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SCVWD - Uvas Creek Levee Trail Repair Reimbursement (2019)
AGREEMENT BY AND BETWEEN THE CITY OF GILROY AND SANTA CLARA VALLEY WATER DISTRICT FOR COST REIMBURSEMENT FOR PERFORMING TRAIL REPAIRS AT UVAS CREEK LEVEE FROM MILLER AVENUE TO GILROY SPORTS PARK, ENCOMPASSING PORTIONS OF APNs 799-30-002, 799-36-008, 799-36-006, 799-36-004, 799-44-108, and 808-21-021, AND TREE REMOVAL MITIGATION (UVAS CREEK LEVEE REHABILITATION PROJECT, MILLER AVENUE TO GILROY SPORTS PARK) THIS AGREEMENT is made and entered into this 4th day of September, 2019, by and between the CITY OF GILROY, a California charter city and municipal corporation, whose address is 7351 Rosanna Street, Gilroy, CA 95020, hereinafter referred to as "CITY" and the SANTA CLARA VALLEY WATER DISTRICT, a California Special District, whose address is 5750 Almaden Expressway, San Jose, CA 95118, hereinafter referred to as "VALLEY WATER". RECITALS WHEREAS, VALLEY WATER and CITY entered into a Joint Use Agreement on May 16, 2005 that allows the CITY to use the Uvas Creek Levee facility for bicycle and pedestrian trail access with the provision that VALLEY WATER shall be able to maintain, repair or restore the levee facility, whereby restitution of the trail facility as a result of incidental damage from VALLEY WATER's maintenance activities shall solely be borne by the CITY. WHEREAS, VALLEY WATER is undertaking the Uvas Creek Levee Rehabilitation Project from 1,100 feet southerly of Miller Avenue downstream to 2,000 feet southerly of West Luchessa Avenue, hereinafter referred to as PROJECT (Exhibit A), to restore the levee's structural integrity and prevent future animal damage to the levee from burrowing animals. WHEREAS, CITY confirms that extensive cracks within the trail exists along the Uvas Creek Levee from Miller Avenue downstream to 1,600 feet southerly of West Luchessa Avenue hereinafter referred to as "CITY's Trail Repair Limits". CITY requests VALLEY WATER design and construct the trail repairs within the CITY's Trail Repair Limits as part of VALLEY WATER'S PROJECT. WHEREAS, it is in the public's best interests to achieve the economic benefits and efficiencies resulting from combining the design and construction of the Parties' public improvement projects; and WHEREAS, VALLEYWATER is willing to include the CITY's trail repairs in its PROJECT, at CITY'S expense and in accordance with the terms and conditions set forth in this AGREEMENT. NOW, THEREFORE, in consideration of their mutual agreements, and subject to the terms, conditions, and provisions hereinafter set forth, the parties hereto agree as follows: AGREEMENT 1. INCORPORATION OF RECITALS 1.1. The recitals set forth above are incorporated by this reference. 2. SCOPE OF WORK Rev. 080219 Page 1 of 13 2.1. "CITY'S Trail Repair Improvements" consist of the following items: 1) Removing asphalt concrete; 2) Replacing asphalt concrete; 3) Grouting existing cracks when structurally acceptable and; lastly 4) Slurry sealing and Striping. 2.2. In order to implement the construction contract, six (6) trees within CITY's right of way ("CITY trees") and twenty-three (23) trees within VALLEY WATER's right of way ("Valley Water trees") were required to be removed from the outboard side of the levee, with Valley Oak and Coast Live Oak tree species removed ranging in tree diameter sizes of 6-inches to 31-inches. Reference is made to D-Sheets of Exhibit A for location of where trees were removed. 2.2.1. As part of the CITY's tree removal permit condition, CITY required VALLEY WATER to replace the CITY trees through re -planting and establishment of City -approved tree species, using 15-gallon container plants, and CITY directed VALLEY WATER's CONTRACTOR to plant replacement trees close to where the CITY trees were originally removed, but at least fifteen feet setback from the outboard toe hinge of the levee or at CITY -approved locations. 