HomeMy WebLinkAboutSCVWD - Trail and Open Space Grant Agreement (Lions Creek Trail Project)
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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 District Board of Directors
authorizing funding for this grant, on June 15,2010, made by and between Santa Clara Valley
Water District, a California special district, hereinafter referred to as "District" and the City of
Gilroy, a charter city, hereinafter referred to as "Grantee," is to provide for the development of
public access to new trails and open spaces.
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
of the CSC Program. The tax is to provide "additional access to 70 miles of trails and
open spaces" over the 15 year period of the program.
D. Consistent with the CSC Program, the District 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 Board approved the Trail and Open Space Grant Program (Trail Grant) in
April 2009.
F. Grantee, consistent with the Trail Grant, submitted an application for grant funds to
develop access to a trail or open space.
G. On June 15, 2010, the District Board approved the lions Creek Trail project, allocating
the funds to Grantee for construction of the trail project, and authorized the District's
Chief Executive Officer (CEO) to award a contract to Grantee to provide the grant
funding.
H. On April 5, 2010 the City of Gilroy's City Council adopted a Resolution for the lions
Creek Trail project and authorized the application for and acceptance of Santa Clara
Valley Water District Grant funds under the Trail and Open Space Grant (see Appendix
G).
The parties agree to the following terms and conditions:
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
Page 1 of 37
Section 1.
Special Provisions
1. Consistent with Application submitted, Grantee has secured funding from Santa Clara
Valley Water District in the amount of $249,550. Additional funds for the Project have been
secured from State of California in the amount of $1,133,070 and shall provide Secured
Funds from the Grantee organization in the amount of $1,407,450 totaling $1,657,000 for
the Project.
Section 2.
General Provisions
A. Definitions
1. "Acquisition" means to obtain fee title or a lesser interest in real property, including a
conservation easement or development rights.
2. "Agreement" means 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 Period by the Grantee.
3. "Application" means the Trails Grant Application and accompanying attachments
submitted to the District for the District's Grant Program.
4. "Completion" means the filing of a Notice of Completion after the fulfillment of agreed
upon tasks for the Project by Grantee.
5. "Development" means 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. "Grant Program" means the District's Clean, Safe Creeks and Natural Flood Protection
Program's Trail and Open Space Grant Program.
7. "Project" means the proposed Project identified by Grantee in the Grant Program
application, as set forth in Appendix A of this Agreement.
8. "Project Grant Amount" means the amount allocated by the District per the District's
Board Resolution.
9. "Project Performance Criteria" means 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" means the Project period commencing with approval by
the District Board of Directors authorizing funding for this grant, on June 15, 2010,
and terminating upon Project completion notification by the Grantee and receipt by
Grantee of payment in full by the District, or by December 30, 2015, whichever
comes first.
11. "Property" means the real property described in the Appendix A, Project Description,
for Acquisition or Development with the Project.
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SCVWD/City of Gilroy
FY2011
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12. "Secured Funds" means funds committed to the Project through a fully executed
written agreement or budgeted by Grantee's organization.
13. "Total Project Cost" means the full cost of the Project, including funds from all funding
sources, as identified under Section 1, Special Provisions.
14. "Trail Grant" means the Clean, Safe Creeks and Natural Flood Protection Program's
Trail and Open Space Grant Program.
B. Project Execution
1. District hereby grants to Grantee, a sum of money (grant monies) not to exceed
$249,550 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 contact, as identified on Page 12 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.
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) lease hold, (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.
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
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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, including available public access, by December 30,
2015.
11.Grantee shall maintain and operate the Project for a period of no less than 25 years,
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 trail grant
funds associated with the Project and shall require payment of funds with interest
earned.
13.Grantee shall post signs during construction acknowledging the District's participation in
the development of the Project and the use of Clean, Safe Creeks and Natural Flood
Program Funds. District to provide sign template(s) to Grantee for use in Project.
14.Grantee shall invite, in writing, members of the Board of Directors to participate and
have a speaking role in any opening, event or ribbon cutting ceremony associated with
the Project.
C. Project Administrationl Reporting Requirements
1. Grantee shall provide written semi-annual reports (on a fiscal year schedule), within 30
days of quarter end, to the District using the standard form presented in Appendix F,
Status Report Form. Semi-annual reports will be completed and submitted in
conjunction with invoicing (Appendix D, Project Invoice) as appropriate.
