Project is consistent with
the most recent Califomia Outdoor Recreation Plan (CORP);and
WHEREAS.the Project must be compatible with the land use plans of those
jurisdictions Immediately surrounding the Project;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY:
1.Approves the filing of an Application for Land and Water Conservation Fund
assistance;and
2.Agrees to abide by SECTION 6(F)(3)of Public Law 88-578 which states "No
property acquired or developed with assistance under this section shall,without the
approval of the National Secretary of the Interior.be converted to other than pUblic
outdoor recreation uses.The Secretary shall approve such conversion only if he
finds It to be in accord with the then existing comprehensive statewide outdoor
recreation plan and only upon such conditions as he deems necessary to assure the
substitution of other recreation properties of at least equal fair market value and of
reasonably equivalent usefulness and location."
3.Certifies that said agency has Matching funds from eligible source(s)and can
finance 100 percent of the Project.which up to half may be reimbursed;and
2
H-42
•
4.Certifies that the Project is compatible with the land use plans of those jurisdictions
immediately surrounding the Project;and
5.Appoints the City Manager as agent ofthe APPLICANT to conduct all negotiations
and execute and submit all documents,Including,but not limited.to,Applications,
contracts,amendments,payment requests,and compliance with all applicable
current state and federal laws which may be necessary for the completion of the
aforementioned Project.
PASSED,APPROVED,AND'ADOPTED this 19 th day of October 2010.
lsi Stefan Wolowicz
Mayor
ATTEST:
lsi Carla Morreale
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )s~
CITY OF RANCHO PALOS VERDES )
I,Carla Morreale,City Clerk of the City of Rancho Palos Verdes,hereby certify that the
above Resolution No.2010·99 was duly and regUlarly passed and adopted by the said City
Council at a regular meeting held on October 19,2010 by the following a roll call vote:
Ayes:
Noes:
Absent:
Abstain:
Campbell,Misetich,Stem,Long and Wolowicz
None
None
None
~0ff~
City Clerk
Resolution No.2010·99
Page 2 of 2
3
H-43
ABALONE COVE SHORELINE PARK IMPROVEMENT PROJECT
SECTION 6(F)3 BOUNDARY MAP
1-3/-/I 79.16 Acres
Dale Acreage of Park
January 25,2011
Date of Prepared Map
7572018900
Assessors ijprcel No.
H
-
4
4
City of Rancho Palos Verdes
Abalone Cove Shoreline Park Improvement Project
4.Land Tenure
The City of Rancho Palos Verdes owns the land at the project site if fee simple without
encumbrances that would have an adverse effect on the project.
5
H-45
City of Rancho Palos Verdes
Abalone Cove Shoreline Park Improvement Project
5.Cost Estimate
Construction Costs
Direct Opportunity (Recreation Projected
Facility for-refer to the charts Cost
beginning on page Error!Bookmark not
defined.
Priority
Rating
Percentage
anotal
Costs
Trailhead
Installation of Boulders
Picnic Area
Shade Structures/Outdoor Classroom
Area
TraiisNiewin Areas
Inte retive Si na e/Kiosk
Ex loration Pia Area
SUPPORT FACIUTIES
Bike Racks
Bluff Top Fencing
Landscaping
Irrigation Improvements
Subtotal A (Construction
contingencies are included in these
costs
$13,585
$2,640
$42,075
$242,000
$188,540
$1,320
$11,000
$1,540
$22,000
$25,960
$21,500
$572,160
1
3
2
2
1
4
1
4
4
3
4
2.2%
0.4%•
6.8%
38.9%
30.3%
0.2%
1.8%
0.2%
3.5%
4.2%
3.5%
NON-CONSTRUCTION COSTS
$45,000
$0
$4,500
$0
$49,500
TOTAL PROJECT COST $621,660
(Subtotal A+B)
NOTE:The Total Project Cost must be
consistent with the TOTAL PROJECT COST
on page Application and Source of
Funds Certification form.
6
H-46
City of Rancho Palos Verdes
Abalone Cove Shoreline Park Improvement Project
6.Match Certification Form
Source of Funds Cerlification Form
SOURCE DATE AMOUNTCOMMITTED
General Fund FY10-11 $621,660
•
TOTAL FUNDING SOURCES $621,660MustEqualEstImatedTOTALPROJECTCOST.
APP'ti'CANT'S AUTHdRIZEO REPRESENTATIVE
Signature
The APPLICANT certifies that they have Matching funds from eligible source(s)and can
finance 100 percent of the Project,which will be reimbursed at your rate of
reimbursement.The APPLICANT understands the PROJECT cannot be funded unless
there are sufficient funds to complete the PROJECT at the time of application.The
PROJECT must be completed and open to the public before final GRANT payment is
processed.
Date I -3/-I I
7
H-47
OlYOF
NOTICE OF EXEMPTION PLANNING,BUILDING,&CODE ENFORCEMENT
Abalone Cove Shoreline Park Improvement Prolect
Project Title
TO:
FROM:
_x_
_x_
Office of Planning and Research -Stale of California
1400 Tenth Slreet
Sacramento,CA 90815.
Counly Clerk/County of Los AngeleslEnvironmental Rlings
12400 East Imperial,Hwy.,Room 1101
Norwalk,CA 90650 Attn:Angel Shells
City of Rancho Palos.Verdes
30940 Hawlhome Boulevard
Rancho Palos Verdes,CA 90275
FILED
.DEC 02 21l1Q
Abalone Cove Shorelioe Park
Project Locatlon-5peclflc
City of Rancho Palos Verdes.Los Angeles County
Project Locatlon·Clty Project Locatlon·County
The Abalone Cover Shoreline Park Improvement Project consists of the construcUon of a decomposed granite
trails.picnic areas.three trellis structures,overlooks.landscaping and Irrigallon.(endng and minor slle grading
on approximately 3.69 acres.The decomposed granite trails.picnic areas,and overlooks are designed 10 be
ADA accessible.
Description of Nature,Purpose,and Beneficiaries of Project
City of Rancho Palos Verdes
Name of Public Agency Approving Project
Ara Mihranlan.Deputy Community Developmenl Director with Ihe City of Rancho Palos Verdes
Name of Person or Agency Carrying Out Project
THl8NCJl'lCEWASP~~.,
ON n~r.{\2 11110
UNTIL JAN 0 4 lOll
I\EGISTRAR-RECORDERICOUNTV GL1 R.~
__Mlnlslerial [Sec.21080(b)(1);15268];
__Declared Emergency [Sec.21080(b)(3);1526g(a)];
__Emergency Project [Sec.21080(bj(4j;15269(b)(cj];
_X_Calegorical Exemplion.Stale type and seclion number.
Class 1 (Secllon 153011.Class 3 (Section 15303)and Cless 4 (Secllon 153041.
__Stalutory Exemplions.Stale Code Number.
Exempt Stalus:(Check One)
The Abalone Cove Shoreline Park Improvement Prolect consists of minor sile improvements (pUblic trails.
picnic areas overlooks.landscaping.irrigation.fencing and minor site grading)intended to enhance and
improve accessibility of an existing City-owned park for the benefit o(the public.
Reason why project Is exempt
Develo ment Director 310-544-5228
Area Code)Telephone
a Date Title
This document is being filed In duplicate.Please acknowledge the filing date and return acknowledged copy
.i~thif9~19.s~p,sl,;lJ"~ed,sel(·addressed envelope.Dale Received for Filing:=,--_'1 'J U ':I U;Q i..J.l 30tldQ H.\\VIHOllNl BIVll I RM'U111 P.\I0o.,VH~m!-..CA rI02i5-539I B
PlAI'.:N1N(~/tJ)D1 ENFOI('lEMENI (310)5-111·5229 /nUll DIM;fJ10I 26S·7Bro /DEPI.FAX (10)54"·52lJ3 I E..M~II !'IANNIN<,@I~pv.cm.1
H-48
LWCF Proposal Description and Environmental Screening Form
The purpose of tilis Proposnl Description nnd Environmentnl Screening Form (PD/ESFj is to provide descriptive nnd
environmental infonnation about a variety of Land and Water Conservation Fund (LWCF)state nssistnncc proposals submitted
for Nnlionnl Park Service (NPS)review nod decision.11,e completed PDIESF becomes pnrt of .the "federal ndministralive
record"in nccordnoce with ti,e Nntionnl Environmentnl Policy Act (NEPA)nod its implementing regulntions.11,e PD portion
of Ibe form cnplures administrative nod descriplive detnils ennbling the NPS to understnod the pro·posnJ.The ESF portion is
designed for Stntes nnd/or projecl sponsors to use while·lbe LWCF proposnl is under development.Upon complelion,the ESF
will indicate the resources that could be impncted by the proposal enabling States aodlcr project sponsors to more accurately
follow no npproprinle pnthwny for NEPA nnnlysis:Il n recommendntion for n Colegoricnl Exclusion (CEl,2)production of no
Environmentnl Assessment (EA),or 3)production of an Environmentnl lmpnct Stntement (EIS).11,e ESF should nlso ~used
10 documenl noy previously conducted yel still viablli environmentnl nonlysis if used for Ihis federal proposnJ.The completed
PD/ESF must be submittcd os part ofti,e Stnte's LWCF proposnl to NPS.
Except for the proposnls listed below,lhe PDIESF must be compleled,including ti,e npproprinte NEPA document,signed by
the State,and submitted with each new federal application for LWCF assistance and amendments for:scope changes that niter
or'add facilities and/or acres;conversions;public facility exceptions;sheltering outdoor facilities;and changing the original
intended use of nn nren from thnt which wns npproved in an earlier LWCF ngreement.Consult the LWCF Progrnm Mnnunl
(www.nps.govllwc!)fordelniled guidnnce for your type ofproposnl nod on how to comply with NEPA.
For the following types of proposals only this Cover Page is required because these types of proposals are administrntive in
nnlUre and are cnlegoricnlly excluded from further NEPA environmental nonlysis.NPS will complele the NEPA CE Form.
Simply check the npplicnble box below,and complete nnd submit only this Cover Page to NPS nlong with the other items
required for your type of proposnl ns instrucled in Ibe LWCF Program MnounJ.
o SCORP plnnning proposnl
o Time extension with no change in project scope or with a reduction in project scope
o To delete work nod no other work is added back into the project scope
o To change project cost with no change in project scope or willi a reduction in project scope
o To make nn administrative change that does not change project scope
Name of LWCF Proposal:
Abalone Cove Shoreline Park Improvement Project
Date Submitted to NPS:
To be determined
Prior LWCF Project Number(s)List atl prior LWCF pro]act numbars and atl park namas associatad wllh assislad stlels):
LWCF Project #06-00299 Abalone Cove Beach Acquisition
Local or State Project Sponsoring Agency (raclplant or sub-raclplent In case ofpass-through grants):
City of Rancho Palos Verdes
Local or State Sponsor Contact:
NamerrItle:Carolyn Lehr,City Manager
Office/Address:30940 Hawthorne Blvd.Rancho Palos Verdes,CA 90275
Phone/Fax:(310)544-5205 Email:clehr@rpv.com
Cover Page 1012912010
9
H-49
Using a separate sheet for narrative descriptions and explanations,address each item and question in the order ills presented,
and identify eseh response with its item number such as Step 1-A1,A2;Step 3-81;Step B-At,A29;ele.
I Step 1.Type of LWCF Proposal
L New Project ApplicationDAcquisition~Development
Go to Step 2A Go to Step 28
D Combination (Acquisition &Development)
Gala Step 2C
•
Project Amendment
D Increase in scope or change in scope from original agreement.
Complete Steps 3A,and 5 through 7.
D 6(1)conversion proposal.Complete Sleps 38,and 5 through 7.
D Request for pUblic facility.in Ii .section 6(1)area.Complete Steps 3C,and 5 through 7.
Request for temporary non·conformlng use In a Section 6(t)area.
Comp/e/e Sleps 4A,and 51hrough 7.
Request for significant change in use/intent of original LWCF application,
Complete Steps 48,and 5 through 7.
Request to shelter existing/new facility within a Section 6(t)area regardless of funding
source.Complete Steps 4C,and 51hrough 7.
Step 2.New Project Application (See LWCF Manual for guidance.)
:
A,For an Acquisition Project
1.Provide a brief narrative about the proposal that provides the reasons for the acquisition,the number of acres
to be acquired with LWCF assistance,and a description of the property.Describe and quantify the types of
existing resources and features on the site (for example.50 acres wetland,2,000 feet beachfront,200 acres
forest,scenic views,100 acres riparian,vacant lot,special habitat,any unique or special features,recreation
amenities,historic/cultural resources,hazardous materials/contamination history,restrictions,institutional
controls.easements,rights-of-way,above ground/underground utilities,including wires,lowers,etc.).
2.How and when will the site be made open and accessible for public outdoor recreation use (slgnage,enlries,
parking,site improvemants,allowable activities,etc.)?
3.Describe deveiopment plans for the proposal for the site(s)for public outdoor recreation use within the next
three (3)years.
4.SLO must complete the State AppraisallWaiver Valuation Review form in Step 7 certifying that the
appraisal(s)has been reviewed and meets the 'Uniform Appraisal Standards for Federal Land Acquisitions'or
a waiver valuation was approved per 49 CFR 24.102(c)(2)(ii).State should relain copies of the appraisals and
make them available if needed.
5.Address each Item in '0'below.
B.For a Development Project
1.Describe the physical Improvements anellor facilities that will be developed with federal LWCF assistance,
including a site sketch depicting improvements,where and how the public will access the site,parking,etc.
Indicate entrances on 6(1)map.Indicate to what extent the project involves new development,rehabilitation,
and/or replacement of existing facilities.See pages 35 and 36 ofProJect Narrative.
2.When will the project be completed and open for public ouldoor recreation use?August 2012.
3.Address each item in '0'below.
1012912010
10
H-50
C.For a Combination Project
1.For the acquisition part of the proposal:
a.Provide a brief narrative about the proposal that provides the reasons for the acquisition,number of acres
to be acquired with LWCF assistance,and describes the property.Describe and quantify the types of
existing resources and features on the site (for example,50 acres wetland,2,000 feet beachfront,200
acres forest,scenic views,100 acres riparian,vacant lot,special habitat,any unique or special features,
recreation amenities,historic/cultural resources,hazardous materiais/contamination history,restrictions,
institutional controls,easements,rights-of-way,above ground/underground utilities,including wires,
towers,etc.)
b.How and when will the site be made open and accessible for public outdoor recre.ation use (signage,
entries,parking,site improvements,allowable activities,etc.)?
c.Describe development plans for the proposed for the site(s)for public outdoor recreation use within the ..
next three (3)years.'.
d.SLO must complete the State AppraisallWaiver Valuation Review form in Step 7 certifying that the •.
appraisal(s)has been reviewed and meets the 'Uniform Appraisal Standards for Federal Land
AcqUisitions'or a waiver valuation was approved per 49 CFR 24.102(c)(2)(ii).State should retain copies
of the appraisals and make them available If needed.
