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12-023 Funding Agreement, Santa Clara Valley Water District, Trail and Open Space Grant Program, Stevens Creek Corridor Phase 2, Project 9134
OFFICE OF THE DIRECTOR OF PUBLIC WORKS CITY HALL 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 C U P E RT I N O TELEPHONE: (408) 7-117-3354• FAX: (408) 777-3333 DATE: August 23, 2013 TO: Distribution FROM: Gail Seeds RE: Stevens Creek Corridor Phase 2,Project 9134— SCVWD Cooperative Agreement Amendment For your records, attached is a copy of enacted. Agreement No. A3670S between the City and Santa Clara Valley Water District relating to the Stevens Creek Corridor Park and Restoration Phase 2 project. Distribution: City Clerk, Finance/D. Woo/J. Chang File 92,069.02/9134.10- SCVWI) Agreement Santo Clara Valley 1 5750 ••Jose, Water District August 14, 2013 Gail Seeds City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Subject: Cooperative Agreement By and Between the City of Cupertino and the Santa Clara Valley Water District for the Stevens Creek Corridor Park and Restoration Project Phase 2 Dear Gail Seeds, Agreement No. A3670S was approved by the Santa Clara Valley Water District on May 7, 2013. One original agreement was retained by your agency. Enclosed is the enacted copy, please reference any future correspondence with this Agreement No. A3670S. If you have any questions, please contact Project:Manager, Scott Akin at(408) 630-2060 or sakin(a-)valleywater.org. Sincerely, Roderick Jeffer Supervising Program Administrator Consultant Contract Services Enc.:Agreement A3670S cc: S. Akin G. Canha, Accounting File#BT 3581 Our mission is to orovide Silicon Valley sane, clean eater for a healthy Me, environment, and economy- SCVWD ENACTED COPY Contract Administration Unit AGMT: FILE: BT 3S91 COOPERATIVE AGREEMENT BY AND BETWEEN THE CITY OF CUPERTINO AND THE SANTA CLARA VALLEY WATER DISTRICT Stevens Creek Corridor Park and Restoration Project Phase 2 This AGREEMENT (AGRL-MENT) is made and entered into as of the date it is fully executed, by and between the CITY of Cupertino (CITY), a California municipal corporation and the Santa Clara Valley Water DISTRICT (DISTRICT), a California Special District, also referred to as PARTY or collectively as PARTIES, for the redevelopment of Blackberry Farm Park and restoration of a portion of Stevens Creek Project Phase 2. RECITALS WHEREAS, CITY and DISTRICT entered into a Partnership and Collaborative Action Plan Agreement on July 23, 2004 to develop a master plan for the re-development of Blackberry Farm Park and Stevens Creek. The property location subject to the prior Agreement of the Parties and this Agreement is located in Cupertino and extends along Stevens Creek between Stevens Creek Boulevard and McClellan Ranch Road and is called the Stevens Creek Corridor SCC) as shown in Attachment B, Project Location Map, attached hereto and incorporated herein by this reference; and WHEREAS,the master plan and CEQA document for the SCC were adopted on June 20, 2006 by CITY as Lead Agency for the SCC Project; and WHEREAS, DISTRICT and CITY in active partnership and through collaborative action implemented a successful first phase project (SCC Phase 1) which included removal of fish passage barriers, creek restoration and riparian plantings, and creation of freshwater wetland areas next to the Creek in the SCC; and WHEREAS, CITY has identified a second phasE) project, SCC Phase 2 (Project) for construction which includes further creek restoration and riparian plantings, improvement to fish passage and the creation of a freshwater wetland area next to the Creek in the SCC at different locations than implemented in SCC Phase 1; and WHEREAS, a CEQA document for the SCC Phase 2 Project was adopted on September 20, 2011 by CITY as Lead Agency for the SCC Phase 2 Project; and WHEREAS, DISTRICT's existing voter-approved Clean Safe Creek and Natural Flood Protection Program (CSC Program), includes objectives to create additional riparian habitat; and WHEREAS, CITY has received grant funding from outside sources in support of the SCC Phase 2 Project, including from the DISTRICT's Clean Safe Creeks enhancement program; and WHEREAS, it is in the mutual best interests of both CITY and DISTRICT to pursue the purposes of the SCC Project which will redevelop Blackberry Farm and a portion of Stevens Creek resulting in protection of the riparian corridor and natural resources within their jurisdictions; and SCVWD/City of Cupertino Cooperative Agreement Blackberry Farm Park and Stevens Creek Restoration Project,Phase 2 April 2013 Page 1 of 8 DISTRICT and CITY desire to jointly engage in the implementation of the SCC Phase 2 Project to implement further creek restoration and riparian plantings, improve its fish passages and the creation of freshwater wetland areas next to the Creek in the SCC at different locations than implemented in SCC Phase 1. THEREFORE, for the consideration and upon the terms and conditions hereinafter specified, it is agreed as follows: A. PROJECT DESCRIPTION AND MUTUAL OBJECTIVES 1.Background The overall SCC Project, Phases 1 and 2, unites the CITY and District-owned parkland and open space along Stevens Creek between Stevens Creek Boulevard and McClellan Ranch Road into a park corridor linked by the Creek and.a new trail. The corridor parklands are intended to have an environmental emphasis with an extension of the Stevens Creek Trail running the entire length of the park, a restored Creek channel with improved fish passage and steelhead rearing habitat, freshwater wetlands, and a 9-hole golf course. The master planning process covered the entire Project area and resulted in an overall corridor plan with CEQA review by the CITY in 20. 06. After completion of the SCC Phase 1 Project, the plan for the SCC Phase 2 Project, located north of the CITY's Blackberry Farm Park was updated and refined and was addressed in new CEQA documents adopted in September 2011 by CITY as Lead Agency. This AGREEMENT states the terms for sharing responsibility for fish relocation for the SCC Phase 2 Project, a task which is necessary in order to implement the Creek restoration actions to be delivered by the SCC Phase 2 Project. 2.Mutual Objectives CITY and DISTRICT have agreed to mutual objectives for the SCC Phase 2 Project: a.Maximize ecosystem processes that are sustainable and self-maintaining in order to minimize invasive species management and reduce non-native vegetation over time; b.Preserve and restore the natural environment of the SCC for park users and as a habitat for wildlife; C.Protect and restore riparian and aquatic habitat along the SCC; d.Provide for members of the community to enjoy the property in the SCC year-round and serve more residents; e.Minimize the effects of park operations on surrounding residents and on the SCC; f.Provide a trail or trails compatible with the natural setting that will accommodate a variety of trail users; SCVWD/City of Cupertino Cooperative Agreement Blackberry Farm Park and Stevens Creek Restoration Project,Phase 2 April 2013 Page 2 of 8 f g.Encourage educational uses of the SCC and support environmental programming at the CITY's McClellan Ranch Park; and h.Remove fish passage barriers and improve the habitat for steelhead trout. 3.Project Manager CITY is solely responsible for the implementation and construction of the Stevens Creek Corridor Phase 2 Project. District has no responsibility for implementation or construction of the SCC Phase 2 Project other than as set forth herein. CITY is solely responsible for retaining and overseeing all consultants and contractors to perform services relating to implementation of the SCC Phase 2 Project. 4. California Environmental Quality Act (CEQA) Document CITY has acted as the Lead Agency and project proponent as described byCEQA. A Mitigated Negative Declaration for the SCC Phase 2 Project was prepared and adopted by the CITY on September 20, 2011. 5.District Staff Support to CITY a.Fish Relocation. DISTRICT will provide biological assistance with fish relocation during SCC Phase 2 Project construction as described in Attachment A, Dewatering and Fish Relocation Operation (the Services"), attached hereto and incorporated herein by this reference. DISTRICT and CITY will conduct the relocation effort in a manner consistent with procedures identified in the Project permits and authorizations issued to CITY, and with applicable regulations and requirements. b.Additional support. DISTRICT may provide additional limited staff support, as determined by DISTRICT, for coordination with CITY, including attending project team meetings, attending public meetings, reviewing documents and reviewing construction progress of project elements covered by this Agreement. 6.Payments In consideration of DISTRICT's performance of the Services described in Exhibit A, CITY will pay District twenty thousand dollars ($20,000) within 30 days of completion of the Services and after receipt of invoice from DISTRICT. 7.Other Costs Other than as described in Section 6, Payments, all staff costs, overhead and other similar expenses will be borne by the CITY or DISTRICT, whichever incurs such costs. SCVWD/City of Cupertino Cooperative Agreement Blackberry Farm Park and Stevens Creek Restoration Project,Phase 2 April 2013 Page 3 of 8 B. GENERAL PROVISIONS 1. Term of the Agreement The term of this Agreement will commence upon full execution and continue until all work on the Project is complete, or for a duration of three years from the effective date, whichever occurs sooner or unless amended in writing prior to its expiration. 2. Assignability Both CITY and DISTRICT agree that each PARTY'S responsibilities as detailed herein have been determined in their mutual best interest toward accomplishing Project completion. Without the written consent of the other, neither CITY nor DISTRICT will assign or transfer any interest in this AGREEMENT or any of the obligations hereunder except to contractors or consultants working directly for them. Any unauthorized attempt by CITY or DISTRICT to assign or transfer will be void and of no effect. 3.Indemnification 3.1 In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata but, instead, DISTRICT and CITYagreethat, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810,8) occurring by reason of the negligent acts or'omissions or willful misconduct of the indemnifying party, its officers, employees, or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such party under this AGREEMENT. No party, nor any officer, board member, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other party hereto, its officers, board members, employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other party under this AGREEMENT. 3.2 DISTRICT and CITY will require all consultants and contractors performing any portion of the Project to secure and maintain in full force and effect at all times during Project execution and until Project completion, bodily injury insurance, property damage insurance and contractual liability worker compensation and auto coverage in forms and limits of liability acceptable to both DISTRICT and CITY, naming DISTRICT and CITY and their respective officers, employees, and agents as additional insured from and against all damages and claims, loss of SCVWD/City of Cupertino Cooperative Agreement Blackberry Farm Park and Stevens Creek Restoration Project,Phase 2 April 2013 Page 4 of 8 ri liability, cost or expense arising out of or in any way connected with the Project. 3.3 The rights, duties, and obligations of the PARTIES as set forth above in this Section 3 of this AGREEMENT will survive termination and expiration of this AGREEMENT. 4. Termination a.Either CITY or DISTRICT has the right to terminate this Agreement, without cause, by giving rot less than a three-month written notice of termination to the other PARTY. b.Once the Services commence, this AGREEMENT may be terminated only upon written mutual Consent and terms acceptable to both PARTIES. C.If either CITY or DISTRICT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the other PARTY may terminate this Agreement immediately upon written notice. d.The City Manager of CITY and the Chief Executive Officer of DISTRICT are empowered to terminate this Agreement on behalf of their respective agencies. e.In event of termination, CITY and DISTRICT will deliver to the other PARTY, upon request, copies of reports, documents, and other work performed by either PARTY under this Agreement. The cost of work performed under this Agreement to the date of termination will be due and payable in proportion to the amount of work completed and in accordance with Provision 11.6 (Payments). 5. Governing Law and Compliance with Laws CITY and DISTRICT agree that California law will govern this AGREEMENT. In the performance of this AGREEMENT, CITY and DISTRICT will comply with all applicable laws, ordinances, codE s and regulations of the federal, state, and local governments. 6.Ownership of Materials a.All reports, documents, or other materials developed or discovered by either CITY or DISTRICT or any other person engaged directly or indirectly by them to perform the Services required hereunder will be and remain the mutual property of both PARTIES without restriction or limitation upon their use. CITY and DISTRICT will make available to the other PARTY such other records under its control as may be reasonably required for the PARTIES to perform under this AGREEMENT. SCVWD/City of Cupertino Cooperative Agreement Blackberry Farm Park and Stevens Creek Restoration Project,Phase 2 April 2013 Page 5 of 8 b.CITY and DISTRICT will maintain all documents and records produced under this AGREEMENT for a minimum period of three years, of or any longer period required by law, from the date of termination or completion of this AGREEMENT. 7.Notification Any and all notices or other communications required to be given hereunder will be deemed to have been delivered upon deposit in the United States mail, postage prepaid, addressed as specified below or as later amended in writing: CITY DISTRICT CITY of Cupertino Santa Clara Valley Water DISTRICT 10300 Torre Avenue 5750 Almaden Expressway Cupertino, CA 95014 San Jose, CA 95118-3614 Attn.: City Manager Attn.: Chief Operating Officer, Watershed Division 8.Successors and Assigns This AGREEMENT, and all the terms, covenants, and conditions hereof, will apply to and bind the successors and assigns of the CITY and DISTRICT. 9.Signing by Counterpart This AGREEMENT may be signed in counterpart and each signed document will constitute the whole as if a single document was signed by both PARTIES. 10. Venue In the event that suit is brought by either CITY or DISTRICT, each agrees that venue will be exclusively vested in the state courts of either the County of Santa Clara, or in the United States Court, Northern DISTRICT of California, in San Jose, California. 