2.2.2. For the twenty-three (23) Valley Water trees, the CITY does not require tree - replacement mitigation, but instead requires VALLEY WATER to pay the CITY directly an in -lieu -fee of $31,600, so that the CITY can plant replacement trees at the desired and appropriate locations within CITY jurisdiction. 3. TERM OF AGREEMENT 3.1. This Agreement is effective upon its execution. The term of the Agreement shall continue and terminates upon PROJECT acceptance by both CITY or VALLEY WATER and re -opening of the trail, but under no circumstance will the term of the Agreement continue later than June 30, 2020, unless requested by VALLEY WATER as set forth in section 4.1.11. below. 4. OBLIGATIONS OF THE PARTIES 4.1. VALLEY WATER: 4.1.1. VALLEY WATER agrees to administer, design, and contract for the construction of its PROJECT, including the CITY'S Trail Repair Improvements described in Section 2. SCOPE OF WORK, above, and to coordinate with appropriate local, state, federal, and regulatory agencies, regarding any permits or approvals for PROJECT. 4.1.2. VALLEY WATER agrees that design and project managerial costs for implementation of the trail repairs shall solely be borne by VALLEY WATER as part of VALLEY WATER's good faith effort to work with the CITY. 4.1.3. VALLEY WATER will contract for construction of the PROJECT using the lowest responsive bidder hereinafter referred to as CONTRACTOR. 4.1.4. VALLEY WATER shall construct each trail repair item in coordination with and with direction from the CITY'S designee to proceed with construction as to where the repairs shall be implemented. VALLEY WATER shall perform all PROJECT Rev. 080219 Page 2 of 13 4.2 construction, repair, and improvements, and all duties under this Agreement in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. 4.1.5. VALLEY WATER, as the Lead Agency for its PROJECT pursuant to the requirements of the California Environmental Quality Act (CEQA), will proceed with construction of its PROJECT and the CITY's Trail Repair Improvements under the VALLEY WATER's Final Initial Study and Negative Declaration Report (IS/ND) dated July 2018, certified by the VALLEY WATER's Board of Directors on July 10, 2018, and permits, if authorized by appropriate regulatory agencies. VALLEY WATER shall ensure that its obligations are met as Lead Agency under CEQA. 4.1.6. VALLEY WATER will use its best efforts for the CITY's Trail Repair Improvements to be constructed prior to June 30, 2020. If VALLEY WATER and CITY determine this schedule cannot be met, the Parties will negotiate a revised schedule for performance and execute an amendment to this Agreement. If the Parties cannot agree on a revised schedule of performance, then the Agreement may be terminated in accordance with Section 8. TERMINATION of this Agreement. 4.1.7. In the event the regulatory agency permits are not obtained, VALLEY WATER is not required to execute the PROJECT nor CITY'S Trail Repair Improvements. 4.1.8. VALLEY WATER will commence invoicing the CITY for performance of the trail repairs, upon signing of this Agreement by both parties. 4.1.9. VALLEY WATER's CONTRACTOR shall be responsible for the plant establishment of the six (6) trees VALLEY WATER planted to replace the six (6) City trees VALLEY WATER removed from the outboard side of the levee, up to final inspection and acceptance of installation by the CITY, which final inspection will be performed by CITY one (1) year after VALLEY WATER's completion of re- planting and establishment. 4.1.10. VALLEY WATER shall pay the CITY directly an in -lieu -fee of $31,600 to mitigate twenty-three (23) Valley Water trees removed from the outboard side of the levee. 4.1.11. VALLEY WATER shall notify the CITY should additional time be required for the PROJECT that extends June 30, 2020 via written communications. CITY: 4.2.1. CITY shall ensure its obligations are met as Responsible Agency under CEQA. 4.2.2. CITY shall promptly review VALLEY WATER'S design documents prepared for public bidding and award, and provide input to VALLEY WATER confirming acceptance of the design documents prior to VALLEY WATER proceeding with advertisement and bidding. 