2.For the development part of the proposal:
a.Describe the physical improvements and/or facilities that will be developed with federal LWCF assistance,
Including a site sketch depicting improvements,where and how the public will access the site,parking,
etc.Indicate entrances on 6(1)map.Indicate to what extent the project involves new development,
rehabilitation,and/or replacement of existing facilities.
b.When will the project be completed and open for public outdoor recreation use?
3.Address each item in 'D"below.
D.Additional items to address for a new application and amendments
1.Will this proposal create a new public park/recreation area where none previously existed and is not an
addition to an existing public park/recreation area?'Yes __(go to #3)No X (go to #2)
2.a.What is the name of the pre-existing public area that this new site will be added to?
Abalone Cove Shoreline Park
b.Is the pre-existing public park/recreation area already protected under Section 6(1)?Yes _No X
If no,will it now be Included in the 6(1)boundary?Yes X No_
3.What will be the name of this new public park/recreation area?N/A Ino name change)
4.a.Who will hold title to the property assisted by LWCF?Who will manage and operate the slte(s)?Citv of
Rancho Palos Verdes holds title and will manage/operate the site.
b.What is the sponsor's type of ownership and control of the property?
X Fee simple ownership
Less than fee simple.Explain:
Lease.Describe lease terms including renewable clauses,#of years remaining on lease,etc.
Who will lease area?Submit copy of lease with this PD/ESF.(See LWCF Manual for program
restrictions for leases and further guidance.)
5.Describe the nature of any rights-of-way,easements,reversionary interests,etc.to the Section 6(1)park
area?Indicate the location on 6(1)map.Do parties understand that a Section 6(1)conversion may occur if
private or non-recreation activities occur on any pre·existing right-of-way,easement,leased area?
Please see Project Proposal Section 6(f)Map on page 4.It should be noted that a
portion of a State designated Ecological Reserve traverses the project area Isee attached
1012912010
11
H-51
map),but the proposed project will not impact environmental sensitive resources
intended to be protected by the Ecological Reserve designation.Moreover,the project
area is located outside the City's Natural Communities Conservation Plan (NCCP)
designated Palos Verdes Nature Preserve.
6.Are overhead utility lines present,and if so,explain how they will be treated per LWCF Manual.
No overhead utility lines exist within the project area.
7.As a result of this project,describe new types of outdoor recreation opportunities anq capacities,and short
and long term pubiic benefits.
Please see Project Proposal Criteria Narrative page 36 and page 37 and Figure
Number 1 for a comprehensive list of new recreational amenities.
The Abalone Cove Shoreline Park.lmprovement Project will create the following new
outdoor recreation opportunities:
1.Provide a space for visitors to recreate and enjoy magnificent ocean views by
constructing a 5-foot wide ADA accessible decomposed granite walking path
throughout the park area,picnic areas,trellis shade structures,two trail heads and
two viewing stations with viewing telescopes,installing ten park benches.two
bicycle racks.and landscaping and irrigation;
2.Create an outdoor classroom area and other group seating areas that can
accommodate family events,social/organizational events,and school tours,by
installing 25 picnic tables (inclUding group benches)and arranging them throughout
the grassy bluff top,and constructing three trellis shade structures (including the
outdoor classroom area):
3.Provide educational information to visitors on the unlgue ecosystems within the
State Ecological Reserve and the Palos Verdes Nature Preserve located at Abalone
Cove by installing 12 intemretive signs and two kiosk signs to showcase the rich
and diverse history ofthe Cove and the history ofthe original Native American
inhabitants;and
4.Transform the bluff into an inviting family-oriented coastal Park destination,by
planting natural,drought-tolerant plants and landscaping to enhance aesthetics,
creating an organic maze for children to explore and installing 34 boulders that will
be positioned at trailheads and throughout the park to replicate art,geography or
marine life whereby children can climb.stand on,and enjoy passive play
opportunities.
The following benefits will be achieved by improving the Park space from a barren,
hilltop area into a recreational and educational destination:
1.Improved sense of purpose at this underutilized Park through the addition of new
amenities that provide outdoor recreation opportunities for children.families,
adults and seniors:
2.Improving public access to the park;
3.Increased visitors as a result of improved recreational amenities;
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4.Health and fitness improvement through the addition of the walking and exercise
path to help reduce obesity rates in the regionj
5.Educational awareness about the precious marine life that will help stop the
poaching in the tide poolsj and
6.Linkages to local.regional and California Coastal trail networks that link the Park
to a broader network of outdoor recreational activities.
8.Explain any existing non-recreation and non-public uses that will continue on the site(s)andlor proposed for
the future wnhin the 6(1)boundary.
Not applicable.There are no non-recreation and non-public uses ein the site.
9.Describe the planning process that led to the development of this proposal.Your nanative should address:
a.How was the interested and affected pUblic notified and provided opportunity to be involved in planning for
and developing your LWCF proposal?Who was involved and how were they able to review the •
completed proposal,including any state,local,federal agency professionals,subject matter experts,
members of the public and Indian Tribes.Describe any pUblic meetings held andlor formal public
comment periods,Including dales and length of time provided for the public to participate in the planning
process andlor to provide comments on the completed proposal.
Please see Project Proposal Criteria Narrative pages 41, 42, 43.
b.What information was made available to the public for review and comment?Did the sponsor provide
written responses addressing the comments?If so,include responses with this PDIESF submission.
Please see Project Proposal Criteria Narrative pages 42 and 43.
10.How does this proposal implement statewide outdoor recreation goals as presented in the Statewide
Comprehensive Outdoor Recreation Plan (SCORP)(include references),and explain why this proposal was
selected using the State's Open Project Selection Process (OPSP).
Please see Project Proposal Criteria Narrative pages 37 and 38.
11.List ali source(s)and amounts of financial match to the LWCF federal share of the project.The value of the
match can consist of cash,donation,and In-kind contributions.The federal LWCF share and financial
matches must result in a viable outdoor recreation area and not rely on other funding not mentioned here.
Other federal resources may be used as a match if specifically authorized by law.
Please see Project Proposal Budget on page 6.
Source Type of Match Value
City of Rancho Palos Verdes Cash $310,830
LWCF Grant Grant $310,830
TOTAL $621,660
12.Is this LWCF project scope part of a larger effort not reflected on the SF-424 (Application for Federal
Asslslance)and grant agreement?If so,briefly describe the larger effort,funding amount(s)and source(s).
This will capture information about partnerships and how LWCF plays a role in leveraging funding for projects
beyond the scope of this federal grant
The proposed Abalone Cove Shoreline Park Improvement Project is a stand alone
project.It is also an important first step in executing the improvements envision for
Abalone Cove Shoreline Park in the overall Coast Vision Plan adopted bv the Rancho
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Palos Verdes City Council in 2008 to maximize the recreational use of the seven-mile
stretch of coast along the Palos Verdes Peninsula.
13.LIst all required federal,state,and local permits/appmvals needed for the proposal and explain their purpose
and status.
The following permits will be secured for the Abalone Cove Shoreline Park
Improvement Project:
1.Local Permits -Grading Permit and Coastal Development Permit to allow site
grading to accommodate the proposed improvements within the·City designated
Coastal Zone
2.State Permit -Approval to allow proposed project to occur with the State
designated Ecological Reserve
•
Proceed to Steps 5 through 7
Step 3.Project Amendment (See LWCF Manual for gUidance.)
==>
A.Increase/Change in Project Scope
1.For Acquisition Projects:To acquire additional property that was not described in the original project
proposal and NEPA documentation,follow Step ZA-Acquisition Project and 20.
2.For Development Projects:To change the project scope for a development project that alters work from the
original project scope by adding elements or enlarging facilities,follow Step 2B-Oevelopment Project and 20.
3.For Combination Projects:Follow Step 2C as appropriate.
B.Section 6(f)(3)Conversion Proposal .
Prior to developing your Section 6(1)(3)conversion proposal,you must consult the LWCF Manual and 36 CFR 59.3
for complete guidance on conversions.Local sponsors must consult early with the State LWCF manager when a
conversion is under consideration or has been discovered.States must consult with their NPS-LWCF manager as
early as possible In the conversion process for guidance and to sort out and discuss details of the conversion
proposal to avoid mid-course corrections and unnecessary delays.A critical first step Is for the State and NPS
to agree on the size of the Section 610 park land Impacted by any non·recreatlon.non.publlc use,
especially prior to any appraisal activity.AnY.previous LWCF project agreements and actions must be Identified
and understood to determine the actual Section 6(1)boundary.
The Section 6(1)(3)conversion proposal including the required NEPA environmental review documants (CE
recommendation or an EA document)must focus on the loss of public outdoor recreation park land and recreational
usefulness,and lis replacement per 36 CFR 59,and !1Q!the activities precipltallng the conversion or benefits
thereof,such as the Impacts of constructing a new school to relieve overcrowding or constructing a hoteVrestaurant
facility to sllmulate the local economy.Rather,the environmental review must 1)focus on "resource impacts"as
indicated on the ESF (Step 6),including the loss of public park land and recreation opportunities (ESF A-15),and
2)the Impacts of creating new replacement park land and replacement recreation opportunilies.A separate ESF
must be generated for the converted park area and each replacement site.Section 6(1)(3)conversions always
have more than minor impacts to outdoor recreation (ESF A-15)as a result of loss of parkland requiring an EA,
except for 'small"conversions as defined in the LWCF Manual Chapter 8.
For NPS review and decision,the following elements are required to be included in the State's completed
conversion proposal to be submitted to NPS:
1.A letter of transmittal from the SLO recommending the proposal.
2.A detailed explanation of tha sponsor's need to convert the Section 6(1)parkland including all efforts to
consider other practical allematives to this conversion,how they were evaluated,and the reasons they were
not pursued.
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3.An explanation of how the conversion is in accord with the State Comprehensive Outdoor Recreation Plan
(SCaRP).
4.Completed 'State AppraisallWaiver Valuation Review fonn in Step 7 for each of the converted and
replacement parcels certifying that the appraisals meet the 'Unifonm Appnaisal Standards for Federal Land
Acquisitions.'States must retain copies of the appraisals/waiver valuations and make them available for
review upon request.
5.For the park land proposed for conversion,a detailed description including the following:
a.Specific geographic location on a map,9-digit zip code,and name of park or recreation area proposed for
conversion.'
b.Description of the area proposed for the conversion including the acreage to be converted and any
acreage remaining.For detenmining the size of the conversion,consider not only the physical footprint of
the activity precipitating the conversion,but how the precipitating activity will impact the entire 6(1)park
area.In many cases the size of the converted area is laroer than the physical foolprint.Include a
description of the recreation resources"facilities,and recreation opportunities that will be impacted,•
displaced or lost by the proposed conversion.For proposals to partially convert a Section 6{I)park area,
the remaining 6(1)park land must remain recreatlonally viable and not be impacted by the activities that
are precipitating the conversion.If it is anticipated that the precipitating activities impact the remaining
Section 6(1)area,the proposed area for the conversion should be expanded to encompass all impacted
park land.
c.Description of the community and population served by the park,inclUding users of the park and uses.
d.For partial conversions,a revised 6(1)map clearly indicating both the portion that is being converted and
the portion remaining intact under Section 6(1)..
6.For each proposed replacement site:
a.Specific geographic location on a map,9-digit zip code,and geographical relationship of converted and
replacement sites.If site will be added to an existing public park/outdoor recreation area,Indicate on
map.
b.Description of the site's physical characteristics·and resource attributes with number and types of
resources and features on the site,for example,15 acres wetland,2,000 feet beachlront,50 acres forest,
scenic views,75 acres riparian,vacant lot,special habitat,any unique or special features,structures,
recreation amenities,historic/cultural resources,hazardous materials/contamination history,restrictions,
Institutional controls,easements,rights-of-way,overhead/underground utilities Including overhead wires,
towers,elc.
c.Identification of the owner of the replacement site and its recent history of use/function up to the present.
d.Detailed explanation of how the proposed replacement site is of reasonably equivalent usefulness and
location as the property being converted,including a description of the recreation needs that will be met
by the new replacement parks,populations to be served,and new outdoor recreation resources,facilities,
and opportunities to be provided.
e.Identification of owner and manager of the new replacement park?
f.Name of the new replacement park.If the replacement park is added to an existing public park
area,will the existing area be Included within the 6(1)boundary?What is the name of the
existing public park area?
g.Timeframe for completing the new outdoor recreation area(s)to replace the recreation
opportunity lost per the tenms of conversion approval and the date replacement park{s)will be
open to the public.
h.New Section 6(1)map for the new replacement park.
7.NEPA environmental review,including NHPA Section 106 review,for both the converted and
replacement sites in the same document to analvze how the converted park land and recreational
usefulness will be replaced.Except for "small"conversions (see LWCF Manual Chapter 8),
conversions usually require an EA.
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Proceed to Steps 5 through 7 ==>-
C.Proposal for a Public Facility in a Section 6(f)Area
Prior to developing this proposal,you must consult the LWCF Manual for complete guidance.In summary,NPS
must review and decide on requests to construct a public indoor and/or non-recreation facility within a Section 6(l)
area.In certain cases NPS may approve the construclion of public facilities within a Section 6(l)area where it can
be shown that there will be a net gain in outdoor recreation benefits and enhancements for the entire pari<.In
most cases,development of a non-recreation public facility within a Section 6(1)area constitutes a conversion.For
NPS review,the State/sponsor must submit a proposal to NPS under a letter of transmittal from the SLO that
1.Describes the purpose and all proposed uses of the public facility such as types of programming,recreation
activities,and special events including intended users of the new facility and any agency,organization,or
other party to occupy the facility.Describe the interior and exterior of the facility,such'es office space,
meeting rooms,food/beverage area,residential/lodging area,clessrooms,gyms,etc.Explain how the faciliiy
wili be compatible with the outdoor recreation area.Explain how the facility and associated uses will
significantly support and enhance existing and planned outdoor recreation resources and uses of the site,and
how outdoor recreation use wili remain the primary function of the site.(The public's outdoor recreation use
must continue to be greater than that expected for any indoor use,unless the site is a single facility,such as a
swimming pool,which virtually occupies the entire site.)
2.Indicates the exact location of the proposed public facility and associated activities on the site's Section 6(1)
map.Explain the design and locetion alternatives considered for the public facility and why they were not
pursued.
3.Explains who will own and/or operate and maintain the facility?Attach any 3"'party leases and operation and
management agreements.When will the facility be open to the public?Will the facility ever be used for
private functions and closed to the public?Explain any user or other fees that will be instituted,inclUding the
fee structure.
4.Includes required documents as a result of a completed NEPA process (Steps 5-7).
