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HomeMy WebLinkAboutCC Resolution 7699 (Shoreline Park-City Pond)RESOLUTION NO 7699 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH STATE COASTAL CONSERVANCY FOR PUBLIC ACCESS FOR SHORELINE PARK -CITY POND FOR $65,395.00 WHEREAS, the City of San Rafael has submitted a grant request to the California State Coastal Conservancy as part of the San Francisco Bay Shoreline Access Grant Round; --and WHEREAS the City project submitted was to improve access to the San Rafael Shoreline and restore and enhance the City Pond; and WHEREAS the California State Coastal Conservancy has awarded the City of San Rafael $65,395.00 for the project; and WHEREAS the California State Coastal Conservancy has prepared an agreement outlining the terms and conditions of the grant award; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby authorizes the Citv Manager to execute grant agreement #87054; and approves the terms and conditions of California State Coastal Conservancy Agreement # 87054:- I, JEANNE M LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday the 21st day of March 1988 by the following votes, to wit: AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan ��l ��,Ci_tty CJE M. LEONCClerk STANDARD AGREEMENT 'PROVED BY THE ❑ CONTRACTOR rTORNEY GENERAL STATE OF CALIFORNIA ❑ STATE AGENCY TD 2 4REV 2/8S) ❑ DEPT. OF GEN. SER. ❑ CONTROLLER THIS AGREEMENT, made and entered into this 29th date of January 198$, ❑ in the State Of California, bN and between State of California, through its duly elected or appointed, ❑ dnalified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY hereafter called the State, and CONTRACT NUMBER AM. NO Executive Officer (State Coastal Conservancy 87-054 hereaper called the Contractor. CONTRACTOR'S I.D. NUMBER City of San Rafael N11TNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials, as follows: (S(I forth ,ertire to !x, rendered by Contractor, amount to be paid Contractor, time for performance or conipletion, and atlach plans and specifications, if any.) SCOPE OF AGREEMENT Pursuant to Chapter 9 of Division 21 of the Public Resources Code, the State Coastal Conservancy (hereinafter the "Conservancy") hereby grants to City of San Rafael (hereinafter the "Grantee") a sum not to exceed sixty five thousand three hundred ninety five dollars ($65,395.00), subject to the terms and conditions of this Agreement. These funds shall be used by Grantee to complete the following described project (the "Project"): Shoreline bike/pedestrian pathway, at Piombo Place, between Point San Quentin and the San Rafael Canal. The Grantee shall carry out the Project in accordance with this Agreement and the Work Program to be approved by the Executive Officer of the Conservancy (hereinafter the "Executive Officer") pursuant to this Agreement. (continued on next page) CONTINUED ON _ SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed b� the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR OF OTHER THAN AN INDIVIDUAL STATE WHETHER A CORPORATION. PARTNERSHIP, ETC.) State Coat al Conservanry BY (AUTHORIZED SIGNATURE) X PRINTED NAME OF PERSON SIGNING Pptpr Prinniall TITLE 17variitivo nffirar AMOUNT ENCUMBERED PROGRAM/CATEGORY (CODE AND TITLEI S 65 395.00 + Capital Outlay UNENCUMBERED BALANCE I (OPTIONAL USE) Citv of San Rafael BY (AUTHORIZED SIGNATURE) X PRINTED NAME AND TITLE OF PERSON SIGNING Pamela J. Nicolai . Cit -y ManarJar ADDRESS 1400 Fifth Avenue, San Rafa 1 CA--9-4-9-LS FUND TITLE SCC 1984 Fund Department of General Services Use Only S I City Pond Path ADJ. INCREASING ENCUMBRANCE ITEM CHAPTER I STATUTEFISCAL YEAR 5 I 3760-301-730(3) 1135 11987 87/88 ADJ DECREASING ENCUMBRANCE( OBJECT OF EXPENDITURE (CODE AND TITLE; S Access fie wily I crlifil II Iloll Illy (111 n personal knoicledgr that budgetedfunds are I T.B.A. NO. I B.R. NO. arailablc for th( period and purpose of file expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER DATE X 1 h( ri by (erfif y that all conditions for exemption set forth in State Adnlinistrafive Manual Section 1211.9 harx, beell romplied kith and Ibis document is crempt from review by the Department of Finance SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY I DATE li� I certify that this grant is exempt from Department of General Services approval. City of San Rafael Contract No. 87-054 Page Two CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT The Grantee shall not commence construction of the Project and the Conservancy shall not be obligated to disburse any funds under this Agreement unless and until the following conditions precedent have been met: (1) A Resolution has been adopted by the City Council of the Grantee authorizing the execution of and approving terms and conditions of this Agreement. (2) The Executive Officer has approved in writing: (a) the Work Program for the Project; (b) the plans for the erection of signs and placards as described in the "SIGNS" section of this Agreement; (c) the qualifications of all sub -contractors that the Grantee intends to employ to construct the Project or any separable component of it, and written evidence has been provided to the Conservancy that each such subcontractor has complied with the bonding requirements described in the "BONDING" section of this Agreement. (3) Written evidence has been provided to the Conservancy: (a) that all permits and approvals necessary to the completion of the Project under applicable local, State and Federal laws and regulations have been obtained; (b) that Grantee has provided for liability insurance and an additional insured endorsement as described in the "LIABILITY" section of this Agreement. (c) that Grantee