2. Grantee shall provide one hard copy of and one electronic version of items listed in
Financial Provisions, Section 3, Item 3.G., Project Completion.
3. All reports submitted to the District shall include the following certification page signed
by an officer of the organization:
"I certify, that the Quarterly/Monthly Status Report and all attachments, signed
on <INSERT DA TE> at City of Gilroy 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
Financial Provisions, Section 3, Item 3.G.1.).
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SCVWD/City of Gilroy
FY2011
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D. Termination of the Agreement
1. Grantee may unilaterally terminate this Agreement at any time prior to District
disbursement of 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 within Agreement Term (see Financial Provisions, Section 3, Item
3.1.), 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. Grantee waives all claims against the District including the right to contribution for loss
or damage to persons or property arising from, growing out of or in any way connected
with or incident to this Agreement except claims arising from the sole negligence or
willful misconduct of the District, its officers, agents, and employees.
2. Grantee shall indemnify, hold harmless and defend the District, its officers, agents and
employees against any and all claims, demands, damages, costs, expenses or liability
costs arising out of the Acquisition, Development, construction, operation or
maintenance of the property described as the Project which claims, demands or causes
of action arise under Government Code Section 895.2 or otherwise except for liability
arising out of the sole negligence or willful misconduct of the District, its officers,
agents and employees.
3. Grantee agrees that in the event the District is named as codefendant under the
provisions of Government Code Section 895 et. seq., Grantee shall notify the District of
such fact and shall represent the District in the legal action unless the District
undertakes to represent itself as codefendant in such legal action in which event the
District shall bear its own litigation costs, expenses, and attorney's fees.
F. Nondiscrimination
1. Anti-Discrimination. The Santa Clara Valley Water 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 Contract, 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
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
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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, except as noted under
the special provisions of this Project Agreement or under provisions of the enabling
legislation and/or Program.
G. Severability
3. 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, as well as records pertaining to
performance of this Agreement, to the extent and in such detail as will properly reflect
performance and 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,
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 Grant Program monies.
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.qov/epls, demonstrates the
Grantee's good status regarding suspension and debarment and eligibility for 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
Trails Grant Program Guidelines.
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
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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 $249,550 and will be disbursed to Grantee
as described in Section 3. D and 3. E 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 the Project, and supported by time and attendance records describing the
work performed on the Project. Overtime costs may be allowed under the applicant's
established policy; provided that the regular work time was devoted to the same
Project.
3. Project costs for non-construction tasks are limited to 25% of District contribution to
Total Project Cost.
4. Salaries and wages claimed for employees working on grant funded projects must not
exceed the applicant'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 applicant. No consultant fee may be paid to the applicant'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 applicant's
normal accounting practices. The equipment rental rates published by the State
Department of Transportation may be used as a guide.
a. If the applicant'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 Trail Grant 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
Trail and Open Space Grant Agreement
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FY2011
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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.
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; and
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, or if grant monies are
advanced to the Grantee and no immediate plans (i.e., within 6 months) to spend
advanced funds are demonstrable, Grantee shall place these monies in a separate
interest bearing account, setting up and identifying such account to the District prior to
the advance. Interest earned on grant monies and any grant monies not expended
shall be returned to the District within 60 days of Project Completion.
D. Payment Request Process - Development Projects
This Grant Agreement is based on a reimbursement model with options for specific
advance payments noted below.
1. After the Grant Agreement has been fully executed, Grantee may request a 10%
advance of the Project Grant Amount.
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
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2. If Grantee has received a 10% advance, this advance Grant funding will offset actual
costs as documented in the attached Payment Request Form and Invoice. 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 as necessary, but not more
often than monthly.
4. After Grantee completes the Project, Grantee submits the Project Completion Packet
(see Financial Provisions, Section 3, Item 3.G.1) and Appendix E, Payment Request
Form, for the final payment.
Payment Reauest Process - Development Proiects
Payment Type When to submit it Supporting Documentation to
Send to Proiect Officer
10% Advance After the Grant Agreement has
(of the total Project . Payment Request Form
Grant Amount) been fully executed.
