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HomeMy WebLinkAboutState of California - Uvas Creek Trail Extension 5 TAT E o F CALIFORNIA ARNOLD SCHWARZENEGGER, Governor MIKE CHRISMAN, Secretary ~ A G E N c y March 5, 2007 RFr~nf~D.. ,."i.,3f=ti \/ ~t Mr. Jay Saksa City Administrator City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 ENGlNEE;~H~G Re: Proposition 50 - River Parkways Grant Program Uvas Creek Trail Extension Dear Mr. Saksa, Congratulations on receiving the River Parkways Grant funding. Enclosed is your copy of the fully executed Grant Agreement number R81603-0 in an amount not to exceed $520,000 for the Uvas Creek Trail Extension. Please distribute copies within your organization as appropriate. Careful review of this Grant Agreement, the Grant Guidelines and associated forms and documents previously provided is critical to ensure your compliance with the grant program requirements. These documents contain important information regarding your reporting obligations, how to correctly request payments to avoid delays and other pertinent information. The section in your Grant Agreement titled Special Provisions may contain additional restrictions on the availability of your grant funds and should be given special attention. We look forward to working with you in the coming months and welcome the opportunity to send a State representative to attend any ground-breaking ceremonies, dedications, grand openings, or other events related to this project. Should you have any questions, please do not hesitate to contact me at (916) 651-7584 or via email atleah.northrop@resources.ca.gov. Sincerely, ~ Leah Northrop, Grants Admi:,istrator Sonds and Grants Enclosures 1416 Ninth Street, Suite 1311, Sacramento, CA 95814 Ph. 916.653.5656 Fax 916.653.8102 http://resources.ca.gov Baldwin Hilts Conservancy' California Bay-Delta Authority' California Coastal Commission' California Coastal Conservancy' California Conservation Corps California Tahoe Conservancy. Coachella Valley Mountains Conservancy' Colorado River Board of California. Delta Protection Commission' Department of Boating & Waterways Department of Conservation' Department of Fish & Game. Department of Forestry & Fire Protection. Department of Parks & Recreation Department of Water Resources. Energy Resources, Conservation & Development Commission. Native American Heritage Commission. San Diego River Conservancy @ San Francisco Bay Conservation & Development Commission. San Gabriel & Lower Los Angeles Rivers & Mountains Conservancy. San Joaquin River Conservancy e Santa Monica Mountains Conservancy. Sierra Nevada Conservancy. State Lands Commission. Wildlife Conservation Board State of California The Resources Agency - GRANT AGREEMENT GRANTEE NAME: City of Gilroy PROJECT TITLE: Uvas Creek Trail Extension AUTHORITY: Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 PROGRAM: California River Parkways Grant Program - Proposition 50 AGREEMENT NUMBER: R81603-0 TERM OF LAND TENURE: January 1,2007 through December 31,2026 PROJECT PERFORMANCE PERIOD IS: January 1, 2007 to March 1,2009 Under the terms and conditions of this agreement, the applicant agrees to complete the project as described in the project scope described in Exhibit A, and any subsequent amendments, and the State of California, acting through the Resources Agency pursuant to the Califomia Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002, agrees to fund the project up to the total state grant amount indicated. PROJECT DESCRIPTION: See project description on page 1 and Exhibit A of the Agreement Total State Grant not to exceed $ 520,000.00 (or project costs, whichever is less) attached are made a part of and incorporated into the Agreement. B By Bryan Cash Title City Administrator Title Deputy Assistant Secretary Date 2\\lo\Oi \ Date 2-]g) 01 AMOUNT OF ESTIMATE FUNDING CERTIFICATION OF FUNDING AGREEMENT NUMBER FUND R81603-o 6031 Water Bond (Prop 50) ADJ. INCREASING ENCUMBRANCE $ APPROPRIATION 6031005-2004-602 PROGRAM 10 ADJ. DECREASING ENCUMBRANCE $ FUNCTION . Local Assistance UNENCUMBERED BALANCE LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR $ 6031005-2004-602 230-04 2004 04/05 T.BA NO. B.R. NO. INDEX OBJ. EXPEND PCA PROJECT NUMBER 0540 751 30816 R81603 Ih OF l(tNG O. FICERj" dII / -, . 7. / . . /AC ('Pt.- ..t:::-{. 