has provided for fire and other loss insurance as described in the "LOSS INSURANCE" section of this Agreement. (4) The Grantee has either: (a) contracted with the Marin Conservation Corps to provide the labor for the elements funded by the Conservancy grant, except for the AC paving, in which case the amount of this grant shall be reduced to reflect the savings in labor costs realized, or (b) agreed to apply for a grant from the Marin Community Foundation to fund other portions of the project. City of San Rafael Contract No. 87-054 Page Three CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT. (continued) Notwithstanding the above, Grantee may commence preparation of plans, specifications and engineering work upon meeting conditions precedent No. 1, and upon the Executive Officer's review and approval of a separate work program (tasks, budget and timeline) and a statement of the qualifications of any subcontractors who will be retained to perform said work. TERM OF AGREEMENT This Agreement shall be deemed executed and effective upon receipt in the offices of the Conservancy of the Agreement which has been signed on the first page in original ink by an authorized representative of the Grantee, and which is accompanied by the Resolution described in the "CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT" section of this Agreement. The term of this Agreement shall run from the effective date of this Agreement as described herein and shall continue through October 30, 2008 (the "Termination Date") unless otherwise terminated or amended as provided herein. AUTHORIZATION The signature of the Executive Officer of the Conservancy on this Agreement certifies that at its January 21, 1988 meeting, the Conservancy adopted a Resolution authorizing the disbursement of funds for the Project as described in Project Synopsis I, attached hereto as Exhibit A. This Agreement is executed pursuant to that authorization. City of San Rafael Contract No. 87-054 Page Four Standard Provisions WORK PROGRAM Prior to commencement of construction, the Grantee shall submit to the Executive Officer for review and written approval as to its consistency with the terms of this Agreement, a detailed Work Program including (1) construction plans and specifications which have been certified by a registered architect or engineer, or approved by the Grantee's Public Works Director; (2) a Schedule of Completion for the Project specifically listing the completion date for each separable Project component and a Final Project Completion Date; and (3) a detailed Project Budget. The Project Budget shall describe all labor and materials costs to be incurred to complete the relevant component of the Project, and shall also contain a listing of all intended funding sources to complete the relevant component, including the Conservancy's grant and all other sources of monies, materials, or labor. The Grantee also shall review and explain the plans on site with staff of the Conservancy. Where all or a portion of the construction to be funded under this Agreement will be performed by third parties under contract with the Grantee, prior to initiating any request for contractor bids, the Grantee shall submit for review and written approval of the Executive Officer the bid package including construction plans and specifications which have been certified or approved as described above. Upon approval by the Executive Officer, the Grantee shall proceed with the bidding process. The Grantee shall thereafter comply with the above paragraph regarding submission and approval of a Work Program prior to construction. The Work Program shall have the same force and effect as if included in the text of this Agreement but may be modified without amendment of this Agreement upon submission of a modified Work Program and written approval thereof by the Executive Officer. In the event of inconsistency between the language of this Agreement and of the Work Program, the language of this Agreement shall be controlling. The Grantee shall construct the Project in accordance with the approved Work Program. BONDING In the event that the Grantee intends to use any sub -contractors) other than the California Conservation Corps to complete the construction of any portion of the Project to be funded under this Agreement, construction shall not commence until such sub-contractor(s) City of San Rafael Contract No. 87-054 Page Five BONDING (continued) has furnished a performance bond in favor of the Conservancy and the Grantee, in the following amounts: for faithful performance, one hundred percent (100%) of the contract value; and for labor and materials, one hundred percent (100%) of the contract value. This requirement shall not apply to any subcontract for less than $20,000. SIGNS In addition to the other Project components described herein, the Grantee shall erect signs visible from the nearest public roadway directing the public to the Project. In addition, the Grantee shall put up placards acknowledging Conservancy assistance, unless Grantee incorporates this acknowledgement into other signage in a manner approved by the Executive Officer. Such placards shall be provided by the Conservancy to the Grantee for this purpose. Plans describing the number, design, placement, and wording of such signs and placards shall be submitted to the Conservancy for review and written approval prior to construction of the Project. Final reimbursement may be withheld by the Conservancy pending placement of the signs and placards in the manner approved by the Conservancy. COSTS AND DISBURSENENTS Upon determination by the Conservancy that all "CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT" have