4.2.3. CITY shall reimburse VALLEY WATER within 30 days of receipt of VALLEY WATER's invoice(s) for construction of CITY Trail Repair Improvements that are satisfactorily completed as reasonably determined by CITY, including associated Rev. 080219 Page 3 of 13 contingencies and construction management fees, up to a total sum for all invoices of $270,000. 4.2.4. CITY shall provide final inspection of PROJECT improvements for CITY's Trail Repair Improvement Items 1, 2, 3 and 4, upon completion, and shall provide VALLEY WATER written acceptance of all such trail improvements satisfactorily completed, as reasonably determined by CITY. 4.2.5. CITY shall become owner of PROJECT improvements accepted in accordance with section 3.1. and 4.2.4. above, for CITY's Trail Repair Improvement Items 1, 2, 3 and 4, upon acceptance, and shall operate, maintain, and be responsible for such trail improvements consistent with the terms of the Joint Use Agreement by and between the CITY and VALLEY WATER dated May 16, 2005, for the Sports Park Levee Trail, Uvas Carnadero Creek. 4.2.6. One (1) year after completion of VALLEY WATER's re -planting and establishment, CITY shall provide final inspection of VALLEY WATER's re- planting and establishment of six (6) trees to replace City trees removed from the outboard side of the levee, and shall provide written acceptance for all tree - replanting installations satisfactorily completed, as reasonably determined by CITY. 5. COST -SHARING OF PROJECT 5.1. VALLEY WATER will advertise and publicly bid its PROJECT and include CITY'S Trail Repair Improvements as both "regular bid items" and "supplemental bid items" to ascertain the bidders' proposed price for this work. 5.2. CITY understands that upon VALLEY WATER's implementation of the construction contract with the CONTRACTOR, separate bid item costs will be used for each of said Items 1 to 4 and that re -adjustments to each bid item cost may be re -negotiated by the CONTRACTOR based on the actual quantity implemented for each item, as directed by the CITY, since bid quantity overruns or underruns from the original quantity can result in price amount changes for the bid items, but the total CITY reimbursement shall not exceed $270,000, including contingencies to address potential change orders and construction management fees. The construction management fees shall be a one-time fee of $15,000. 5.3. VALLEY WATER will provide to CITY for their approval the regular bid items and supplemental bid items pricing information for the CITY'S Trail Repair Improvements within seven (7) calendar days after VALLEY WATER'S public bid opening. 5.4. CITY shall determine if the costs for the regular bid items and supplemental bid items associated with the CITY's Trail Repair Improvements are acceptable. If the costs are acceptable, CITY will remit payment to VALLEY WATER as described above in Section 4. OBLIGATIONS OF THE PARTIES. 5.5. If CITY does not approve the contractor's costs for the regular bid items and supplemental bid items associated with the CITY'S Trail Repair Improvements, then VALLEY WATER will delete these regular bid items and supplemental bid items from its contract with its CONTRACTOR and this Agreement will be terminated pursuant to Section 8. TERMINATION. Rev. 080219 Page 4 of 13 6. INSURANCE AND INDEMNIFICATION 6.1. VALLEY WATER shall require its CONTRACTOR to secure and maintain in full force and effect at all times during construction of the PROJECT and until the PROJECT is accepted by VALLEY WATER, general liability and property damage insurance, business automobile insurance as set forth in Exhibit B, attached hereto and incorporated herein, in forms and limits of liability acceptable to both CITY and VALLEY WATER, naming CITY and VALLEY WATER and their respective directors, council members, officers, employees and agents all as additional insured from and against all damages and claims, loss, liability, cost or expense arising out of or in any way connected with the construction of PROJECT. 