'G:c-~ ,/ :f onal knowledge that budgeted funds are available for this encumbrance ~~D~F :_~ f -C) ? SIGN . . Agreement No. R81603-0 GRANT AGREEMENT State of California - The Resources Agency Grantee Name: City of Gilroy Project Title: Uvas Creek Trail Extension Agreement Number: R81603-0 Authority: Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 Program: California River Parkways Grant Program - Proposition 50 PROJECT DESCRIPTION The project will develop nearly one mile of a multi--use trail consisting of a twelve (12) foot asphalt path with unpaved shoulders on each side. The multi-use trail will connect with an existing trail on the north side of Uvas Creek and also extend the trail to the Ranch Site Addition of Christmas Hill Park. The trail includes two (2) interpretive sign panels, four (4) benches and one (1) directional sign. The project also includes a temporary irrigation system and the planting of native shrubs, grasses and trees on about 2.26 acres. A detailed Project Scope and activities, project schedule and Project Budget are described and attached hereto as Exhibit A. Grant Funds are to be used for the acquisition of land for river parkways or for the restoration, protection and Development of river parkways in accordance with the provisions contained in the California River Parkways Grant Program and this Agreement. TERMS AND CONDITIONS OF GRANT Special Provisions 1. Recipients of Grant Funds shall post signs acknowledging the source of the funds pursuant to the California River Parkways Grant Program Grant Guidelines and Application (Application Guidelines). Size, location and number of signs shall be determined by the State. Required signage must be in place before Grant Funds for construction will be released. 2. Upon completion of detailed Project design, plans and specifications, Grantee shall provide to the State for review and approval a revised detailed Project Budget, Project Scope and detailed site plan. If Project includes habitat restoration or landscaping, Grantee shall provide a planting palette demonstrating how native vegetation will be used in the Project. Approval by the State of such plans and specifications, or any other approvals provided for in this Agreement, shall be for scope and quality of work and shall not relieve Grantee of the obligation to construct and maintain the facilities, or carry out any other obligations required by this Agreement, in accordance with applicable law or any other standards ordinarily applied to such work or activity. 3. The Grantee shall record a Memorandum of Unrecorded Grant Agreement (the "Memorandum"), incorporating by reference this Grant Agreement and giving public notice that the Grantee received Funds under this Agreement in order to assist Grantee in acquiring the real property and that, in consideration for the receipt of the Grant Funds, the Grantee has agreed to the terms of this Agreement. Page 1 . ' Agreement No. R81603-0 4. Other Special Provisions a. As conditions precedent to the State's obligation to make any funding available pursuant to this Agreement, Grantee shall first provide a copy of the following: · An executed Operations and Maintenance agreement between the Grantee and the Santa Clara Valley Water District outlining each entities responsibilities for the operations and maintenance of the Project for a minimum of twenty (20) years satisfactory to the State for all land to be improved under this Agreement. · An executed lease agreement between the Grantee and the County of Santa Clara extending the original lease for a minimum of twenty (20) years satisfactory to the State for all land to be improved under this Agreement. General Provisions A. Definitions 1. The term "Act" means Proposition 50, the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002. 2. The term "Agreement" means this Grant Agreement. 3. The term "Application" means the individual application form, its required attachments for grants pursuant to the enabling legislation and/or program and any applicable materials supplied by applicant to the Resources Agency prior to award. 4. The term "Application Guidelines" means the California River Parkways Grant Program Grant Guidelines and Application. 5. The term "Development" means improvement, rehabilitation, restoration, enhancement, preservation, protection and interpretation or other similar activities. 6. The term "Fair Market Value" means the value placed upon the property as supported by an appraisal that has been reviewed and approved by the California Department of General Services (DGS). 7. The term "Granf' or "Grant Funds" means the money provided by the State to the Grantee in this Agreement. 8. The term "Grantee" means an applicant who has a signed agreement for Grant Funds. 9. The term "Interpretation" means visitor-serving amenities that communicate the significance and value of natural, historical and cultural resources in a manner that increases the understanding and enjoyment of these resources, or other similar activities. 1 O. The term "Other Sources of Funds" means cash or in-kind contributions that are required or used to complete the river parkway project beyond the Grant Funds provided by this Agreement. 11. The term "Payment Request Form" means Form RA212. 12. The term "Project" means the Development activity described in the application as modified by Exhibit A to be accomplished with Grant Funds. Page 2 Agreement No. R81603-0 13. The term "Project Budgef' means the State approved cost estimate included as Exhibit A to this Agreement. 