been fully met, the Conservancy agrees to disburse to the Grantee, in accordance with the approved Project Budget, a total amount not to exceed the amount of this grant as follows: Disbursements shall be made on the basis of costs incurred to date, less ten percent (10%), upon satisfactory progress in accordance with the approved Work Program and upon submission of a "Request for Disbursement" form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. Disbursement of the ten percent (10%) so withheld shall be made upon satisfactory completion of construction of the Project and compliance with the "Project Completion" section of this Agreement. The Grantee shall request disbursements by filing with the Conservancy fully executed "Request for Disbursement" forms (available from the Conservancy) which contain the name and address of the Grantee, the number of this Agreement, the date of the submittal, the amount of the City of San Rafael Contract No. 87-054 Page Six COST AND DISBURSEMENTS (continued) invoice, the period during which the work was actually done, an itemized description of all work done for which disbursement is requested, and the signature of an official authorized by the Grantee to sign such invoices. Additionally, each form shall be accompanied by any supporting invoices or other source documents from sub -contractors hired by the Grantee to complete any portion of the Project funded under this Agreement, and shall be accompanied by written substantiation of completion of the portion of the Project for which disbursement is requested. Failure to fully execute and submit a Request for Disbursement form, including attachment of supporting documents, will relieve the Conservancy of its obligation to disburse funds to the Grantee unless and until all deficiencies in the form are rectified. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS The Grantee shall expend funds in the manner described in the approved Project Budget. The allocation of the Conservancy's total grant among various items contained in such Budget may vary by as much as ten percent (10%) without approval by the Executive Officer. Any difference in the allocation among budget items of over ten percent must be approved in writing by the Executive Officer. The Conservancy may withhold payment for changes in particular budget items which exceed the amount allocated in the Project Budget by more than ten percent and which have not received the approval required above. The total amount of this grant may not be increased except by amendment to this Agreement, and any increase in the funding for any particular budget item shall mean a decrease in the funding for one or more other budget items unless there is a written amendment to this Agreement. PROJECT COMPLETION Within ninety (90) days of completion of construction of the Project, the Grantee shall supply the Conservancy with evidence of such completion by submitting a final report which includes: (1) an inspection report by a registered architect or engineer or the Grantee's Public Works Director certifying completion of the Project according to the approved Work Program; (2) a fully executed final "Request for Disbursement" form; and (3) "as built" drawings of the completed Project. City of San Rafael Contract No. 87-054 Page Seven EARLY TERMINATION AND FAILURE TO PERFORM Prior to the completion of construction of the Project, either party may terminate this Agreement for any reason by providing the other party with seven (7) days notice in writing. In the event of termination by the Conservancy, prior to the completion of construction, the Grantee agrees to take all reasonable measures to prevent further costs to the Conservancy under this Agreement, and the Conservancy shall be responsible for any reasonable and non -cancellable obligation incurred by the Grantee in the performance of this Agreement until the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement. In the event that the Grantee fails to complete the Project in accordance with this Agreement, or fails to fulfill any other obligations of this Agreement prior to the Termination Date, the Grantee shall be liable for immediate repayment to the Conservancy of all amounts disbursed by the Conservancy under this Agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. This paragraph shall not be deemed to limit any other remedies the Conservancy may have for breach of this Agreement. OPERATION AND MAINTENANCE The Grantee agrees to maintain the facilities and structures constructed as part of the Project and to operate these facilities and structures consistent with the purposes for which the Conservancy's grant was made throughout the term of this Agreement. The Grantee agrees to assume all operations and maintenance costs of these facilities and structures and the Conservancy shall not be liable for any cost of such maintenance, management, or operation. The Grantee may be excused from its obligations for operation and maintenance during the term of this Agreement only upon the written approval of the Executive Officer. For purposes of this Agreement, "operations costs" include direct costs incurred for material and labor needed for operations utilities, insurance, and expenses necessary to produce gross revenues. "Maintenance costs" include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. City of San Rafael Contract No. 87-054 Page Eight INSPECTION Throughout the term of this Agreement, the Conservancy shall have the right to inspect the Project area to ascertain compliance with the provisions of this Agreement. LIABILITY The Grantee shall be responsible for, indemnify and save harmless the Conservancy, its