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HomeMy WebLinkAboutSCVWD - 2013 Agreement for Ronan Channel Trail - Amendment No. 3SCVWD ENACTED COPY Contract Administration Unit AGMT: A*3'41b%C FILE: P I A AMENDMENT NO. 3 TO THE CLEAN, SAFE CREEKS AND NATURAL FLOOD PROTECTION PROGRAM AGREEMENT NO. A371OR BETWEEN THE SANTA CLARA VALLEY WATER DISTRICT AND THE CITY OF GILROY This Amendment No. 3 (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 Comprehensive Stewardship Grant Program Agreement A371 OR (Agreement) dated January 29, 2014, between SANTA CLARA VALLEY WATER DISTRICT (District) and CITY OF GILROY (Grantee), collectively, the Parties. RECITALS WHEREAS, the Agreement provides for the Grantee to receive a grant amount of $190,000.00 from the 2013 Comprehensive Stewardship 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 No. 2, the Agreement's expiration date was extended to December 31, 2018; and WHEREAS, Despite the Grantee's good faith and efforts to complete the Project on time, circumstances beyond its control will not allow it to do so; and WHEREAS, the Grantee experienced delays in permitting which has altered the project schedule and pushed construction work beyond the expiration date and requests an extension of the term of Agreement by an additional twelve months with an expiration date of December 31, 2019, to provide sufficient time to complete the Project; and WHEREAS, furthermore, the Grantee's original Landscaping and Wayfinding Design task involved native plantings and installing interpretive/informational signage along the proposed trail. District staff reviewed the Project plan and determined that the City should not perform the planting portion of the scope of work since the Project lies within the District's fee title land. However, the Grantee will still complete the interpretive/informational signage installation, but the signs will be placed during the construction phase; and WHEREAS, the Grantee request to re -allocate all the Landscaping and Wayfinding Design Task budget to the Construction Task and this re -allocation will not affect the Project Grant Amount; and WHEREAS, the Grantee has the dedicated human and financial resources to advance the Project; and 2013 Clean, Safe Creeks and Natural Flood Protection Program SCVWD/City of Gilroy — Ronan Channel Interim Trail Project — Phase 1 Amendment No. 3 to Agreement A371 OR C14187 Page 1 of 6 AMENDMENT NO. 3 TO AGREEMENT A371 OR WHEREAS, the District and the Grantee seek to update the contact information in the Agreement. NOW, THEREFORE, in consideration of the mutual promises and agreements stated herein and notwithstanding anything to the contrary in the Agreement, Grantee and the District hereby agree to amend the Agreement as follows: Section 2. General Provisions. H. Agreement Term., Paragraph 1, is amended by replacing the current expiration date of "December 31, 2018", with "December 31, 2019". 2. Revise Appendix A (Project Scope) as follows: Section A. General Description, 1. Specific Description of Project Tasks: Delete "native planting and" and "and landscaping" from the third sentence. Section A. General Description, 9. All Proposed Project improvements: Delete "native planting and" from the first sentence, and delete the entire last sentence. iii. Section A. General Description, 11. Plans for Project Operation and Maintenance: Delete "Planting areas adjacent to the trail will be restored with native plantings, and" from the second sentence. Delete "and landscaping" from the third sentence. iv. Section B. Tasks and Subtasks: Delete "6. Landscaping: January 2015 through August 2015". 3. 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. 4. Appendix C to the Agreement, Project Budget, is amended to revise the budget as set forth in Revised Appendix C, Project Budget, attached hereto and incorporated herein by this reference. The increase to the Construction Task is to shift the wayfinding (interpretative/informational signage) costs to the construction phase and use the landscaping costs to cover a portion of the increase in construction costs. 