11. Disputes a.This AGREEMENT requires that CITY and DISTRICT work together in good faith to achieve the intent of this AGREEMENT. In the event that a dispute arises as to the proper interpretation of the respective obligations and responsibilities of the parties under this AGREEMENT, or as to any other aspect of this AGREEMENT,CITY and DISTRICT agree that they each will assign the appropriate individuals to meet and make good faith efforts to negotiate in order to arrive at a resolution of the dispute. b.If after employing this informal resolution process either CITY or DISTRICT may request an independent, mutually agreed upon mediator to facilitate further negotiation with the costs shared equally between SCVWD/City of Cupertino Cooperative Agreement Blackberry Farm Park and Stevens Creek Restoration Project,Phase 2 April 2013 Page 6 of 8 each PARTY. However, nothing herein will prevent either CITY or DISTRICT from exercising any rights it may have to enforce the terms of this AGREEMENT at law or in equity. 12. Waiver The CITY and DISTRICT agree that waiver by either PARTY of any breach or violation of anyterm or condition of this Agreement will not be deemed to a i4er 6f-hy other term of condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by a PARTY of the performance of any work or services by the other PARTY will not be deemed to be a waiver of any term or condition of this Agreement. 13. Amendments This AGREEMENT may be amended in writing, upon mutual agreement of the City Manager of CITY and the Chief Executive Officer of the DISTRICT. 14. Nondiscrimination The Santa Clara Valley Water District is an equal opportunity employer and requires its contractors to have and adhere to a policy of equal opportunity and non-discrimination. In the performance of the Contract, the Contractor will complywithallapplicablefederal, state, local laws and regulations, and will not discriminate against any subcontractor, employee, or applicant foremployment, in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff rates of pay, or other forms of compensation, or against any other person, on the basis of race, color, religion, ancestry, gender, national origin, age (over 40), marital status, medical condition including cancer), pregnancy, parental status, the exercise of family care leave rights, political affiliation, sexual orientation, gender identity, special disabled veteran status, Vietnam Era veteran and all other Veteran status, or because of a physical or mental disability (including HIV and AIDS). The Contractor's policy must conform with applicable state and federal guidelines including the FederalEqualOpportunityClause, —Section 60-1.4 of Title 41, Part 60 of the Code of Federal Regulations, 11 Title VII of the Civil Rights Act of 1964 as amended; the American's With Disabilities Act of 1990; the Rehabilitation Act of 1973 Sections 503 and 504); California Fair Employment and Housing ActGovernmentCodeSection12900et. Seq.); California Labor Code Sections 1101 and 1102. SCVWD/City of Cupertino Cooperative Agreement Blackberry Farm Park and Stevens Creek Restoration Project,Phase 2 April 2013 Page 7 of 8 CITY OF CUPERTINO DISTRICT i By: By: avid Brandt ghief ldie City Manager ecutive Officer Date MaV Date ATTEST: City Clerk APPROVED AS TO FORM 4 VCityAttorney REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) SCVWD/City of Cupertino Cooperative Agreement Blackberry Farm Park and Stevens Creek Restoration Project,Phase 2 April 2013 Page 8 of 8 ATTACHMENT A Dewatering and Fish Relocation Operation I. INTRODUCTION This Attachment A sets forth the plan for dewatering and fish relocation from approximately 800 lineal feet (LF) of Stevens Creek located along Blackberry Farm Golf Course in the City of Cupertino. This dryback is proposed in conjunction with the Stevens Creek Corridor Park and Restoration, Phase 2 Project for which permits have been requested by CITY from the U.S. Army Corps of Engineers. The United States National Oceanic and Atmospheric Agency (NOAA) Fisheries has requested details on the methodologies to be used in dewatering, rewatering, and relocating fish from the dryback zone in conjunction with the preparation of a Biological Opinion for the Central California Coast Distinct Population Segment (DPS) Steelhead (Oncorhynchus mykiss), a species protected under the U.S. Endangered Species Act of 1973, as amended 16 USC 1531 et seq.). Work will be performed to comply with applicable regulatory requirements. The Stevens Creek Corridor Park & Restoration, Phase 2 Project (SCC Phase 2 Project or Project) will'extend the Stevens Creek Trail from Blackberry Farm Park to Stevens Creek Boulevard and implement a discrE:tionary stream and upland restoration project along the Blackberry Farm Golf Course and the former"Stocklmeir" property. These actions will carry the trail across the creek on a clear span pedestrian/bicycle bridge and extend it approximately '/ mile to connect with bicycle lanes and bus stops on Stevens Creek Boulevard. The SCC Phase 2 Project will restore approximately 660 feet of rivedne habitat and approximately 1'/< acres of cottonwood-sycamore riparian and oak woodland forest, along approximately '/< mile of the 60 acmes of publicly-owned land in the creek corridor. The Project includes the demolition and removal of concrete and riprap lining on the east creek bank, relocation of a sanitary sewer main to allow for the widening of the channel along its east side to create an inset floodplain bench, installation of several pool and riffle sequences interspersed by paired boulder steps and approximately 40 woody debris structures as fish habitat, creation of a 90 foot backwater off the west bank, placement of a vegetated log cribwall to protect downstream property, an optional (bid alternate.) creek bank layback on the west bank and the installation of approximately 2,000 locally collected and contract grown riparian and oak woodland plants representing more than 60 native species. II.DISTRICT-PROVIDED SERVICES A. Principal Biologist—DISTRICT will provide biological assistance and additional qualified consulting biologists if needed to implement the fish relocation actions described in this Agreement. SCVWD/City of Cupertino Cooperative Agreement Blackberry Farm Park and Stevens Creek Restoration Project, Phase 2 April 2013 Page 1 of 8 B. Estimated Schedule—The current estimated schedule provides for the DISTRICT Principal Biologist to provide biological team training to DISTRICT, CITY and construction contractor's staff during the last week in May 2013. Dewatering and fish relocation is planned to take place approximately within theJune24-29, 2013 timeframe, or as otherwise coordinated with CITY'S construction contractor executing the Project. Fish relocation will occur throughout the day to expedite the construction schedule. A limited fish relocation effort will be undertaken a few days in advance for the construction of the cofferdams. Rewatering of the channel is scheduled to occur no later than October 31, consistent with the expected environmental regulatory permits. C. Biological Team Training—DISTRICT staff shall conduct a biological team training for DISTRICT and CITY staff at a mutually agreeable time, on or aroundlateMay2013. The purpose of this training is to familiarize DISTRICT,.CITY andconstructioncontractor's staff with the site and the capture protocols, drive routes to release sites, finalize the Project schedule and make any other necessaryadjustmenttothefishrelocationoperation. The training is anticipated to occur approximately two to four weeks in advance of the fish relocation effort in order toprovideampleleadtimeforneartermadjustmentstotheconditionsclosetothe time of Project initiation. The training will ensure all team members are aware of the procedures for this fish relocation effort including equipment, drop off locations,transportation routes, etc. III. OVERVIEW OF DEWATERING OPERATIONS AND FISH RELOCATION EFFORTS The dewatering operation will be coordinated with the CITY'S Project construction contractor. The contractor will install the upstream fish screen will which remain in place throughout construction and then turn,the site over to the fish relocation team.The fishrelocationoperationwill.occur in two phases. The primary,phase will commence with the installation of a temporary downstream block net by the fish relocation team. The primary phase will include systematicaliy electrofishing segments of the live creek channel and relocating captured fish to nine predetermined release sites. Securing and relocating the majority of the fish from the live channel in phase one will minimize thepotentialformortalityduringtheactualdewateringofthechannel. The fish relocation team has 14 calendar days to electrofish and relocate native species before transferring the stream to the contractor to construct the cofferdams. Uponcompletionofthecofferdams, full dewatering will commence and the fish relocation team will begin phase two of the relocation working in conjunction with the contractor to rescue any fish that remain in the channel. The contractor is required to supply water_ tothesitethroughoutphasetwoofthedewateringshouldthefishrelocationteam encounter any field conditions that make work progress more slowly than anticipatedandputanyresourcesatunnecessaryrisk. The coordination with the contractor is detailed in Appendix A-Temporary Creek Diversion Specifications, attached hereto and incorporated herein by this reference. Details of the sequencing and communication chain will also be re-verified during pre-construction meetings with the construction contractor. SCVWD/City of Cupertino Cooperative Agreement Blackberry Farm Park and Stevens Creek Restoration Project,Phase 2 April 2013 Page 2 of 8 . A. Dewatering and Rewatering—CITY'S contractor will be responsible for dewatering and rewatering approximately 800 LF of Stevens Creek. The contractor must submit a dewatering and rewatering plan to the CITY for approval. These plans must meet the DISTRICT'S Stream Maintenance Program Best Management Practices (BMPs) that have been identified in CITY's Project Contract Specifications Section 015736 Temporary Creek Diversion. In addition, the specifications require that the dewatering and rewatering plans meet all permit conditions. B. Fish Relocation Planning 1.Staging—Continuous access is available all along the dryback reach in Blackberry Farm Golf Course and the former"Stocklmeir" property for fish capture. Drop-off staging areas are located at points where vehicle access is available through DISTRICT owned property and easement areas. Relocation sites have been selected on the basis of proximity and access to the dryback zone and safe access and operation of equipment. Overland transport on foot has been minimized for this effort to affect more rapid and secure release of fish. 2.Staffing—This fish relocation effort will include one to two electrofishing crews to expedite this work effort and make the site available to the contractor as soon as possible. The contractor has a very limited construction window. Each crew will include 1 electrofishing operator, 2 netters, 1 live car handler, 2 bucket handlers and 1 recorder. Bucket handlers and recorders will also serve as the fish release team. 3.Collection and Transport Methods—The methods included in this fish relocation plan have been selected to maximize efficiency of collection effort while minimizing handling and transport time/stress. Electrofishing will be used to capture the fish for relocation. Local transport of fish may be implemented by various methods including: a.Net transfer will be used by the stream team to move fish from the channel to live cars in the stream and by transfer from the live cars to buckets. b.Live cars will be used for short term holding in-stream while collection is active. c.Buckets will be used for transfer of fish from the collection team to the live wells at the transport truck and from live wells to stream at drop-off points. 4.Capture Zones—The approximate 800 LF dryback zone will be divided into segments using block nets for electrofishing: The segmenting of the channel will take into consideration habitat quality evaluating areas where larger numbers of fish are anticipated, natural or man-made features SCVWD/City of Cupertino Cooperative Agreement Blackberry Farm Park and Stevens Creek Restoration Project, Phase 2 April 2013 Page 3 of 8 which would provide good locations for erecting block nets, ability of crew to effectively fish the distance in a half day and other factors.Pre-construction work will include trimming back and removing the overgrown understory vegetation along the project channel prior to electrofishing to ensure clear and efficient access. Each segment will be initially fished as a reach isolated by nets until the surface stream flowbreaks. The concrete-lined segment will be fished first since it is expected to dewater most rapidly. The segments will initially be fished from downstream to upstream then progressing to remaining pools in the segments as the stream breaks continuous surface flow and remaining pools become more fully accessible. 5.Relocation Sites—Specimens rescued will be transported upstream and downstream, and if possible, estimates during processing will be made to distribute fish equally among drop-off sites. The drop-off areas are all accessible to the general fish population in the stream. By default,fish will not be moved over substantial barriers or long distances upstream to avoid problems with disease transmission to unaffected populations. Steelhead smolts and adults captured during this fish relocation effort will be moved downstream to flow that runs continuously to San Francisco Bay. 6.Drop-off Positions—Seven relocation options have been identified for young of year, 1+/2+,steelhead, resident rainbow trout and other native fishes._These sites are all located within the "Cold Water Management Zone" or within the two miles downstream of this zone and are wet throughout the summer.The two miles downstream of the existing"Cold Water Management Zone" are identified as possible expansion of the Cold Water Management Zone. These sites offer excellent access to afford a swift release of relocated fish. Final selection of release sites will be dependent upon_quantity of fish captured and the water releases from Stevens Creek dam that are collaboratively discussed and determined each year with DFG and NMFS. Releases are dependent upon each year's rainfall and reservoir capacity. If releases are reduced the year of the fish relocation the two sites located the farthest downstream may not be used as release sites due to the potential for summer dryback. Temperature and dissolved oxygen (DO) will be measured at each relocation site prior to release to ensure that minimum conductions are met. These proposed release sites are listed below and can be viewed in Appendix C—Fish Relocation Sites Maps, attached hereto and incorporated herein. a.McClellan Ranch Park b.Stevens Creek County Park—Parking Lot C.Upstream of Blackberry Farm Golf Course—Restored Phase 1 Project SCVWD/City of Cupertino Cooperative Agreement Blackberry Farm Park and Stevens Creek Restoration Project,Phase 2 April 2013 Page 4 of 8 d. - -Stevens Creek Boulevard e.Homestead Road f.Upstream of Fremont Boulevard at Morton` g.Fremont Boulevard* Optional downstream positions depending on reservoir operations and reduced summer season releases by Cold Pool Management in dry year conditions. These sites will only be used if the summer flow will have a high likelihood of extending substantially through the reach. (Summer Reservoir Operations discussion pending with NMFS and California Department of Fish &Wildlife (DFW.) Two downstream relocation options have been identified for smolts and adult steelhead. These sites typically have permanent flow that extends to SF Bay per accretive groundwater conditions. These sites are listed below and can be viewed in Appendix C - Fish Relocation Site Maps. a.Moffett Boulevard b.L'Avenida 7.Coast Ecologically Significant Unit (ESU) Steelhead (Oncorhynchus mykiss). However, other native species will also be rescued based upon the following prioritization scheme: a.Endangered species b.Threatened species C.Species of special concern d.Salmonids not under the above categories (i.e. resident rainbow trout) e.Native fishes not under the above categories Prior surveys leading up to this project have not detected other sensitive aquatic organisms such as California Red-legged Frog. We do not anticipate encountering this species. 