. Payment Request Form
. Invoice and Status Report Form
Payment Request . For direct expenses, copies of
Reimbursement invoices with all attachments
(up to 80% of the After Grantee has spent funds shall be submitted
total Project Grant to implement the Project . For labor costs, copies of
Amount) Timesheets shall be submitted
. For Benefits Costs, a Benefits
Rate Calculation will be
submitted
Final After Grantee has completed . Project Completion Packet
the Proiect
E. Payment Request Process - Acquisition Projects
This Grant Agreement is based on a reimbursement model with specific advance
payment options noted below.
1. After the Grant Agreement has been fully executed, Grantee may request a 10%
advance of the Project Grant Amount.
2. If Grantee has requested a 10% advance, Grantee may request up to an additional
70% of the Project Grant Amount, as specified in the approved Application, for a total
up to 80% of the Project Grant Amount upon submission of evidence that escrow is
open. At District's option, funds may be placed directly into escrow or given to
Grantee for immediate deposit into escrow.
3. If Grantee has not requested a 10% advance, Grantee may request up to 80% of the
Project Grant Amount as specified in the approved Application upon submission of
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
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evidence that escrow is open. At District's option, funds may be placed directly into
escrow or given to Grantee for immediate deposit into escrow.
4. Grantee may submit multiple Payment Request Forms as necessary, but not more
often than monthly.
5. After Grantee completes the Project, Grantee submits the Project Completion Packet
(see Financial Provisions, Section 3, Item 3.G.1.) and Appendix E (Payment Request
Form) for the final payment.
Payment ReQuest Process - ACQuisition Proiects
Payment Type When to submit it Supporting Documentation to Send
to Project Officer
10% Advance After the Grant Agreement has
(of the total Project . Payment Request Form
Grant Amount) been fully executed
Up to 80% After the Grant Agreement has . Payment Request Form
Advance been fully executed Evidence of open escrow
.
Payment Request After Grantee has spent funds . Payment Request Form
Reimbursement to implement the Project Invoice and Status Report Form
(up to 80%) .
. For direct expenses, copies of
invoices with all attachments shall
be submitted
. For labor cost, copies of timesheets
shall be submitted
. For Benefits costs, a Benefit Rate
Calculation will be submitted
Final After Grantee has completed . Project Completion Packet (see Sec.
the Project 3.G.1).
. Recorded Grant Deed
. Final Title document
. Relocation Plan, where occupants
were provided eligibility for
relocation assistance, if applicable
F. 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).
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
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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. Invoicing can be as frequent as monthly. Grantees must submit invoices to the
District Trails Grant Program Administrator, and should provide the Agreement
number next to the Grantee's name.
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 Trails 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 should be consistent with invoicing frequency.
Percentage of Project Completion should coincide with reimbursement to Grantee.
G. 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 and Status Report Form (Appendix D).
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 monies from the 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 opening ceremonies for completed trail segments
associated with Project for inclusion and representation by the District.
H. 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.
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
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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, B, C, D, E, F, G and H are hereby incorporated herein by this
reference and made a part hereof, as though set forth in full.
I. Agreement Term
1. The term of this Agreement retroactively commenced upon approval by the District
Board of Directors authorizing funding for this grant, on June 15, 2010. 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 by December 30, 2015,
whichever comes first.
J. 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)
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
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Section 4.
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 SCVWD
Contact
Ann Draper
Assistant Officer
Watershed Stewardship Division
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118-3686
Brian Mendenhall
Project Manager
Stream Stewardship Unit
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
Phone (408)265-2607 x3093
Fax (408) 979-5627
E-mail: bmendenhall@vallevwater.oro
~.
Chief Executive Officer
Santa Clara Valley Water District
9 Jrzhl
Date
'I
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
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To Grantee Rick Smelser
Director of Public Works
City of Gilroy
7351 Rosanna Street
Gilroy CA 95020
Grantee Contact David Stubchaer
Operations Manager
City of Gilroy
7351 Rosanna Street
Gilroy CA 95020
(408) 846-0275
David. Stubchaer@ci.oilrov.ca.us
~'"
Date
Thomas J. Haglund
City Administrator
City of Gilroy
Approved as to form:
~
Linda Callon
City Attorney
City of Gilroy
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APPENDIX A
PROJECT DESCRIPTION
General Description
Introduction
The Gilroy Trail Projects consists of two trail segments: the Wren to Farrell, and the Kern to Wren
Trail (Figure 1). Currently the designs of the trail segments are complete and construction is
beginning. The Wren to Farrell Trail extends from Wren east along the trail section to the bridge
crossing, turns and then heads North to Farrell where it terminates. Each trail segment is a
component of the City of Gilroy Trails Master Plan and the trail segments would be designated for
bicycle and pedestrian use.