officers, agents and employees from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to this Agreement, except for active negligence of the Conservancy, its officers, agents or employees. The duty of the Grantee to indemnify and save harmless includes the duties to defend as set forth in Civil Code Section 2778. This agreement supercedes Grantee's right as a public entity to indemnity (see Gov. Code Section 895.2) and contribution (see Gov. Code Section 895.6) as set forth in Gov. Code Section 895.4. The Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. Throughout the term of this Agreement, Grantee shall provide and maintain public liability and property damage insurance for liability assumed by the Grantee under this Agreement with minimum limits of liability as follows: A single limit for Bodily Injury and Property Damage liability combined of $1,000,000 each occurrence and $1,000,0000 in the aggregate. Such insurance shall be issued by a company or companies admitted to transact business in the State of California. The liability insurance policy shall contain an endorsement specifying that: (a) The State of California, its officers, agents and employees are included as additional insureds for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement; (b) The policy will not be cancelled or reduced in coverage without thirty (30) days' prior written notice to the Conservancy; and City of San Rafael Contract No. 87-054 Page Nine LIABILITY (continued) (c) The Conservancy is not responsible for premiums and assessments on the insurance policy. Nothing in this Agreement is intended to create in the public or any member thereof rights as a third party beneficiary hereunder. LOSS INSURANCE Throughout the term of this Agreement, Grantee shall provide and maintain insurance against fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to this Agreement. Such insurance shall be issued by a company or companies admitted to transact business in the State of California. The insurance policy shall contain an endorsement specifying that: (a) The policy will not be cancelled or reduced in coverage without thirty (30) days' prior written notice to the Conservancy; and (b) The Conservancy is not responsible for premiums and assessments on the insurance policy. AUDITS/ACCOUNTING/RECORDS The Grantee shall maintain satisfactory financial accounts, documents, and records relating to the construction of and the revenues derived from the Project. The accounts, documents, and records relating to construction of the Project shall be retained by the Grantee for three years following the date of final disbursement by the Conservancy under this Agreement, and the accounts documents and records relating to revenues derived from the Project shall be retained by the Grantee for three years following the date of final repayment or after the Termination Date, whichever is earlier, and shall be subject to examination and audit by the Auditor General during this period. The Grantee may use any accounting system which follows the guidelines of "Generally Accepted Accounting Practices" published by the American Institute of Certified Public Accountants. City of San Rafael Contract No. 87-054 Page Ten NONDISCRIMINATION During the performance of this Agreement, the Grantee and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, physical condition, marital status, age or sex. The Grantee and its subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et sea.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et sea.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12900 et sea., set forth in Chapter 5 of Division 4 of title 2 of the California Administrative Code, are incorporated into this contract by reference and made a part hereof as if set forth in full. The Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This nondiscrimination clause shall be included in all subcontracts entered into by the Grantee to perform work provided for under this Agreement. INDEPENDENT CAPACITY The Grantee, and the agents and employees of Grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. ASSIGNMENT Without the written consent of the State, this Agreement is not assignable by Grantee either in whole or in part. TIMELINESS Time is of the essence in this Agreement. City of San Rafael Contract No. 87-054 Page Eleven AMENDMENT Except as expressly provided herein, no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. This Agreement is deemed to be entered into in the County of Alameda. STATE COASTAL CONSERVANCY Project Synopsis I January 21, 1988 SHORELINE PARK, MARSH -POND ACCESS AREA APPLICANT: City of San Rafael PROJECT SUMMARY: Shoreline bike/pedestrian pathway between Point San Quen- tin and the San Rafael Canal. FUNDING REQUESTED: $241,725 FUNDING RECOMMENDED: STAFF DISCUSSION: Project Description - $65,395 The project would provide a levee -top bicycle/pedestrian pathway between the bay and a water reclamation pond owned by the City. The City proposed several project components, including a pathway, wetland enhancement, an observation deck, and replacement of a wooden pier. Proposed enhancement of the wetland wildlife habitat value of the pond is required by a mitigation plan, which was a permit condition resulting from Bay fill in a previous project, and funding is not recommended for this portion of the grant application. Two other elements of the proposal are also not recommended for funding at this time: 1) an observation deck overlooking the Bay, and 2) replacing a wooden pier into the pond which then could be used by the public. The proposed path would connect with an existing pathway to the south of the project site, and eventually