Proceed to Steps 5 through 7 >-
Step 4.Proposals for Temporary Non-Conforming Use,Significant Change in
Use,and Sheltering Facilities (See t.wCF Manual for guidance.)
A.Proposal for Temporary Non-Conforming Use
Prior to developing this proposal,you must consult the LWCF Manual for complete guidance.NPS must review and
decided on requests for temporary uses that do not meet the requirements of allowable activities within a Section
6(l)area.A temporary non-(;onforming use is limited to a period of six months (180 days)or less.Continued use
beyond six-months will not be considered temporary,and may result in a Section 6(l)(3)conversion of use requiring
the replacement of converted parkland.For NPS review,describe the temporary non-(;onforming use (activities
other than public outdoor recreation)in detail including the following information:
1.A letter of transmittal from the SLO recommending the propose I.
2.Describe in detail the proposed temporary non-conforming use and all associated activities,why it is needed,
and altemative locations that were considered and why they were not pursued.
3.Explain length of time needed for the temporary non-conforming use and why.
4.Describe the size of the Section 6(1)area affected by the temporary non-conforming use activities and
expected impacts to public outdoor recreation areas,facilities and opportunities.Explain efforts to keep the
size of the area impacted to a minimum.Indicate the location of the non-(;onformlng use on the site's 6(1)map.
5.Describe any anticipated temporary/permanent impacts to the Section 6(l)area and how the sponsor will
mitigate them during and after the nOQ-(;onformlng use ceases.
6.Consult the LWCF Manual for additional requirements and guidelines before developing the proposal.
Proceed to Steps 5 through 7
B.Proposal for Significant Change in Use
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Prior to developing the proposal,you must consult the LWCF Manual for complete guidance,NPS approval must
be obtained prior to any change from one eligible use to another when the proposed use would significantiy
contravene the original plans or intant for the area outlined in the original LWCF application for federal assistance.
Consult with NPS for early determination on the need for a formal review.NPS approval is only required for
proposals that will significantly change the use of a LWCF-assisted sUe (e.g.,from passive to active recreation).
The proposal must include and address tha following items:
1.A letter of transmittal from the SLO recommending the proposal.
2.Description of the proposed changes and how they significantly contravene the original plans or intent of
LWCF agreements.
3.Explanation of the need for change in use and how the change is consistent with local-plans and the SCaRp.
4.Consult the LWCF Manual for additional requirements and guidelines before developing the proposal.
Proceed to Steps 5 through 7 .>-.
C.Proposal for Sheltering Facilities
Prior to developing this proposal,you must consull the LWCF Manual for complete guidance.NPS must review
and decide on all proposals to shelter an existing outdoor recreation facility or construct a new sheltered recreation
facility within a Section 6(f)area regardless of fundirig source.The proposal must demonstrate that there is an
Increased benefrt to public recreation opportunity.Describe the sheltering proposal in detail,including the following:
1.A letter of transmittal from the SLO recommending the proposal.
2.Describe the proposed shellered facilily,how it would operate,how the sheltered facility will include recreation
uses that could typically occur outdoors,and how the primary purpose of the shellered facilily Is recreation.3.
Explain how the sheltered facility would not substantially diminish tha outdoor recreation values of the sUe
including how the sheltered facility will be compatible and significantly supportive of the outdoor recreation
resources present andlor planned.
4.Explain how the shellered facility will benefit the total park's outdoor recreation use.
5.Describe efforts provided to the public to review the proposal to sheller the facility and has local support.
6.Document that the shellered facility wlli be under the control and tenure of the public agency which sponsors
and administers the original park area.
7.Consull the LWCF Manual for additional requirements and guidelines before developing the proposal.
Proceed to Steps 5 through 7
Step 5.Summary of Previous Environmental Review Oncludlng E.O.12372 -Intergovernmental Review)
To avoid duplication of effort and unnecessary delays,describe any prior environmental review undertaken at any
time and stili viable for this proposal or related efforts that could be useful for understanding potential environmental
impacts.Consider previous local,state,federal (e.g.HUD,EPA,USFWS,FHWA,DOT)and any other
environmental reviews.At a minimum,address the following:
1.Date of environmental review(s),purpose for the environmental review(s)and for whom they were conducted:
2.Description of the proposed action and alternatives:
3.Who was involved in identifying resource impact issues and developing the proposal including the interested
and affected public,government agencies,and Indian tnbes.
4.Environmental resources analyzed and determination of impacts for proposed actions and altematlves.
5.Any mitigation measures to be part of the proposed action.
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6.Intergovernmental Review Process (Executive Order 12372):Does the Slate have an Intergovernmental
Review Process?Yes No __.If yes,has the LWCF Program been selected for review under the State
Intergovernmental Review Process?Yes No __.If yes,was this proposal reviewed by the appropriate
State,metropolitan,regional and iocal agencies,and if so,attach any infonnation and comments received
about this proposal.If proposal was not reviewed,explain Why not.
7.Public comment periods (how long,when in the process,who was invited to comment)and agency response.
B.Any fonnal decision and supporting reasons regarding degree of potential impacts to the human environment.
9.Was this proposed LWCF federal action and/or any other federal actions analyzed/reyiewed in any of the
previous environmental reviews?If so,what was analyzed and what impacts were ide.ntified?Provide
specific environmental review document references.
Use resource impact infonnation generated during 'previous environmental reviews described above and from
recently conducted site inspections to complete,lhe Environmental Screening Fonn (ESF)portion of this PDJESF
under Step 6.Your ESF responses should)ndicate your proposal's potential for impacting each resource as •
detennined in the previous environmental rev/ew(s),and include a reference to where the analysis can be found in
an earlier environmental review documenL If the previous environmental review documents contain proposed
actions to mitigate impacts,briefly summarize the mitigation for each resource as appropriate.The appropriate
references for previous environmental review document(s)must be documented on the ESF,and the actuai
document(s)along with this PD/ESF must be included in the submission for NPS review.
Step 6.
This portion of the PDJESF is a working tool used to identify'the level of environmental documentation which must
accompany the proposal submission to the NPS.By completing the ESF,the project sponsor is providing support
for its recommendation In Step 7 that the proposal either:
1.meets criteria to be categorically excluded (CE)from further NEPA review and
no additional environmental documentation is necessary;or
2.requires further analysis through an environmental assessment (EA)or an environmental
impact slatement (EIS).
An ESF alone does not constitute adeguate environmental documentation unless a CE is recommended.If an EA
is required,the EA process and resulting documents must be Included in the proposal submission to the NPS.If an
EIS may be required,the State must request NPS guidance on how to proceed.
The scope of the required environmental analysis will vary according to the type of LWCF proposal.For example,
the scope for a new LWCF project will differ from the scope for a conversion.Consult the LWCF Manual for
guidance on deflning the scope or extent of environmental analysis needed for your LWCF proposal.As early as
possible in your planning process,consider how your proposaVproject may have direct,indirect and cumulallve
Impacts on the human environment for your type of LWCF action so planners have an opportunity to design
altematives to lessen impacts on resources,if appropriate.When used as a planning tool in this way,the ESF
responses may change as the proposal is revised until it is ready for submission for federal review.Initiating or
completing environmental analysis alter a decision has been made Is contrary to both the spirit and letter of the law
ofthe NEPA.
The ESF should be completed with input from resource experts and in consultation with relevant local,state,tribal
and federal governments,as applicable.The interested and affected public should be notified of the proposal and
be invited to participate in scoping out the proposal (see LWCF Manual Chapter 4).At a minimum,a site inspection
of the affected area must be conducted by individuals who are familiar with the type of affected resources,possess
the ability to idenlify'potential resource impacts,and to know when 10 seek additional data when needed.
At the time of proposal submission to NPS for federal review,the completed ESF must justify'the NEPA pathway
that was followed:CE recommendation,production of an EA,or production of an EIS.The resource topics and
issues identified on the ESF for this proposal must be presented and analyzed in an attached EAJEIS.Consult the
LWCF Manual for further gUidance on LWCF and NEPA.
The ESF contains two parts that must be completed:
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Part A.Environmental Resources Part B.Mandatory Criteria
Part A:For each environmental resource topic,choose an impact estimate level (none,negligible,minor,exceeds
minor)that describes the degree of potential negative impact for each listed resource that may occur directly,
indirectly and cumulatively as a result of federal approval of your proposal.For each impacted resource provide a
brief explanation of how the resource might be affected,how the impact level was determined,and why the chosen
impact level is appropriate.If an environmental review has already been conducted on your proposal and is stili
viable,include the citation including any planned mitigation for each applicable resource,and choose an impact
level as mitigated.If the resource does not apply to your proposal,mark NA in the first column.Add any relevant
resources (see A.24 on the ESF)if not included in the list
Use a separate sheet to briefly clarify how each resource could be adversely impacted:any direct,indirect and
cumulalive impacts that may occur,and any additional data that still needs to be determined.Also explain any
planned mitigation already addressed in previous ~nvironmental reviews.
Part B:This is a list of mandatory Impact criteria lhat preclude the use of categorical exclusions.If you answer
"yes"or "maybe"for any of the mandatory criteria,you must develop an EA or EIS regardless of your answers in
Part A.Explain all 'yes'and "maybe"ansvlers on a separate sheet •
For conversions,complete one ESF for each of the converted and replacement sites.
A.ENVIRONMENTAL RESOURCES Not No/Negligible More Data Needed
Indicate potenUaJ for adverse Impacts.Use a Applicable-Impacts-Minor Impacts to DetennineExistsbutnoDrExceedMinorseparatesheettoclarifyrespon6BsperResourcedoesnegligibleImpactsEAlEISrequlredDegreeofImpact
Instrucllons for Part A on page 9.not exist Imcacls EAlEIS reqUired
1.Geological resources:soils,bedrock,X
slopes,streambeds,landlorms,etc.
2.Air quality X
3.Sound (noise impacts)X
4.Water quallty/quentity X
5.Stream flow characteristics X
6.Marine/estuarine X
7.Floodplalns/wellands X.
B.Land use/ownership paUems;X
orooertv values;communltv IIvabllitv
9.Circulation,transportation X
10.PlanVanimaVftSh species of special X
concern and habna~state/
lederailisted or DrooDsed lor IIstlnD
11.Unique ecosystems,such as X
biosphere reserves,World Hertlage
slles,old arowth loresls,etc.
12.Unique or important wildlife!wildille X
habitat
13.Unique Dr important fishlhabnat X
14.Introduce or promote invasive X
soecies (olant Dr animall
15.Recreation resources,land,parks,X
open space,conservation arees,ree.
lralls,facifiUes,services,opportunities,
pUblic access,etc.Most conversions
exceed minor Imoac/s.See SleD 3.B
16.Accessibilily for populations with X
disabllllles
17.Overall aesthelles,special X
characteristicsJfeatures
1B.Historical/cullural resources,X
Including landscapes,ethnographic,
archeological,structures,elc.Attach
SHPOrrHPO determination.
19.Socioeconomics,including X
employment,occupation,Income
.changes.tax base.infrastructure
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20.Minority and low~jncome X
oooulations
21.Energy resources (geothermal,X
fossil fuels,etc.l
22.Other agency or tribal land use X
olans or Dolll:ies
23.Land/structures with hlslory of X
contaminationlhazardous materials
even jf remedlaled
24.Other Important environmental X
resources to address.
•
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B.MANDATORV CRITERIA Veo No To be
If vour LWCF orooooallo aooroved,would il..detennlned
1.Have significant impacts on public health or safety?X
2.Have significant impacts on such natural resources and unique geographic X
characteristics as historic or cultural resources;park,recreation,or refuge lands,
wilderness areas;wild or scenic rivers;national natural landmarks;sole or
principal drinking water aquifers;prime fannlands;wetlands (E.O.11990);
floodplains /E.O 11988);and other ecoloaically sianificant or critical areas.
3.Have highly controversiai environmental effects or involve unresolved conflicts X
concern ina alternative uses of available resources INEPA section 102/2)(Ell?
4.Have highly uncerlain and potentially significant environmental effects or X
involve unioue or unknown environmental risks?
5.Establish a precedent for future action or represent a decision in principle X
about future actions with potentiallv sionificant environmental effects?
6.Have a direct relationship to other actions with individually Insignificant,but X
cumulativelv sionificant,environmental effects?..
7.Have significant impacts on properties listed or eligible for listing on the X
National Register of Historic Places,as detennined by either the bureau or
office./Allach SHPOfTHPO Comments)
8.Have significant impacts on species listed or proposed to be listed on the List X
of Endangered or Threatened Species,or have significant impacts on designated
Critical Habitat for these species.
9.Violate a federal law,or a state,local,or tribal law or requirement imposed for X
the orotectlon of the environment?
10.Have a disproporiionately high and adverse effect on low income or minority X
oooulations (Executive Order 12898)?
11.Limit access to and ceremonial use of Indian sacred siles on federal lands by X
Indian religious practitioners or significantly adversely affect the physicallntegrily
of such sacred sites /Executive Order 130im?
12.Contribute to the introduction,continued existence,or spread of noxious X
weeds or non-native invasive species known to occur In the area,or actions that
may promote the introduction,growth,or expansion of the range of such species
(Federal Noxious Weed Control Act and Executive Order 1311217
I Environmental Reviewers I
The following indlvldual(s)provided input in the completion of the environmental screening form.List all
reviewers inclUding name,title.agency,field of expertise.Keep all environmental review recoros and data on this
proposat in stata complianca file for any future program revlaw and/or audit.Tha ESF may be completed as part of
a LWCF pre-award site inspection if conducted in time to contribute to the environmental review process for the
proposal.
1.Ara Mihranian,Deputy Community Development Director
The following Individuals conducted a site inspection to verify field conditions.
List name of inspactor(s},tifle,agency.and date(s}of inspection.
1.Sara Singer,Senior Administrative Analyst,June 2010
2.Ara Mihranian,Deputy Community Development Director,June 2010
3.Nicole Jules,Senior Engineer,June 2010
State may require signature of
LWCF sub-recipient applicant here:---!Oate _
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Step 7.Recommended NEPA Pathway and State AppraisallWaiver Valuation
First,consult the attached list of 'Categorical Exclusions (CEs)for Which a Record is Needed."If you find your
action in the CE list and you have determined in Step 6A that impacts will be minor or less for each applicable
environmental resource on the ESF and you answered "no'to all of the "Mandatory Criteria'questions in Stap 68,
tha proposal qualifies for a CEo Complete the following "State LWCF Envlronmentai Recommendations'box
indicating the CE recommendation.
If you find your action in the CE list and you have detennined in Step SA that impacts will be greater than minor or
that more data is needed for any of the resources and you answered "no"to all of the "Mandatory Criteria"
questions,your environmental review team may choose to do additional analysis to determine the context,
duration,and intensity of the impacts of your project or may wish to revise the proposal'to minimize impacts to
meet the CE criteria.If impacts remain at the greater than minor level,the Statelsponsor must prepare an EA 'for
the proposal.Complete the following 'State Environmental Recommendations"box indicating the need for an EA.