Each segment would consist of establishing an asphalt path on top of existing compacted-dirt
access pathways. There would be striping to separate two-way traffic on each trail segment and
each would be ADA compliant. The trail segments would be located on either property owned by
the City of Gilroy or the Santa Clara Water District (SCWD).
Kern to Wren Trail (Figures 2 and 3)
This trail segment would consist of designing and constructing 1,650 linear feet of an 8 to 10-foot
wide path serving both pedestrians and bicyclists located on the north or south side of Lions Creek
(Figure 6). Shoulders 18 to 24 inch wide unpaved shoulders of a permeable, aggregate base
would be provided in addition to the path. The surface of the trail would be predominately asphalt
with the trail portion under the existing bridge on Wren Avenue composed of concrete. The
underpass of the trail would include a 3 to 6 foot high retention wall at the base of the drainage
channel. The passage of the trail beneath the Wren Avenue Bridge would merge the Kern to
Wren Trail with the Wren to Farrell Trail. Railings would be provided to enhance safety between
the path and the drainage channel. The project will take into account the following considerations:
1. This project will ultimately connect a future trail network of 12.75 miles (Figure 12).
2. This trail segment would serve as a "Safe Routes to School," connecting to Antonio
del Buono School to the community through a recreational and multi-use trail. A
retaining wall and path will be constructed beneath Wren allowing safer passage
across Wren for pedestrians and bicyclist for a majority of the year.
3. The trail elevation will be placed at the top of the as-built elevations of the top of
banks in order to assist the SCVWD in restoring the original intended bank
elevation.
4. The project includes a public outreach and educational component.
Wren to Farrell Trail (Fiaures 4 - 6)
This trail segment would develop approximately 1,950 linear feet of a multi-use trail consisting of a
12-foot asphalt path with 18 to 24 inch wide unpaved shoulders of a permeable, aggregate base
along the north side of Lions Creek between Wren Avenue and the confluence of Lions and L1agas
Creek. The trail segment would also follow the west branch of L1agas Creek, and extend from the
confluence to Farrell Avenue. The trail segment would include signage at both Wren Avenue and
Church Street, three benches, two interpretive sign panels, and a pedestrian bridge crossing. The
bridge crossing will consist of a single span prefabricated truss structure that would span from
channel bank to channel bank with abutment footings located on top of the channel banks. The
bridge will be approximately 12 feet (Figure 7) wide (clear width) and 122 feet long. The project will
take into account the following considerations:
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
Page 14 of 37
1. This project will ultimately connect a future trail network of 12.75 miles.
2. This trail segment would serve as a "Safe Routes to School," connecting to Antonio
del Buono School to the community through a recreational and multi-use trail. In
addition, the soffit elevation of the bridge will be above the top of banks.
3. The trail elevation will be placed at the top of the as-built elevations of the top of
banks in order to assist the SCVWD in restoring the original intended bank
elevation.
4. The pedestrian bridge would provide appropriate clearance for maintenance
vehicles beneath the bridge to ensure that the project will not impede access for the
Santa Clara Valley Water District. These grades have been verified and a bridge
clearance of 11 '6" or 12 feet can be maintained from the maintenance access path
to the bridge soffit.
Specific location of project
The trail is located In the City of Gilroy beginning from Kern Ave towards the East and beneath
Wren Ave continuing East across L1agas creek and then North terminating at Farrell Avenue.
Adjacent water bodies and creeks
The trail is located adjacent to Lions Creek and West Branch L1agas Creek.
Adiacent trails. parks and open space
The proposed trail will provide a connection to the existing Antonio del Buono School, part of
the Gilroy Unified School District. The trail is proposed to be extended to the north in the future
to connect to the future Farrell Ave. Park, to be built adjacent to the school. Ultimately, as
shown in the City's Trails Master Plan, the trail will be extended to the west and north along
Lions Creek, connecting to the future high school proposed at Day Road and Santa Teresa
Boulevard, and to the east and south along the West Branch of L1agas Creek.
Project Access
Public Trail access will be provided at all Cities cross streets along the trail segment: Farrell
Avenue, Church Street, Wren Avenue and Kern Avenue. This will allow the public to access
this trail segment from 4 public access points (Le. city streets) as described in the "Existing
Roadway Network" below.