8.Resource Agency Contact—The DISTRICT's principal biologist assisting in this transaction, as agreed between the PARTIES, will contact NOAA Fisheries 48 hours prior to the pre-sampling and to the fish relocation efforts. H. Fish Relocation Operation 1.Set Up—Upon arrival at the site, a review of operation sequence and logistics will be disCUSSE3d. Final field assignments will be designated and equipment deployed. Prior to commencement of operations, review of safety and operation Mthods will be conducted. Elements may include: site access considerations; local hazards; environmental considerations; media and public safety; equipment operation; risks associated with collection methods. SCVWD/City of Cupertino Cooperative Agreement Blackberry Farm Park and Stevens Creek Restoration Project, Phase 2 April 2013 Page 5 of 8 2.Live Well Operation—Live well operation will commence first at site deployment to set and stabilize tank conditions. Live wells will be of clean plastic coolers >=100 qt. volume. a. Clear ambient stream water will be used to fill live wells. b. Temperature and oxygen levels will be monitored in live wells during loading and transport: C. Temperature of live wells will be reduced and managed at 5–10_F below ambient water to lessen the stress in fish but at the same time avoiding thermal shock. d. Live well aeration system will be started prior to placing fish to ensure that sufficient oxygen is present during the adjustment period. The aeration rate and number of fish in a live well will be managed such that the dissolved oxygen concentration in live wells will be greater than 6ppm but less than saturation. Each salvage team will have at least two recirculating live wells per transport vehicle and a third will be held in reserve for smolts and adults. Fish will be segregated to the appropriate livewell as they are delivered from the,Stream. Salmonids will be transported separately from other fish to reduce stress and handling time. To reduce stress in-salmonids, at times, a 0.8-0.9 ppt sea salt solution (never,exceeding 1.0 pot), may be used in live well operation to relax the osmotic stress and better manage the temporary crowded conditions. This treatment will also help manage fish fungal and bacterial agents. This will be administered and managed by trained Biologists. 3.Electrofishing Operation—Electrofishing will be used to capture the fish for relocation. Electrofishing will be performed following the "Guidelines for Electrofishing Waters Containing Salmonids Listed Under the Endangered Species Act, June 2000" prepared by the National Marine Fisheries Service under the Endangered Species Act (See Appendix D, attached hereto and incorporated herein by this reference). The Smith-Root Model LR-24 backpack electro fish units will be employed. Electrofishing equipment unit settings will be adjusted to the conductivity and temperature of the water to minimize possible fish injury. Adjustments will be made in step-wise increments as needed to ensure taxis is achieved but complete tetany is avoided. Recovery time will be monitored to ensure power settings are not over energizing the taxis response. Settings used will be recorded and any incidental electrofishing mortalities will be recorded. If electrofishing mortalities for salmonids begin to exceed 5% of the total capture, electrofishing activities will cease. Electrofishing will cease if water temperatures exceed 18° C. Fish other than salmonids (i.e. Sacramento suckers), that are mortalities from SCVWD/City of Cupertino Cooperative Agreement Blackberry Farm Park and Stevens Creek Restoration Project,Phase 2 April 2013 Page 6 of 8 f electrofishing activities will be noted as an indicator of possible injury or mortality rate to salmonids and other fish. 4.Site Layout and Progression—Block nets will be installed to segment the stream reach. Existing hydraulic breaks will be used as end points with no stream sub-reach longer than -400 ft. as estimated from the mapping layout (See Appendix C%- Fish Relocation Site Maps, attached hereto and incorporated herein by this reference). Multiple passes will be made in each segment to clear that reach subdivision of fishes before the next reach is accomplished. The Project reach will be isolated by block nets and screening. As a sub-reach is cleared, the interior upstream net will be left in place to become the downstream block net of the next section cleared. Leapfrogging the sections and nets will keep cleared sections from being reinoculated as work progresses. Separate electrofishing salvage crews will be operating at least two sections apart to minimize turbidity transfer downstream that might hamper the downstream team efficiency. 5.General Collection Guidelines—Collection of fishes will be conducted in a manner to minimize handling time and stress, yet maintain the safety of the ground personnel. a.Multiple buckets and/or live cars will be used to reduce crowding during collection and transfer. b.Pre-sorting fish will be conducted on an as-possible basis as they are captured for transport to a live well. C.Buckets that hold salmonids until subsequent release into the live wells for transport will be equipped with portable aerators. 6. Transport a.Transport of fish will be conducted to minimize holding time and alternately sequenced in tandem with ongoing collection activities. b.Transportation of relocated fish will be by qualified personnel only. Qualified biologists will accompany and supervise transport and drop-off actions. C.Normal live-well operations will be continued during transport. d.Mobile communications will be carried in transport vehicles. 7.Records and Data a.Documentation of fish relocation efforts will be undertaken at the time of operations using standardized forms. SCVWD/City of Cupertino Cooperative Agreement Blackberry Farm Park and Stevens Creek Restoration Project, Phase 2 April 2013 Page 7 of 8 b.Fish will be inventoried and other pertinent specimen data recorded if circumstances allow. If conditions preclude detailed inventory, a list of the species present and an estimation of their abundance should be documented along with their disposition i.e., released, mortality (+reason), sacrificed, salvaged). C.Information on ambient site conditions, including photo- documentation at collection and release sites will be gathered. d.Information on collection and handling methods and transport conditions will be recorded. e.Transport and release conditions will be recorded including transport time, temperature and dissolved oxygen in the live well and at the release site,estimates of numbers of fishes released at a site and observations on the behavior of the fish immediately post-release. f. Post-Operation Steps 1) Reporting—A report on the fish salvage results will be prepared. The report will include content on: a) Site conditions, including photos at collection and release sites b) Collection and handling methods C) Transport methods and conditions d) List of species present e) Quantity or estimate of abundance of species, and disposition (released, sacrificed, salvaged, mortality if applicable and reason) f)Inventory data if conditions allowed g) Steelhead data/information to be compiled by each creek segment or day of fish salvage, and totaled for the operation h) Quantity or estimate of steelhead released at each release site APPENDICES Appendix A—Temporary Creek Diversion Specifications Appendix B—Electrofishing Segments Indicated on Temporary Creek Diversion Plan Appendix C—Fish Relocation Site Maps Appendix D—Guidelines for Electrofishing Waters Containing Salmonids Listed Under the Endangered Species Act, June 2000 SCVWD/City of Cupertino Cooperative Agreement Blackberry Farm Park and Stevens Creek Restoration Project,Phase 2 April 2013 Page 8 of 8 Appendix A CITY OF CUPERTINO BID SETSTEVENSCREEKCORRIDORPARK&RESTORATION PHASE II DATE: 03.21.2013 SECTION 015736—TEMPORARY CREEK DIVERSION PART1 -GENERAL 1.01 SECTION INCLUDES A. The work of this section consists of providing all necessary labor, tools, equipment, and incidentals to divert creek flow as needed to complete the work described in the Technical Specifications and shown on the Drawings. The Contractor shall be responsible for implementing the creek diversion work shown on the Drawings, including, but not limited to fish screens, cofferdams, pumps, piping, temperature and turbidity control and temperature measurements as needed over the duration of the project. B. The diversion systems shall be furnished and installed, maintained, and later removed as shown on the Drawings, as specified herein, and as directed by the Engineer. C. The work of this section shall comply with all environmental and permitting requirements' as referenced herein, elsewhere in the Technical Specifications, and on the Drawings. D. Definitions: 1. "Diverted Water" shall mean waiver pumped from the creek upstream of the required cofferdam as necessary to comply with permits and allow the work shown on the drawings and described in the Technical Specifications to be completed. 2. "Sump Water" shall mean water that is collected and pumped from low points within the limit of grading for creek wor!c. Collection, handling, and disposal of sump water is not included in this Section, see Section 31 23 19-Dewatering. 1.02 RELATED SECTIONS A. Related Work Specified Elsewhere: As applicable, related work specified elsewhere may include, but is not limited to,the following: 1. DOCUMENT 00700—GENERAL CONDITIONS 2. SECTION 01 35 45—ENVIRONMENTAL COORDINATION 3. SECTION 31 23 19—DEWATERING 1.03 REFERENCES A. American Society for Testing and Materials (ASTM): 1. ASTM D3786 Standard Test Method for Bursting Strength of Textile Fabrics B. The Contractor shall be responsible for assuring that all required regulatory agency permits have been approved by the respective agencies. The Contractor shall be responsible for understanding and complying with all permit requirements, including, but not limited to the permits referenced herein. 1. United States Army Corps of Engineers (USACE).Permit and conditions noted in the accompanying NOAA National Marine Fisheries Service"Biological Opinion." SECTION 015736—TEMPORARY CREEK DIVERSION Page 1 A CITY OF CUPERTINO BID SET STEVENS CREEK CORRIDOR PARK l;< RESTORATION PHASE II DATE: 03.21.2013 2. California Department of Fish and Wildlife (CDFW), Streambed Alteration Agreement 3. Regional Water Quality Control Board (RWQCB),401 Water Quality Certification 4. Santa Clara Valley Water District Permit 1.04 SUBMITTALS A. General: Submit under the provisions of Document 00700, General Conditions, Submittals. B. The Contractor shall submit a Creek Dewatering Plan that clearly describes the schedule, sequencing, methods, and equipment for the installation, operation, and removal of allcreekdiversionsystems.. The Creek.Dewatering Plan shall include, but not be limited to, the following detailed information: 1. Coordination of the work with biological screening and fish relocation requirements and activities. The Dewatering Plan schedule shall provide details confirming that installation of the coffer dams will not commence until biological screening and fishrelocationhasbeencompletedspecificallyforthecofferdamlocationsasdescribed below. Creek diversion equipment shall be scheduled for efficient installation and to provide controlled flow diversion as directed during fish relocation of the creekchannelbetweenthecofferdams, for fish relocation to be performed by City and District-supplied biologists as described below. 2. All proposed equipment that will be used including screens, pumps, manufacturer and capacity, power source, piping size and material, pipe layout, couplings, valves,dissipators and other incidental materials subject to the requirements specified herein. Calculations shall be provided demonstrating that the proposed system will convey the flows specified herein. 3. Measures that will be taken to comply with all water-quality related permit conditions that may apply, including, but not limited to temperature and turbidity controls definedhereinandintheregulatoryagencypermits. Submit pipe insulation method/water temperature control method and turbidity control method. Permit conditions are expected to require that temperature rise in the flow diversion system cannot exceed 1.5 degrees Celsius and that monitoring occur. Compliance with such conditions and associated monitoring is the sole responsibility of the Contractor. 4. Energy dissipator/water muzzle features to be used at outfall. 5. Coffer dam locations and coffer dam construction methods if proposed to be different from the Drawings. 6. Pipe crossing methods and locations that will allow for on-site circulation of vehicles and equipment. 7. Measures that will be taken to comply with City requirements related to noisereductionandcontrolduringinstallation, operation, and removal of the diversion systems. 8. Contingency -measures to be activated in the event of rainfall or any other unanticipated flow release in the creek watershed. SECTION 015736—TEMPORARY CREEK DIVERSION Page 2 CITY OF CUPERTINO BID SET STEVENS CREEK CORRIDOR PARK& RESTORATION PHASE II DATE: 03.21.2013 9. Measures to ensure that the diversion system is secure from tampering or vandalism to avoid disruptions to construction activities and potential impacts fish and wildlife within the watershed. 10. Means and methods for coordinating with the Santa Clara Valley Water District to manage releases from Stevens Creek Reservoir during operation of the temporary creek diversion. 11. A Rewatering Plan detailing methods and sequencing of work for rewatering of the creek and removal of the diversion systems once all other work within the channel has been completed. Rewatering Plan shall include measures to minimize downstream sediment transport and prevent scour of the channel. 