If you do not find your action in the CE list,.regardless of your answers in Step 6,you must prepare an EA or EIS.
Complete the following "State Environmental Recommendations"box indicating the need for an EA or EIS.
State NEPA Pathway Recommendation
X I cerlify that a site inspection was conducted for each site involved in this proposal and to the best of my
knowledge,the infonnetion provided in this LWCF Proposal Description and Environmantal Screening Fonn
(PDIESF)is accurate based on avallabla rasource data.All resulting notes,reporls and inspector signatures
are stored in the state's NEPA file for this proposal and are available upon request.On the basis of the
environmental impact infonnetion for this LWCF proposal as documentad In this LWCF PDIESF with which I
am familiar,I recommend the followil)g LWCF NEPA pathway:
~This proposai qualifies for a Categorical Exclusion (CE).
•CE Item #:C-ll.12,17.and 18
•Explanation:The prolect consists of constructing new trails,picnic areas,Viewing
overlooks,trellis shade structures,fencing and landscaping.
o This proposal requires an Environmental Assessment (EA)which Is attached and
has been produced by the.State/sponsor in accordance with the LWCF Program Manual.
o This proposal may require an Environmental Impact Statement (EIS).NPS guidance
is requested per the LWCF Program Manual.
Reproduce t!lis certlOcate as necessary.Complete far each LWCF appraisal or waiver valualion.
State AppralsallWalver Valuation Review
Property address:Date of appraisaltransmillal lellerlwaiver:
Real property value:$Effective date of value:
I gertify that:o a State-cerlified Review Appraiser hes reviewed the appraisal and has determined that iI
was prepared in conformity with the Unifonn Appraisal Standards for Federal Land
Acquisitions.
OR
o the State hes reviewed and approved a waiver valuation for this properly per
49 CFR 24.102(c)(2)(1I}.
SLO/ASLO Original Signature:(IJ\f\~t{Il G1 All\.,./Date:I -3 J -J(
Typed Carolyn Lehr,CitY Manager,City of Rancho Palos Verdes
10/29/2010
22
H-62
National Environmental Policy Act
National Park Service-Land and Water Conservation Fund State Assistance Program
Categorical Exclusions for Which a Record is Needed
Note:Thefollowing are the NEPA Categorical Exclnsions approvedfor use with all NPS programs.Dnlv
the llllshaded categories oOPlv to LWCF proposals.Before selecting 0 categorical exclnsion (CE),
complete the PDIESFfor the LWCF proposal to snpportthe CE selection.
A.Actions related to general administration
(1)Changes or amendments to an approved action when such changes would cause nO environmental .-
impact.LWCF actions that are covered include amendments for:
-time extensions with no change in project scope or with a redl/ction
in project scope;
-deleting work and no other work is added back into the project scope;
-changing project cost with no change in project scope or with a reduction in project scope;
-making administrative chonges that do not offect project scope.
(;!)j\"lillPr bOllndary L:hi.lngl's Ihal are m:cul11plished through ~xisling stilllllory i\ulhnrilies and thnl rt:"~l1ll
illlltl c1wllgl'in hind l1S~.
(.i)Rc-i~sl1i.lIlcclre-J1c\\'nlol"permils.rights-or-WClY.nr .:aSClllcnls not involving new envirolll1lclllal
impacts provided lIulI the illlj1nclS nfllw original ilCliol1s wer~l,\'.!lLIlllcd in nn rllVirOllll1Cntnl dnculllcnl.
(4)Cnll version nr ex iSI ing pennils Itl rig hl~-nr..wi.lY.whell such tOil vcrs ions Ill:it he r 1.:(1111 inu\?nor
pOlcl1linlly initinte advcrsl:environl11C"ntal conditions.rrlwidcl!thallhc impacts orthe original actions
Wl'n:cvaluulct!in nn environl11ental docull1ent.
(5)IS~lIaIlCl~S.cXIl'n~inns.n.:nl:wals.rc-iSSllUI1l:(,~.or minur IlltldifiC;lIillll~or l:l1llc~s~iOll COlltn-lcts nr
pl'nnils th:!t do not l'lltail ncw cOllstrtlctiflll or tillY rntclllinlltw 11t'\\-CIlVirt1I1I11CI11tl1 impaci aS:I rl'slIh or
concc~siol1 npcrntiolls.
(tl)lncillenlnl busincss permits (rnrmnly callrd COIl1 IlH::rcia I lISt'lict'llscs)il1\'l)lvin~nn Cllllstruclilln or
pniciltialliw new en,'irnlll11Clllal impact.
(7)Lcu~ing or histnril'r-rnpcrliL:s ill accordllllce with 36 CFR I Sand NPS-3N.
(X)MC.ldillciltions OJ'rc"isinns tn l':\isling regulations.Ill"Ihe prnllllllg:'l1ioll orne,,"rcglllali(llls li\r NPS-
~ldll1inish:reu areas.provided the 11l(ldilicalinns.r~visinl1:-',or Ill'W n:gulminns tin nol:
(a);ntTcusc puhlic 1I~l'III till:C\ll'l1\or cnmprnmising lh('IWlllrc and L'lHlr<lL'!lT Ill'tile lIfL'n PI'l';\llS~
physical dmnagc tn il.
(h)illll'oducl'nOIl-l'omputihll'lISl'!'thai mighl L'olllprolllist'lhl'IlHtlIre and chan.lclL,,.istil'''i lIrth('arc\I or
cnll~c physiL'nl damage tn it.
(e)connic1 with iH.ljaCl'll1 ownerships or "lilt!lISl'S.
(d)cause a nuisance to Udj:ll'L'l1t ownl'rs ~lr occupants
LrJ'CF State Assistance Program NEPA Categol;cal Exclusions
10/01/2008
23
H-63
('ii Atlhe direclion [lflhc NPS respllnsible omcia!'nctions where NPS has concurrence or co-approval
,,·ilh another bureau and the aclinn is a CE for Ihal burcau.and where NPS agrees Ihatthere is n(o pOlel1lial
lor el1VirnllJ11Cnlnl impact.
(Ill)Rouline lranslers "rjurisdiction between the NPS and the Dislrict olTnlul1lbia accomplished
through exisling S!nllllLlry authority.where 110 chang.e nfuse in the land is nnlicipilled UpOl1lranSrer.
B.Plans,studies,and reports
(I)Chrlllges or :l1l1l:IlCIIlWIl[S 10 all nppl'oved p];.lIl.when sHch changes have no POltl,lIinl I'llI'
CIlViI'OIlI1lC'1l1nl impact.
(1)Cuhuml resources mnil1lcn:lI1cc guides.,collection mrlllngcmcni plans ..mel historic furnishings
reports.•
(3)Il1Ierprctiw plans (il1lerprelivc prospectuses.alldio-visual plans.museum exhibit plans.\\aysidc
e,hibit plans).
(4j Plnns.including priorities.justificatiolls.~l1d 5trCllcgies.for non-manipulative I't'sL'i1rch.Illflniwring.
inventorying.nnd illl'ol'lllillioll-galhcring.
(5)Agreements hctween NPS orJices ri.x plnlls and Stlldic5.
(6)Authorization,funding,or approval for the preparation of statewide comprehensive outdoor
recreation plans (SCORPs).
(7)Adoptiolll1rapprllv:.il nracadt'111ic (II'rcsl'arch surveys.stmlics.reports.and similardnClIl11ClllS 1h.11
dn not eOJ1li.1in and willnol result in NilS rl-coIllIllCll,dations.
(S)LlIld prllicction pli.lllS Ih:1I propO~L'chilngcs tOl'xisting land fir visitor llSl'\\'hell Ihe Chilllg.l'S Iwv..:lIt",
potcntial for l'n"irnn11lent:.t1 impacl.
C.Actions related to development
(I)Land acquisition within established park boundaries,if future anticipated uses would have no
potential for environmental impact.
(2)Land exchanges that will not lead to anticipated changes in the use of land and thaI have no potential
for environmental impact.For LWCF,some small conversions may meet this criterion.See the LWCF
Manual Chapter 8 forjilrlher guidance.
(.1)Routine IllHil\{tllillln'nnc!I'epnir"In nnn-hisioric structures.Ihrilities.utilities.g.rnul1u~.and tr:lil~,
(LJ)Rnlllillc lll:lilllt.:nance and repairs 10 cuhllr:!l reSUllrl"l~Sill'S.slnIClllre~.utililies.ilnd grnulltb;irthl'
aClion falls under an apprn\'l'd Histuric StruclUrcs Presl'rviltinn Guidi.:or Cyclic Maintenance Guide III"if
the action wuuld !lL1t mlvC'l"scly nn'eel the culluml resourcc,
(5)Installation of LWCF eligible signs,displays,and kiosks.
(6)In~tnllnlinn nr navigation aitls.
LWCF State Assistance Program NEPA CategDrical E;relt/siam
10/01/2008
24
H-64
(7)Experimenlallesling or short dural ion (no more Ihun nne season)nrm:1SS Imnsil sySiems.alld
e11angcs in uperntioll of existing systems.llml hav~no potential for envirollll1el1lal impact.
(8)Replacement in kind of minor structures and facilities with little or no change in location,capacity,
or appearance--for example,comfort stations,pit toilets,fences,kiosks,signs and campfire circles.
(9)Repair,resurfacing,striping,installation of traffic control devices,and repair/replacement of
guardrails,culverts,signs,and other minor existing features on existing roads whel)no potential for
environmental impact exists.
(10)Changes in sanitary facilities operation resulting in no new environmental effects.
(II)Installation of wells,comfort statio/ls,and pit or vault toilets in areas of existing use and in
developed areas.
(12)Minor trail relocation or development of compatible trail networks on logging roads or other
established routes.
•
(13)Upgrading or adding new overhead utility facilities on existing poles,or on replacement poles that do
not change existing pole line configurations.
(1.:1)Issuance o"rrights.or-wny Iilf (.1\'crhend utililY lines 10 LIn individual huilding nr wl'1I from an existing
lilll'whl:re inslallmion willllul result in ViSlWI intrusion and will involve Ill)c1eanlllce nrvegetaliull olh~r
II",,,Itll'placeme"t or poles.
(15)ISSlIi.1I1Ce of rights-nr-wuy lor minor overhcnd utility lines not involving placement or poles or lu\\'(~rs
and 1101 involving vcgeialiull IlKlI1i1gcmclll or visual.inlrllsinll ill all an:.l adminislen:d by NPS.
(16)Installation of underground utilities in areas showing clear evidence of recent human disturbance or
areas within an existing road prism or within an existing overhead utility right-of-way.
(17)Minor landscaping in areas showing clear evidence of recent human disturbance.
(18)Installation of fencing enclosures,exclosures,or boundary fencing posing no effect on wildlife
migrations.
D.AetiulIS related III "isitor IIS('
(I)Minor l:hangcs in :I1l1t"lUIl!S or iYllL'S llrvisiil\1'lise ror the purpn~e nrC'llslIring visilor stilet)'IJr
rl'~nlln:c prntc:ction ill aCTnrdilnec with exisling.regulations.
(~1 Minor e h:'1I1g~s in pn'grall1:-i :lnd reg 1I1al ions p~rl aill ing,In "isilOf Llel i"it ies.
(.1,ISSlIance of perm il S Ii 11"tll-monst 1':.11 ions.galhl"'rin gs.Cl'rCmllll ics.cnIlCl?rts.arls lind era rls sho\\s.illld
so li)nh.l?nlniling unly slwrl-Il'nllor rt.:i1dily remediable l'nvironmcntal disturbance.
(~)Dcsigll;llion oftrailsich.:ulInpillg zones with minimal or nu il1lpruv(~ll1l~nls.
E.Actions related 10 resourcr mnllagemcllf and pro(ection
LWCF State Assistance Program NEPA Categorical E;"clusions
10/01/2008
25
H-65
(J)An:heologicnl survey::;nnd permits involving only surface collection or small-scale I~st excavations.
(2)Restoration ofnon-conlrovt'fsial (hn~t'd on inlernal scoping.rcquin:lllt'nLs in section :!.6)Ilmivt'
species inln suilllble hnhilnls within their hislnrk rilngl'.
(3,Removul of individual members of a non-lhrealened/end'lI1gcrcd species or populations e,f pests and
exotic plnnls thul pnsc un imminent danger In visitlJrs or Ull immediale lhn::11 10 park resoun:cs.
(4)Removal arnon-historic mnlerinls and stl'tlL'tllreS in order 10 restore llillurnl rOI1l!itinl1s \\'heI11h~
removal hns no pot~nlinl lor environmental impacts.inl'luding impacls to cllllurallnildscnpes or
nl"l'hL'ological resources.
(5)Dcvelopml?nl nfst:.Illdanls for.HIHI !Ckn'lilicHtioll.11llll1inntion.ct:r(ilicntion.and delerminalion Il['
eligihility of pro pert iL"s ror listing ill the Nalionnl Registe!'or Historic Places.the N~lt ionol H iSloric
Lundmark ilnd NUliollal Natural Landmark Prngrmns.and biosphere reserves.
(6)Nlln-destruclive daln eollcctilln.inventory (including field.aerial.and satcllile surveying "1ll1
nwppil1g).sllIdy.rescnrch.and monitoring activities (Ihis is also a Deparlll1cnlal eEl.
(7)Designation iCel1virolll11ent<.1ls1udy areas and research 11<11ural arcus.including those closed
temporarily or permanently 10 the public.unless the potential for envil'llnmcnwi (including
$t ll'il)CCOIlOm ic)impacl e~isis.
F.Actions related to grant programs
(I)Proposed actions essentially the same as those listed in paragraphs A-E above not shoded in gray.
(2)Grants for acquisition to areas that will continue in the same use or lower density use with no
additional disturbance to the natural setting or type of use.
(3)Grants for replacement or renovation of facilities at their same location without altering the kind and
amount of recreational,historical,or cultural resources ofthe area or the integrity ofthe existing setting.
(4)Grants for construction of facilities on lands acquired under a previous NPS or other federal grant,
provided that the development is in accord with plans submitted with the acquisition grant,and that
environmental documents have been completed on the impacts of the proposal funded by the original
grant.
(5)Grants for the construction of new facilities within an existing park or recreation area,provided that
the facilities will not:
(a)conflict with adjacent ownerships or land use,or cause a nuisance to adjacent owners or
occupants,such as would happen ifuse were extended beyond daylight hours.
(b)introduce motorized recreation vehicles,including off-road vehicles,personal water craft,and
snowmobiles.
(c)introduce active recrealion pursuits into a passive recreation area.
LrJ'CF State Assistance Program NEPA Categorical Exclusions
10/0112008
26
H-66
(d)increase public use or introduce non-compatible uses to the extent of compromising the nature
and character of the property or causing physical damage to it.