5. Section 4. Miscellaneous Provisions. B. Notices, is deleted in its entirety and replaced with the following: 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: 2013 Clean, Safe Creeks and Natural Flood Protection Program SCVWD/City of Gilroy — Ronan Channel Interim Trail Project — Phase 1 Amendment No. 3 to Agreement A371 OR C14187 Page 2 of 6 AMENDMENT NO. 3 TO AGREEMENT A371 OR To Rick Callender To Gabriel Gonzalez SCVWD: Chief of External Affairs Grantee: City Administrator Santa Clara Valley Water District City of Gilroy 5750 Almaden Expressway 7351 Rosanna Street San Jose, CA 95118-3686 Gilroy, CA 95020 Phone: (408) 846-0203 Contact: Sherilyn Tran Program Administrator Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118 Phone: (408) 630-2772 E-mail: Grantsa-vallevwater.oro Grantee Nirorn Than Contact: Engineer City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Phone: (408) 846-0275 E-mail: Nirorn.Than(a.ci.oilrov.ca.us 6. All other terms and conditions of Agreement No. A371 OR, not amended as stated herein, remain in full force and effect. (SIGNATURES FOLLOW ON NEXT PAGE) 2013 Clean, Safe Creeks and Natural Flood Protection Program SCVWD/City of Gilroy — Ronan Channel Interim Trail Project — Phase 1 Amendment No. 3 to Agreement A371 OR C14187 Page 3 of 6 AMENDMENT NO. 3 TO AGREEMENT A371 OR IN WITNESS WHEREOF, THE PARTIES HAVE SET FORTH BELOW THEIR CONSENT TO THE TERMS AND CONDITIONS OF THIS AMENDMENT NO. 3 TO AGREEMENT NO. A371 OR THROUGH THE SIGNATURES OF THEIR DULY AUTHORIZED REPRESENTATIVES. The City of Gilroy "Grantee" Gabriel Gonzalez Date City Administrator APPROVED AS TO FORM: Legal Counsel Date SANTA CLARA VALLEY WATER DISTRICT "District" October 23, 2018 Norma J./am hoDate Chief Executive Officer (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 2013 Clean, Safe Creeks and Natural Flood Protection Program SCVWD/City of Gilroy — Ronan Channel Interim Trail Project— Phase 1 Amendment No. 3 to Agreement A371 OR C14187 Page 4 of 6 m N a C° i O O d LO a 'o rn c a ca r a- -Sc o—� L M Z U c in�2 a U L o w M O O mU m M (D � tU) 5 (yN�.. ' Q W } A » �-r-1 - - - - �a s' Z d: N41 l V 8 e o } q o o U 8 a 8 a 8 0 0 L 1 0 o Ip�1 0i Q w O CIO ct in W «_ _ » N N N60.�. Ga. m 8 1 .0 58� 1n � �o o� W � ~da 03+ cn O « N N N N N «NNNNN W CL L CC111 aNNN Qi CD 8 8 8 8a N a 6 �85t 8ft o Ent CD NNN N NM NNN MNNNN MMNMN N O Q� (A` ccu! a __ 3 2E • 77 `J �JJJ `J {J C N S S N g�q `Fo{ 0 5pp 0= • N 7 7 7 U- C O ca dca N Zed coo o w n N Q CL ) O O E n ) C M z ' $ n O O u �{ o E z o a 3CO Nr n a Y a @ M N .syL�, 3s 8 q 5• oU E Oa d wu a i3 O l3 0 O� t9 N U)Q U AMENDMENT NO. 3 TO THE CLEAN, SAFE CREEKS AND NATURAL FLOOD PROTECTION PROGRAM AGREEMENT NO. A371OR BETWEEN THE SANTA CLARA VALLEY WATER DISTRICT AND THE CITY OF GILROY This Amendment No. 3 (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 Comprehensive Stewardship Grant Program Agreement A371 OR (Agreement) dated January 29, 2014, between SANTA CLARA VALLEY WATER DISTRICT (District) and CITY OF GILROY (Grantee), collectively, the Parties. RECITALS WHEREAS, the Agreement provides for the Grantee to receive a grant amount of $190,000.00 from the 2013 Comprehensive Stewardship 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 No. 2, the Agreement's expiration date was extended to December 31, 2018; and WHEREAS, Despite the Grantee's good faith and efforts to complete the Project on time, circumstances beyond its control will not allow it to do so; and WHEREAS, the Grantee experienced delays in permitting which has altered the project schedule and pushed construction work beyond the expiration date and requests an extension of the term of Agreement by an additional twelve months with an expiration date of December 31, 2019, to provide sufficient time to complete the Project; and WHEREAS, furthermore, the Grantee's original Landscaping and Wayfinding Design task involved native plantings and installing interpretive /informational signage along the proposed trail. District staff reviewed the Project plan and determined that the City should not perform the planting porion of the scope of work since the Project lies within the District's fee title land. However, the Grantee will still complete the interpretive /informational signage installation, but the signs will be placed during the construction phase; and WHEREAS, the Grantee request to re- allocate all the Landscaping and Wayfinding Design Task budget to the Construction Task and this re- allocation will not affect the Project Grant Amount; and WHEREAS, the Grantee has the dedicated human and financial resources to advance the Project; and 2013 Clean, Safe Creeks and Natural Flood Protection Program SCVWD /City of Gilroy - Ronan Channel Interim Trail Project - Phase 1 Amendment No. 3 to Agreement A371 OR C14187 Page 1 of 6 AMENDMENT NO. 3 TO AGREEMENT A371 OR WHEREAS, the District and the Grantee seek to update the contact information in the Agreement. NOW, THEREFORE, in consideration of the mutual promises and agreements stated herein and notwithstanding anything to the contrary in the Agreement, Grantee and the District hereby agree to amend the Agreement as follows: Section 2. General Provisions. H. Agreement Term., Paragraph 1, is amended by replacing the current expiration date of "December 31, 2018 ", with "December 31, 2019 ". Revise Appendix A (Project Scope) as follows: Section A. General Description, 1. Specific Description of Project Tasks: Delete "native planting and" and "and landscaping" from the third sentence. ii. Section A. General Description, 9. All Proposed Project improvements: Delete "native planting and" from the first sentence, and delete the entire last sentence. iii. Section A. General Description, 11. Plans for Project Operation and Maintenance: Delete "Planting areas adjacent to the trail will be restored with native plantings, and" from the second sentence. Delete "and landscaping" from the third sentence. iv. Section B. Tasks and Subtasks: Delete "6. Landscaping: January 2015 through August 2015 ". 3. 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. 4. Appendix C to the Agreement, Project Budget, is amended to revise the budget as set forth in Revised Appendix C, Project Budget, attached hereto and incorporated herein by this reference. The increase to the Construction Task is to shift the wayfinding (interpretative /informational signage) costs to the construction phase and use the landscaping costs to cover a portion of the increase in construction costs. 5. Section 4. Miscellaneous Provisions. B. Notices, is deleted in its entirety and replaced with the following: 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: 2013 Clean, Safe Creeks and Natural Flood Protection Program SCVWD /City of Gilroy — Ronan Channel Interim Trail Project — Phase 1 Amendment No. 3 to Agreement A371 OR 014187 Page 2 of 6 AMENDMENT NO. 3 TO AGREEMENT A371 OR To Rick Callender To Gabriel Gonzalez SCVWD: Chief of External Affairs Grantee: City Administrator Santa Clara Valley Water District City of Gilroy 5750 Almaden Expressway 7351 Rosanna Street San Jose, CA 95118 -3686 Gilroy, CA 95020 Phone: (408) 846 -0203 Contact: Sherilyn Tran Grantee Nirorn Than Program Administrator Contact: 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: Grants(a)valleywater.org E -mail: Nirorn.Than(cDci. ilroy.ca.us 6. All other terms and conditions of Agreement No. A371 OR, not amended as stated herein, remain in full force and effect. (SIGNATURES FOLLOW ON NEXT PAGE) 2013 Clean, Safe Creeks and Natural Flood Protection Program SCVWD /City of Gilroy — Ronan Channel Interim Trail Project — Phase 1 Amendment No. 3 to