12. Creek Dewatering and Rewatering Plans shall comply with Santa Clara Valley Water District (District) best management practices (District BMPs) as noted in environmental clearance documents for this project. District BMPs include but are not limited to the practices noted below. a. B1-2, Salvage Native Aquatic Vertebrates from Dewatered Channels b. B1-3, Conduct In-Channel Work During the Dry Season c. 131-7, Minimize Stream Access Impacts d. B1-8, Remove Temporary Fills as Appropriate e. HM-12, Hazardous Materials Management f. HM-13, Spill Prevention g. HM-14, Spill Kit Location h. WQ-1, Conduct Work From Top of Bank i. WQ-2, Use of Wheel and Track Mounted Vehicles in Stream Bottoms j. WQ-3, Pump/Generator Set Operations and Maintenance k. WQ-4, Handle Sediments to Minimize Water Quality Impacts I. WQ-5, Soil Stockpiles m. WQ-6, Stabilized Construction Entrance n. WQ-10, Concrete Use Near Waterways o. WQ-12, Dewater/Bypass Water at Non-Tidal Sites p. WQ-15, Groundwater Management q. WQ-16, Avoid Erosion When Restoring Flows r. WQ-18, Erosion and Sediment Control Measures s. WQ-21 & 22, Sedimeniffurbidity Control for Discharges Less Than/Greater Than 50 NTU t. WQ-27, Discharge Surface Protection—Armoring u. WQ-28, Discharge Surface Protection—Flow Diversion District has adopted subsequent BMPs associated with its current 2012-2022 Stream Maintenance Program that shall apply to this work. See Appendix for BMPs for the District's Stream Maintenance Program dated 2012. Where District has adopted current BMPs that are provide higher protection to watershed resources, the current BMPs shall be adhered to. C. No work related to creek diversion shall be allowed without prior acceptance of the Dewatering Plan by the City. SECTION 015736—TEMPORARY CREEK DIVERSION Page 3 CITY OF CUPERTINO BID SET STEVENS CREEK CORRIDOR PARK 8,RESTORATION PHASE 11 DATE: 03.21.2013 PART 2 - PRODUCTS 2.01 PUMP A. The pump (or pumps) and pumping apparatus used for the temporary creek diversion shall be of the submersible type with sufficient capacity to pump 2,500 gallons/minute GPM) at all times. Contractor shall also supply additional equivalent backup pump(s) on site fully capable of operating the diversion system. It shall be the Contractor's responsibility to provide power to operate the creek diversion systems, including the pumping equipment, as needed to assure that the diversion operates 24 hours per day, every day, from the time work within the banks of the creek commences to finalcompletionofthatwork. The Contractor shall provide back-up power as needed to assure 24 hour diversion operation. All equipment, including any generators used for primary or back-up power supply, shall be operated in compliance with all City noise reduction requirements. Contractor shall protect the pump equipment from vandalism and tampering. 2.02 GRAVELBAGS A. Gravelbag fabric for use in constructing the cofferdams shall be woven polypropylene,polyethylene, or polyimide with a minimum unit weight of 0.25lb/sq.yd. The fabric shall have a mullen burst strength of at least 300 psi, per ASTM Designation: D3786 and an ultraviolet(UV) ability exceeding 70 percent. B. Gravelbag fill material shall be non-cohesive gravel,.free from deleterious material, silt, clay or fines, and meet the conditions of all project permits. 2.03 IMPERMEABLE PLASTIC SHEETING A. Impermeable plastic sheeting shall be suitable for use as protective liner and shall be commercial quality polyethylene with a minimum thickness of 0.25 mm. All plastic sheeting shall be free of cracks, cleavages, or other defects adversely affecting the waterproof characteristics of the material. 2.04 PIPES AND FITTINGS A. Pipes, couplings, valves, and other fittings shall be of the size needed to effectively convey the maximum diversion flow of 2,500 GPM. The material shall be selected for flexibility and durability to allow for the occasional relocation of the diversion piping duringconstructionactivities. Provide a gate valve or equivalent feature immediately downstream of the pump to permit flow regulation and proper pump function, or as otherwise accepted by City in the approved Dewatering Plan. Provide two valves approximately 17" diameteratthebaseofboththeupstreamcofferdamandthedownstreamcofferdamtoallowflow control of the live creek through the dewatering zone during dewatering and rewatering procedures,or as otherwise accepted in the approved Dewatering Plan. 2.05 FISH SCREEN A. Fish screen material for the Fish Screen Dam shall be woven wire mesh with a maximum opening not to exceed 3/32 inches, measured diagonally, and total area not less than 50 square feet. Fish screen shall be cleaned regularly to avoid excessive ponding above the cofferdam and maintain adequate downstream diversion flows to support the fishery below the work area. SECTION 015736—TEMPORARY CREEK DIVERSION Page 4 CITY OF CUPERTINO BID SET STEVENS CREEK CORRIDOR PARK & RESTORATION PHASE II DATE: 03.21.2013 PART 3 - EXECUTION 3.01 SITE EXAMINATION A. Contractor shall visit the worksite and become aware of any and all existing conditions that may affect installation, operation, and removal of the temporary creek diversion systems. 3.02 ENVIRONMENTAL COORDINATION A. The Contractor shall comply with all regulatory agency permit requirements and the provisions included'in Documents 00800 and 00820, Section 01 35 45 Environmental Coordination,and elsewhere. B. Creek diversion work within the banks of the creek shall not commence until the Contractor has been notified by the City that all biological screening has been completed and fish relocation activities have progressed to a point that allows for controlled diversion to begin. 3.03 INSTALLATION OF DIVERSION SYSTEM A. The cofferdams and temporary creek diversion shall be installed as a first order of work prior to any construction activities within the banks of the creek. B. Installation, operation, and removal of the temporary creek diversion shall be restricted to the period between June 15 and October 15, or the most stringent of the regulatory permit requirements. C. The temporary creek diversion shall include a fish screen dam and cofferdam at the upstream end of the work and a cofferdam and energy dissipator at the downstream end of the work as shown on the Drawings. The fish screen dam shall be constructed using screen material conforming to the specifications herein and shall provide a complete barrier to fish passage at all times the creek diversion system is operating. Cofferdams shall be constructed using gravelbags and plastic sheeting, or equivalent non-sedimenting materials, and shall have a minimum top elevation per the Drawings. Alternative cofferdam construction materials and methods may be used only with prior approval by the Engineer. Contractor shall ensure that flow through, under, and around the structures is minimized to the maximum extent practicable. D. The location of the fish screen dam and cofferdams shown on the Drawings are as needed for the bid alternate grading work at the downstream end. If the bid alternate grading work is not included in the contract, the downstream coffer dam may be moved south as acceptable to the City and so accepted in writing. Contractor shall be responsible for confirming the extent of the creek work with the City and shall adjust the locations of the upstream and downstream limits of diversion, including fish screen dam and cofferdams, as needed to accommodate that work and as directed by the City. The Contractor shall note that the extent of work at the downstream limit may require installation of diversion system components off City-owned property. Work off City property shall be restricted to within the banks of the creek unless otherwise approved by the City. SE=CTION 015736—TEMPORARY CREEK DIVERSION Page 5 CITY OF CUPERTINO BID SET STEVENS CREEK CORRIDOR PARK& RESTORATION PHASE II DATE: 03.21.2013 E. Contractor is required to coordinate with the Engineer to ensure that biological screening and fish relocation is successfully executed at the dam locations prior to beginning installation of the fish screen dam and cofferdams. Such biological screening and fish relocation shall commence no earlier than June 15. Coffer and fish screen dam construction, and installation of the in-channel pump equipment and the energy dissipator/water muzzle, may only begin after those locations are successfully de-fished. F. Contractor shall install the complete and operable flow diversion system including in- channel elements as early as feasible. Elements that are not in the creek channel, such as most of the diversion piping, may be installed prior to June 15 after acceptance of the Dewatering Plan. Contractor shall be prepared to complete the flow diversion system, and test its operation, during the third week of June. Contractor shall coordinate with the Engineer to arrange review of the energy dissipator/outfall protection prior to releasing water from the flow diversion system onto the outfall protection. G. Following installation of fish screen dam and coffer dams and flow diversion elements,Contractor shall allow two weeks (14 calendar days) for City and Water District (District) representatives to conduct relocation of fish from the channel section that is to be dewatered. Such work is scheduled to occur during the last week of June. H. Contractor shall coordinate actively with the Engineer and City's/District's fish relocation team during the fish relocation effort to ensure proper water level management for the health of the fish. Contractor shall be prepared to collaborate actively with the City and the fish relocation team manager to selectively operate the flow diversion system by approximately,the third day of de-fishing. Contractor shall be prepared to progressively lower the water level in the dewatering zone, and if so directed to raise the water level later in the day. Such actions may occur over the course of multiple days to facilitate the fish capture and relocation while maintaining the health of the fishery. Contractor shall coordinate final dewatering of standing pools with City and fish relocation team manager. Contractor shall pump down remaining pools using screened intakes. Water from remaining pools and any groundwater or dam seepage into the dewatering zone shall be handled'as noted in Section 31 23 19, "Dewatering", of the specifications and shall be considered as"Sump"Water. I.No work shall commence in the dewatered section of the channel until all fish and protected wildlife have been captured and relocated by the City and District biological representatives, and Contractor is provided confirmation in 'writing that in-channel work may commence. J.Diverted water shall be returned to the creek downstream of the downstream cofferdam in a manner that limits discharge velocity and the potential for erosion. The diversion piping outfall and energy dissipation provisions shall be inspected and approved by the City prior to operation of the diversion system. K. Diversion system components shall be installed and maintained during the period of creek diversion such that all water temperature control requirements of the regulatory permits are met. Diversion piping shall be insulated using dry soil cover or other means as needed to meet applicable requirements. 3.04 OPERATION OF DIVERSION SYSTEM A. Control of surface flows and operation of the flow diversion system shall be continuous during the period that construction work is occurring within the creek channel. SECTION 015736—TEMPORARY CREEK DIVERSION Page 6 CITY OF CUPERTINO BID SET STEVENS CREEK CORRIDOR PARK& RESTORATION PHASE II DATE: 03.21.2013 The City shall be notified immediately if creek flows exceed or are expected to exceed the capacity of the diversion system or if rain is forecast within the creek watershed during diversion system operation. The Contractor shall be responsible for coordinating with the Santa Clara Valley Water District to manage releases from the Stevens Creek Reservoir to avoid exceeding the diversion system capacity. Contractor shall contact the District's Water Supply Operations Unit at least weekly to verify reservo'r release flows and to ensure that diversion capacity provided in the Creek Dewatering Plan is sufficient. B. If during the progress of the work it becomes necessary to reposition or relocate portions of the temporary creek diversion system, the work shall be done at Contractor's expense and no additional compensation shall, be provided therefore. C. Contractor shall store back up pump in an accessible location near the primary pump, and test back up pump bi-weekly to ensure successful operation should it be required. D. Contractor shall provide a qualified on-call person available 24 hours per day that can respond quickly to any failure of the flow diversion system or an emergency situation. E. Any portion of the temporary creek diversion system that is damaged from any cause during the progress of the work shall be repaired or replaced by Contractor at Contractor's expense. F. Any permit extensions and/or addendums required to operate the temporary creek diversion beyond October 15 shall be procured at Contractor's expense. 3.05 REMOVAL OF DIVERSION SYSTEM A. When work within the channel banks has been completed, the creek shall be re-watered in accordance with the accepted Rewatering Plan. B. Contractor shall provide 2 weeks advance notice of the schedule for dam removal and coordinate the channel re-wetting efforts.with City and District staff. C. When rewatering is completed, the diversion system and dams shall be removed. Removal of cofferdams and diversion system and Rewatering activities must comply with permit conditions, District Best Management Practices, and applicable regulations and water quality protection requirements. D. The channel bed and creek banks within the fish screen and coffer dam areas shall be restored to original conditions. PART 4—MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The work performed under Section 01 57 36, Temporary Creek Diversion, shall be measured by the lump sum. SECTION 015736—TEMPORARY CREEK DIVERSION Page 7 CITY OF CUPERTINO BID SET STEVENS CREEK CORRIDOR PARK& RESTORATION PHASE II DATE: 03.21.2013 4.02 PAYMENT A. The contract lump sum price paid for Temporary Creek Diversion shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in temporary diversion of creek flow, complete and in place, asshownontheplans, as described in these specifications, and as directed by the Engineer. END OF SECTION 015736 SECTION 015736—TEMPORARY CREEK DIVERSION Page 8 APPENDIX B - ELECTROFISHING SEGMENTS NOTES: jI- CONTRACTORSMALLR MIT ADETAILED CENA:E.RNGPLANPERTHEPROJECTSPECFUCATICMSPRIORTOCCMAM:NG GRACNGACINITES LANDSCAPEE. 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'R.y tr. °' r 1TC1aCfU a v a THMMiKAOP Pk+ y4' r C a .ELEMENTARY rs"yrarra jq SaDWT011rt3CH00O. r $CI° r"'!"k.rYr*'t }gip RIIA rp .vt t_•` a OFFl S a t. 1.., r, a.: ktart,tacwKrtl,v;ed srlr•rt1L,Hrn - 'f fiy.,t r• .+5 OL01HU nt u uvna Cl Pj Bl!{1EyeNrtrrRengstDrf( ceHr e C3itemr*..uw.-r Ol Pad • •->r Park 190+00 y I` / a ory / Jr tqt `d .` k,,,. tietch Hetchy wwr r! r ti s TlNYELODDE Rt MUILE NOME t r*K cS*. ! a rfC. • f`. r t tl 79'®eta"' r , ? y O " J !SF4t 1.