(e)add or alter access to the park from the surrounding area.
«1)Grants 1(11'Ih~reSll1rmi'l11.relwbililalion.stabilization.prescrvalir,n.'l11d rcconstruclion (or the
aulhnrizal ion thereol')or properl ies Iisled on or el igible lor lisl illg nn Ihe Nal innal Register or HiSioric
Places.al their same location.and provided Ihm such aCli(1115:
(a)\\'illnol alter Ihe inlegrily ol'ihe property or its selling
(b)\\'illnnl increase public use orlh\;"urea In the extent of\:t)l1lprollli~ing the IW'tUfC lind dw.rac!cl:o
the property.
LWCF State Assistance Program NEPA Catcgolical ETClusiolls
10/01/2008
27
H-67
H-68
....,.\
'.<iL
\
"
.~.
-,--'LF.!!IR..rWr-~i~-::::-:22r;DO 30,000O15,000 ....o 3,1507,50
.------,
IIJ b-I]
~'-71-
PacfficCoash
~.:
29
H-69
City of Rancho Palos Verdes
Abalone Cove Shoreline Park Improvement Project
•
2.
1.Abalone Cove Shoreline Park Is an ideal location for
nature education programming because of its access to
both marine and terrestrial habitats.But the Park lacks
both a faclJity to mount exhibits to fully I(lterpret t1hese habi-
tats and signage on t1he grounds to enhance a visitor's ex-.
ploratlon of t1he nearby tide pools and Nature Preserve..
This sign Is the only information available to identify the
park and its amenities.
2.This is the parking area for visitors to the park.
-.
:
•.~.
3.
3.This small building serves as a storage facility and
staff office for the site.It also houses t1he permanent
restrooms at the site.
30
H-70
City of Rancho Palos Verdes
Abalone Cove Shoreline Park Improvement Project
5.No interpretive slgnage currently exists on the 79-
acre park site.Students and the general public miss
valuable opportunities to leam about the flora and
fauna found In this Ecological Reserve.
7.Existing beach area and Los Angeles County
lifeguard tower.
•
6.Existing picnic areas would be Improved to be
more inviting and accessible.
5,
4.Schools currently use the site for field trips;however,
there is no area for teachers to organize any kind of
presentations.The proposed outdoor classroom area
would provide a place for stude'f)ts and groups to gather
and learn about the history of the site and the flora,
fauna can be found in and around the area.
,.:'.,
",
,,
••#•-f,·......
"
..;"..•..
,,
.:~..!.....r..i(ot.'.'1,
6.
31
H-71
B.
10.
City of Rancho Palos Verdes
Abalone Cove Shoreline Park Improvement Project
8.View of Portuguese Point and tide pool area.
9.
9.Expansive view of cliff,Portuguese Point,beach
area,and trail leading down to the beach.While visitors
can enjoy the breathtaking view,there Is no facility sign-
age to help them understand the unique biodiversity
they are seeing.(photo source:www.caopenspace.org/
abcove.html)
10.Visitors can explore the wonders of the tide pools.
Interpretive slgnage will explain the different types of
marine life and the delicate ecosystem found here.
along with ways to protect this habitat.(photo source:
www.caopenspace.org/abcove.html)
11.
11.A view out over the bluff top fence which would be
improved to allow visitors to safely walk and play along
the proposed bluff top trail.
32
H-72
City of Rancho Palos Verdes
Abalone Cove Shoreline Park Improvement Project
12.
12.View of the famous Wayfarer's Chapel designed by
world renowned architect Lloyd Wright.The chapel tower
can be seen from the trail leading down to the beach and
tide pools,"Chapel View Trail."
13.
13.This is the only directional signage that can be found at the
park.It is very small and does not provide any educational In-
formation,or how to safely observe the life In the tide pools.
14.One of the many spectacular views
along the California Coaslllne that can be
seen from Abalone Cove Shoreline Park.
33
H-73
California State Parks
LWCF Service Area Calculator
Project Site
This is your LWCF Service Area report for the
project you have defined.Please refer to
your Project 1D in any future communications
about this project.
Project ID:135
Date created:October 28,.20:1.0
County:Los Angeles
City:Rancho Palos Verdes
Coordinates:33.7439452,-118.381292
Total Population:626,607
People per square 6,211mile:
Park acreage:4,624.29 0 9 ai
Park acres per 1,000 7.38population:
All numbers above have been calculated based on a 10
mile radius from the point location of your project.
Demographics are figured by averaging population
numbers over selected census block groups aDd using
the percent of the block group within the project circle
to determine the actual counts.
Parks and park acres are based on best available source
information but may not always contain exact
boundaries or all parks In specific locations.Parks
acreage does not Include major lakes or ocean.Users
can send update Information to:
parkupdates@parks.ca.gov
Data Sources:
Demographics -aarita.Pop-Facts,block group level (Apr.2008)
Parks w CaliF.Protected Areas Database v.1.3 (Mar.2009)
LWCF Service Area Calculalor i.lo a s.ervice of the
California Department of ~afh and Reueation
\\I\V\'/.parks.ca.gov
U'ICF S..,,,la:1.'0:;1 C,IC111~IDI I!!
Cll,::te1:I by Olccnillfo t{drnll"
',""""II,ecninllJ,O'fJ
34
H-74
City of Rancho Palos Verdes
Abalone Cove Shoreilne Park Improvement Project
13.Project Proposal Criteria (15 pages maximum)
1.Meeting Statewide Outdoor Recreational Needs/Implementing Corps Actions
The City of Rancho Palos Verdes (RPV)is in a unique position to help California meet its outdoor
recreation needs by improving an underutilized,coastal park with incredible potential for enhanced
recreational opportunities and views unlike any other in the Los Angeles Metropoiltan area.The
"
79-acre Abalone Cove Shoreline Park is located on the Palos Verdes Peninsula in Los Angeles
County.The City-owned Park currently includes a 3.69-acre grassy bluff (the proposed project
area),unimproved parking lot,unimproved/rugged trails,13 small,aging picnic tables,and a small
park staff building with restrooms.Part of the park is overlaid by a 109-acre State Ecological
Reserve,which protects the delicate marine life in the tide pools,which are accessible to the public
from the beach area.Part of the park is also included in the Palos Verdes Nature Preserve,which
consists of over 1,400 acres of open space where the public can hike trails and explore the unique
flora and fauna native to this area,as well as the unique geology of the Peninsula.There is limited
opportunity for visitors and local residents to picnic,play and enjoy the stunning scenery in a
recreational setting due to a lack of amenities and signage at the Park.Abalone Cove Shoreline
Park is only one of four parks in RPV with public beach access.The proposed Improvements are an
important first step in making the Park a destination point for RPV,the Peninsula,and the Los
Angeles County region.
The Abalone Cove Shoreline Park Improvement Project will unlock the untapped potential of
this prime coastal park space and develop a more user-friendly recreation venue by:
35
H-75
City of Rancho Palos Verdes
Abalone Cove Shoreline Park Improvement Project
1.Installing 25 picnic tables (including group benches)and arranging them throughout the
grassy bluff top to create an outdoor classroom area and other areas that can accommodate
seating for family events,social/organizational events,and school tours)
2.Constructing two small and one large trellis shade structures;
3.Constructing a ADA accessible detomposed granite walking and exercise path throughout the
park area,improving two trailheads and two viewing stations,installing ten park benches,two
viewing telescopes,and two bicycle r.acks;
4.Installing 12 interpretive signs and two kiosk signs to showcase the rich and diverse history of
the Cove,the history of the original Native American inhabitants,and provide educational
Information on the unique ecosystems within the State Ecological Reserve and the Palos
Verdes Nature Preserve;
5.Planting natural,drought-tolerant plants'and landscaping to enhance aesthetics,create an
inviting park space,and create an organic maze for children to explore,and installing 34
boulders that will be positioned at trailheads and throughout the Park to replicate art,
geography or marine life whereby children can climb,stand on,and jump off of;
6.Replacing SOD linear feet of defunct bluff top fencing to increase safety and security;and
7.Installing basic amenities such as 27 trash receptacles and three mutt mitt dispensers.
Figure 1 summarizes the proposed Improvements and how they implement nine of the Corp actions.
Figure 1:Proposed Improvements Aligned with CORP Actions
CORP Issues Actions Proposed Park Improvements
CORP Issue I:Provide or Action 1.3:Increase number of o Create group picnic areas
improve access to public group picnic areas o Outdoor classroom
parks and outdoor recreation o Shade structures/trellis'
resources Action 1.5:Provide alternative o ADA walking/exercise path
park elements o Organic maze/play area
36
H-76
Oty of Rancho Palos Verdes
Abalone Cove Shoreline Park Improvement Project
CORP Issues Actions Proposed Pork Improvements
Action 1.7:Develop trails linking o New walking path linking to
parks with other outdoor broader trail network and
recreation areas State Ecological Preserve
CORP Issue II:Provide Action 2.4:Provide areas where 0 Bluff top a~ea largely
seamless delivery of outdoor children can engage in outdoor unstructurep as open field for
recreation opportunities activities such as digging,exploring biJgs,insects,
exploring,unstructured play plants,trees;and sand/soli
Action 2.5:Provide outdoor o Organic maze (I.e.natural,
rec~eation play equipment that drought-tolerant landscaping
integrates physical activity and planted in patterns to create •
stimulates imagination a maze for children to
explore)
o Large boulders that blend
into the landscaping but
positioned to resemble art,
geography or sea life.
Children can climb,stand on,
and jump off boulders
CORP Issue 11/:Protect and Action 3.1:Incorporate 0 Decomposed granite walking
manage natural resources sustainablllty,energy efficiency,and exercise path
and environmental awareness o Trellis'to serve as shade
into project with recycled,structures
energy efficient materials,etc.o Natural,drought-tolerant
landscaping
0 Drip Irrigation system
0 Picnic tables made of
recycled content
0 Mutt Mitt dispensers with
degradable bags
Action 3:2:Work with local o Educational slgnage/kiosks
school districts to educate youth o Additional outreach for
on the importance of preserving docent lead tours with
natural resources school children
0 Outdoor classroom area
Action 3.6:Provide more o Cove-specific educational
Interpretive displays Interpretive displays
CORP Issue IV:Action 4.2:Incorporate and 0 Kiosk featuring Abalone Cove
Preserve/protect California's promote cultural heritage and RPV's cultural heritage
cultural heritage themes In park and recreation
areas
2.Regional Priority Outdoor Recreation Needs
The proposed Park improvements meet Los Angeles Region Priorities #1,#2 and #3.The Project
proposes to construct a 5-foot wide ADA accessible walking and exercise path around the
37
H-77
City of Rancho Palos Verdes
Abalone Cove Shoreline Park Improvement Project
perimeter of the Park (priority #1).The path will encourage repeat visitors,walking/jogging for
fitness or pleasure,and will provide visitors with disabilities a place to recreate near the beach.
The path will also provide a structured route for existing docent tours that include senior citizens
and children.The walking and exercise path will link to the City's trail system and become part of.a
wider network of trails in los Angeles County and the State through the California Coastal Trail,
which extends 1,200 miles from Oregon to Mexico.This will help provide health benefits to RPV
families and neighboring residents and make a positive impact on regional obesity rates.los
Angeles County is in great need of walking and jogging venues.According to a 2007 childhood
obesity study conducted by the los Angeles County Department of Public Health,"...more than 1 in
5 students in the 5'h,7'h and 9'h grades are now obese in los Angeles County."New group picnic
facilities and shade structures will accommodate large groups including school field trips,family
reunions,sports teams,senior groups,and church picnics (priority #2).And finally,the Project is
located on the Pacific Ocean shoreline (bluff top)and therefore increases access to magnificent
coastal views, which proVides prime opportunities for coastal nature observation and will be
enhanced with two new viewing telesco'pes (priority #3).
3.Local Outdoor Recreation Need
Within the 10-mile radius surrounding the Park,there are two City-owned outdoor venues;the
Palos Verdes Nature Preserve and the State-designated Ecological Reserve.Both are located
adjacent to the Abalone Cove Shoreline Park and open to the public.The Point Vicente Interpretive
Center (PVIC)is located 3.4 miles from the Park and is dedicated to exploring the natural history of
the Peninsula with specific emphasis on the migration of the Pacific gray whale.Despite the
availability of these resources,there is currently no other venue in the City that allows public
38
H-78
City of Rancho Palos Verdes
Abalone Cove Shoreline Park Improvement Project
access to walk or jog on a flat path with ocean views,picnicking,passive recreation and direct
access to the beach where one can observe the delicate marine life in the tide pools.This is the
only park which will feature ali of these amenities.
There are two key populations that will significantly benefit from the improvements;seniors
and school children.Of the almost 64,000 residents living on the Palos Verdes Peninsula,
•
approximately 25%are age 62 or older.This is much higher than the United States and California
average,which is 12%and 10.6%,respectively.Seniors need safe and accessible outdoor venues.
The proposed project will provide a new place for seniors to enjoy the outdoors;exercising,
picnicking,walking their dog,and viewing the ocean and nature.It will also provide volunteer
docent opportunities for seniors to help educate school children about the marine life of the tide
pools and the importance of these precious resources.In 2008,more than 3,300 adults and
children took part in 96 docent-led hikes throughout the City.With respect to school children,the
City of RPV hosts approximately 4,000 students and scouts on hikes through the tide pools and
habitat areas at Abalone Cove and habitat and geology tours through the Forrestal Nature Preserve
(a nearby City-owned Nature Preserve):With additional amenities at the Park,these numbers are
projected to increase.In addition,the City will continue to partner with the Palos Verdes Peninsula
Unified School District,which serves 12,094 children attending 18 different schools and the Los
Angeles County Unified School District serves nearly 7S,000 students at 113 schools.Schools and
students need free,outdoor venues that are accessible dUring the school day.The tide pools at
Abalone Cove,the State Ecological Reserve,and the Palos Verdes Nature Preserve are wonderful
opportunities for teachers and students to increase their knowledge of the natural sciences,nature
preservation,and oceanography.The larger picnic tables,shade structures,paved path,and
39
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City of Rancho Palos Verdes
Abalone Cove Shoreline Park Improvement Project
educational signage will serve as an outdoor classroom that wili enable more school groups to
enjoy the Park.
In addition to the Items noted above,it is important to point out how this .Project wlli help
preserve the entire Park,tide pools,PalosVerdes Nature Preserve and the Ecological Reserve.Thl!
City experiences frequent problems with poachers in the tide pools.Last year,the Los Angeles
•
County Sheriffs Department deputies issued 12 citations for poaching of mussels,abalone,and
starfish.The proposed educational sign age and kiosk will help the public understand how these
behaviors damage the marine habitat.Also,by improving the Park space from a barren,hilltop
area to a recreational and educational destination,increased visitation to the Park will help
discourage illegal activity,including poaching.
