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12-026 Funding Agreement, Santa Clara Valley Water District, Environmental Enhancement Implementation Grant Program, Stevens Creek Corridor Phase 2 OFFICE OF THE DIRECTOR OF PUBLIC WORKS 44,c,1 I9s� CITY HALL 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 CUPERTINO TELEPHONE: (408)777-3354• FAX: (408)777-3333 DATE: January 27, 2012 TO: Distribution FROM: Gail Seeds RE: Stevens Creek Corridor Phase 2, Project 9134—Funding agreement, Santa Clara Valley Water District, Environmental Enhancement Implementation 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 Environmental Enhancement Implementation grant program. akkA • Distribution: City Clerk(w/original), Finance/D. Woo, Mark Linder, T. Borden, G. Seeds, File 9134.10- SCVWD EEI grant Sonia Clara Volley ''',',\W'''„",- : Water District O , ,} , ti 5750 ALMADEN EXPWY SAN JOSE,CA 95118-3686 TELEPHONE(408)265-2600 FACSIMILE(408)266-0271 www.valleywater.org AN EQUAL OPPORTUNITY EMPLOYER RECEIVED January 9, 2012 JAN 11 2012 PUBLIC WORKS DEPARTMENT Gail Seeds City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Subject: Agreement No. A3539R between SCVWD and City of Cupertino for 2011 Environmental Enhancement Implementation Grant Program: Stevens Creek Corridor Park and Restoration Project, Phase 2 Dear Gail Seeds, Enclosed is a fully executed copy of Agreement No. A3539R 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 or bmendenhall@valleywater.org. Sincerely, / /0c4 a Darryl Williams Procurement& Inventory Management Unit Manager Purchasing, Consultant Contracts and Warehouse Services Enc.:Agreement A3539R cc: B. Mendenhall G. Canha,Accounting BizTrak File#3484 The mission of the Santa Clara Valley Water District is a healthy, safe and enhanced quality of living in Santa Clara County through watershed •1 stewardship and comprehensive management of water resources in a practical, cost-effective and environmentally sensitive manner. T•✓' RECEIVE() SCVWD ENACTED COPY JAN 11 2012 Contract Administration Unit AGMT: A3S3912 FILE: 1T34N PUBLIC WORKS DEPARTMENT SANTA CLARA VALLEY WATER DISTRICT Clean, Safe Creeks and Natural Flood Protection Program ENVIRONMENTAL ENHANCEMENT IMPLEMENTATION 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 $2.09 million in annual revenue to fund Outcome 3.2, Environmental Enhancements, of the CSC Program. The tax is to provide for the "creation of additional wetlands, riparian habitat and favorable stream conditions for fisheries and wildlife (equivalent of 100 acres of tidal or riparian habitat created or restored)" over the course of the 15-year program. D. Consistent with the CSC Program, the District's Board established an independent oversight committee to monitor and report on the District's progress in achieving the outcomes of the CSC Program. E. The District's Board approved the Environmental Enhancement Implementation Grant Program (Enhancement Grant Program) in April 2009. F. Grantee, consistent with the Enhancement Grant Program, submitted an application for Grant funds to create or restore tidal and riparian habitat. 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 Environmental Enhancement Implementation 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 $565,000 in Grant funds to Grantee and 2011 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 1 of 26 authorized the District's Chief Executive Officer(CEO) to award a contract to Grantee to provide Grant funding. Consistent with Application submitted, Grantee has secured funding from the District in the amount of$565,000 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 Enhancement 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 Environmental Enhancement Implementation Grant Application, and accompanying attachments, submitted to the District for the District's Enhancement 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 enhancement activities to the Project site. 6. Environmental Enhancement Implementation Grant Program (Enhancement Grant Program): The District's CSC Program's Environmental Enhancement Implementation Grant Program. 7. Project: The proposed Project identified by Grantee in the Enhancement Grant Program Application, as set forth in Appendix A, Project Description, of this Agreement. 2011 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 2 of 26 8. Project Grant Amount: The amount allocated by the District per the District's Board action authorizing Grant funds. 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 Enhancement 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 $565,000, 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 Enhancement 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 2011 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 3 of 26 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. 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's 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. 