-t l`:t` ah. T' I - vf! in O 20(),{}0 jl Gr K p k A A 1.1wi0Mtt Mr,..r. ,y.,'!'IF/^ht ^$ VV P t+4 V q HO. .Q{. R Appendix D National Guidelines for Electrofishing WatersjMarine Fisheries Containing Salmonids Listed Under Service the Endangered Species Act June 2000 Purpose and Scope The purpose of this document is to provide guidelines for the safe use ofbackpack electrofishing in waters containing salmonids listed by the National Marine Fisheries Service(NMFS) under the Endangered Species Act(ESA). It is expected that these guidelines will help improve electrofishing technique in ways which will reduce fish injury and increase electrofishing efficiency. These guidelines and sampling protocol were developed from NMFS research experience and input from specialists in the electrofishing industry and fishery researchers. This document outlines electrofishing procedures and guidelines that NMFS has determined to be necessary and advisable when working in freshwater systems where threatened or endangered salmon and steelhead may be found As such,the guidelines provide a basis for reviewing proposed electrofishing activities submitted to NMFS in the context ofESA Section 10 permit applications as well as scientific research activities proposed for coverage under an ESA Section 4(d)rule. These guidelines specifically address the use ofbackpack electrofishers for sampling juvenile or adult salmon and steelhead that are not in spawning condition. Ele:ctrofishing in the vicinity of adult salmonids in spawning condition and electrofishing near redds are not discussed as there is no justifiable basis for permitting these activities except in very limited situations(e.g.,collecting brood stock,fish rescue,etc.). The guidelines also address sampling and fish handling protocols typically employed in electrofishing studies. While the guidelines contain many specifics,they are not intended to serve as an electrofishing manual and do not eliminate the need for good judgement in the field. Finally, it is important to note that researchers wishing to use electrofishing in waters containing listed salmon and steelhead are not necessarily precluded from using techniques or equipment not addressed in these guidelines(e.g.,boat electrofishers). However,prior to authorizing the take of listed salmonids under the ESA,NMFS will require substantial proofthat such techniques/equipment are clearly necessary for a particular study and that adequate safeguards will be in place to protect threatened or endangered salmonids. Additional information regarding these guidelines or other research issues dealing with salmon and steelhead listed under the ESA can be obtained from NMFS' Protected Resources Divisions in: Washington Oregon. and Idaho California Leslie Schaeffer Dan Logan NMFS NMFS 525 NE Oregon Street, Suite 500 777 Sonoma Ave.,Room 325 Portland, Oregon 97232-2737 Santa Rosa,California 95404-6515 Phone: (503) 230-5433 Phone: (707) 575-6053 FAX: (503)230-5435 FAX: (707) 578-3435 Internet Address: Leslie.Schaeffe noaa.gov Internet Address: Danlogan a noaa.gov 1 Appropriateness of Electrofishing Backpack electrofishing for salmonids has been a principal sampling technique for decades, however,recent ESA listings underscore the need to regulate the technique and assess its risks and benefits to listed species(Nielsen 1998). With over 25 Evolutionarily Significant Units(ESUs)Of threatened or endangered salmonids now identified along the U.S.West Coast,researchers can expect to encounter one or more listed species in nearly every river basin in California,Oregon,Washington,and Idaho. There are few if any non-invasive ways to collect distribution, abundance, or morpho- physiological data on salmonids in freshwater. This is reflected in the requirement that all activities that involve intentional take ofjuvenile salmonids for research or enhancement ofan ESA listed species require an ESA Section 10 permit from NMFS. While NMFS has not precluded the use of electrofishing in all cases,researchers must present rigorous study designs and methods for handling fish prior to NMFS authorizing electrofishing to take listed salmonids under the ESA. NNIFS believes there is ample evidence that electrofishing can cause serious harm to fish and the general agency position is to encourage researchers to seek out other less invasive ways to sample listed species. Direct observation by snorkeling is one ofthe least invasive ways to collect information concerning abundance and distribution, although there can be both practical(e.g.,poor viability)and statistical(e.g., large numbers offish,low observation probability)constraints to direct observation. Preliminary efforts should be directed at study designs that use less invasive methods. If such methods cannot provide the quality of data required or when the benefit exceeds potential mortality risk,then electrofishing can be considered Electrofishing used on a limited basis to calibrate direct observations(e.g.,Hankin and Reeves 1988)is commonly used and methods are currently under development that increase the use of direct observation counts(e.g.,bounded counts,"multiple snorkel passes")which,in many cases,will further reduce the need for electrofishing. Electrofishing Guidelines Training Field supervisors and crew members must have appropriate training and experience with electrofishing techniques. Training for field supervisors can be acquired from programs such as those offered from the U. S.Fish and Wildlife Service-National Conservation Training Center(Principles and Techniques of Electrofishing course)where participants are presented information concerning such topics as electric circuit and field theory, safety training,and fish injury awareness and minimization. A crew leader having at least 100 hours of electrofishing experience in the field using similar equipment must train the crew. The crew leader's experience must be documented and available for confirmation;such documentation may be in the form of a logbook. The training must occur before an inexperienced crew begins any electrofishing and should be conducted in waters that do not contain ESA-listed fish. Field crew training must include the following elements: 1. A review ofthese guidelines and the equipment manufacturer's recommendations,including basic gear maintenance. 2. Definitions of basic terminology(e.g. galvanotaxis,narcosis, and tetany)and an explanation of how electrofishing attracts fish. 3. A demonstration of the proper use of electrofishing equipment(including an explanation ofhow gear can injure fish and how to recognize signs of injury)and of the role each crew member 2 performs. 4. A demonstration of proper fish handling,anesthetization,and resuscitation techniques. 5. A field session where new individuals actually perform each role on the electrofishing crew. Research Coordination Research activities should be coordinated with fishery personnel from other agencies/parties to avoid duplication of effort,oversampling small populations,and unnecessary stress on fish. Researchers should actively seek out ways to share data on threatened and endangered species so that fish samples yield as much information as possible to the research community. NMFS believes that the state fishery agencies should play a major role in coordinating salmonid research and encourages researchers to discuss their study plans with these agencies prior to approaching NWS for an ESA permit. Initial Site Survevs and EquiRment Settings 1. In order to avoid contact with spawning adults or active redds,researchers must conduct a careful visual survey ofthe area to be sampled before beginning electrofishing. 2. Prior to the start of sampling at a new location, water temperature and conductivity measurements should be taken to evaluate electroshocker settings and adjustments. No electrofishing should occur when water temperatures are above 18°C or are expected to rise above this temperature prior to concluding the electrofishing survey. In addition, studies by NMFS scientists indicate that no electrofishing should occur in California coastal basins when conductivity is above 350 µS/cm. 3. Whenever possible, a block net should be placed below the area being sampled to capture stunned fish that may drift downstream. 4. Equipment must be in good working condition and operators should go through the manufacturer's preseason checks,adhere to all provisions,and record major maintenance work in a logbook. 5. Each electrofishing session must start with all settings(voltage,pulse width,and pulse rate)set to the minimums needed to capture fish. These settings should be gradually increased only to the point where fish are immobilized and captured,and generally not allowed to exceed conductivity-based maxima(Table 1). Only direct current(DC)or pulsed direct current(PDC)should be used. Table 1. Guidelines for initial and maximum settings i:or backpack electrofishing. Initial Maximum Notes settings settings Voltage 100 V Conductivity AS/cm) Max.Voltage In California coastal basins,settings 100 1100V should never exceed 400 volts. Also, no electrofishing should 100 - 300 800 V occur in these basins if 300 400 V conductivity is greater than 350µS/cm. Pulse width 500µs 5 ms Pulse rate 30 Hz 0 HZ In general,exceeding 40 Hz will injure more fish 3 Electro ishig Technique 1. Sampling should begin using straight DC. Remember that the power needs to remain on until the fish is netted when using straight DC. If fish capture is unsuccessful with initial low voltage,gradually increase voltage settings with straight DC. 2. If fish capture is not successful with the use of straight DC, then set the electrofisher to lower voltages with PDC. If fish capture is unsuccessful with low voltages,increase pulse width,voltage,and pulse frequency(duration,amplitude,and frequency). 4. Electrofishing should be performed in a manner that minimises harm to the fish. Stream segments should be sampled systematically,moving the anode continuously in a herringbone pattern(where feasible) through the water. Care should be taken when fishing in areas with high fish concentrations,structure e.g.,wood,undercut banks)and in shallow waters where most backpack electrofishing for juvenile salmonids occurs. Voltage gradients may be high when electrodes are in shallow water where boundary layers(water surface and substrate)tend to intensify the electrical field. 5. Do not electrofish in one location for an extended period(e.g.,undercut banks) and regularly check block nets for immobilized fish. 6. Fish should.not make contact with the anode. Remember that the zone ofpotential injury for fish is 0.5 m from the anode. 7. Electrofishing crews should be generally observant of the condition of the fish and change or terminate sampling when experiencing problems with fish recovery time,banding,injury,mortality,or other indications offish stress. 8. Netters should not allow the fish to remain in the electrical field any longer than necessary by removing stunned fish from the water immediately after netting. Sample Processing and Recordkeeping 1. Fish should be processed as soon as possible after capture to minimize stress. This may require a larger crew size. 2. All sampling procedures must have a protocol for protecting held fish. Samplers must be aware of the conditions in the containers holding fish; air pumps,water transfers,etc.,should be used as necessary to maintain safe conditions. Also,large fish should be kept separate from smaller prey-sized fish to avoid predation during containment. 3. Use of an approved anesthetic can reduce fish stress and is recommended,particularly if additional handling of fish is required(e.g.,length and weight measurements,scale samples,fin clips,.tagging). 4. Fish should be handled properly(e.g.,wetting measuring boards,not overcrowding fish in buckets,etc.). 5. Fish should be observed for general condition and injuries (e.g.,increased recovery time,dark bands, apparent spinal injuries). Each fish should be completely revived before releasing at the location of capture. A plan for achieving efficient return to appropriate habitat should be developed before each sampling session. Also,every attempt should be made to process and release ESA-listed specimens first. 8. Pertinent water quality(e.g.,conductivity and temperature) and sampling notes(e.g., shocker settings,fish condition/injuries/mortalities) should be recorded in a logbook to improve technique and help train new operators. It is important to note that records ofinjuries or mortalities pertain to the entire electrofishing survey, including thefish sample work-up. 4 Citations and Other References Dalbey, S.R.,T.E.McMahon,and W. Fredenberg. 1996. Effect of electrofishing pulse shape and electrofishing-induced spinal injury on long-term growth and survival of wild rainbow trout. North American Journal of Fisheries Management 16:560-569. Hankin, D. G.,and G. H. Reeves. 1988. Estimating total fish abundance and total habitat area in small streams based on visual estimation methods. Canadian.foumal of Fisheries and Aquatic Sciences 45:834-844. Hollender,B. A., and R. F. Carline. 1994. Injury to wild brook trout by backpack electrofishing. North American Journal of Fisheries Management 14:643-649. Nielsen,J.L. 1998. Electrofishing California's endangered fish populations. Fisheries 23:6-12. Nielsen,L.A.,and D.L. Johnson, editors. 1983. Fisheries techniques. American Fisheries Society,Bethesda, Maryland. Reynolds,J. B., and A. L.Kolz. 1988. Electrofishing injury to large rainbow trout. North American Journal of Fisheries Management 8:516-518. Sharber,N. G.,and S. W. Carothers. 1988. Influence of electrofishing pulse shape on spinal injuries in adult rainbow trout. North American Journal of Fisheries Management 8:117-122. Sharber,N. G.j S. W. Carothers,J.P. Sharber,J. D. de.Bos,Jr., and D. A. House. 1994. Reducing electrofishing-induced injury of rainbow trout. North American Journal of Fisheries Management 14:340-346. Schreck,C.B., and P.B.Moyle, editors. 1990. Methods for fish biology. American Fisheries Society, Bethesda, Maryland. 5 ATTACHMENT B Project Location Map Stevens Creek Corridor Park Phase 2 s - 'a r 85 77777 280 Stevens Creek Corridor e' r, m AlnhDl/ Park, Phase 2 a Address:te. x 22120 Stevens Creek 43r Blvd., Cupertino, CA louise 4 f B5 S p CIast) H04eadlitd I 1'r 1 ct16 o a Celeste Ci I a c_ Juniferostrrs r r j y ale I Willy Omen 6 C0 a tupertin6 T 1 I renolaDr IAaria df y F`arpo r-ttp` 0' 1 B5 nor DiC.ff A. 8 G nstens AQ Qt S#! AV P. akdeil Pl h f " nIVlS Dr m ,F b Av Silver 0 N 5 GupertinQ 22'1.2 Steffen ILBI!d G-+--r- f Scofield Dt Cal AvaHermosaAvoeAvPtfTreel.n 6 J f Woo rid a Ct rn- FI t QIi e A a Rodnpuas Av Course e lep assAv AlcazaiAkv 1V LEE -IS - R c v m d fl W a Presidio Or 6 ' 4 tr Rid0 Bd0. RAtL!a p` r HDlly-0 f G9" Rid ci alb Deep Giif yC`eekline D Y Rb Golf': Rosario Av j _ d ti SCourseu1IGCDI .bUVIA 9 Tipt el.rr leidrllsta or V ri Av t3SrevensPsll .` r lm T-E. W ill RDIrBdei rCteek4. y., inchhPT B5VAVfEQCwortyParkTerratOrL1 OFFICE OF THE DIRECTOR OF PUBLIC WORKS X51, 19s, CITY HALL 10300 TORRE AVE'1VUE• CUPERTINO, CA 95014-3255 CUPERTINO TELEPHONE: (408)777-3354• FAX: (408)777-3333 DATE: January 26, 2012 TO: Distribution FROM: Gail Seeds RE: Stevens Creek Corridor Phase 2, Project 9134—Funding agreement, Santa Clara Valley Water District, Trail and Open Space grant program For your records, attached is a copy of the executed agreement for grant funding for the Stevens Creek Corridor Park and Restoration Phase 2 project from the Santa Clara Valley Water District's Trail and Open Space grant program. qaAA Distribution: City Clerk (w/original), Finance/D. Woo, Mark Linder, T. Borden, G. Seeds, File 9134.10- SCVWD TOS grant Sonia Clara Volley Water District sm 5750 ALMADEN EXPWY SAN JOSE,CA 95118-3686 TELEPHONE(408)265-2600 RECEIVED FACSIMILE(408)266-0271 www.valleywater.org AN EQUAL OPPORTUNITY EMPLOYER JAN 11 2012 January 9, 2012 PUBLIC WORKS DEPARTMENT Gail Seeds City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Subject: Agreement No. A3534R between SC. and City of Cupertino for 2011 Trail and Open Space Grant Agreement: Stevens Creek Corridor Park and Restoration Project, Phase 2 Dear Gail Seeds, Enclosed is a fully executed copy of Agreement No. A3534R which was approved by the Santa Clara Valley Water District's Acting Chief Executive Officer, Jim Fiedler on January 4, 2012. Please retain this original for your records. If you have any questions regarding the subject agreement, please contact Project Manager, Brian Mendenhall at(408) 265-2607, ext. 3093 orgbmendenhall@valleywater.org. Sin rely, c--? 