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HomeMy WebLinkAboutSCVWD - Right of Entry and Well Agreement (2015)Right of Entry and Well Access Agreement District Well Numbers: Wells MW -SC1, MW -SC2, MW -SC3, MW -SC4, MW -MH1, MW -MH2, MW -MH3, MW -MH4 and MW -CH4. Property APN(s): 808 -21 -030, 808 -21 -028, 808- 18-022 and 810-65 -006 Well Location(s): Gilroy Sports Park at 5925 Monterey Frontage Rd, Gilroy Park at Santa Teresa Blvd and 3`d Street, and Christmas Hill Park at 7050 Miller Ave, Gilroy, CA 95020 This Right of Entry and Well Access Agreement ( "Agreement ") is effective on the date last set forth below, and continuing for a period of ten (10) years ( "Term ") thereafter, the City of Gilroy, a California chartered municipal corporation ( "City') agrees that the Santa Clara Valley Water District. ( "District"), its employees, agents, and contractors, hereinafter called "District's Representatives ", shall have the right to access City's real property (`Property") in order to access the District well or wells listed above ( "Wells") for exclusively the following "Permitted Purposes ": A. To collect samples of groundwater; B. To measure the depth of groundwater; and C. To collect other data related to groundwater. Permission For District Right of Entry and Use Is Made Subject To The Following Terms, Conditions and Agreements: 1. This Agreement is for the District's exclusive use and is not assignable or transferable. 2. The City covenants that it has the right to enter into this Agreement and perform its obligations hereunder. 3. Permission granted herein is not to be construed as a grant of title or interest in the subject real property. 4. District shall not unreasonably disturb any business of City in connection with its access to the Property. 5. District shall keep the Property free and clear of any mechanics' liens, materialmen's liens or other claims arising out of any of District's activities or those of District's Representatives on or with respect to the Property. 6. All entries onto the Property by District and District's representatives and all inspections and examinations thereof shall be at District's sole cost and expense, shall be done in a workmanlike manner in accordance with all applicable codes, statutes, ordinances, rules, regulations and laws, and shall not unreasonably disturb in any way the quiet occupancy or enjoyment of City or any occupant of the Property. 7. District shall not perform any test or inspection or carry out any activity at the Property which damages the Property in any way or which is physically intrusive into the Improvements or soil of the Property without the prior written consent of City, which City may withhold in its sole and absolute discretion. Right of Entry and Well Access Agreement District Well Number(s): Wells MW -SC1, MW -SC2, MW -SC3, MW -SC4, MW -MH1, MW -MH2, MW -MH3, MW -MH4 and MW -CH4 Page 2 of 3 8. District will give City reasonable prior notice of its intention to conduct any inspections or tests with respect to the Property and City reserves the right to have its representative present. 9. District shall indemnify, defend and hold City harmless from and against any and all costs, expenses, claims, demands, losses or liens, (including, without limitation, mechanics' liens) including reasonable attorneys' fees, arising from or in any fashion related to the entry by District or District's Representatives on the Property or the performance by District or District's Representatives of any testing or investigations of the Property except with respect to any loss or liability incurred by City resulting from the mere discovery by District or District's Representatives of the presence of hazardous materials at the Property or the existence of other defects with respect to the Property. The provisions of this Section shall survive the expiration of the Term and any earlier termination of this Agreement. 10. In addition to any other obligations under this Agreement, District and District's Representatives shall, at no cost to City, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily, injury, sickness or disease, or death to any person, and damage to property, including the loss of .use thereof; (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below; and (c) Workers' Compensation insurance for all appropriate personnel. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. The City acknowledges that the District can fulfill the insurance requirements described above through self insurance. 11. District also agrees to hold harmless, defend and indemnify City, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death caused by any of the District employees' use of the Property as authorized by this Agreement. This provision does not apply to the extent such claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and /or expenses arise from the City's negligence. 12. If District causes damage on the Property while performing under this Agreement, it shall repair said damage. 13. The City acknowledges that it is aware of the need for the District to purge the Wells prior to collecting water samples, which may result in a minor waste of water. 14. At the option of City, the District will provide City with copies of the results of all reports, test results and analyses performed on the water or the aquifer using the Wells, and any other records pertaining to this Agreement at no cost, expense or liability to City. Right of Entry and Well Access Agreement District WellNumber(s): Wells MW -SC1, MW -SC2, MW -SC3, MW -SC4, MW -MH1, MW -MH2, MW -MH3, MW -MH4 and MW -CH4 Page 3 of 3 15. Access to the Wells by the District may be subject to reasonable restrictions as to time and date as established in the sole discretion of the City. 16. The Term of this Agreement is subject to early termination by either party provided at least 30 days prior written. notice is given. 17. The District may, at its sole discretion, change the frequency of data collection from the Wells. 18. The effective date of this Agreement is the date last set forth below. 19. The signatories understand and agree that all data collected from the above described Wells may be summarized in a publicly available report or provided to members of the general public as allowed under the California Public Records Act. By signing below, the signatories acknowledge that they are authorized representatives of their respective party and agree to the above terms and conditions contained in this Agreement. City of Gilroy: gnature APPROVED AS TO FORM: (Linda A. Callon, City Attorney J. Edward Tewes, Interim City Administrator Printed Name/Title Santa Clara Valley Water District: i nature Printed Name/T i le Date Date ��•�, ^• •r is 'k. l le. .. Sri - • i t s" - �i �=C: 7 + r r egg MW C3 eOje W- t.7C4/,- 1 v"� fY {Y' .0 l _./• /., - `�.t 4��4�� tat �t ,7 �' { � 4 �,; y t +k _ r d �[p - 4: 5 Y j ?: � � ➢'7_SjJ i 1n, 77 r _ � � M'� � t _' � n •1/ SIR :. low,- - ti '• _ • yam,: - _1 IF - K. FUTURE MONITORING WELL LOCATIONS GILROY SPORTS COMPLEX Legend Future Gilroy Sports Complex Wells Short Term Phasell GlenLoma ® Current Monitoring Weli Locations SCRWA- Existing Pipeline Alignment Phase 2 Pipeline Alignment T .... , , o � - °rM' ' .•, tb• ':: � � �. x terry e •. � '�'"4� - f�� vet-.. • "'*t•.w •t Wo �,+.� . Y q5r�' �;,�1°"5 A¢4.r� y � K �'`xrx t .,, ��' - "_ �i`"+'`', ° -� "�•ab .v ''�.'xtl * {, �' ° - ;",kg! � � - tyi `.ry �' �, z- �" +� • '� ��' rah -006 WE ,M. `•. '' h.� r' M } �_�aa f "`•'�' ,� � B. � ia.�' jl� r n' a} �:~;� ." y f, i 5.� S b g��•�p w % :'"31 F .:•'M" *'� •� �RI�Wr IFS '" ;.' � T{ ig'ii_�� � r Lti� f�� � ��' x�k f "`•r 1 `1 ,� .'� !V' N �'n �. . +t a. .Z T'_!. 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M 4�A h ,°fie c r } r - FUTURE MONITORING WELL LOCATIONS CITY PARK (NEAR MERITAGE HOMES) Legend Q Future Meritage Homes Wells Short _Term Phasell_GlenLoma • Current Monitoring Well Locations SCRWA- Existing Pipeline Alignment ■ Phase 2 Pipeline Alignment VdS '7�S,t •s � .. :ter f - tr r 7' '�F. r?"'.% i Sd -,- r a •� �., W��., 4y ^•i � ~ -T ��•os� « � � War � i It Irk, o g� - r dOVe C C� �� .. fat � a' • a A m T i f. n = ,�.: � x�• ., 11 Ski ,! -�•� '` ' � �' -. t ' F Y 8081`$022 �* `�� r' 'c: rYt ' T�%,� �� � ,"`• and MW-CH4 r' ;.' ,.�. r ^�.