6.2. In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the parties pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but, instead, CITY and VALLEY WATER agree that, pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees, or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other party hereto, its officers, board members, employees, or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other party under this Agreement. The obligations set forth in this paragraph will survive termination and expiration of this Agreement. 7. ADDITIONAL PROVISIONS 7.1. The parties' waiver of any term, condition or covenant, or breach of any term, condition or covenant shall not be construed as a waiver of any other term, condition or covenant or breach of any other term, condition or covenant. 7.2. This Agreement contains the entire Agreement between CITY and VALLEY WATER relating to the cost sharing for the PROJECT. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 7.3. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on CITY and VALLEY WATER. 7.4. This Agreement shall be governed and construed in accordance with the laws of the State of California. In the event that suit is brought by either CITY or VALLEY WATER, each agrees that venue will be exclusively vested in the state courts of either the County of Santa Clara, or in the United States Court, Northern District of California, in San Jose, California. 7.5. This Agreement may be executed in counterparts, and all counterparts so executed together shall be deemed to constitute one and the same agreement, and each such Rev. 080219 Page 5 of 13 counterpart shall be deemed to be an original. Facsimile or electronic signatures shall have the same legal effect as original or manual signatures if followed by mailing of a fully executed original to both Parties. 7.6. All changes or extensions to this Agreement must be in writing in the form of an amendment and approved by both CITY and VALLEY WATER. 7.7. Both CITY and VALLEY WATER agree that each party's responsibilities as detailed herein have been determined in their mutual best interest toward accomplishing PROJECT completion. Without the written consent of the other, neither CITY nor VALLEY WATER will assign or transfer any interest in this Agreement or any of the obligations hereunder. Any unauthorized attempt by CITY or VALLEY WATER to assign or transfer will be void and of no effect. 7.8. This Agreement is entered into only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity, or person. 7.9. The parties hereto acknowledge and agree that, although this Agreement has been drafted by VALLEY WATER's legal counsel, CITY has had an opportunity to review and negotiate the terms of this Agreement as well as consult with CITY's own legal counsel regarding the meaning of its terms. Consequently, the doctrine that ambiguities in an agreement should be resolved against the drafting party shall not be employed in connection with this Agreement, and this Agreement shall be interpreted in accordance with its fair meaning. 8. TERMINATION 8.1. This Agreement can be terminated only prior to the award of a construction contract by VALLEY WATER for the PROJECT upon the mutual written consent and terms acceptable to both parties. 8.2. This agreement will expire on June 30, 2020, 9. OWNERSHIP AND MAINTENANCE 9.1. This Agreement does not change any authority or responsibility between VALLEY WATER and CITY with regard to maintenance, operation or future repair responsibility of the trail as set forth in the City of Gilroy Sports Park Levee Trail Uvas Carnadero Creek Joint Use Agreement. 