Project Phasing·The Abalone Cove Shoreline Park Improvement Project is a stand-alone project
but It is important to emphasize that the Park,.with the linkage to surrounding trails,will contribute
to the California Coastal Trail.The improvements are also an important first step in implementing
RPV's Coast Vision Plan that was adopted in 2008.
Public Demand·Evidence of local demand for outdoor recreational opportunities in the service
area include:
• A 2003 survey conducted by the City of RPV revealed that 12%of respondents cited "loss of
open space"as a serious issue facing residents.This was the 3'd most significant issue cited
with growth and development and education/public schools being the 1st and 2nd greatest
Issues,respectively.
40
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City of Rancho Palos Verdes
Abalone Cove Shoreline Park Improvement Project
•Parking data reveals that parking at Abalone Cove has increased by 31%from 2005 to 2010.In
the 2005-2006 fiscal year,7,694 cars parked at the site.In the 2009-2010 fiscal year,that
number was 10,116.
•From 2006-2008,the City developed a.Coast Vision Plan,which resulted in 180 people
participating in three workshops.At the June 2006 Visioning Workshop,participants In the
•
small group exercise cited the following coastline needs:picnic tables,shade shelters,trailhead
signs,kiosks,proVide access for people with disabilities,native plants,accommodate users
without changing the land,and trash cans,to name a few.
•On October 22,2010,the City hosted an Abalone Cove Focus Group meeting that underscored
the community's desire to see the Park improved and serve as a "gateway to nature."
Attendees were passionate about ensuring that improvements blend with the natural
environment,that the area remain free for'open and non-restrictive play,encourage sunset
picnics,have educational sign age,wide paths,and continue the educational themes that are
already a signature element of RPV at other venues.
4.Public Involvement
Methods to Notify the Public/Opportunities for Public Involvement -As mentioned above,RPV
conducted a visioning process for the coastal areas of the City between 2006 and 2008 that
resulted in the City Council adoption of the Coast Vision Plan.The Plan examined five key areas of
the coast,including Abalone Cove.A total of three public meetings were held as described in
Figure 2.Meeting invitation methods included newspaper advertisements,flyers,letters to
Abalone Cove neighbors,emails to Vision Plan meeting attendees,and postings on the RPV
website.Attendees were diverse and included residents of all ages and stakeholder groups such as
41
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city of Rancho Palos Verdes
Abalone Cove Shoreline Park Improvement Project
the Los serenos de Point Vicente (the docents)and the City's Equestrian Committee.A fourth,
Focus Group meeting was hosted on October 22,2010.
Public Process ond Comment Periods·All Coast Vision Plan meetings were open to the public and
participation was strongly encouraged.1ilO members of the public attended the three public
meetings and 12 members attended the focus group to provide feedback that led up to the
•
proposed recommendations for the Park Improvements.The focus group had a significant impact
on the final design and scope of work asso.ciated with the project.The formats varied from
workshop to workshop and included standard presentations,small group exercises,community
reports from various stakeholder groups,case study presentations,an open house format,question
and answer period,and pUblic comment process.After each Coast Vision Plan meeting,materials
and meeting video footage were posted on the City's website and the public was given a minimum
of 3D days to make comments and write letters,prior to the City Incorporating changes or taking
final actions.
Figure 2:Public Input Meetings
Meeting Date/Purpose .Day/TIme Location Attendees
COAST VISION PLAN MEETINGS
06/03/06 -Vision Plan Creation Sat.9am-noon Ridgecrest School 80
10/21/06 -Vision Plan Alternatives Sat.9am-noon Point Vicente Center 60
11/10/07 -Final Public Input Sat.9:30am-Spm Point Vicente Center 40
ABALONE COVE FOCUS GROUP MEETING
10/22/10 -Focus Group Fri.llam-1pm Terranea Resort 12
Total Attendees 192
Information Made Available to the Public for Review on the LWCF Proposal-At the final Coast
Vision Plan meeting In November 2007,participants were presented with a conceptual plan for the
42
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City of Rancho Palos Verdes
Abalone Cove Shoreline Park Improvement Project
Abalone Cove site.The Concept Plan articulated the current features,site goals,and visually
portrayed the elements via a schematic drawing.Visuals also included an image board including
sample picnic tables,a trellis and other design items related to the Abalone Cove Plan.All
materials were circulated at the November 10,2007,meeting and again at the October 22,2010,:
focus group.The focus group was also'provided with a draft site plan,which has been modified
•
based upon attendee recommendations.The City Council staff report associated with this project
is currently available on the City's website and this Land and Water Conservation Fund grant
application will be posted after November 1,2010.
Agency Response to Public Comments -During the Coast Vision Plan public comment process,the
City tabulated all responses (whether email,comment card,verbal,etc.)and summarized them by
"issue."The issues were to keep Abalone Cove a natural setting,to allow it to heal from bike use,
to support native plants and signage for the tide pool areas,to incorporate large PV stone boulders
and paths,a gazebo or structures for picnics,and no public road to the shoreline.The focus group
recommendations included keeping the Park an open,non-restrictive play area,clear/uniform
signage,balance the natural aesthetics and improvements to the park,include interpretive signs,
use natural plants to create a maze for children to explore,and incorporate large boulders as art
and play structures.As reflected in the scope of work for the Park improvements,almost all of the
requests from both the Coast Vision Plan and focus group participants have been incorporated into
the design plans proposed herein.
Timeliness of the Public Planning Process for the LWCF Proposal -The public planning process for
the Abalone Cove Shoreline Park Improvement Project concluded in September 2008 with City
Council approval of the Plan.Subsequently,the City hosted a special focus group on October 22,
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City of Rancho Palos Verdes
Abalone Cove Shoreline Park Improvement Project
2010,to ensure that the original ideas presented in the Coast Vision Plan process were still
resonating with residents.This focus group was structured as part of the City's development of this
land and Water Conservation Fund proposal and consisted of local residents who have been active
in the Abalone Cove planning process since the beginning of the Coast Vision Plan process.The
focus group's comments and input significantly helped shape the final design and scope of work
with regard to landscaping and interactive,but natural,recreational amenities.
S.Population and Population Density
The City of RPV has identified the Project Service Area to be the ten-mile radius surrounding the
Abalone Cove Shoreline Park.The population in this area is 626,607 residents with the population
density of 6,211 people per square mile.This densely populated Service Area spans the Palos
Verdes Peninsula,the City of RPV and small portions of the neighboring City of Los Angeles.Local
resorts such asTerranea (a 582-room world-class resort draWing international visitors),located less
than one mile from the Park will utilize the space for day trips and family-friendly educational
activities once the improvements are completed.The City does not believe there will be
significant day-to-day use by visitors from outside this defined 10-mlle Service Area;however,the
docents do reach out to the inner city schools for field trips and nature hikes.
6.Cost-Use Benefit
Upon completion of the proposed improvements,the City estimates that annual visitation to
the bJufftop amenities will increase by 60%.In 2009,10,116 vehicles entered the Park based
upon parking data collected dally.Assuming an average of 2.5 persons per car and school field
trips,the average annual visitation is roughly 30,000.Currently,most visitors park at Abalone Cove
and walk down to the beach,but do not stay on the bluff top,as it is largely undeveloped.It is
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City of Rancho Palos Verdes
Abalone Cove Shoreline Park Improvement Project
estimated that over 45%of the current,annual visitors will stay on the bluff top for some of their
visit and school field trips,family reunions,sports teams events,docent tours,etc.will increase use
by another 15%.The proposed park improvements are expected to cost $621,660.This is an
extremely low cost considering the projected increase in use and the following benefits:1.
creation of new outdoor recreation opportunities for all ages;2.cumulative cost savings to users
•
who are now able to walk or drive to their nearby neighborhood park;3.increased opportunity for
neighborhood cohesiveness,a central gath.ering place;4.health benefits for seniors,adults and
children;and 5.educational awareness of the State Ecological Reserve and the Palos Verdes Nature
Preserve and their unique ecosystems will help foster nature stewardship.This In turn will .Iead to
less poaching and a diminished need for police enforcement.The benefits of this Park will also
grow exponentially as its usage expands regionally to include users from school groups and
neighboring communities such as the City of Los Angeles,Torrance and Long Beach.
7.Public Access to Recreation
Limitation of Facilities/Fees·The Park is located on a bluff with the Pacific Ocean immediately
below and accessible via a rugged terrain trail.The bluff is located off of a major arterial in the City
(Palos Verdes Drive South)and is one of only four public access parks/vieWing areas in the City.
The Park is free of charge,with a small parking fee of $5.00 per car per day.This fee is used to
offset the cost of having a staff person on site to oversee Park needs and general maintenance
costs.
Daily Hours of Operation·The Park has daily operating hours in accordance with RPV City-wide
parks hours that require parks to be open one hour before sunrise and close one hour after sunset.
The site will be open seven days a week,with the exception of ThanksgiVing Day,December 24'h
and 25 th,and January 1st•
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Close to Home Recreation!Public Transportation -The proposed project will serve as both a close-
to-home recreation destination for neighboring residents as well as a local day trip destination for
the surrounding communities and school children.The project site is currently accessible by
automobile,public transportation,and bicycle,with ample space for parking.Two bicycle racks are
included in the proposed improvements.The Park is currently served by the Los Angeles County
•
Metropolitan Transportation Authority (Metro).Metro Line 344 bus service has a bus stop at the
intersection of Seacove Drive and Palos Verdes Drive South,a 1!5 mile walk to the Park entrance
via a pedestrian path along Palos Verdes Drive South.This bus line runs seven days a week.
Transportation to the site is also offered locally by the Palos Verdes Peninsula Transit Authority.
Obstacles Associated with the Project Site·There are no obstacles or barriers within the Project
Service Area that may limit access to and from the project site.
8.Population Served
The proposed park improvements will benefit all segments of the public within the lO-mile
service area surrounding the site.The following underserved segments of the population will
greatly benefit from the proposed Improvements:Seniors-Rancho Palos Verdes has a large aging
population with senior citizens representing well over 25%of residents.The proposed project will
provide a free space for seniors to enjoy the outdoors and get exercise in a location that is
accessible by public transit.Lotino Families·The Peninsula's latino population is growing,with
some neighboring cities well above the 32%Latino statewide population,such as San Pedro-Los
Angeles (40%),and Long Beach (41%).Accordingly,large projected growth Is expected in the State
of California overall for Latino school-age children in the next 25 years.Disabled members of the
community-The proposed improvements will increase the area's ADA accessible paths with views
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City of Rancho Palos Verdes
Abalone Cove Shoreline Park Improvement Project
of the ocean.School Children-There are approximately 50,000 school children attending schools
within the designated lO-mile radius surrounding the Park.School children in these closely
neighboring communities are economically and academically underserved as evidenced by over
72%of LAUSD schools claiming Title I status and over 76%receiving free and reduced lunch.
Docents regularly arrange for student tours and hikes from the Inner city areas via school field trips .
•
Improved large group spaces and a new outdoor classroom space will enhance the overall quality
of field trips and increase school children vlsits to the Park.
9.Readiness
The following schedule demonstrates the City will be able to start,execute,and complete the
proposed improvements within 16 months (almost two years in advance of the required three-year
project completion requirement).A concept design plan has been drafted and final design is
expected to take approximately five months.City staff believes this project will qualify as a
categorical exemption and therefore the environmental approval process should proceed quickly.
No special permits are required to complete this project.
Figure 3:Project Schedule
#Tasks Start End
1 Submit Nature Education Grant Application 11/10
2 Grant Agreement Executed (anticipated)3/11
3 Project Management and Oversight Project life
4 Project Klck-Dff Meeting 4/11 4/11
5 Final Design and Development of Request for Proposal(s)4/11 8/11
6 Advertise/Award Contract(s)9/11 11/11
7 Grading 12/11 1/12
8 Educational Signage and Kiosk Developed 12/11 1/12
9 Construct trail,install bike racks,fencing and mutt mitt dispensers 1/12 5/12
10 Install picnic benches,shading,educational signage and kiosk 4/12 7/12
11 Notice of Completion Filed 8/12 8/12
12 Grand Opening 8/12 8/12
13 Project Close out 9/12 9/12
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City of Rancho Palos Verdes
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#Tasks Start I End
14 Reporting Bi-annually
15 Records retention Up to 3 years
10.Performance
The City of RPV has an experienced project management team which has successfully
completed grant-funded projects on time and within budget.For example,a team of city staff and
•
consultants expanded the Point Vicente Interpretive Center by over 7,000 square feet,developed
and constructed interpretive exhibits,and .constructed and installed landscaping,a terrace,and
walkways.The total project cost was $5.1 million and included a mix offundlng including Measure
A,QUimby Act,Environmental Excise Tax,Proposition 40,General Funds,and private donations.
The project commenced in June 2004 and was completed 15 months later in September 2005.The
City is also in the process of closing out a federal Energy Efficiency Conservation Block Grant
($162,900),which required significant conformance to federal regulations including Davis Bacon,
NEPA environmental laws,federal procurement,and reporting.The City has never missed a
reporting deadline,has kept the Department of Energy project officer updated on progress,and
will have closed out the grant within one year of the award.The City is also managing two federal
Highway Safety Improvement Program grants cumulatively worth $465,000.These projects are on
schedule and will be closed out within the contract timeframes.
The City's Parks and Recreation Department (PRD)will oversee this project in cooperation with
the City Manager's office,the Finance &IT Department,and the City's Public Works Department.
The PRD oversees 15 venues Including 10 parks (235 acres total),three community centers,one
interpretive center,and a fishing access site.The PRD develops and coordinates various programs
for residents to enjoy at these venues,including classes and docent lead nature and educational
tours (3,316 people took part in 96 docent-led tours in 200B).The City also owns and protects the
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City of Rancho Palos Verdes
Abalone Cove Shoreline Park Improvement Project
1,400 acre Palos Verdes Nature Preserve,which the City has partnered with the Palos Verdes Land
Conservancy for management.The Preserve includes a network of hiking,equestrian and bicycle
trails.The City is committed to open space as demonstrated by maintaining a Habitat Restoration
Fund that receives funds from developers for conservation easements and a Maintenance Fund as
part of a development agreement to pay for maintenance for 71 acres including trails,fencing,and
•
landscaping.The City will continue to use these methods and others (zoning,use permits, etc.)to
balance development while preserving lands for open space.
For all grant funded projects,the City's Finance &IT Department establishes a unique code to the
funds and tracks all expenses and grant proceeds.City Finance staff have experience accounting
for grant funds according to federal rules including Code of Federal Regulation requirements,Office
of Management and Budget rules and Circulars,and adhering to Single Audit Act requirements.
Grant progress is tracked by the City Manager's office via monthly grant meetings.