••.. -_' 'h+. � �:>� ti '`"! +,1� � 'lit - . t . N a • 4 kts :�L ! Fes,' 71x. -+� _ v'� -.7iq' ' � Y K I. r kl-4� 1 50 s FUTURE MONITORING WELL LOCATION CHRISTMAS HILL PARK (ONE SHALLOW WELL) Legend © Future Christmas Hill Park Well Short _ Term_Phasell_GlenLoma e Current Monitoring Well Locations SCRWA- Existing Pipeline Alignment a a' ® s Phase 2 Pipeline Alignment Client#: 1434 CALENGINE ACORDrr CERTIFICATE OF LIABILITY INSURANCE DATE(MMONYYY) IF 10105_/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the polioy(les) must be endorsed. if SUBROGATION IS WANED, subject to the terms and conditions of the pollcy,.certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ROCT Doris A. Chambers Dealey, Renton & Associates PNO N . 510 465 -3090 ac Na 510452 -2193 P. O. Box 12675 EaLaL EN: dchambers@dealeyrenton.com Oakland, CA 946042675 DpMp�E T PREMISES rrrence _ _ -$1 OOO OOO 510 465 -3090 David C. Eckman INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A, Travelers- Indemnity Co, of Conn 25682 INSURED WSURRERR a National Union Fire Ins Co Pitt s4.000,000 Cal Engineering &Geology, Inc. INSURER c American Automobile Ins. Co. - 21849 - 1870 Olympic Boulevard, #100 - - INSURER D: Terra Insurance Company — Walnut Creek, CA 94596 -5013 INSURER E: West American Insurance Co. X INSURER F: BAW1555902895 1101/2015 COVERAGES CERTIFICATE NUMBER: RFVLQLAN mumr -tFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADOLSU NUMBER POLO EFF p0 DY LIMITS A GENmALILIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X X 6809322LO28 9/01/2015 09101/201 EACH OCCURRENCE -s2,000,000 DpMp�E T PREMISES rrrence _ _ -$1 OOO OOO MED EXP one rson $1 0,000 PERSONAL &ADV INJURY s2,000,000 GENERAL AGGREGATE s4.000,000 GENL AGGREGATE LIMIT APPLIES PER: POLICY X PRO F7 LOC PRODUCTS - COMP /OP AGG s4,000,000 $ E ALITOMOBnF L.wstun' ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON-OWNED AUTOS X X BAW1555902895 1101/2015 01/01/201 O % E° SINGLE LIM 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) accident) $ X PROPERTY DAMAGE Par accident $ $ B X UMBRELLAL" EXCESS LJAB X OCCUR CLAIMS -MADE X X EBU020688070 0910112015 09/011201 EACH OCCURRENCE 0,000,000 AGGREGATE s3.000.000 DED I I RETENTION $ C WORKERS LM EMPLOYERS' UTY AND ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERIMEMBEi EXCLUDED?, � In yea. 011andatory � Itdescriundet DESCRIPTION OF OPERATIONS below N/A X W2P81023110 1/01/2015 01/01/201 X w csrAru On+ EL EACH ACCIDENT $1,000,000 L E DISEASE -EA EMPLOYEE $1,000.000 E.L. DISEASE - POLICY LIMIT $1,000,000 D Professional Liability 215221 1101/2015 12/31%201 5 $1,000,000 per Claim $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Sahadule, H more space Is required) EN GERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES. RE: project: SCRWA Monitoring Wells/CEG #150690 City of Gilroy is named as Additional Insureds to General Liability per policy form wording. City of Gilroy Attn: Engineering Division 7351 Rosanna Street Gilroy, CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED ®1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S14862051M1447510 OTMP1 POLICY NUMBER: 6809322LO28 COMMERICAL GENERAL LIABILITY ISSUE DATE: 09/01/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): CityofGilroy Attn: Engineering Division 7351 Rosanna Street Gilroy, CA 95020 PROJECT /LOCATION OF COVERED OPERATIONS: RE: project: SCRWA Monitoring Wells /CEG #150690 City of Gilroy PROVISIONS A The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part; but only with respect to liability for bod- ily injury", 'property damage" or 'personal injury caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf. a. In the performance of your ongoing oper- ations; In connection with premises owned by or rented to you; or C. In connection with your work and included within the "products - completed operations. hazard." Such person or organization does not qualify.as an additional insured for "bodily injury", "property damage" or "personal injury' for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services ". The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that'contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a contract or agreement requiring insurance that for the addi- tional insured shown-h the Schedule, the insur- ance provided to that additional 'insured under this CG D3 82 09 07 Page t © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share With the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for. which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D3 82 09 07 Page 2 © 2007 The Travelers Companies. Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission