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HomeMy WebLinkAboutSCVWD - 2013 Agreement for Ronan Channel Trail - Amendment No. 2SCVWD ENACTED COPY Contract Administration urlw AGMT: 3 ?/ FILE: AMENDMENT NO. 2 TO THE CLEAN, SAFE CREEKS AND NATURAL FLOOD PROTECTION PROGRAM AGREEMENT NO. A371 OR BETWEEN THE SANTA CLARA VALLEY WATER DISTRICT AND THE CITY OF GILROY This Amendment No. 2 (Amendment), effective as of the date it is fully executed by the Parties, amends the terms and conditions of the 2013 Clean, Safe Creeks and Natural Flood Protection Program Comprehensive Stewardship Grant Program Agreement—No. A371 OR (Agreement) dated January 29, 2014 by and between the SANTA CLARA VALLEY WATER DISTRICT (District) and CITY OF GILROY (Grantee), collectively, the "Parties ". RECITALS WHEREAS, the Agreement provides for the Grantee to receive up to $190,000 in 2013 Comprehensive Stewardship Grant Program funding for the Ronan Channel Interim Trail Project — Phase I (Project); and WHEREAS, the Grantee has not yet invoiced or received any of the Project Grant Amount; and WHEREAS, per Amendment 1, the Agreement's expiration date was extended from June 30, 2016 to December 31, 2017; however, despite Grantee's good faith efforts to complete the project on time, circumstances beyond its control will not allow it to do so; and WHEREAS, the Parties now desire to extend the term of Agreement for an additional twelve months with a revised Agreement expiration date of December 31, 2018; and WHEREAS, the Parties agree an Agreement expiration date of December 31, 2018, is necessary in order to provide Grantee with sufficient time to complete the Project and it is in the public's best interest that the Project be completed. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein and notwithstanding anything to the contrary in the Agreement, Grantee and District hereby agree as follows: 1. Section 2. General Provisions H. Agreement Term. is hereby revised to replace the current expiration date of December 31, 2017, with a revised expiration date of December 31, 2018. 2. Appendix B to the Agreement, Project Schedule, is amended to revise the schedule as set forth in Revised Appendix B, Project Schedule, attached hereto and incorporated herein by this reference. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Amendment No. 2 to Agreement A371 OR Clean, Safe Creeks and Natural Flood Protection Program Page 1 of 4 Ver. 11 -09-17 C14157 AMENDMENT NO.2 TO THE CLEAN, SAFE CREEKS AND NATURAL FLOOD PROTECTION PROGRAM AGREEMENT NO. A371 OR BETWEEN THE SANTA CLARA VALLEY WATER DISTRICT AND THE CITY OF GILROY 3. Section 4. Miscellaneous Provisions B. 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 Norma Camacho, To Grantee: Gabriel Gonzalez SCVWD: Chief Executive Officer City Administrator Santa Clara Valley Water District City of Gilroy 5750 Almaden Expressway 7351 Rosanna Street San Jose, CA 95118 -3686 Gilroy, CA 95020 E -mail: ran II ater.o Phone: 408 846 -0203 Contact: Sherilyn Tran Grantee David Stubchaer Interim Supervising Program Administrator Contact: Interim City Engineer Santa Clara Valley Water District City of Gilroy 5750 Almaden Expressway 7351 Rosanna Street San Jose, CA 95118 Gilroy, CA 95020 Phone: (408) 630 -2772 Phone: (408) 846 -0275 E -mail: grants0vallevwater.orc Email: David .Stubchaer[8tc1.gi1rov.ca.us 4. All other terms and conditions of the Agreement not revised as stated herein remain in full force and effect. (SIGNATURES FOLLOW ON NEXT PAGE) Amendment No. 2 to Agreement A371 OR Clean, Safe Creeks and Natural Flood Protection Program Page 2 of 4 Ver. 11 -09-17 C14157 AMENDMENT NO. 2 TO THE CLEAN, SAFE CREEKS AND NATURAL FLOOD PROTECTION PROGRAM AGREEMENT NO. A371 OR BETWEEN THE SANTA CLARA VALLEY WATER DISTRICT AND THE CITY OF GILROY IN WITNESS WHEREOF, the parties have executed this Amendment No. 2 to Agreement No. A371 OR and agree its term commences on date signed below. CITY OF GILROY GABRIEL GONZALEZ City Administrator Dated: i SANTA CLARA VALLEY WATER DISTRICT e zi 0-4k Po r N. N RMA J. CAMACHO Chief Executive Officer Dated: 1 a f 19 f ' 1.01 -7 APPROVED AS TO FORM: CITY ATTORNEY Legal Counsel Dated: Z r (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Amendment No. 2 to Agreement A371 OR Clean, Safe Creeks and Natural Flood Protection Program Ver. 11 -09-17 C14157 Page 3 of 4 AMENDMENT NO.2 TO THE CLEAN, SAFE CREEKS AND NATURAL FLOOD PROTECTION PROGRAM AGREEMENT NO. A371 OR BETWEEN THE SANTA CLARA VALLEY WATER DISTRICT AND THE CITY OF GILROY REVISED APPENDIX B PROJECT SCHEDULE Ronan Channel Interim Trail Project -Phase 1 -- - - - - - - --- - - - - -- -- -- - - - Item Start Date Duration End Date _ Task 1 - Design - - mpl Coeted 6/30/16 Task 2 - Bid/Award 8/28/17 3.5 months 12/4/17 Task 3 - Construction . 3/15/18 5_months _ 8/15/18 Task 4 - Closeout 8/15/18 2.5 months 12/31/18 Amendment No. 2 to Agreement A371OR Clean; Safe Creeks and Natural Flood Protecdon Program Page 4 of 4 Ver. 11 -09 -17 C14157