Existinq District/ Grantee aqreements in the proiect vicinity (JUA. Joint Trail Aqreement. MOU,
MOA)
There are no existing District/Grantee agreements in the project vicinity
All proposed project improvements (siqnaae, fencina. aradina. benches, trash receptacles.
landscapinQ, ADA accessibility. etc.)
Kern to Wren Segment: This segment includes fencing along the trail along the property side.
The surface of the trail would be predominately asphalt with the trail portion under the existing
bridge on Wren Avenue composed of concrete. The underpass of the trail would include a 3 to
6 foot high retaining wall at the base of the drainage channel. The passage of the trail beneath
the Wren Avenue Bridge would merge the Kern to Wren Trail with the Wren to Farrell Trail.
Railings would be provided to enhance safety between the path and the drainage channel.
Wren to Farrell Segment: The trail segment would include signage at both Wren Avenue and
Church Street, three benches, two interpretive sign panels, trash receptacles, landscaping, and
a pedestrian bridge crossing.
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
Page 15 of 37
Duration of time to complete proiect
The project design is complete and construction will take approximately 6 to 7 months.
Estimated time of year for construction
Construction will be from approximately April 2011 to October 2011.
Proof of CEQA compliance (NEPA if proiect involves a federal nexus)
The City completed an Initial Study/Mitigated Negative Declaration for CEQA. The Notice of
Determination is dated August 4,2010 and is shown in Figure 8.
Plans for proiect maintenance
The trail will be maintained by the City of Gilroy's Parks Maintenance staff, consistent with the
maintenance and operations standards established in the Trails Master Plan. A maintenance
plan is completed and annual maintenance costs for this project are estimated at $4,600. This
is based on annual Class 1 trail maintenance costs of $3,850 per trail mile and trail resurfacing
and re-striping of approximately $11,500 per mile, every 5 years. These costs will be
programmed in the City's budget and the trail will be maintained throughout the life of the trail.
Tasks and Subtasks
Project Tasks
Tasks and Subtasks
Task 1: Preliminary DesiQn
Task 2: Environmental
Task 3: Final Desian
Task 4: Permittina
Task 5: Construction
5a Construction
5b Construction Management and
Inspection
Project Performance Criteria
District shall use the following Project Performance Criteria, as well as requested information in
submitted Quarterly Reports, to evaluate the performance of Grantee:
· Project completed (public access to the trail with Project improvements).
· Project complete within 5 years of date the Agreement was signed, or December 30, 2015,
whichever comes first.
· Grantee on schedule with submitted Project Schedule (Appendix B).
· Operations and Maintenance of Project to be maintained for 25 years.
· Community involvement demonstrable.
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
Page 16 of 37
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Appendix D
To;
~ Office of Plannins and R.esearch
FDr lJ.s. Mail: Slreel Address:
P.O.80ll3044 1400 Tentb 51.
Sacramento. CA 95812-3044 Sacramento. CA 95814
From:
Public Agency; City or Gilroy
Address: 7351 Ro:sanna Street
GIrtJlt, CA 55020
Con lact: Melissa Durkin
Phone; _{!Q.81846.0.451
. County Clerk
County of: 5811lll Clara
Address: 70 W. Heddin!g Shel, E.~, 1st Aoor
~...CI!!!J._CA ~110
Lead A~nc>, (if differenl fi"om above):
Add ress:
Contact
Phone;
SUBJECT: Filing of Notice of C>etermlnaUon In compliance with Section 11101 or 11152 of tile Public Resources
Code.
Stale Clearinghoose Number (if submitted to State Clearinghouse):
2010062073
Project Tille: Three Trails Project
Project Location (include county}: EaoI "'SonIa TM$lBllld..l'Cl1IIoIGrlrIICtIt Way;ab1lg L1on...n" UIIpI c-b_ byCIIIIdI $t, Famll_ "!(em......
Project Description:
Theel89fllenlul blcydalped.enian 1II1ls willlln Iha City 01 Gihly. The \J\IIls c.e.. TraI-'" ex1end apprwimalllly 5.280 Ieoet adjactnllo lII1d south of 0.. Creek.