11.Operation and Maintenance
The City's Recreation and Parks Department (RPD)(7 full-time staff members and 16 part-time)
will manage the day-to-day operations of the Park and long-term maintenance will be managed by
the Public Works Department (15 full-time staff).The City will use General Fund monies and the
small parking fee ($5 per car,per day)to pay for O&M costs.The PRD budget is approximately $1.5
million annually for park operations and programming and the Public Works budget for parks,
trails,and open space maintenance Is approximately $1.2 million.The City Council is aware of an
expected increase in O&M and passed Resolution No.2010-99 Indicating their full support to fund
O&M expenses for the long-term.Specific O&M work includes:1)the walking path will receive
routine maintenance on a semi-annual basis;2)picnic tables and signage will be kept stain and
49
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City of Rancho Palos Verdes
Abalone Cove Shoreline Park Improvement Project
graffiti free on a weekly basis;3)trash will be removed daily;and 4)RPV Park Rangers and the Los
Angeles County Sheriffs Department will provide enforcement and patrol services.It should be
noted that a staff person is on site daily,collecting parking fees,providing overall supervision,and
reporting park O&M needs to the approwiate City personnel.
•
50
H-90
Exhibit "C":
City's contract with State for Land and Water Conservation Fund Grant
R6876-0001\1347704v1.doc
H-91
=8.~State of California.Natural Resources Agency
.-,~DEPARTMENT OF PARKS AND RECREATION.P.O.Box 942896.Sacramento,CA 94296-ll001
.'s (9l6)653-7423
MAR 01 2012
Edmund G.Brown Jr.,Governor
Ruth Coleman,Director
RECEIVED
MAR 05 201l
COMMUNITY DEVELOPMENT
,DEPARTMENT
Ara Mihranian
Deputy Director of Community Development
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275-5391 .
Re:Land and Water Conservation'Fund Contract
Project Name:Abalone Cove Shoreline Park Improvement Project
Program:Land and Water Conservation Fund
Project Number:06-01719
Dear Ara Mihranian:
Thank you for agency's attendance at the Land and Water Grant Requirements Workshop
held on January 18,2012 in Riverside.The Office of Grants and Local Services (OGALS)
looks forward to partnering with you for a successful Land and Water Conservation Fund
(LWCF)project.
Please see attached your LWCF contract for your review and signature.As stated in the
workshop,carefully review the contract provisions.The signature required on the contract
must be from your Authorized Representative.
:
As a reminder,eligible project costs must be incurred after the start date of the performance
period (Federal approval date)on your contract.Construction should not begin until the
LWCF post-selection requirements are completed.
Please send your signed contract to us within 30 days to:
California State Parks
Office of Grants and Local Services (OGALS)
P.O.Box 942896
Sacramento,CA 94296-0001
Attention:Cynthia Wong,Supervisor
If you have questions regarding this request,please contact Project Officer Jeanne
Ekstrom at (916)651-7737 or jmeks@parks.ca.gov or Cynthia Wong,Supervisor,at
(916)651-8574 or cwong@parks.ca.gov
Sincerely,
Barbara Baker,Manager
Office of Grants and Local Services
Enclosure
cc:Karen Sims,Project Officer
H-92
8=~State of California.Natural Resources Agency Edmund G.Brown,Jr.,Governor
......:-:'"DEPARTMENT OF PARKS AND RECREATION.P.O.Box 942896.Sacramento,CA 94296·0001 Ruth Coleman,Director
916-653-7423
February 29,2012
Carolyn Lehr
City Manager
.City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes,CA 90275
Dear Ms.Carolyn Lehr,
:
Re:Project Name:
Program Name:
Project Number:
Contract Number:
Abalone Cove Shoreline Park Improvement Project
Land and Water Conservation Fund
Competitive
06-01719
C8953009
Enclosed is a contract for the above-referenced project.Please sign and return it within
30 days.We will send you a copy after it is signed by the State.Please remember that
your project must comply with all applicable state and federal laws and regulations
including,but not limited to,legal requirements for construction contracts,building
codes,health and safety codes,and the laVl(s and codes pertaining to individuals with
disabilities.
You must comply with the Land and Water Conservation Fund Program post-selection
requirements before any reimbursements can be processed.For development projects,
we must receive compliance with Section 106 and a copy of the Deed for the project.
For acquisition projects,we must receive the appraisal and independent appraisal
review that conforms to the Uniform Appraisal Standards for Federal Land Acquisitions
(UASFLA).Please see your recommendation letter or the Land and Water
Conservation Fund Program Procedural Guide for the instructions regarding these post-
selection requirements.
If you have any questions,please contact me at (916)651-7739 or email me at
ksims@parks.ca.gov.
Sincerely,
~~1uO
Karen Sims
Project Officer
Enclosure(s)
H-93
State of Callfomla·Nalurnl Resourcos Agoncy
Department of Parks and Recreation
GRANT CONTRACT
Land and Water Conservation Fund
Competitive
September 16,2011 thru June 30,2014
City of Rancho Palos VerdesGRANTEE
PROJECT PERFORMANCE PERIOD is from ---'----'-----'------------
PROJECT TITLE ABALONE COVE SHORELINE PARK IMPROVEMENT PROJECT PROJECT NUMBER 06-01719
Under the terms and conditions of this agreement,the applicant agrees to complete the project as descrlbed In the project description,
and the Slate of California,acting through its Director of Parks and f1.ecreallon pursuant to the program named abow,agrees to fund the
project up to the total grant amount Indicated.
PROJECT DESCRIPTION
Dewlap Aba/ooe Cow Shoreline Parle.by constructing decomposed granite trails with traJ1head and \'iewlng station,picnic areas including group
picnic facilities.shade strucluresJ outdoor classroom ares,play area consisting of organic maze,and support facilities.
Total State Grant not to exceed ;332.568.00 (or 50%of the tola!project,Ywilich ever Is less.The federally approwc:l surcharge will be
deducted at the time of blillng.)
Rate of Reimbursement 50.00%
City of Rancho Palos Verdes
Gmnlcc
The General and Special ProvfskHts attached ai'll mado a part
of and Incorporated Into the Contract.
By ------o;--:--..,...,--,------cc:-::-,-~-_,_;__--
Typed 01 printed name or Authorized Repl'"8Senlalive STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
Signatare of Authorized Represcntntiw
Address _By
Title City Manager Date
Date
CERTIFICATION OF FUNDING
coNTRACT NO Atv£NDMENT NO CALSTARS VENDOR NO.I PROJECT NO.
C8953009 000000489600 06-01719
AMOUNT ENCUMOERED BY THIS DOCUMENT FUND.
$332.586.00 Federal Trust Fund
PRIOR AMOUNT ENCUMBERED FOR TIllS ITEM ICHAPTER ISTATUTE I HSCAl YEARCONTRACT3790-101-0890(1 )712110 10 2011112
TOTAL AMOUNT ENCUMBERED TO DATE INDEX.IOBJ.EXPEND I
peA.I PROJECT I WORK PHASE,
$332.588.00 1091 702 68954 091012·00
T.SA NO.I hereby cer1iry upon my pe~onol knowiedgc that budgeted funds oro available for this em::umbrnnce.
B.R..NO.ACCOUNTING OFFICER'S SlGNATURE IDATE.
H-94
State of California -The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Land and Water Conservation Fund
Grant Contract Provisions
Part I -Definitions
A.The term "NPS"or "Service"as nsed herein means the National Park Service,United States Department of the
Interior.
B.The term "Director"as used herein means the Director of the National Park Service,or any representative
lawfully delegaled the authorily to act for such Director.
C.The term uManual"as used herein means the Land"and Water Conservation Fund State Assistance Program
Manual.
D.The term "project"as used herein means a Land and Water Conservation Fund granl which is subject 10 the
project agreement and/or its subsequent amcndmenJs.
E.The term "State"as used herein means the Slate or Territory which is a party to the project agreement,and,where
applicable,the political subdivision or public agency to which funds are 10 be transferred pursuant to this agreement.
Wherever a term,condition,obligation,or requirement refers to the State,such term,condition,obligation,or
requirement shall also apply to the recipient political subdivision or public agency,except where it is clear from the
nature of the term,condition,obligation,or requirement that it is to apply solely to the Slate.For purposes ofthese
provisions,the terms "State,""grantee,"and urecipient n are deemed synonymous.
F.The term "Secretary"as used herein means the Secretary of the Interior,or any representative lawfully delegated
the authority to acl for such Secretary.
Part II -Continuing Assurances
The parties to the project agreement specifically recognize Ihal the Land aud Water Conservation Fund project
creates an obligation to maintain the property described in the project agreement and supporting application
documentation consistent with the Land and Water Conservation Fund ACI and the following requirements.
Further.it is the acknowledged intent of the parties hereto that recipients of assistance will use monies granted
hereunder for the purposes of this program,and thaI assistance granted from the Fund will result in a net increase,
commensurate at least with the Federal cost·share,in a participant's outdoor recreation.
It is intended by both parties hereto that assistance from the Fund will be added to,rather than replace or be
substituted for,State and local outdoor recreation funds.
A.The Stale agrees,as recipient of this assistance,thai it will meet the following specific requirements and that it
will further impose these requirements,and the terms of the project agreement,upon any political subdivision or
public agency to which funds are transferred pursuant to the project agreement.The Stale also agrees that it shall be
responsible for compliance with the terms of the project agreement by such a political subdivision or public agency
and that failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to
comply with the terms of this agreement.
B.The Stale agrees that the property described in the projeci agreement and the signed and dated projeci boundary
map made part of that agreement is being acquired or developed wilh Land and Water Conservation Fund
assislance,or is integral to such acquisition or development,and that,without the approval ofthe Secretary,it shall
not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in
perpetuity or for the lerm of the lease in the case of leased property.The Secretary shall approve such conversion
only if it is found to be in accord with the then existing comprehensive statewide outdoor recreation plan and only
upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair
market value and of reasonably equivalent usefulness and location pursuant to Title 36 Part 59.3 of the Code of
Federal Regula/ions.This replacement land becomes subject to Section 6(1)(3)protection.The approval ofa
conversion shall be at the sole discretion of the Secretary,or his designee.
:
H-95
Prior to the completion of this project,the State and the Director may mutually alter the area described in the project
agreement and the signed and dated project boundary map to provide the most satisfactory public outdoor recreation
unit,except that acquired parcels arc afforded Section 6(1)(3)protection as Fund reimbursement is provided.
In the event the NPS provides Land and Water Conservation Fund assistance for the acquisition and/or development
of property with full knowledge that the project is subject to reversionary rights and outstanding interests,
conversion of said property to other than public outdoor recreation uses as a result of such right or interest being
exercised will occur.In receipt of this approval,lhe State agrees to notify the Service of the potential conversion as
soon as possible and to seek approval of replacement property in accord with the conditions set forth in these
provisions and program regulations.The provisions of this paragraph arc also applicable to:leased properties
acquired and/or developed with Fund assistance where such lease is terminated prior to its full term due to the
existence ofprovisions in such lease known and agreed to by the Service;and properties subject to other outstanding
rights and interests that may result in a conversion when known and agreed to by the Service.
C.The State agrees that the benefit to be derived by the United States 1T0m the full compliance by the State with the
terms of this agreement is the preservation.protection,and the net increase in the quality of public outdoor
recreation facilities and resources which are available 10 the people of the State and of the United States,and such
benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States
by way of assistance under the terms of this agreement.The State agrees that payment by the State to the United
States oran amount equal to the amount of assistance extended under this agreement by the United States would be
inadequate compensation to the United States for any breach by the State of this agreement.
The State further agrees,therefore,that the appropriate remedy in the event of a breach by the State of this
agreement shall be the specific performance of this agreement or the submission and approval of a conversion-of-
use request as described in Section n.B above.
D.The State agrees to comply with the policies and procedures set forth in Manual.Provisions of said Manual are
incorporated into and made a part of the project agreement.
E.The State agrees that the property and facilities described in the project agreement shall be operated and
maintained as prescribed by Manual requirements and published post-completion compliance regulations (Title 36
Part 59 of the Code ofFederal Regulations).
F.The State agrees that a permanent record shall be kept in the participant's public property records and available
for public inspection to the effect that the property described in the scope of the project agreement,and the signed
and dated project boundary map made part of that a.greement,has been acquired or developed with Land and Water
Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the
wnnen approval of the Secretary oflhe Interior.
G.Nondiscrimination
I.By signing the LWCF agreement,the State certifies that it will comply with all Federal!aws relating to
nondiscrimination as outlined in the Civil Rights Assurance appearing at Part 1lI-1 herein.
2.The State shall not discriminate against any person on the basis of residence,except to the extent that reasonable
differences in admission or other fees may be maintained on the basis of residence as set forth in the Manual.
Part III -Project Assurances
A.Applicable Federal Circulars
The State shall comply with applicable regulations,policies,guidelines and requirements as they relate to the
application,acceptance and use of Federal funds for this federally assisted project,including:
•OMB Circular A-I02,Uniform Administrative Requirements for Grants and Cooperative Agreements with
State and Local Governments;
•43 CPR Part 12,Administrative and Audit Requirements and Cost Principles for Assistance Programs,
Department of the Interior;
•A-8?,Cost Principles for State,Local,and Indian Tribal Governments;and
•A-133,Audits of States,Local Governments,and Non-Profit Organizations.
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B.Project Application
1.The Application for Federal Assistance bearing the same project number as the agreement and associated
documents is by this reference made a part of the agreement.
2.The State possesses legal authority to apply for the grant,and to finance and construct the proposed facilities.A
resolution,motion or similar action has been duly adopted or passed authorizing the filing ofthe application,
including all understandings and assurances contained herein,and directing and authorizing the person identified as
lhe official representative of the State to act in connection with the application and to provide such additional
infonnation as may be required...
3.The State has the capability to finance the non-Federal share of the costs for the project.Sufficient funds will be
available to assure effective operation and maintenance of the facilities acquired or developed by the projeel.
C.Project Execution
I.The project period shall begin with the dale.of approval of lhe project agreement or the effective date of a waiver
of retroactivity and shall terminate at the end of the stated or amended project period unless the project is completed
or tcnninated sooner in which event the project shall end on the date of completion or termination.
2.The State shall transfer to the project sponsor identified in the Application for Federal Assistance or the
Description and Notification Form all funds granted hereunder except those reimbursed to the State to cover eligible
administrdtive expenses.
3.The State will cause work on the project to be commenced within a reasonable time after receipt of notification
that funds have been approved and assure that the project will be prosecuted to completion with reasonable
diligence.
4.The State will require the facility to be designed to comply with the Architectural Barriers Act of 1968 (Public
Law 90-480)and 001 Section 504 Regulations (43 CFR Part 17).The State will be responsible for conducting
inspections to insure compliance with these specifications by the contractor.
5.The State shall secure completion of the work in accordance with approved construction plans and specifications,
and shall secure compliance with all applicable Federal,State,and local laws and regulations.