14. The term "Project Scope" means the description or activity for work to be accomplished by the River Parkway Project. 15. The term "Public Agency" means any State of Califomia department or agency, a county, city, public district or public agency formed under California law. 16. The term "State" means the Secretary for Resources or his/her representatives, or other political subdivision of the State. B. Project Execution 1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum of money (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of Project in this Agreement and its attachments and under the Terms and Conditions set forth in this Agreement. 2. Grantee shall furnish any and all additional funds that may be necessary to complete the Project. 3. Grantee shall complete the Project in accordance with the Project Performance Period set forth on the signature page, unless an extension has been formally granted by the State and under the Terms and Conditions of this Agreement. Extensions may be requested in advance and will be considered by State, at its sole discretion, in the event of circumstances beyond the control of the Grantee, but in no event beyond May 1, 2009. 4. Grantee shall at all times ensure that Project complies with the California Environmental Quality Act (CEQA) (Public Resources Code, Division 13, commencing with section 21000, et. seq., Cal Code Regs tit. 14, section 15000 et. seq.) and all other environmental laws, including but not limited to obtaining all necessary permits. Grant Funds will not be disbursed before the close of the period for legal challenge under CEQA. Grant Funds for planning and document preparation may be available sooner if included in the grant Project Scope (Exhibit A) and approved by the State. CEQA compliance shall be completed within one (1) year from the Grant Agreement start date. Changes to the scope resulting from CEQA compliance are permitted provided the State determines that the project continues to meet all objections of the River Parkways Grant Program and is consistent with the intent cited in the original Application. 5. Projects must comply with Labor Code Section 1771.8 regarding the payment of prevailing wages and the labor compliance program as outlined in the Labor Code Section 1771.5 (b). 6. Grantee certifies that the Project does and will continue to comply with all current laws and regulations which apply to the Project, including, but not limited to, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, and disabled access laws. Grantee shall certify to the State prior to commencement of construction that all applicable permits have been obtained. 7. Grantee shall provide access by the State upon 24 hours notice to determine if Project work is in accordance with the approved Project Scope, including a final inspection upon Project completion. Page 3 Agreement No. R81603-0 8. Prior to the commencement of any work, Grantee agrees to submit in writing to the State for prior approval any deviation from the original Project Scope per Exhibit A and the Application. Changes in Project Scope must continue to meet the need cited in the original application or they will not be approved. Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for approval. Any modification or alteration in the Project must also comply with all current laws and regulations, including but not limited to CEOA. 9. Grantee shall provide for public access to the Project in accordance with the intent of the Act. 10. Grantee must have (1) fee title, (2) leasehold, or (3) other interest to Project lands and demonstrate to the satisfaction of the State that the proposed Project will provide public benefits that are commensurate with the type and duration of the interest in land. Any acquisition of Project lands by Grantee following award shall not involve eminent domain proceedings or threat of eminent domain proceedings. 11. Grantee shall promptly provide photographs of the site during and after implementation of Project at the request of the State. C. Project Costs 1. Any Grant Funds provided to Grantee under this Agreement will be disbursed for eligible costs, on a reimbursement basis, as follows, but shall not exceed in any event the amount set forth on the signature page of this Agreement: a. Approved direct management costs or construction and Development costs. Up to ten percent (10%) of the reimbursement amount will be held back and issued as a final payment upon completion of the Project. b. Remaining Grant Funds shall be paid up to the total amount of the Grant Funds or the actual Project cost, whichever is less, upon completion of the Project, receipt of a detailed summary of Project costs from the Grantee found to be satisfactory by the State, and the satisfactory completion of a site inspection by the State. 2. Payment Documentation: a. All payment requests must be submitted using a completed Payment Request Form. This form must be accompanied by an itemized list of all expenditures that clearly documents the check numbers, dates, recipients, line-item description as described in the Project Budget approved by the State and amounts. Each payment request must also include proof of payment such as receipts, paid invoices, canceled checks or other forms of documentation demonstrating payment has been made. b. Any payment request that is submitted without the required itemization and documentation will not be authorized. If the payment request package is incomplete, inadequate or inaccurate, the State will inform the Grantee and hold the payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement. 3. Advance payments may be made if warranted by compelling need at the discretion of the State. Page 4 Agreement No. R81603-0 4. Grant Funds in this award have a limited period in which they must be expended. Grantee expenditures funded by the State must occur within the time frame of the Project Performance Period as indicated in this Agreement. 5. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Exhibit A approved by the State. The total dollars of a category in the Project Budget may be increased by up to ten percent (10%) through a reallocation of funds from another category, without approval by the State. However, the Grantee shall notify the State in writing when any such reallocation is made, and shall identify both the item(s) being increased and those being decreased. Any cumulative increase or decrease of more than ten percent (10%) from the original budget in the amount of a category must be approved in writing by the State. In any event, the total amount of the Grant Funds may not be increased, nor may any adjustments exceed the limits for management costs as described in the Application Guidelines. D. Project Administration 1. Grantee shall promptly submit written Project reports and/or photographs upon request by the State. In any event Grantee shall provide the State a report showing total final Project expenditures with the final payment request and required closing documents. 2. Grantee shall make property and facilities acquired or developed pursuant to this Agreement available for inspection upon request by the State. 3. Grantee agrees to use any Grant Funds advanced by the State under the terms of this Agreement solely for the Project herein described. 4. If Grant Funds are advanced, the Grantee shall place these Funds in a separate interest bearing account, setting up and identifying such account prior to the advance. Interest earned on Grant Funds shall be used on the Project, as approved by the State. The grant will be reduced by a corresponding amount. Any overpayment of Grant Funds in excess of final Project costs shall be returned to the State within sixty (60) days of completion of the Project or the end of the Project Performance Period as shown on the signature page, whichever is earlier. 5. Grantee shall use any income earned by the Grantee from use of the Project to further Project purposes, or, if approved by the State, for related purposes within the jurisdiction. 6. Grantee shall submit all documentation for Project completion, including a notice of completion as applicable and final reimbursement within ninety (90) days of Project completion, but in no event any later than May 1, 2009. 7. Final payment is contingent upon State verification that Project is consistent with Project Scope as described in Exhibit A, together with any State approved amendments. 8. This Agreement may be amended by mutual agreement in writing between Grantee and State. Any request by the Grantee for amendments must be in writing stating the amendment request and reason for the request. The Grantee shall make requests in a timely manner and in no event less than sixty (60) days before the effective date of the proposed amendment. 9. Grantee must report to the State all sources of other funds for the Project. Page 5 Agreement No. R81603-0 E. Project Termination 1. Prior to the completion of Project construction, either party may terminate this Agreement by providing the other party with thirty (30) days' written notice of such termination. 2. If the State terminates without cause the Agreement prior to the end of the Project Performance Period, the Grantee shall take all reasonable measures to prevent further costs to the State under this Agreement. The State shall be responsible for any reasonable and non-cancelable obligations incurred by the Grantee in the performance of the Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement. 3. If the Grantee fails to complete the Project in accordance with this Agreement, or fails to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued interest and any further costs related to the Project. The State may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that the State determines it is in the State's best interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this Agreement. 