- or Sanca Teresa and nor1l1 gf Gl$l1lthe Way. The W"" to Kem Trail-.ld exterd awox:ma1ll1y 1..650 IMlfrom .....ren A_ lei Kem """""e. the wren 10 Kern
traiwould<<mect(litib eastern end) 10 Ihe Lion', creek ParilwIyTrall wIlkh l'<<Uj el1end the lrall east licItg Uons~.lhen n _Id llin1ll1of1!l aI:lng llIeeast
side of u.l/is CnleI< 10 fam' A..........
This is 10 advise that the CitY of ~
IKI Lnd Ao'<1M.l' or U fl~po<l,i\>k ^Fl'Y
and has made the following delCnninations regardin g the above described project:
has approyed the above described project on
ALI,'lust2,2010
(lM~1
I. The project (Owill liIwill not] have a significant effect on the environment
2. 0 An EnvironmentallmJlllCl Report was prepared for this project pursuant 10 the provisions ofCEQA.
iii A Ne-gBlive Dc:c1il1111tion wu prePared for this project pursulRlIO the provisions ofCEQA.
3. Mitigation measures rlXlwere []were: nol) made a rondilion of the approval of !he project.
4. A mitigation reporting ormoniloring plan lrilwas 0 ""'8$ not] adopted for this project.
S. A stetement (lfOverrtdillg COfl$idcnlti()lJS [0 was jgJ WlIS nOI] adoptN for lhu projoecl.
6. FindJngs [l!Iwere Owere not] mad.. pursuant 10 the provisions ofCEQA.
This i$IO cenify thatlhe final EIR with comments and responscs and record OfproJecl approval. or the negative Oeclaralion, i.
available 10 rhe General Public at: City of Gilroy. 7~5.1Bosanoa Street. Gilroy, CA 95020
Signature (Public Agency) ~/' J I.,'
, I
Date August 4. 2010 / Dale Received for filing at OPR
Till.. David Bischoff
Autbooil)' cited: Sc:ctlons ~Iot!. f>ublk ROSOurlX5 Code.
ReferellCe Sec:llon 1 100000l I 114, I'ubllC lCesources Co<<.
Reyi~ 10<l$
Figure 8 - NOD
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
Page 24 of 37
APPENDIX B
PROJECT SCHEDULE
Project Schedule - Lions Creek Trails
Tasks and Subtasks Start Date End Date Status
Task 1: Preliminary Design June 2005 June 2010 completed
Task 2: Environmental 2009 August 2010 completed
Task 3: Final Design 3/17/2010 August 2010 completed
Task 4: Permitting
4a. CDFG Permit completed
4b. SCVWD Permit 4/12/2010 6/2/2010 completed
4c. CA Regional Quality Control Board January 2011 March 2011 completed
Task 5: Construction
Sa. Advertise for Construction 6/14/2010 7/5/2010 completed
5b. Bid Review & Award 7/5/2010 7/9/2010 completed
City Council Approval 7/19/2010 completed
5c. Construction April 2011 Oct 2011 Ongoing
Task 6: Maintenance Activities Oct 2011 N/A
6a. Monitor planting and irrigation during Not started
maintenance period.
6b. Repair or replace damaged or defective Not started
items during the maintenance
6c. Provide weed control during the Not started
maintenance period.
6d. Accept project upon completion of Not started
maintenance period.
6e. Re-stripe trail every 5 years (+-) Not started
6f. Re-paye trail eyery 5 years (+-) Not started
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
Page 25 of 37
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
APPENDIX C
PROJECT BUDGET
Page 26 of 37
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Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
APPENDIX D
PROJECT INVOICE
Page 28 of 37
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APPENDIX E
Santa Clara Valley Water District
Trail and Open Space Grant Program
PAYMENT REQUEST FORM
AGREEMENT NUMBER
GRANTEE
PROJECT TITLE
1. TYPE OF PAYMENT
ADVANCE
o
REIMBURSEMENT
o
FINAL
o
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 DATE
4. SIGNATURE OF PERSON AUTHORIZED IN RESOLUTION
FOR SANTA CLARA VALLEY WATER DISTRICT USE ONLY
5. PAYMENT APPROVAL SIGNATURE
I DATE
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
Page 30 of 37
PAYMENT REQUEST FORM INSTRUCTIONS
The following instructions correspond to items on the Payment Request Form*:
Agreement Number - As shown in Certification of Funding section of the Grant Contract
Grantee - Grantee name as shown on the Grant Agreement
Project Title - Title of Project for which payment is requested
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.