5e/A,--ac-- N Darryl Williams Procurement& Inventory Management Unit Manager Purchasing, Consultant Contracts and Warehouse Services Enc.:Agreement A3534R cc: B. Mendenhall G. Canha,Accounting BizTrak File#3479 The mission of the Santa Clara Valley Water District is a healthy, safe anc enhanced quality of living in Santa Clara County through watershed stewardship and comprehensive management of water resources in a practical,cost-effective and environmentally sensitive manner. RECEIVED SCVWD ENACTED COPY JAN 11 2012 Contract Administration Unit AGMT: A 35 34 K FILE: BT 3411 PUBLIC WORKS DEPARTMENT SANTA CLARA VALLEY WATER DISTRICT Clean, Safe Creeks and Natural Flood Protection Program TRAIL AND OPEN SPACE GRANT AGREEMENT This Agreement, entered into retroactively upon approval by the Santa Clara Valley Water District's Board of Directors authorizing funding for this Grant, on June 28, 2011, made by and between SANTA CLARA VALLEY WATER DISTRICT, a California special district, hereinafter referred to as "District" and the CITY OF CUPERTINO, a public entity, hereinafter referred to as Grantee," is to provide for the creation or restoration of tidal or riparian habitat. RECITALS: A. The Santa Clara Valley Water District's mission is to provide "a healthy, safe, and enhanced quality of living in Santa Clara County through watershed stewardship and comprehensive management of water resources in a practical, cost-effective and environmentally-sensitive manner." B. In November 2000 the voters of Santa Clara County passed Measure B establishing a special tax to fund the Clean, Safe Creeks and Natural Flood Protection Program (CSC Program). C. The special tax provides approximately $920,000 in annual revenue to fund Outcome 4, Trail and Open Space, of the CSC Program. The tax is to provide "additional access to 70 miles of trails and open spaces" over the course of the 15-year period of the program. D. Consistent with the CSC Program the District's Board established an independent oversight committee to monitor and report on the Districts progress in achieving the outcomes of the CSC Program. E. The District's Board approved the Trail and Open Space Grant Program (Trail Grant Program) in April 2009. F. Grantee, consistent with the Trail Grant Program, submitted an application for Grant funds to develop access to a trail or open space. G. On March 1, 2011, the Grantee's City Council adopted a Resolution for STEVENS CREEK CORRIDOR PARK AND RESTORATION PROJECT, PHASE 2 "Project" and authorized the application for and acceptance of District Grant funds under the Trail and Open Space Grant Program (see Appendix G, Resolution). H. On June 28, 2011, the District's Board approved the Stevens Creek Corridor Park & Restoration Project, Phase 2, allocating $285,000 in Grant funds to Grantee and authorized the District's Chief Executive Officer(CEO) to award a contract to Grantee to provide Grant funding- 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 1 of 27 Consistent with Application submitted, Grantee has secured funding from the District in the amount of$285,000 and any additional funds necessary to complete the Project will be supplied by the Grantee. The parties agree to the following terms and conditions: Section 1. Special Provisions A. Grantee will include the Stevens Creek Corridor Park & Restoration Project, Phase 2, funded by the District, with mention of the District and the Grant funding source, the CSC Program special tax of 2000 (Measure B), in at least one write-up in any newspaper, magazine, e-newsletter that the Grantee operates or provides materials to within the Project Performance Period. B. Grantee will, upon completion of the Project, make a presentation to the District's Board of Directors on the outcome of the Stevens Creek Corridor Park & Restoration Project, Phase 2, funded by the District through the Trail Grant Program. Section 2. General Provisions A. Definitions 1. Acquisition: To obtain fee title or a lesser interest in real property, including a conservation easement or development rights. 2. Agreement: This contract between the District and the Grantee specifying the payment of funds by the District for the performance of the Project Scope within the Project Performance Period by the Grantee. 3. Application: The Trail and Open Space Grant Application and accompanying attachments submitted to the District for the District's Trail Grant Program. 4. Completion: The filing of a Notice of Completion after the fulfillment of agreed upon tasks for the Project by Grantee. 5. Development: The creation; by construction of or addition to existing facilities, of new public access to trails and open spaces. It does not include rehabilitation, restoration, enhancement, preservation, and protection of existing trails. 6. Trail and Open Space Grant Program (Trail Grant Program): The District's CSC Program's Trail and Open Space Grant Program. 7. Project: The proposed Implementation Project identified by Grantee in the Trail Grant Program Application, as set forth in Appendix A, Project Description of this Agreement. 8. Project Grant Amount: The amount allocated by the District per the District's Board action authorizing Grant funds. 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 2 of 27 9. Project Performance Criteria: The criteria used to measure the progress on the Project as outlined in Appendix A, Project Description, and Appendix F, Status Report Form. 10. Project Performance Period: The Project period commencing with approval by the District's Board of Directors authorizing funding for this Trail Grant Program, on June 28, 2011, and terminating upon Project completion notification by the Grantee, and receipt by Grantee of payment in full from the District, or by December 30, 2015, whichever comes first. 11. Property: The real property described in the Appendix A, Project Description,for acquisition or development with the Project. 12. Total Project Cost: Means the full cost of the Project, including funds from all funding sources, as identified in Appendix C, Project Budget. B. Project Execution 1.District hereby Grants to Grantee, a sum of money(Grant funds) not to exceed $285,000, in consideration of, and on condition that, the sum be expended for the sole purpose of carrying out the objectives as set forth in the Project as identified in Appendix A, Project Description, consistent with the terms and conditions set forth in this Agreement. 2.Grantee assumes the obligation to furnish any additional funds to complete the Project. Any significant modification or alteration to the Project must first be submitted to the District's Trail Grant Program Administrator, as identified under Section 3, Financial Provisions, G. Miscellaneous Provisions, Item 5 of this Agreement, in writing for approval. Continued disbursement of funds is dependent on District approval of changes the District deems are significant. 3. Grantee shall complete the Project in accordance with Project Performance Criteria set forth in Appendix A, Project Description. 4.Project schedule may only be adjusted by written agreement signed by both Grantee and District. 5.Grantee shall comply with all local, state and federal applicable current laws, regulations, and ordinances, including, but not limited to, financial requirements, legal requirements for construction contracts, building codes, health and safety codes, laws and codes pertaining to individuals with disabilities, and the California Environmental Quality Act(Public Resources Code, Section 21000, et. seq., Title 14, California Code of Regulations, Section 15000 et. Seq.). 6.Grantee shall provide the District with access to all documents, Project site, and other information necessary to determine if the work is in accordance with the conditions of this Agreement for a period equivalent to required operations and maintenance of the Project under this Agreement or 25 years, whichever is greater. 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 3 of 27 7. Grantee shall provide for public access to Project facilities after completion in accordance with the intent and provisions of the CSC Program. 8. Grantee shall have (1)fee title, (2) leasehold, (3) other interest, or(4) site access in the Project lands which demonstrates to the satisfaction of the District that the proposed Project will provide public benefits. 9.Grantee must enter into a Joint Use Agreement with the District for use of any District property prior to the advancement or reimbursement of Grant funds for this Project. 10. Grantee shall complete Project by December 30, 2015. 11. Grantee shall maintain and operate the Project for a period of no less than 25 years from date the Notice of Completion is recorded, unless the Joint Use Agreement with the District is terminated sooner. With the prior written approval of the District, Grantee, or Grantee's successor in interest, may transfer the responsibility to maintain and operate the Property in accordance with this Section. 12. Grantee shall use the Property only for the purposes for which the Grant was made and shall make no other use or sale or other disposition of the Property, except as authorized by the District. Any unauthorized use of District Property shall result in loss of Grant funds associated with the Project and shall require payment of funds with interest earned. 13. Grantee shall post signs acknowledging the District's participation in the development of the Project:and the use of CSC Program Funds, should there be an implementation component. District to provide sign template(s) to Grantee for use in Project where feasible. 14. Grantee shall invite, in writing, members of the District's Board of Directors to participate in any opening, event or ribbon cutting ceremony associated with the Project:. District Board members will be given the opportunity to speak if other officials have speaking roles. C. Project Administration/Reporting Requirements 1. Grantee shall provide written semi-annual reports (on a fiscal year schedule), using the District's standard form presented in Appendix F, Status Report Form. Reports will be completed and submitted in conjunction with invoicing (Appendix D, Project Invoice) as appropriate. 2. Grantee shall provide one hard copy and one electronic version of items listed in Section 3, Financial Provisions, Item F., Project Completion. 3. All reports submitted to the District shall include the following certification page signed by an officer of the Grantee's organization: 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 4 of 27 I certify, under penalty of perjury under the laws of the State of California, that the Quarterly/Monthly Status Report and all attachments, signed on DATE), on behalf of Grantee, were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the loss of the current and future Grant Funding." 4. Semi-annual reporting will end with submittal of Project Completion Packet see Section 3, Financial Provisions, Item F., Project Completion). D. Termination of the Agreement 1. Grantee may unilaterally terminate this Agreement at any time prior to District disbursement of Trail Grant Program funds by providing 30-days written notice to District. 2. Failure by Grantee to comply with the terms of this Agreement may be cause for suspension or termination of funding by the District. Additionally, in the event of failure to complete Project, Grantee may be required to repay District for funds received, including interest earned at the District's pooled portfolio monthly interest yield corresponding to the month(s)the funds were due to the District. E. Indemnification 1. In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rate but, instead, District and Grantee agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury(as defined in Government Code 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, employees, or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such Party under this Agreement. No party, nor any officer, board member, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Party hereto, its officers, board members, employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other Party under this Agreement. 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 5 of 27 F. Nondiscrimination 1. Anti-Discrimination. The District is an equal opportunity employer and requires all parties it contracts with to have and adhere to a policy of equal opportunity and non-discrimination. In the performance of the Agreement, the District will comply with all applicable federal, state, local laws and regulations, and will not discriminate against any sub- consultant, employee, or applicant for employment, in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff rates of pay, or other forms of compensation, or against any other person, on the basis of race, color, religion, ancestry, gender, national origin, age (over 40), marital status, medical condition including cancer), pregnancy, parental status, the exercise of family care leave rights, political affiliation, sexual orientation, gender identity, special disabled veteran status, Vietnam Era veteran and all other Veteran status, or because of a physical or mental disability (including HIV and AIDS). The District's policy must conform with applicable state and federal guidelines, including the Federal Equal Opportunity Clause, Section 60-1.4 of Title 41, Part 60 of the Code of American Disabilities Act of 1990; the Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code Section 12900 et. Seq.); and California Labor Code Sections 1101 and 1102." 2. All facilities shall be open to members of the public generally during hours specified by the Grantee, except as noted under the special provisions of this Agreement or under provisions of the enabling legislation and/or Program. G. Severability 1. If any provision of this Agreement is held invalid, that invalidity shall not affect other provisions of the Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable. Section 3. Financial Provisions A. Accounting and Audit Requirements 1. Grantee must maintain an accounting system that accurately reflects fiscal transactions, with the necessary controls and safeguards. Grantee should provide clear audit trails, especially the source of original documents such as, but not limited to, receipts, progress payments, invoices, time cards, etc. AVOID AUDIT EXCEPTIONS—KEEP ACCURATE RECORDS. 2. Grantee shall keep books, records, documents, and other evidence pertaining to costs and expenses incurred pursuant to this Agreement to the extent and in such detail as will properly reflect total costs for the proposed work. Grantee shall maintain such books, records, documents, and other evidence for a minimum of three years after completion of the work herein and resolution of all claims arising there from and shall make available at 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 6 of 27 the offices of Grantee, at reasonable times, such books, records, documents, and other evidence for inspection and audit by authorized representatives of the District. 