2011 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 4 of 26 3. All reports submitted to the District shall include the following certification page signed by an officer of the Grantee's organization: "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 Enhancement 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. F. Nondiscrimination 2011 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 5 of 26 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 the offices of Grantee, at reasonable times, such books, records, 2011 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 6 of 26 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 Enhancement Grant Program funds. 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.gov/epls, demonstrates the Grantee's good status regarding suspension and debarment and eligibility for Enhancement Grant Program funds. 6. Post audits may be performed after Project Completion to determine whether the costs claimed are allowable, allocable, reasonable, and in compliance with the District's Enhancement 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 $565,000 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 this Agreement 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 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 7 of 26 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 equipment with Enhancement 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 Grantee. 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 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 8 of 26 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 SUPPORTING DOCUMENTATION TO SEND PAYMENT TYPE WHEN TO SUBMIT IT TO ENHANCEMENT GRANT PROGRAM ADMINISTRATOR 10% (ten percent) After the Grant Agreement has been • Appendix D, Project Invoice Advance(of the total fully executed. • Appendix E, Payment Request Form Project Grant Amount) • Appendix F, Status Report Form 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 Project Invoice (Appendix D) and Status Report Form (Appendix F) shall accompany the Payment Request Form (Appendix E) and shall incorporate Grantee name and remittance address, a description/ 2011 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 9 of 26 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 Enhancement Grant Program Administrator, and will provide the Agreement number next to the Grantee's name. District Enhancement 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: Enhancement Grant Program Administrator will complete a Receiving Record (Form FA1226A), along with copies of the 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 Enhancement 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 Enhancement 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. 2011 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 10 of 26 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. 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 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 11 of 26 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 Stream Stewardship Unit Gail Seeds Santa Clara Valley Water District 10300 Torre Avenue 5750 Almaden Expressway Cupertino, CA 95014 San Jose, CA 95118-3686 Phone: (408) 265-2607, extension 3093 Fax: (408) 979-5627 E-mail: bmendenhall @valleywater.orq CITY OF CUPERTINO Date: 1-2./i J) By: Print Name: %imw+ Title: re cfor r1 Pulo II c. Works APPROVED AS TO FORM: Fri 'ame: r Grantee Legal Counsel SANTA CLARA VALLEY WATER DISTRICT Date: / / -- By: 1/141/Y`D B-a Goldie hi= Executive Officer 2011 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 12 of 26 APPENDIX A PROJECT DIESCRIPTION Stevens Creek Corridor Park & Restoration Project, Phase 2 GENERAL DESCRIPTION &PROJECT DESCRIPTION The City of Cupertino will restore Stevens Creek between Blackberry Farm Park and Stevens Creek Boulevard. The project will also provide access to 5 acres of creekside property that was acquired by the City. An adjacent feature (not funded by this grant) of the larger overall project will be a new section of the multi-use Stevens Creek Trail. The creek restoration which is funded by this grant will: ❖ Widen the creek to the east and remove concrete and riprap channel lining over approx. 580 lineal feet ❖ Create over 500 feet of pool and riffle stream hab:.tat approximately 50-55 feet wide,with bank full channel width varying from 20-25 feet, and in-stream bankfull bench width ranging from 4 to 12 feet • Install fish habit structures targeted at the federally-threatened Central California Coast steelhead including o 3 pools and associated riffle sequences o 1 log crib wall o Multiple log jam fish habitat structures • Create approximately 90 feet of new backwater wetland habitat approximately 50 feet wide ❖ Install over 1 acre of native riparian,wetland, and oak woodland plantings to create improved habitat • Remove invasive nonnative plants along the creek banks including Arundo donax,Himalayan blackberry,vinca and ivy LOCATION,ACCESS, SCHEDULE,AND MAINTENANCE The addresses at the north and south project endpoints are 22100 Stevens Creek Boulevard and 21979 San Fernando Avenue, Cupertino, CA. Both locations are city-owned property adjacent to Stevens Creek. Public parking and pedestrian and bicycle access will be available at both locations. The project will be in design 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 creekside site by City staff and contract ranger services retained by the City. The new creek corridor parkland being restored and opened under this grant is planned to be operated and maintained in the same manner. Monitoring of the new creek restoration will be per agency requirements and is expected to be similar to the monitoring underway for the adjacent creek restoration site within Blackberry Farm Park. 