4. Failure by the Grantee to comply with the terms of this Agreement or any other Agreement under the Act may be cause for suspension of all obligations of the State hereunder. 5. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault of the Grantee. At the discretion of the State, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement. 6. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Agreement, is the acquisition of land for river parkways or the restoration, protection and development of river parkways for the people of the State of California, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of Grant Funds under the provisions of this Agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant Funds disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by the State. F. Hold Harmless 1. Grantee shall waive all claims and recourses against the State, 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 gross negligence of State, its officers, agents and employees. 2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Project, including Development, construction, operation or maintenance of the property described in the Project description which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross Page 6 Agreement No. R81603-0 negligence of State, its officers, agents or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified. 3. Grantee and State agree that in the event of judgment entered against the State and Grantee because of the gross negligence of the State and Grantee, their officers, agents or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. G. Financial Records 1. Grantee shall maintain satisfactory financial accounts, documents and records for the Project and to make them available to the State for auditing at reasonable times. Grantee shall also retain such financial accounts, documents and records for three (3) years after final payment and one (1) year following an audit. 2. Grantee agrees that during regular office hours, the State and its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to this Agreement or matters related thereto. Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements and receipts with respect to its activities under this Agreement. 3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by the State. H. Use of Facilities I. The real property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Resources Agency, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. 2. Grantee shall maintain, operate and use the Project in fulfillment of the purpose funded pursuant to this Grant for a minimum of twenty (20) years, consistent with the Land Tenure/Site Control requirements included in the Application Guidelines. The Grantee, or the Grantee's successor in interest in the property, may assign without novation the responsibility to maintain and operate the property in accordance with this requirement only with the written approval of the State. Grantee may be excused from its obligations for operation and maintenance of the Project site only upon the written approval of the State for good cause. "Good cause" includes, but is not limited to, natural disasters that destroy the Project improvements and render the Project obsolete or impracticable to rebuild. 3. Grantee shall use the property for the purposes for which the Grant was made and shall make no other use or sale or other disposition of the property. This Agreement shall not prevent the transfer of the property from the Grantee to a Public Agency, if the successor Public Agency assumes the obligations imposed by this Agreement. 4. If the use of the property is changed to a use that is not permitted by the Agreement, or if the property is sold or otherwise disposed of, at the State's sole discretion, an amount equal to (1) the amount of the Grant (2) the Fair Market Value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, may be reimbursed to the State. If the property sold or otherwise disposed of is less than the entire interest in the property funded in the Grant, an amount equal to either the proceeds from the sale or other disposition of the interest or the Fair Market Value of the interest sold or otherwise disposed of, whichever is greater, shall be reimbursed to the State. Page 7 Agreement No. R81603-0 5. The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State. 6. The Grantee shall not use or allow the use of any portion of the real property as security for any debt. J. Nondiscrimination 1. The Grantee shall not discriminate against any person on the basis of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave in the use of any property or facility acquired or developed pursuant to this Agreement. 