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
Page 31 of 37
APPENDIX F
STATUS REPORT FORM
Item Status Comments
Project progress on-schedule
(per Appendix 8)?
Community based organizations
involved in the Project
Evaluation of public participation
efforts with the Project
Newly identified trails within
1000 feet of the Project
Newly identified open space
within 1000 feet of the Project
Newly identified enhancement
opportunities within 1000 feet of
the Project
Discussion of public concerns or
opposition
(include contact information)
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
Page 32 of 37
APPENDIX G
CITY COUNCIL RESOLUTION
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
Page 33 of 37
2000 Clean, Safe Creeks and Natural Flood Promction Program
TRAIl AND OPEN SPACE GRANT
RESOLUTION NO. 1010-11
RI:SOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING THE APPLICANT TO APPLV FOR GRANT FUNDS FOR THE TRAILS
AND OPEN
SPACE GRANT PROGRAM UNDER THE CLEAN, SAFE CRERKSAND NATURAL
FLOOD PROTECl'ION PROGRAM OF zooe
WHEREAS. the Santa Clara Valley Wa1er District has enacted the Trails and Open
~pace ClI'lmt Program. which provides finds for the acquisition and development of
neighborhood, rommlmity, and regicmaJ parks ar'1d recreation lands and facilities; and
WHEREAS, the Santa Clara Valley Water District's Watersherl )\Iannine 1 Init hill been
delegated the responsibility for the administration of the grant progr8lll, setting 11)\ ne~
procedW'C5; tmd
WIIEREAS, said procedures cstablUhed by the San1a Cltu'G Valley Water Dimid:
n::quin: Onu.Llee'S Governing Body to certify by Jc:lIOlution the approval of Grantee to apply for
Tnills iIIld Open Spttet: Onwt Pl'ograw. funds, and
WHEREAS. Grantee will enter into an Agreement with ihc:: Conlnwt with the Saata
Clam Valle)' Water District;
NOW, THEREFORE, BE IT RESOLVED that the CJTY 01' UJLROY hereby:
1. App'oves the filing ()f an Application for local assistance funds from the Trails and Open Space
Grant Program under the Clean, Safe Creeks and Natural Flood Protection Program of 2000; and
2_ Certifit".~ tlW the Applicant ha... or will have sufficient funds to operate and maintain the
Project(s); and
3. Certifies that the Applicant has reviewed, understands and agrees to the Special Provisions.
General Provisions and Financial Provisions contained in the Agreement; and
RESOLUTION NO. 2010-11
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
Page 34 of 37
4. Appoints the 11wuw J. HaglWl.d, City Ad.llUllistrator as agcnt to conduct allllCgotiatiOns,
execute and submit all documents, including. but not limited 10 Applications, agreements,
payment requests and so on, which may be necessary for the completion of Project.
PASSED AND AOOP'1"F.D on thk t'i6 d8)' of April, 2010 hy the follmringvote:
A YF.S: COUNClLMEMBERS: ARRLLANO, BRACCO, DILLON.
GARTMAN, TUCKER, WOODWARDud PINHEIRO
NOES; COUNCILMEMBERS: NONE
ABSENT; COUNCILMEMDERS: NONE
APPROVED:
~-
A.1IMrt PInheiro, MAYOR
RfSO'UITllJNl\'().101ll-1 t
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
Page 35 of 37
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certifY dud the
attacbed 0rdiDance No. 2010-()6 is an original ordinance, ()f true and COI1llCt copy of a City
otdinance. duly adopted by the f'.ntmcl1 nflhe City of Crilroy at a regular meetine of said Cmmcil
held en the 5111 day of April. 2010, at which meeting a quorw.n was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City ofOilroy this 12111 day of April, 2010.
~~" ?La-
Shawna Freels, c~
City Clerk of the City of Gilroy
(Seal)
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
Page 36 of 37
..
APPENDIX H
INSURANCE REQUIREMENTS
1. Grantee will ensure that the Santa Clara Valley Water District, its directors, officers,
agents and employees are named as additional insureds on all Commercial General and
Automobile Liability policies to be obtained by vendors working on this project.
Trail and Open Space Grant Agreement
SCVWD/City of Gilroy
FY2011
Page 37 of 37