6.In the event the project covered by the project agreement,cannot be completed in accordance with the plans and
specifications for the projec~the State shall bring the project to a point of recreational usefulness agreed upon by the
State and the Director or his designee.
7.The State will provide for and maintain competent and adequate architecturaUengineering supervision and
inspection at the construction site to insure that the completed work conforms with the approved plans and
specifications;that it will furnish progress reports and such other information as the NPS may require.
8.The State will comply with lhe terms of Title 11 and Title III,the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (p.L.91-646),94 Stat.1894 (1970),and the applicable regulations and
procedures implementing such Act for all real property acquisitions and where applicable shall assure that the Act
has been complied with for property ID be developed with assistance under the project agreement.
9.The State will comply with the provisions of:Executive Order 11988,relating to evaluation of fiood hazards;
Executive Order 11288,relating to the prevention,control,and abatement or water pollution,and Executive Order
11990 relating to the protection of wetlands.
10.The Slate will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disasler
Protection Act of 1973,Public Law 93-234,87 Stat.975,approved December 31,1976.Section I 02(a)requires the
purchase of flood insurance in communities where such insurance is available,as a condition for the receipt of any
Federal financial assistance for construction or acquisition purposes,for use in any area that has been identified as
an area having special flood hazards by the Flood Insurance Administration of the Federal Emergency Management
Agency.The phrase "Federal financial assistance"includes any form of loan,grant,guaranty,insurance payment.
rebate.subsidy,disaster assistance loan or grant.,or any other form of direct or indirect Federal assistance.
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II.The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of
1966 as amended (16 U.S.C.470),Executive Order 11593,and the Archaeological and Historic Preservation Act of
1966 (16 U.S.C.469a-1 et seq.)by (a)consulting with thc Statc Historic Prcservation Officer on the conduct of
invcstigations,as nccessary,to identify properties listed in or eligible for inclusion in the National Register of
Historic Places that are subject to effects (see CFR Part 800.8)by the activity,and notifying the Federal grantor
agency of the existence of any such properties,and by (b)complying with all requirements esta~lished by the
Federal grantor agency to avoid or mitigate adverse effects upon such properties.
12.The State will comply with "Minority Business Eoterprises"and "Women's Business Enterprises"pursuant to
Executive Orders 11625 and 12138 as follows:
(1)Place minority and women business firms on ~idder's mailing lists.
(2)Solicit these firms whenever they are potential sources of supplies,equipment.construction,or services.
(3)Where feasible,divide total requirements into sinaller needs,and sel delivery schedules that will encourage
participation by these firms.
(4)The Department of the Interior is committed to the objectives of this policy and encourages all recipients of its
grants and cooperative agreements to take affirmative steps to ensure such fairness.
The National Park Service Regional Offices will work'c1osely with the States 10 ensure full compliance and that
gr"ant recipients take affirmative action in placing a fair share of purchases with minority business firms.
13.The Slate will comply with the intergovernmental review requirements of Executive Order 12372.
D.Construction Contracted for by the State Shall Meet the Following Requirements:
I,Contracts for construction shall comply with the provisions of 43 CFR Part 12 (Administrative and Audit
Requirements and Cost Principles for Assistance Programs,Department of the Interior).
2.No grant or contract may be awarded by any grantee,subgrantee or contractor of any grantee or subgrantee to any
party which has been debarrcd or suspended under Executive Order 12549.By signing the LWCF agreement,the
State certifies that it will comply with debarment and sUspcflSion provisions appearing at Part IlI-J herein.
E.Retention and Custodial Requirements for Records
I.Financial records,supporting documents.statistical records,and all other records pertinent to this grant shall be
retained in accordance with 43 CFR Part 12 for a period of three years;except the records shail be retained beyond
the three-year period if audit findings have not been resolved.
2.The retention period starts from Ihe date of the final expenditure report for the project.
3.State and local governments are authorized to substitute copies in lieu of original records.
4.The Secretary of the Interior and lhe Comptroiler General of the United States,or any oflheir duly authorized
representatives,shall have access to any books,documents,papers,and records of the State and local governments
and their subgrantees which are pertinent to a specific project for the purpose of making audit,examination,excerpts
and trn~scripts.
F.Project Termination
I.The Director may temporarily suspend Fedcral ossistance under the project pcnding corrective action by the State
or pending a decision to [erminate the grant by the Service.
2.The Stale may unilateraily terminate the project at any time prior to the first payment on the project.After the
initial payment,Ihe project may be terminated,modified,or amended by the State only by mUNal agreement.
3.The Director may tenninate the project in whole,or in part,at any time before the date of completion,whenever it
is determincd that thc grantee has failed to comply with the conditions of the grant.The Direclor will promptly
notify the State in writing ofthe determination and the reasons for the termination,together with the effective date.
Payments made to States or recoveries by the Service under projects tenninated for cause shall be in accord with the
legal rights and liabilities oflhe parties.
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4.The Director or Slate may terminate grants in whole,or in part at any time before the date of completion,when
both parties agree that the continuation of the project would not produce beneficial results commensurate with the
further expenditure of fimds.The two parties shall agree upon lhe terminal ion condilions,including Ihe effective
date and,in the case of partial termination,the portion to be terminated.The grantee shall 110t incur new obligations
for the terminated portion after the effective date,and shall cancel as many outstanding obligations as possible.The
NPS may allow full credit to the State for the Federal share of the noncancelable obligations,properly incurred by
the grantee prior to tennination.
5.Termination either for cause or for convenience requires that the project in question be brougHt to a state of
recreational usefulness agreed upon by the Slate and the Director or that all funds provided by the.National Park
Service be returned.
G.Lobbying with Appropriated Funds
The Stale must certifY,for the award of grants exceeding $100,000 in Federal assistance,that no Federally
appropriated funds have been paid or will be paid,by or on behalf of the State,to any person for influencing or
attempting to influence an officer or employee of any agency.a Member of Congress,an officer or employee of
Congress,or an employee of a Member of Congress in connection with the awarding,extension,continuation,
renewal,amendment,or modification of this grant.In compliance with Section 1352,title 31,U.S.Code,the Stnte
certifies,as follows:
The undersigned cerlifies,10 /he besl ofhis or her knowledge and belie/.Ihal:
(I)No Federal approprialedfilllds h(IVe been paid or will be paid,by or on behalf ofIhe ulldersigned,10 an)'persall
for influencing or attempting /0 influence an officer or employee ofon agenc),.a Member a/Congress,and officer or
employee a/Congress,or an employee of a Member a/Congress in connection with the awarding ofany Federal
contract.the making ofany federal grant,the making ojany Federal/oan,the entering into of any cooperative
agreement,and the extension,continuation,renewal,amendment,or modification ofany Federal contract,grant.
loan,or cooperative agreemem.
(2)ifany filllds a/her Ihan Federal approprialedfunds have beell paid or will be paid 10 any person for influencing
or Quempting to influence an officer or employee ofany ag~ncy.a Member afCongress.an officer or employee of
Congress,or an employee ofa A1ember afCongress ;n connection with this Federal contract.grant,loan,or
cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to
Report Lobbying,"in accordance ·with its instructions.
(3)The lIndersigned shall reql/ire Ihollhe longl/oge ofrhis cerlificalion be included illlhe mvord docl/ments!or all
subawards at all tiers (including subcontracts,subgrants,and contracts linder grants,loans,and cooperative
agreements)and that all subrecipients shall certify accordingly.
This certification is a material representation of[ar;t upon which reliance was placed when this transaction was
made or entered into.Submission ofthis certification is a prerequisite for making or entering into this transaction
imposed by Sectioll 1352,lille 31,U.S.Code.Any person who fails 10 file Ihe reql/ired cerlification shall be sllb)ecl
10 a civil penalty ofnot less Ihon SID,000 alld not more Ihan SI DO,000 for each slichfailuI'e.
H.Provision ora Drug-Free Workplace
In compliance with the Drug-Free Workplace Act of 1988 (43 CFR Part 12,Subpart D),the State certifies,as
follows:
The grantee certifies that it will or continue to provide a drug-free workplace by:
(a)Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession,
or lise oja controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken
against employees Jar violation ofsuch prohibition;
(b)Establishing an ongoing drug-Jree ml1areness program to inform employees abow:
(I)The dangers a!drug abl/se illlhe workplace;
(2)The grantee's palicy a/maintaining a drug-free workplace;
(3)Any available drug counseling,rehabilitation,and employee assiSlal1ce programs;and
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(4)The penalties that may be imposed upon employees/or drug abuse violations occurring in the workplace;
(c)Making it a requirement rhat each employee to be engaged in the perJormance oja grant be given a copy ojrhe
starement required by paragraph (a);
(d)Notifying the employee in the starement required by paragraph (a)thaI,as a condition ojemployment under the
grant,the employee will:
(I)Abide by rhe terms ojrhe slatemem;and
(2)Notify the employer in writing 0/his or her conviction/or a violation 0/a criminal drug stat,lle occurring in the
workplace 110 later thanpve calendar days after such conviction;
(e)Notifying the agency in writing,wirhin len calendar days afler receiving notice under subparagraph (d)(2)from
an employee or othenvise receiving actual notice 0/such conviction Employers ofconvicted employees mllst
provide noace,including position litle,to every grant officer on whose grant activity the convicted employee was
working,unless tire Federal agency has designated a central point/or the receipt 0/such notices. Notice shall
include the identification nlunber(s)0/each affected grant;
(/)Taking one ofthe/allowing actions,within 30 calendar days a/receiving notice under subparagraph (d)(2),"Ilith
respect to any employee who is so convicted;
(I)Taking appropriate personnel action against such an employee,up to and including termination,consistent with
the requirements a/the Rehabilitation Act 0/1973,as qmended;or
(2)Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved/or such purposes by a Federal,State,or local health,lawen/orcemcJ7/,or other appropriate agency;
(g)Making a good/ailh effort to continue to maintain a drug-free workplace through implementation a/paragraphs
(a),(b),(c),(d),(e)and (J).
The State must include with its application for assistance a specification of the site(s)for the perfonnance of work to
be done in connection with the grant.
I.Civil Rights Assurance
The State certifies that,as a condition to receiVing any Federal assistance from the Department ofthe Interior,it
will comply with all Federal laws relating to nondiscrimination.These laws include,bill are not limited to:(a)Title
VI oJlhe Civil Righls Act oj1964 (42 U.Sc.2000d-J),which prohibits discrimination olllhe basis oJroce,color,or
lIationalorigin;(b)Seclion 504 oJthe Rehabilitation Acl oj 1973,as amended (29 U.Sc.794),which prohibils
discrimillalioll 011 the basis oJhandicap;(c)the Age Discrimination ACI oj1975,as amended (42 U.Sc.6101 el.
seq.),which prohibits discrimination on the basis of age;and applicable regulatDly requirements to the end that no
person in the United States shall,on the grounds 0/race,color.national origin.handicap or age.be excludedfrom
participation in,be denied the benefits oj.or be othenvise subjected to discrimination under any program or activity
cOllducted by the applicant.THE APPLICANT HEREBY GIVES ASSURANCE THAT il will immediately rake OilY
measures necessary to effectuate this agreement.
TfJIS ASSURANCE shall apply to all aspects oJrhe·applicant's operalions including those parts thaI have not
received or benefitedfrom Federalfinancial assistance.
Ifany real property or structure thereon is provided or improved with the aid 01 Federalfinancial assistance
extended to the Applicant by the Department,this assurance shall obligate the Applicant,or in the case a/any
transfer ofsuch property,any transferee,for the period during which it retains ownership or possession o/the
property.In all other cases,this assurance shall obligate the ApplicanlJar the period durillg which the Federal
financial assistance is extended to it by the Depar/ment.
THIS ASSURANCE is given in consideration ojandJor the purpose ojobtaining any and all Federal grants,loans,
contracts,property,discounts or other Federaljinancial assistance extended after the date hereofto the Applicant
by the Department,including installment payments after such date on account ofapplications /01'Federal financial
assistance which were approved before such date.
The Applicant recognizes and agrees that such Fedel'alpnancial assistance will be extended in reliance on the
representations and agreements made in /his assurance,and that/he Uni/ed State shall have the right to seek
judicial enforcement ofthis assurance.This assurance Is binding on the Applicant,its successors,transferees,
assignees,and subrecipients and the person whose signature appears on the grant agreement and who is authorized
to sign on behalfoJrhe Applicant
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J.Debarment and Suspension
Certification Regarding Debarment,Suspension,and Other Responsibility Matters -Primary Covered
Transactions
(I)The prospective primary participant certifies to the best ofits knowledge and belief,that il and ils prillcipals:
(a)Are nOT presently debarred,suspended,proposed/or debarment,declared ineligible,or voluntarily excluded
from covered transactions by any Federal department or agency;
(b)Have not within a three-year period preceding this proposal been convicted ofor had a dvi(judgment rendered
against/hem for commission offi'aud or a criminal offense in connection with obtaining,allempr.ing to obtain,or
performing a public (Federal,State 01'local)transaction Or cOn/ractunder a public transaction/·violation of
Federal or State antitrust statules or commission or embezzlement,theft,/orgery,briberY,falsijicatioJ1 or
destruction ofrecords,making/alse statement,or receiving stolen property;
(c)Are nol presently indictedfor or olhe"vise cri1pinally or civilly charged by a governmental entity (Federal,State
or local)with commissloll ofallY ofthe offenses ellllmerated in paragraph (I)(b)ofthis certification;alld
(d)Have not within a three-year periodpreceding this application/proposal had one or more public transactions
(Federal,Slate or local)terminatedfor calise or defalllt.
(2)Where the prospective primary participant is unable to certify to any of the statements in this certification,slIch
prospective participant shall attach an explanation to (his proposal.
The State further agrees lhat il will include the clause "Certification Regarding Debannent,Suspension,Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transactions tl appearing below in any agreement entered into with
lower tier participants in Ihe implementalion of this grant.Department oClnterior Fonn 1954 (01-1954)may be used
for this purpose.
Certification Regarding Debarment,Suspension,Ineligibility,and Voluntary Exclusion -Lower Tier Covered
Transactions
(1)The prospective lower tier participant certifies,by submission ofthis application that neither it nor its principals
is presently debarred,suspended,proposedfor debarment,declared ineligible,or vollintarily excllldedji-om
participation in this transaction by any Federal department or agency.
(2)Where the prospective lower tier participant is unable to certify to any ofthe statements in this certification,
such prospective participant shall at/ach an eJ.planation to this application.
K.Hold Hannless
The Granlee shall indemnify the State of California and its officer,agents and employees against and hold the same
fTee and hannless fTom any and all claims,demands,damages,losses,costs,ancllor expenses of liability due to,or
arising out of,either in whole or in part,whether directly or indirectly,the organization,Development,construction,
operation.or maintenance of the Project.
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