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
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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
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(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
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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
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.ERTIFTICATF HOLDER.
,Xy of Gilroy
72SI Stf(21
Gilroy, CA 94120
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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.