Agreement A371 OR C14187 Page 3 of 6 AMENDMENT NO. 3 TO AGREEMENT A371 OR IN WITNESS WHEREOF, THE PARTIES HAVE SET FORTH BELOW THEIR CONSENT TO THE TERMS AND CONDITIONS OF THIS AMENDMENT NO. 3 TO AGREEMENT NO. A371 OR THROUGH THE SIGNATURES OF THEIR DULY AUTHORIZED REPRESENTATIVES. The City of Gilroy "Grantee" Gabriel Gonzalez City Administrator APPROVED AS TO FORM: IS-iL - Legal Counsel SANTA CLARA VALLEY WATER DISTRICT "District" Norma J. Camacho Chief Executive Officer 91,1:z1, kq- Date Date Date 7 1 q --)- / I <�X (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 2013 Clean, Safe Creeks and Natural Flood Protection Program SCVWD /City of Gilroy — Ronan Channel Interim Trail Project — Phase 1 Amendment No. 3 to Agreement A371 OR C14187 Page 4 of 6 w C) ti Q Z w W W Q O F- M O Z H Z W Z w Q 071 l 0 Z LU a- a W _Ln W W J D C, W U Co U W IL J J W Z Z Q U Z Q Z w a� N L Ea o) d- o ca o -� lL C O j a M Z c U c m M a0 v�¢ 20 0 Ur M z m U aa) U�E M C m N U) (D O a) C) r 00 V U i s 0 �a k u � n { i 8 v T e 4 C a vvvlll s 8 Q � s � l" p'; T" p' r, p'1 a,. a� N L Ea o) d- o ca o -� lL C O j a M Z c U c m M a0 v�¢ 20 0 Ur M z m U aa) U�E M C m N U) (D O a) C) r 00 V U U X W Zp W ::) am a� �U Q W n ui p w46 a w N W� F C X F3 F ��}• j 1M1 II: 3 ppp� 1 N N » 1 pq¢ i i i c 1 Q ¢$ o o N M N w w N» CE Q C u o a ci m » « N Cc, N o�NO N 41 « 8 0 N N N N N N N N M M M N» M» M N M M N M N M N u m � N N N q p o 4 � N M M O M N N M N N M N M N N N N 2a d d a qo qmq a w �3. >•. ��cj C • J � J J � J 9 J o� 088 N d O CL V - E z ? cE d E � u 0 u = 6 B NUl,�i is �� q a �u� J � � o`u� Li o ti �• U) N a C° E 006 CO Q) A` L •o CD c d co O — U � O M •C O C � LL N O — C r 12 C � O M mU¢ Z c c d N � � Q L Q Q Ui Cl) cu N. � Z mU N M N C'4 u Q U (MR11FICATE OF COVERAGE' NAM AND ADDRESS OF AGFNCY: ORGANUAT11-1, AFF0RF)TNG_(;0v4m Mur,idpal, P=ing Ati"'[Thiont-yr "-f Nwortthern Califo,-Inrrt-ml California P.O. Rox 57 Walnut Creek, CA 94596 (925) 943 -11.00 FAX (925), 9460A 183 .. .. ....... NAME AND ADDRES$ OF COVERED ENTITY: City of G! Ircy LeeAmi McPhillips HR/Risk Mgmt Dept, 735' Rocam Rrept Gilroy, CA, 95,020 y .. ... ... ... .... . ............. _ ..... ... ............... .. ...... .... ...... . ..... ........ ....... .. . ...... m(plirmlem, tiorm cr miditicti .If iry! (maract Or I)OWN !j()(:Ur"Pfv. kmw ms(.ecx to vAlfc) this wrifIcate ma,/ Is"."uc-A cr rrla p-ruln, me affordel t)y heffirl is Sub) e_l r) III ul? VW.16, exclus'Oni", ard mo ;lit m' (,,I mverag�- -�qj,,_'.,meits. .......... ..... TYPE OF COVEMmiGE COVERAGE AGREEIMEN4 "a COVERAGE AGREEMENT LIMITS OF' sABILITY N, per accurrenm Generall Liability MPA.18-11.9 6130/2019 Bodily I)1jLIrV, PrOPCITy Min,age, ftx.salla hjury Auto Lialbilibj MPAIS-19 Auto MPA18-19 antY romIzebon. Vilorkers' Compensation and Empiokjers Liablfiihr MPA18-19 6/3012019 Q13012019 BWily hijury, Dawage, Personal Injun; Umbined S1,000,0c0 $3,00 Deduclible $2,000 All Other Vchi&,s Limit of Labillily — $250,000 SIR $500,000 6/30/2019 Wolkels, Urplayn-N Wabfk .... ... . .. ................ .... ....... Description o f Items; .. ....... . ........... ...... ........................ ... . . .......... .. ................ .......... .... ........ . .. . ............ ........... ... ........... . . . ... ... .. . ........... ..... . .... . ...... __ ................ . ... . . ... This certificate shall serve as proof that the City of Gilroy is covered for Genet-at and Auto Liability, Auto Collision and ker!!' Cnnjrsa ,r)n,tjC%.r tyjr»vmh }ha tAlmirimJ 0nI)tlnrs A04%rwih; tmrfw tt�n nt-Air fivxr it-, n -)rttip. S.�. T-1 71_1�0 jkzirw,t . to the Memorandum of Coverage terms, conditions, and exclusions, ........ ....... . - .. .... Cafa _�:Ijakitnov thould any or thIc'. dv;cribad <uve.' i'e "igmHawols be caw::caled thn iA1.4 s ;:or pmv "'AM ox.fim"'or t') 11I;W If ' 'mv .i ll; I:— •)rams <,r ....... ....... .............. ..... ­­ . ................ . ..... ......... ..... ...... ........ .................... ........ .. ......................... . .......... .. ... ... ... ; r nian.�� z;w! adlarz;L.'4: .ERTIFTICATF HOLDER. ,Xy of Gilroy 72SI Stf(2­1 Gilroy, CA 94120 . . . . . . ......... W� 2_3i)c) 61 16 FY U., manaa r uettificke r,VJ•(aj)aj'Qd fly: 1111.) O 44 4-J .4j 0 0 04 En 0 0) (n 7 is z H Q) 0 H #3 rX4 C4 a) a) Cl) 54 14 (d 0 0 Qi 0 E-i W V 0 H 0 fvo P U) 0 ll V) (1 U) 1-4 0 Ili 0 .o Ll I 0 0 k 4-i 0 0 a) 0 ul ;.j 4.) V4 oa F, 44 U) VN 0 E-4 rj) u 4-) 4J W (0 4 C) (1) M >1 u U) o -P Ord 4. (1) 44 r04 0 r- 0 co 0 rA d ti > s -x � �- �. � ,,z �},�t• , •, u�yw. � ,�¢ t }.�'' 'o d�! �a /� dd /1 ± y �{ r9�Jy�l�{r � 1 I ,%(� �+ yj��'�' �/ This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the Liability Memorandum of Coverage, This is to certify that the coverage listed above has been Issued to the Covered Party named above for the coverage period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The coverage afforded as described herein is subject to all the terms, exclusions, and conditions of the Liability Memorandum of Coverage of the Covered Party named above: as well as to all the terms, exclusions, and conditions of the Liability Memorandum of Coverage of the California Affiliated Risk Management Authorities, which are available for your review upon request. Coverage is In effect from 12:01 a.m. Pacific Time of effective date to 12:01 a.m. Pacific Time of expiration date as stated above and will not be canceled, limited, or allowed to expire except upon 30 -day notice to the certificate molder. Date Issued: 6/22/2018 Renewal: Yes Underlying Certificate lssued: No _ Authrcrized Representative Signature: fug- /GG4� 32704543 CAWIA 1 19/19 cc $5MM L'_MM I Angela ;rear 1 0/22/2010 11:95:07 AM (PUT) I page 1 oe 1 This ce.r.. Eieatr. eanc.b; and nuperneder. ALT. previously iusued cexti:icacea. California Affiliated Risk Management AutCllcrities 1750 Creekside Oaks Drive, Suite 200, Sacramento, CA 95833 916- 244 -1100 carmacerts @bick nore.iiet Liability Certificate of Coverage Evidence of Coverage Certificate Number: 42704543 Certificate Holder: Union Sank, as Trustee Attn: Corporate Trust Department 350 California Blvd, 11 th Floor San Francisco, CA 94104 Covered Party: MPA -City of Gilroy Description of As respects evidence of coverage for the City of Gilroy 2010 Refunding Bond Anticipation Notes and Gilroy Covered Activity: 2010 Lease Refunding Bonds. Memorandum of Coverage Number: CARMA 2018 -GL Effective Date: 7/1/2.018 Expiration Data: 711/2019 Limits: $5,000,000 (per occurrence) Excess of: $1,000,000 The Following General and automobile liability as defined in the Memorandum of Coverage on file with the covered party Coverage is In named above. effect: This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the Liability Memorandum of Coverage, This is to certify that the coverage listed above has been Issued to the Covered Party named above for the coverage period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The coverage afforded as described herein is subject to all the terms, exclusions, and conditions of the Liability Memorandum of Coverage of the Covered Party named above: as well as to all the terms, exclusions, and conditions of the Liability Memorandum of Coverage of the California Affiliated Risk Management Authorities, which are available for your review upon request. Coverage is In effect from 12:01 a.m. Pacific Time of effective date to 12:01 a.m. Pacific Time of expiration date as stated above and will not be canceled, limited, or allowed to expire except upon 30 -day notice to the certificate molder. Date Issued: 6/22/2018 Renewal: Yes Underlying Certificate lssued: No _ Authrcrized Representative Signature: fug- /GG4� 32704543 CAWIA 1 19/19 cc $5MM L'_MM I Angela ;rear 1 0/22/2010 11:95:07 AM (PUT) I page 1 oe 1 This ce.r.. Eieatr. eanc.b; and nuperneder. ALT. previously iusued cexti:icacea.