2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable difference in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. The completed Project and all related facilities shall be open to members of the public generally, except as noted under the special provisions of this Agreement or under provisions of the Act. K. Application Incorporation The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved in writing by the State are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement. L. Severability If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable. M. Waiver No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different or subsequent breach by either party. N. Assignment Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part. O. Disputes If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue informally with the Agency Grants Administrator. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures: 1. If the issue cannot be resolved informally with the Agency Grants Administrator, the Grantee shall submit, in writing, a grievance report together with any evidence to the Page 8 Agreement No. R81603-0 Deputy Assistant Secretary for Bonds and Grants for the Resources Agency. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee's position and the remedy sought. Within ten (10) working days of receipt of the written grievance report from the Grantee, the Deputy Assistant Secretary shall make a determination on the issue(s) and shall respond in writing to the Grantee indicating the decision and reasons therefore. Should the Grantee disagree with the Deputy Assistant Secretary's decision, the Grantee may appeal to the Assistant Secretary for Administration and Finance for the Resources Agency. 2. The Grantee must submit a letter of appeal to the Assistant Secretary explaining why the Deputy Assistant Secretary's decision is unacceptable. The letter must include, as an attachment, copies of the Grantee's original grievance report, evidence originally submitted, and response from the Deputy Assistant Secretary. The Grantee's letter of appeal must be submitted within ten (10) working days of the receipt of the Deputy Assistant Secretary's written decision. The Assistant Secretary or designee shall, within twenty (20) working days of receipt of Grantee's letter of appeal, review the issues raised and shall render a written decision to the Grantee. The decision of the Assistant Secretary or designee shall be final. P. Audit Requirements River Parkway projects are subject to audit by the State annually and for three (3) years following the final payment of Grant Funds. The audit shall include all books, papers, accounts, documents, or other records of the Grantee, as they relate to the Project for which the Grant Funds were granted. Page 9 Agreement No. R81603-0 Exhibit A Page 1 STATE OF CALIFORNIA RESOURCES AGENCY GRANT AGREEMENT California River Parkways Grant Program California Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50) GRANTEE NAME: CITY OF GILROY PROJECT TITLE: UV AS CREEK TRAIL EXTENSION AGREEMENT NUMBER: R81603-0 PROJECT SCOPE: The project will develop nearly one mile of multi-use trail consisting of a 12 foot asphalt path with unpaved shoulders to connect an existing trail on the north side of Uvas Creek to the south side of the Creek, and also extend the trail to the Ranch Site Addition of Christmas Hill Park, thereby creating a "Safer Route to School" segment to Ascension Solorsano Middle School. The trail includes two (2) interpretive sign panels, four (4) benches and one (1) directional sign. The project also includes a temporary "quick coupler system" irrigation system and the planting of native shrubs, grasses and approximately one hundred fifty (150) native trees on about 2.26 acres. Project Schedule: Activity Description Timeline Design Development February - May 2007 Prepare Construction Documents, Finalize Plans May - September 2007 Bid Period for Construction October - November 2007 Award Bid November - December 2007 Construct Trail, Install Signage and Restoration Plantings January - April 2008 Plant Native Trees, Shrubs and Grasses March - April 2008 Open to Public May 2008 Monitor Planting and Irrigation, Repair/Replace Damaged April 2008 -March 2009 Items Complete Project March 2009 Agreement No. R81603-0 Exhibit A Page 2 p. B d rOJect u Iget: River Parkways City of Task Grant Gilroy Total DEMOLITION & GRADING: Clear and Grub $35,622 $3,958 $39,581 Grading Allowance $27,000 $3,000 $30,000 CONSTRUCTION: 12' Wide AC Trail $161,420 $17,936 $179,355 Fine Grading/Soil Prep $26,605 $2,956 $29,561 1-Gallon Trees $5,265 $585 $5,850 Native Shrubs/Grasses from Liners $58,500 $6,500 $65,000 Temporary Irrigation (Quick Coupler System) $35,473 $3,941 $39,415 Plant Establishment and Monitoring (1 year) $16,200 $1 ,800 $18,000 Benches $3,600 $400 $4,000 Interpretive Sign Panels $6,300 $700 $7,000 Grant Acknowledgment Signage $1 ,350 $150 $1,500 Directional Signage $2,250 $250 $2,500 Contingency (Maximum of 10%) $41 ,486 $4,599 $46,085 PROJECT MANAGEMENT Design/Construction Management@ 10% $42,097 $4,678 $46,775 Construction ManagemenUPeFmitting @ 8% $33,678 $3,742 $37,420 Testing/Survey @ 5.5% $23,154 $2,573 $25,726 TOTAL $520,000 $57,767 $577,768