hook up to the existing "Pickleweed Park" to the north. The project site is nominally "open" at this time, but the narrow foot- path is hazardous at worst, and uninviting at best. The entire stretch of Bay shoreline between Point San Quentin and the San Rafael Canal was designated by BCDC as being an "exceptional shoreline site", and an attractive, safe pathway at the project location would open up access to the area for use by many groups, including people with disabili- ties. Staff recommends that other components of the proposal be eliminated, as they are either required by permit conditions (habitat enhancement), or would adversely impact wildlife using this very small pond (observation pier with railing). The observation platform overlooking the Bay, while a nice feature, is not needed to open access along the Bay's edge, A111 and might better be left to another year's funding, given the gap between proposals and available funding this year. CONFORMANCE TO THE SELECTION CRITERIA: Priority Group: 1 Creates new access/fills in gap in shoreline trail. Rank: 5 (tie) 1. Serves Greater than Local Need: The project site is located in a developing area near the junction of Highways 101 and I-580. Its proximity to Pickleweed Park to the north, and the plans for future access improvements along the entire shoreline band, should encourage use by local and regional groups of visitors. County residents and visitors jog, bicycle, walk, fish, wind surf and bird watch along the currently developed portions of the shoreline band. 2. San Francisco Bay Plan/Local Jurisdction plan consis- tency: The project is consistent with the Bay Plan, and a condition of an earlier BCDC permit to the applicant re- quires that the project area be kept open to the public, although it did not require that access improvements be constructed. 3. Consistency with Conservancy Access Standards: The proposed project design and construction are consistent with Conservancy Access standards, specifically standards 1, 2, and 10. By eliminating the access onto the pier which serves the overflow valve, the project would be consistent with standard 5, as well. 4. Increased Access: The project is located near a newly completed street end cul-de-sac, which will provide parking. There are many light industrial/office complex buildings nearby with a growing number of workers who could make use of the proposed pathway during the week. A safe, inviting pathway along the Bay shoreline should increase use of the area by many people on the week -ends, especially birders, as well. 5. Matching Funds: No matching funds are secured. The applicant believes that some other funds could be made available if the Conservancy grant is approved. 6. CEQA Compliance: A Negative Declaration of Environ- mental Impacts has been prepared for this project (Initial Study attached), finding that the proposed project will have no significant effect on the environment. Staff concurs with this finding. 7. Urgency: The site is currently unsafe for use by the public. The surrounding inland area is being rapidly deve- loped, and this is creating a need for more public access A112 along the shoreline. These two factors add to the need for quickly building the proposed pathway. 8. Innovation and Design Excellence: The proposed pathway is not particularly innovative. The parts of the proposal not recommended for funding were directed toward providing an innovative mixture of public access and habitat enhance- ment, but the small size of the pond makes the pier element not only unnecessary, but overly intrusive. 9. Cost -Effectiveness: A reduced scope for the project increases the cost-effectiveness of the proposed project. Given the anticipated expanded use of the site once the trail is completed, this is well within the range of expense for projects of this type. Staff recommends that the appli- cant apply for a Marin Community Foundation grant, and contract with the Marin Conservation Corps to further reduce costs. 10. Operation and Maintenance: The applicant, through its City Parks Department, will operate and maintain the access improvements. PROJECT BUDGET: Preliminary cost estimate: Earthwork $36,750 AC pavement 7,500 Landscaping 73,300 Deck and Pier 55,000 Bollards, Fencing, etc. 27.200 199,780 Engineering, Design and Inspections: 21,975 Contingency 20.000 TOTAL $241,725 Proposed Grant Award: $65,395 (earthwork, AC pavement, benches, bollards, gate, fence, 10% engineering & design) SCHEDULE: Final design/permits: 5/88 Bid award: 6/88 Construction begins: 7/88 Construction completed: 10/88 CONCLUSION: The bicycle/pedestrian pathway portion of the proposed project will add a link in the shoreline trail, and the City Pond can provide an unique experience for visitors to the area. Staff recommends funding the pathway. The habitat enhancement work is the subject of a previous permit condition, and therefore not eligible for funding under the Conservancy's stated policy. The pier jutting into the pond raises questions of unwarranted intrusion into the very habitat proposed for enhancement. The observation deck is expensive and does not provide the basic access of the pathway, and could therefore be deferred. Al 13 SPECIAL GRANT AWARD CONDITIONS: "1. The applicant either: (a) shall contract with the Marin Conservation Corps to provide the labor for the ele- ments funded by the Conservancy grant, except for the AC paving, in which case the amount of this grant shall be reduced to reflect the savings in labor costs realized, or (b) shall agree to apply for a grant from the Marin Community Foundation to fund other por- tions of the project." 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