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 • Complete First Year Monitoring 2011 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 13 of 26 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 • Contract for Collecting and Growing 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 Creek Channel Work October 2013 • Complete Project Construction March 2014 • Conduct monitoring; submit 1st year report monitoring report December 2014 • Submit Final Reimbursement Request March 2015 2011 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 14 of 26 APPENDIX C PROJECT BUDGET 2011 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 15 of 26 - y - - - - 8 - - c..)} § , o k 8 » ® —\ § - - - - I ®:�� o � \ — — — - - - /a 6 ! \ 8 j ifs ) , § : - - - a - - - - § 8 . } / i — — — — — — — ) \ �f ' I - 882 ° @@ m § ; g \ k k \(/ ■ .. f \ ° � * §m° ¢ NN ° § . - . 0 ■ elf | } \ \ � � k z N. \ ( UJ — - - --- - _ _ _ _ - } k (\ 0 aa0 } k 0 = ., k ° ) £f ^ - N et ILI M. a �� a O f _ a - ® f --- f M E . -- » • ! }/\/ ' 0000 • CO 4 | \ \] 0000 . - - — — z. , 2 . . . , . k 00 0 1 1 . . . a a s B Ja k k 4 _0000 - ®®®® .... ----® --- - E 4 E. 7 gk ! $ M e - 10 ` 2 2 0 | | | | O. i {• ES 2 2 2 a ! � ) f | , , 0 - $ ! 2 k ! 7 ) \ 2 2 k ? 2 - _ — § § k e0 8 o - t; A 0 g E. ,a L o » g'g f • ) { ek \{ \/ # & / ' B ° � E ■ &0 CO 6 3 ) 2 ] Si ffF /{ § ° c 4 f \ §!! _ 88 c i{ . f £ k } / - \ R \ kk\ \ \ � ( \ \ \ ; . § � � o O. t \\ ) \ /�/ \ k\) 618 \ § k U- APPENDIX D PROJECT INVOICE 2011 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 17 of 26 CD N 4— a w CO 0 N N 4 r — 0 F C LL p N 4 N— — r 7. Y Q Q V I 2 � r O U 1 8 N N N 14 „ , Q � II a Li M N N V N N N o. O S : W — N N N — — _ — _c a n LLI W N N N N N N N N N 0 s w t 'E C TP .g Z " av -d :ffi a G CO m 4 w w A a v p n m t 4 a a ww w».n w»w a a n n S 7 t O O O I n o E n a 2 E _ iCti ; s d U © CO S w o C c 41 =o c -C v .a. " 8 c 7 mm � z O S v � 'a o� H D w U -, z ° o m _ v8 o a p 0 S m y e d b A p jn N APPENDIX E PAYMENT REQUEST FORM GRANT: Santa Clara Valley Water District Environmental Enhancement Implementation 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 RESOLUTION: Title 4. SIGNATURE OF PERSON AUTHORIZED IN RESOLUTION: Date 5. PAYMENT APPROVAL SIGNATURE: Date 2011 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 19 of 26 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 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 20 of 26 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 Habitat Restoration 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 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 21 of 26 APPENDIX G RESOLUTION NO. 11-031 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, ENVIRONMENTAL ENHANCEMENT IMPLEMENTATION GRANT PROGRAM WHEREAS,the Santa Clara Valley Water District has enacted the Environmental Enhancement Implementation Grant Program,which provides funds for the creation of additional wetlands, riparian habitat and favorable streams conditions for fisheries and wildlife; 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 Environmental Enhancement Implementation 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 Environmental Enhancement Implementation 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. 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 Pit c--(-+ 3 , 20 I I ABSENT: Wang CITY CLERK OF THE CITY OF CUPERTINO ABSTAIN: None c BY J ' ,^ ATTEST:. APPROVED: CITY C '\/ City Clerk, City Cupertino Maor, City'of Cupertino 2011 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 22 of 26 THIS PAGE INTENTIONALLY LEFT BLANK 2011 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 23 of 26 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: $2,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage General Liability insurance must include: a. Coverage that is at least as broad as that found in the standard ISO Form CG 00 01. 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 e. Broad Form Property Damage liability 2011 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 24 of 26 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: $2,000,000 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 covereage 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 2011 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 25 of 26 and financial size category rating of not less than A-V, according to the current Best's Key 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 Environmental Enhancement Grant District/City of Cupertino FY2011 Page 26 of 26