3. Grantee's detailed budget is included as Appendix C, Project Budget. 4. Grantee will be required to clear outstanding fiscal debts with the District prior to receiving Trail Grant Program funding. 5. Grantee must prove eligible for receipt of funds based on the Federal List of Parties Excluded from Federal Procurement or Non-procurement Programs. Exclusion of Grantee from this list, verified at http://www.arnet.00v/epls, demonstrates the Grantee's good status regarding suspension and debarment and eligibility for Trail Grant Program funds. 6. Post audits may be performed after Project Completion to determine whether the costs claimed sire allowable, allocable, reasonable, and in compliance with the District's Trail Grant Program Guidelines. 7. Grantee is responsible for repayment to District of any Disallowed Cost. Disallowed Costs may be identified through audits, monitoring or other sources of information that become available to the District. 8. Construction costs are deemed "reasonable" if obtained by competitive bidding. B. Eligible Costs Total Project Grant Amount shall not exceed $285,000 and will be disbursed to Grantee as described in Sections 3.D, Payment Request Process and 3.E, Invoicing below. 1. Only Project related costs incurred during the Project Performance Period, excluding costs incurred during preparation of the Grant application, specified in the contract are eligible for reimbursement. All such costs must be supported by appropriate documentation (see Appendix D, Project Invoice). 2. Personnel or Employee Services—Services of the Grantee's employees engaged in Project execution are eligible costs. These direct labor costs must be computed according to the Grantee's prevailing wage or salary scales and may include fringe benefit costs such as vacation, sick leave and social security contributions that are customarily charged to the Grantee's various projects for which the Grantee has submitted a Benefit Rate Calculation to the District. Indirect overhead is limited to 10% of Salary plus Benefits. Costs charged to the Project must be computed on actual time spent on a Project, and supported by time and attendance records describing the work performed on the Project. Overtime costs may be allowed under the Grantee's established policy; provided that the regular work time was devoted to the same Project. 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 7 of 27 3. Project costs for non-construction tasks are limited to 15% (fifteen percent) of District contribution to Total Project Cost. 4. Salaries and wages claimed for employees working on Grant funded projects must not exceed the Grantee's established rates for similar positions. 5. Consultant Services—The costs of consultant services necessary for the Project are eligible. Consultants must be paid by the customary or established method and rate of the Grantee. No consultant fee may be paid to the Grantee's own employees. 6. Construction Equipment—Equipment owned by Grantee may be charged to the Project for each use. Equipment use charges must be made in accordance with the Grantee's normal accounting practices. The equipment rental rates published by the State Department of Transportation may be used as a guide. a. If the Grantee's equipment is used, a report or source document must describe the work performed, indicate the hours used, and relate the use to the Project. b. The purchase of eq!Jipment with Trail Grant Program funds is not permissible. 7. Construction Supplies and Materials—Supplies and materials may be purchased for a specific project or may be drawn from a central stock, provided they are claimed at a cost no higher than that paid by the grant recipient. Supplies and materials purchased for the construction of a piece of equipment, a structure or a part of a structure may be charged to the Project. If charged, only that cost incurred during the Project Performance Period and attributed to the Project may be claimed. 8. Signs and Interpretive Aids—The cost of signs, display boards, or other minor interpretive aids relating to the Project are eligible. 9. Construction—The cost of all necessary construction activities, from site preparation (including demolition, excavation, grading, etc.) to the completion of a structure or facility is eligible. 10. Acquisition—Costs of acquiring real property are eligible and may include the purchase price of the property, appraisals, surveys, preliminary title reports, escrow fees, title insurance fees. 11. Relocation Costs—Relocation costs are allowable for projects that result in displacement of any person and/or business. The Grantee must comply with all federal and local laws, as well as the requirements of the State Relocation Act(Chapter 16 Government Code, Section 7260 et seq.), if applicable, even if relocation costs are not claimed for reimbursement. 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 8 of 27 12. Other Expenditures— In addition to the major categories of expenditures, reimbursements may be made for miscellaneous costs necessary for execution of the Project. Some of these costs are: a. Communications(such as telephone, letters, etc.). b. Work performed by another section or department of Grantee's agency. c. Transportation costs for moving equipment and/or personnel. C. Interest Earned From Advanced Funds 1. For projects awarded total Grant funding of more than $75,000, and Grant funds are advanced to the Grantee and a Status Report Form is not submitted within 6 months demonstrating the use of advanced funds, Grantee shall place these funds in a separate interest bearing account, setting up and identifying such account to the District prior to the advance. Interest earned on Grant funds and any Grant funds not expended shall be returned to the District within 60-days of Project Completion. D. Payment Request Process This Grant Agreement is based on a reimbursement model with options of specific advance payments noted below. 1. After the Grant Agreement has been fully executed, Grantee may request a 10% (ten percent) advance of the Project Grant Amount. 2. If Grantee has requested a 10% (ten percent) advance, this advanced Grant funding will offset actual costs as documented in Appendix D, Project Invoice and Appendix E, Payment Request Form. All advanced Grant funding will be applied to payment request reimbursements before any subsequent funding will be paid. 3. Grantee may submit multiple Payment Request Forms(Appendix E) as necessary, but not more often than monthly. 4. After Grantee completes the Project, Grantee submits the Project Completion Packet(see Section 3, Financial Provisions, Item F.) and the Payment Request Form (Appendix E)for the final payment. Remainder of page intentionally left blank) 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 9 of 27 Payment Request Process SUPPORTING DOCUMENTATION TO SEND PAYMENT TYPE WHEN TO SUBMIT IT TO TRAIL GRANT PROGRAM ADMINISTRATOR 10% (ten percent) After the Grant Agreement has been • Appendix D, Project Invoice Advance fully executed. Appendix E, Payment Request Form of the total Project Appendix F, Status Report Form Grant Amount) Payment Request After Grantee has spent initial 10% • Appendix D, Project Invoice Reimbursement ten percent) and can provide Appendix E, Payment Request Form up to 80% [eighty evidence to show significant Appendix F, Status Report percent] of the total progress toward completing Project Form Project Grant Amount) tasks. For direct expenses, copies of invoices with all attachments Grantee may submit multiple shall be submitted Payment Request Forms as For labor costs, copies of necessary, but not more often than Timesheets shall be submitted monthly. For Benefits Costs, a Benefits Rate Calculation will be submitted Final (10%ten After Grantee has completed the Project Completion Packet(see percent) Project Section 3, Financial Provisions, Item F.) Appendix D, Project Invoice Appendix E, Payment Request Form Appendix F, Status Report Form E. Invoicing 1. The Invoice and Status Report Form (Appendix D) shall accompany the Payment Request Form (Appendix E) and shall incorporate Grantee name and remittance address, a description/itemization of goods or services, dollar amount of goods or services, invoice date and number, and Agreement number. Work performed shall be determined on a per task basis as outlined in the Project Description (Appendix A) and Project Schedule (Appendix B). 2. The District shall process and issue a check to Grantee within forty-five 45) calendar days of receipt of an undisputed invoice. Final Grant payment must be processed by December 30, 2015. The District can dispute an invoice or portion of an invoice submitted by Grantee. 3. Grantees must submit invoices to the District Trail Grant Program Administrator, and will provide the Agreement number next to the Grantee's name. District Trail Grant Program Administrator will ensure that received invoices are time and date stamped, and logged into an established Project spreadsheet. 4. Grantee must obtain and submit invoices from subcontractors showing task, task budget, percentage complete, prior billing if any, current billing, and total billed. The District Trail Grant Program Administrator will complete a Receiving Record (Form FA1226A), along with copies of the 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 10 of 27 invoice and any Grantee/subcontract supporting documents when submitting invoices to District's Accounts Payable for payment. Project supporting documentation will be consistent with invoicing frequency. F. Project Completion 1. After Grantee completes the Project, Grantee shall submit the Project Completion Packet to the Trail Grant Program Administrator, which packet shall include: a. Final Payment Request Form (Appendix E). b. Final Invoice (Appendix D) and Status Report Form (Appendix F). c.Notice of Completion (Public Contract type as agreed upon by District and Grantee). 2. District conducts final on-site Project inspection (as deemed necessary). 3. District processes the final payment of funds from the Trail Grant Program for the Project. 4. Project must be fully completed (including processing final payment) by December 30, 2015, or unspent funds will revert back to the District. 5. District may perform an audit of the completed Project. 6. District shall be notified of events, opening ceremonies, or ribbon cuttings associated with Project for inclusion and representation by the District. Invitation will include a speaking role for members of the District's Board of Directors. G. Miscellaneous Provisions 1. Grantee's waiver of any term, condition, covenant, or breach of any term, condition or covenant shall not be construed as a waiver of any other term, condition, or covenant or breach by any other term, condition or covenant. 2. This Agreement contains the entire Agreement between District and Grantee relating to the Project. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 3. This Agreement shall be governed and construed in accordance with the laws of the State of California. 4. This Agreement may be executed in counterparts and will be binding as executed. 5. All changes or extensions to this Agreement must be in writing in the form of an amendment approved by both parties. 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 11 of 27 6. This Agreement is entered into only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity, or person. 7. All Appendices, A (Project Description), B (Project Schedule), C (Project Budget), D (Project Invoice), E (Payment Request Form), F (Status Report Form), G (Resolution), and H (Insurance Requirements) are hereby incorporated herein by this reference and made a part hereof, as though set forth in full. H. Agreement Term 1. The term of this Agreement retroactively commenced upon approval by the District's Board of Directors authorizing funding for this Grant, on June 28, 2011. Approval of this Agreement by both parties is necessary for any payment of Grant funds. The Agreement terminates upon Project completion notification by the Grantee and receipt by Grantee of payment in full by the District, or December 30, 2015, whichever comes first. Insurance Provisions 1. During the entire term of the Agreement, Grantee must maintain the insurance coverage described in Appendix H (Insurance Requirements). Remainder of page intentionally left blank) 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 12 of 27 NOTICES All notices and other communication required or permitted to be given under this Agreement shall be in writing and shall be personally serviced or mailed, postage prepaid and return receipt requested, addressed to the respective parties as follows: To District: Ann Draper To Grantee Assistant Operating Officer Watershed Stewardship Division Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118-3686 Contact: Brian Mendenhall Grantee Contact Project Manager Gail Seeds Stream Stewardship Unit 10300 Torre Avenue Santa Clara Valley Water District Cupertino, CA 95014 5750 Almaden Expressway San Jose, CA 95118-3686 Phone: (408) 265-2607, extension 3093 Fax: (408) 979-5627 E-mail: bmendenhaMvallevwater.orq CITY OF CUPERTINO EC' Date: k 2It /i ( By: / 'z-- Print Name: /ivv,m . rcktr, Title: *NIcc-or of Public Works APPROVED AS TO FORM: lkIZ Prin ame: Ce)^ Grantee Legal Counsel SANTA CLARA VALLEY WATER DISTRICT i Date: 1/W/2_-- By: Acole---77 au Goldie y' ief Executive Officer 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 13 of 27 APPENDIX A PROJECT DIESCRIPTION Stevens Creek Corridor Park 8, Restoration Project, Phase 2 GENERAL DESCRIPTION &PROJECT DESCRIPTION This project will construct the final segment of Stevens Creek Trail between McClellan Road and Stevens Creek Boulevard in Cupertino.The project will extend the Stevens Creek Trail from Blackberry Farm Park to Stevens Creek Boulevard,provide new connections to the bicycle lanes and bus stops on Stevens Creek Boulevard,and provide access to 5 acres of creekside property acquired by the City, opening it to public use. This project will develop a section of the multi-use Stevens Creek Trail,a recreation amenity that is one element of Stevens Creek Corridor Park and Restoration Project,Phase 2.The trail-related portion of the project will: Develop approximately 1,300 ft. of Stevens Creek Trail with connections to bicycle lanes&bus stops on Stevens Creek Boulevard Install a bicycle/pedestrian bridge across Stevens Creek to connect city-owned land west of the creek to Blackberry Farm Park and the existing trail east of the creek Reconfigure a parking lot at Blackberry Farm Golf Course to create trail access and additional parking spaces for trail users Install a new crosswalk at the intersection of Stevens Creek Boulevard and Phar Lap Drive Install trail amenities including benches,protective fencing, trash receptacles,and signage Install oak woodland plants and native understory plantings to create improved habitat LOCATION,ACCESS, SCHEDULE,AND MAINTENANCE The project address at the north terminus is 22100 Stevens Creek Boulevard, Cupertino, CA. The south terminus address is 21979 San Fernando Avenue, Cup•°rtino, CA. Both locations are city-owned property located adjacent to Stevens Creek. Public parking is available at both locations, as is pedestrian and bicycle access. The project will be in design phase through 2012, bid in early 2013, and constructed 2013 to early 2014. Operations, maintenance, and daily ranger patrols are currently provided on an adjacent completed section of the trail by City staff and contract ranger services retained by the City. The new section of trail funded by this grant is proposed to be operated and maintained in the same manner. Rangers and/or staff oversee the project site daily during operating hours. COMPLETED TASKS Contract for Collecting and Growing Native Plant Species—Executed August 2011 CEQA Environmental Clearance—Completed September 2011 Design Consultant Services:Topographic Survey—Completed Summer 2011 Design Consultant Services: Geotechnical Investigation—Completed November 2011 REMAINING TASKS: Design Construction Complete Design Development Award Construction Contract Complete Construction Documents Begin Construction Secure Permits Complete Project Construction Prepare Bid Documents 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 14 of 27 APPENDIX B PROJECT SCHEDULE Stevens Creek Corridor Park & Restoration Project, Phase 2 Project Milestones Completed: Conceptual Design —Complete Topographic Survey— Complete Native Plant List—Complete Collection and Growing of Native Plant Species— Underway CEQA Environmental Clearance —Complete Anticipated Schedule for Design & Construction: Complete Design Development April 2012 Complete Construction Documents December 2012 Secure Permits Nov. 2012 —Jan. 2013 Prepare Bid Documents January 2013 Award Construction Contract May 2013 Begin Construction May- June 2013 Complete Project Construction March 2014 Submit Final Reimbursement Request May 2014 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 15 of 27 2011 Trail and Open Space Grant District/City of Cupertino FY2011 APPENDIXC PROJECT BUDGET Page 16 of 27 n N N y `a O OINap v EiiyNN Q . 0 1--0. E3 0 0z p gyp_ N Z S 8p8 00 0 T 8 ON2 0 0 0 4' C N of U 3 O 2 w w w N n N = 0 8 0OO O 8 O I- 0 4` a. v q o a a S w w N y C QF a A N 8 0 8 8 8 8 1 g § o o o a. N CON w N N w to w 496949 N N N O O 8 8 8 8 8 0 8 8voooddo Ti ° 8 $ 8 8 °o o°o °0 00• 8 .2 a Z M VI CI N M Ol N N * r06acV U U Q 0 W N 8 w w w ... N w w N N CrQ. 8 8 8 080 0 8 8 0 0 o 8 o QQ 0 0 d 0 0 O d y 8 0 $ 250°°0 0 o O0aovivia6uioOininO mO 0 O. 7 ^ 0 M.^- V0owN 0 M N w w w ... N tow N NW M o .Q o (%' s C O CO H a d 01111011. N w w w w M w w w w w N w w w N N 4 3 . . . . .N ym K 12 w w w w w q 0 f O O O O o a m o ob aa a t9 . . M N w K w w w w w w NN w w w w w NN w w w N C C C CZ' E t d C C C C 41 S C J O O p O 2 2 Z O N Z co at N S q N C O f O 0 U1 m E O O O A w 7 7 p O7 Nd 121 t 33 UU O N UUCN7cj2Cp RIO. TS tI c m p c a o m C i m E to c0e, V J O 0 (n C 8 N a 8 2 0.gtd E .. N m E o tea cco 2 OU O ai CO a c c 88E a w °cp1" y o Z 8.off O 8E 8 y '5 2 n O O. A m O o y9 c rn c0, 2 2 2 UO mo v rTvliTA1117, 1-6. 8 8 y NEONNVLNOOaaWJa00OUUUUUQUEoNOi, APPENDIX D PROJECT INVOICE 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 18 of 27 ti N w O N N m N- a) z aye a O N N N 7 Q 'v, t U N N N V) N g i1N N N Y 3 tipEt_ li M N N U 0co N N a G W i O 0 R c U U N N N M N A N N N EE 2 o a WJ N N Nw aA. C Ce Z a .a m Qw 69 di CAK N W 6»ViN 6A6A WN W W NN 60 19 N41 N N N CO a < O Evi, t,7°, E '..E. Ea3oaaxNriWNW pp N N w N M N N a N tiv o C m m s e23n4a =& 33 o n o c$ 2 i C i. 2 E 5 8 0 0 CO..... W v S i !'i R y 0 C 7 7 a)OE. WW U Oaf n ._ t 117 o " d n ot F 9 A C Or5Ic N co 0 I"m 0 WOdc3WJc. o o N0 APPENDIX E PAYMENT REQUEST FORM GRANT: Santa Clara Valley Water District Trail and Open Space Grant Program AGREEMENT No.: GRANTEE: PROJECT TITLE: 1. TYPE OF PAYMENT:Advance Reimbursement Final 2. PAYMENT INFORMATION (Round all figures to the nearest dollar): a. Project Amount b. Funds Received to Date c. Available(a. minus b.) d. Amount of This Request e. Remaining Funds After This Payment(c. minus d.) SEND PAYMENT TO: Grantee Name Street Address City, State, Zip Code Attention 3. TYPED OR PRINTED NAME OF PERSON AUTHORIZED IN RESO_UTION:Title 4. SIGNATURE OF PERSON AUTHORIZED IN RESOLUTION: Date FORAANU CIAIWVAL,Wf VtATEIII DISTRICT USE 5. PAYMENT APPROVAL SIGNATURE: Date 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 20 of 27 PAYMENT REQUEST FORM INSTRUCTIONS The following instructions correspond to items on the Payment Request Form*: 1. Type of Payment—Check appropriate box, and submit this form: Advance—When an advance is needed, and after the Grant Agreement has been fully executed; Reimbursement—When Grantee has periodically spent funds to implement the Project, and is requesting reimbursement; or Final—When Grantee has completed the Project and is requesting the final payment. 2. Payment Information: a. Project Grant Amount—The amount of District grant funds allocated to this Project. b. Funds Received to Date—Total amount already received for this Project c. Available—(a. minus b.) d. Amount of This Payment Request—Amount that is requested e. Remaining Funds After This Payment—(c. minus d.) Send Payment to: Grantee Name, Address, and Contact Person 3. Typed or printed name of person authorized in resolution. 4. Signature of person authorized in resolution. 5. Payment approval signature and date—For District staff. Please type all entries. 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 21 of 27 APPENDIX F STATUS REPORT FORM ITEM STATUS COMMENTS Project Progress on Schedule per Appendix B)? Community-Based Organizations Involved in the Project Evaluation of Public Participation Efforts With the Project Trail and Open Space Projects Within 1,000 Feet of the Project Discussion of Public Concerns or Opposition (include contact information) Next Steps for Project Update on Events, Groundbreakings, Open Ceremonies, Speaking Engagements Planned in Association With the Project 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 22 of 27 APPENDIX G RESOLUTION NO. 11-032 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE CLEAN, SAFE CREEKS AND NATURAL FLOOD PROTECTION PROGRAM OF 2000, TRAIL AND OPEN SPACE GRANT PROGRAM WHEREAS, the Santa Clara Valley Water District has enacted the Trail and Open Space Grant Program, which provides funds for the acquisition and development of neighborhood, community, and regional trail and open space facilities; and WHEREAS, the Santa Clara Valley Water District's Stream Stewardship Unit has been delegated the responsibility for the administration of the grant program, setting up necessary procedures; and WHEREAS, said procedures established by the Santa Clara Valley Water District require Grantee's Governing Body to certify by resolution the approval of Grantee to apply for and accept Trail and Open Space Grant Program funds; and WHEREAS, Grantee will enter into an Agreement with the Contract with the Santa Clara Valley Water District; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby: 1. Approves the filing of an Application for local assistance funds from the Trail and Open Space Grant Program under the Clean, Safe Creeks and Natural Flood Protection Program of 2000; and 2. Certifies that the City has or will have sufficient funds to operate and maintain the Project; and 3. Certifies that the City has reviewed, understands and agrees to the Special Provisions, General Provisions and Financial Provisions contained in the Agreement; and 4. Appoints the City Manager or his designee the Director of Public Works as agent to conduct all negotiations, execute and submit all documents including, but not limited to Applications, agreements, payment requests and so on, which may be necessary for the completion of Project(s). PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of March, 2011, by the following vote: Vote Members of the City Council THIS IS TO CERTIFY THAT THE WITHIN INSTRUMENT IS A TRUE AND CORRECT COPY AYES: Wong, Santoro, Chang, Mahoney OF THE ORIGINAL ON FILE IN THIS OFFICE NOES: None ATTEST M (-c-Fi 3 20 l I ABSENT: Wang CITY CLERK OF THE CITY OF CUPERTINO ABSTAIN: None BY ATTEST: APPROVED CITY 'LERK City Clerk, City of' .oertino ayor, City of` upertino 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 23 of 27 THIS PAGE INTENTIONALLY LEFT BLANK 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 24 of 27 APPENDIX H INSURANCE REQUIREMENTS Without limiting the Contractor's indemnification of, or liability to, the Santa Clara Valley Water District("District"), the Contractor must provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions: Contractor must provide its insurance broker(s)/agent(s)with a copy of these requirements and warrants that these requirements have been reviewed by Contractor's insurance agent(s) and/or broker(s), who have been instructed by Contractor to procure the insurance coverage required herein. In addition to certificates, Contractor must furnish District with copies of original endorsements affecting coverage required by this Appendix. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by District before the contract commences. In the event of a claim or dispute, District has the right to require Contractor's insurer to provide complete, certified copies of all required pertinent insurance policies, including endorsements affecting the coverage required by this Appendix. Contractor must, at its sole cost and expense, procure and maintain during the entire period of this Agreement the following insurance coverage(s). REQUIRED COVERAGES 1. Commercial General/Business Liability Insurance with coverage as indicated: 1,000,000 per occurrence/$1,000,000 aggregate limits for bodily injury and property damage. 1,000,000 Products/Completed Operations aggregate(to be maintained for at least three 3)years following acceptance of the work by District. General Liability insurance must include: a. Coverage that is at least as broad as that found in the standard ISO Form CG 0001. b. Contractual Liability expressly including liability assumed under this contract. c.If Contractor will be working within fifty(50)feet of a railroad or light rail operation, any exclusion as to performance of operations within the vicinity of any railroad bridge, trestle, track, roadbed, tunnel, overpass, underpass, or crossway must be deleted, or a railroad protective policy in the above amounts provided. d. Severability of Interest. 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 25 of 27 e. Broad Form Property Damage liability. f.If the standard ISO Form wording for"OTHER INSURANCE," or other comparable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self-insurance maintained by District, its Directors, officers, employees, agents or volunteers will be in excess of Contractor's insurance and will not contribute to it. 2. Business Auto Liability Insurance with coverage as indicated: 1,000,000 combined single limit for bodily injury and property damage per occurrence, covering all owned, non-owned and hired vehicles. 3. Workers' Compensation and Employer's Liability Insurance Statutory California Workers' Compensation coverage covering all work to be performed for the District. Employer Liability coverage for not less than $1,000,000 per occurrence. GENERAL REQUIREMENTS With respect to all coverages noted above, the following additional requirements apply: 1. Additional Insured Endorsement(s) Contractor must provide an additional insured endorsement for Commercial General/Business Liability and Business Automobile liability coverage naming the Santa Clara Valley Water District, its Directors, officers, employees, and agents, individually and collectively, as additional insureds, and must provide coverage for acts, omissions, etc. arising out of the named insureds' activities and work. Other public entities may also be added to the additional insured endorsement as applicable and the Contractor will be notified of such requirement(s) by the District. NOTE: Additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10, CG 2033, CG 2037. Note: Editions dated 07/04 are not acceptable) 2. Primacy Clause: Contractor's insurance must be primary with respect to any other insurance which may be carried by the District, its officer, agents and employees, and the District's coverage must not be called upon to contribute or share in the loss. 3. Cancellation Clause Revision: The Certificate of Insurance MUST provide 30-days notice of cancellation (10-days notice for non-payment of premium). NOTE: The standard wording in the ISO Certificate of Insurance is not acceptable. The following words must be crossed out or deleted from the standard cancellation clause: ". . . endeavor to . . ."AND". . . but failure to mail such notice must impose no obligation or liability of any kind upon the company, its agents or representatives." 4. Acceptability of Insurers: All coverages must be issued by companies admitted to conduct business in the State of California, which hold a current policy holder's alphabetic and financial size category rating of not less than A-V, according to the current Best's Key 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 26 of 27 Rating Guide or a company of equal financial stability that is approved by the District's Risk Management Administrator. 5. Self-Insured Retentions or Deductibles: Any deductibles or self-insured retentions must be declared to and approved by the District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 6. Subcontractors: Should any of the work under this Agreement be sublet, the Contractor must require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractors may insure subcontractors under its own policies. 7. Amount of Liability Not Limited to Amount of Insurance: The insurance procured by Contractor for the benefit of the District must not be deemed to release or limit any liability of Contractor. Damages recoverable by the District for any liability of Contractor must, in any event, not be limited by the amount of the required insurance coverage. 8. Coverage to be Occurrence Based: All coverage must be occurrence-based coverage. Claims-made coverage is not allowed. 9. Waiver of Subrogation: Contractor agrees on to waive subrogation against the District to the extent any loss suffered by Contractor is covered by any Commercial General Liability policy, Automobile policy, or Workers' Compensation policy, described in Required Coverages above. Contractor agrees to advise its broker/agent/insurer about this provision and obtain any endorsements, if needed, necessary to ensure the insurer agrees. 10. Non-compliance: The District reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above. 11. Please mail the certificates and endorsements to: Contract Administrator Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118 IMPORTANT: On the certificate of insurance, please note either the name of the project or the name of the District contact person or unit for the contract. If your insurance broker has any questions, please advise him/her to call Mr. David Cahen, District Risk Management Administrator at(408) 265-2607, extension 2213. 2011 Trail and Open Space Grant District/City of Cupertino FY2011 Page 27 of 27