10. NOTICES 10.1. Notices required under this Agreement may be delivered by first class mail addressed to the appropriate party at the following addresses: To Valley Water: Valley Water 5750 Almaden Expressway San Jose, CA 95118 Attn: Roger Narsim, Engineering Unit Manager To City of Gilroy: City of Gilroy Public Works Department Rev. 080219 Page 6 of 13 7351 Rosanna Street Gilroy, CA 95020 Attn: Girum S. Awoke, Public Works Director Rev. 080219 Page 7 of 13 IN WITKSS WHEREOF, the Parties have executed this Agreement by their duly authorized representatives. CITY OF GILROY, a California charter city and municipal corporation„ By: - Gabriel A. Gonzalez, City A inistrator ATTEST: :/ Freels, APPROVED AS TO CONTENT: Girum Awoke, Pub4e-W6f ks Director FINANCIAL APPROVAL: 91my Forbis, Finance Director APPROVED AS TO FORM: M-T- Andy Faber, City Attorney Rev. 080219 Page 8 of 13 VALLEY 'ATER. a California Special District APPROVED AS TO FORM: VALLEY WATER IxBy: t tea-- By: JOSEPHH D ARANDA NORMA YCAMACHO Assistant District Counsel Chief Executive Officer Rev. 080219 Page 9 of 13 EXHIBIT A PLANS AND DETAILS PERTINENT TO TREE REMOVAL AND TRAIL REPAIR ITEMS are attached to at the end and made part of this document Rev. 080219 Page 10 of 13 -V��Chfistmas HiR pack A jj�o Valley water Gilroy High Schwi sr A- t ph.- I \N Sf.� 4mq A— T* 1, —L A., —Pond x I e � ! ` D I e I � I � I N t ` t 799-d1-DD5 / 799-dl-OOY /-j99-dl-OOB I799-d 1-009' ' !/ � � 1 \ 799-41-DID 1799-4l-D13� 1 1 _ 799-AI-014/ / 1799-41-0 / 1 UVAS PKW /799-Al-017 Y — �NsiRIIcnON CONTROL UNe / / / W~O ow•r��nm. xorEl�'"cm" / 1799-41-018 1 i O Wa Ld ( .--ice/;_ .J _ - '_ _ �(. ,f�•-� "`' ��a:--c-�_l F . �``' `` � �\ \� � � � .. 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TFJaa1N1DN DF 11E cww E8a( .10/8C F7D 711E S1EfDH IE OF51GN ENI.DEFA DETAIL O SLOPE LLL� GTH TRANSITION TO EARTH ONLY PARTIAL TRANSITION DISTANCE SHOWN x ue Na � 1' I EARIME moR snecluREs L1fs/ 11R11^lr JD01raI AvsT 1J01YJ/ m1eWErE JaTJmmnv ,R f01Nd1TDN ANo sNs1 DETAIL e BENCH WORKAROUND DETAIL STA 53+45i SCWE NIS i�EXM Exar m Iew1 IaE � I FARIH IVN]ION, M M M M I NmR0.® ON TOPSOIL M R Na1L� M _ _ e owaE r IOSN NO DROP. M AWEGIE SASE FROM STA w1mi: ro STA z1.so: earN GILWWZm CI LUE S S106 DF mN4 lE1Ni FFIII RNAL I 3. iFNfE Pticm ]' DEEP ONLY AT ENDS OF PROJECT AREAS I SF I ! I RUDH-sFiiEo ASPINLT SWEA(Z I PROIM D-PLACE. NO SLOPE PER TP SECTDN �� � '� i `\ CORSIRUOrION ACCESS JURTNT ON TOP OF CL16 II AD TNB 90E HNfloSEFD MIH Pa6 TR £ Sr 4• Rd ✓>P J // �} , 1 4' l LEOa ON T(IP or abTALlm pWlN T9a(. M ExISr LRauAq lYY J SEE OEDeL 1. ws SHf FOR ALTEId w NEWPOW OF FENCE r=M AT ENDS l OF PROJECT AREAS SECTION eA END OF LEV E REACH DETAIL a io STA 1+25f AND STA 11+00f PROJECT AREA 1 STA 27+50t AND STA 58+25t PROJECT AREA 2 , ST.LLE — I 9ACKINC, M ' 1 I EYbr 6EMY/ Vexhr rmxmo, rm � aws F Aa I d SECTION BENCH WORKAROUND a--o2 STA 53+45t ST/iE HIS IX6l6EM.J^/! ArgV IX6F DENLY/ LYAVC ErE RXIADClA:1V M _i I L., QASS R /B. M I I I � I I � d SECTION e BENCH WORKAROUND STA 53+453 SCALE HTS CESLRIP11011 GATE APPA P13FRFFICE INFOIBN1bN AND MODS MlE DIR.IEFM CENIIFICAROR PR-= NNNE ANO 9EFf OESC1�1101L• SCALE pNOJECf NIaDER "5'�°'° WATERSHED ASSET REHABILITATION - — �0°I T. PROGRAM (WARP) UVAS CREEK LEVEE AR'- — — ` - " a 'Zs � W°tee REHABILITATION PROJECT PHASE 2 ,„ C-10 a. ""�" .w�eN.� s s CHAIN LINK DETAIL AND SSTAUATION ECTIONSCELLANEOUS « �H sl NIRem H of ]z EXHIBIT B INSURANCE REQUIRED OF CONSTRUCTION CONTRACTOR CONTRACTOR shall procure and maintain for the duration of the contract and for one year after acceptance of the work insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, his agents, representatives, employees or subcontractors. Minimum Scope and Limit of Insurance Coverage shall be at least as broad as: 1. Commercial General Liability: Insurance Services Office Form CG 00 01 or Form CG 00 09 11 88, Owners and Contractors Protective Liability Coverage Form - Coverage for Operations of Designated Contractor, including products and completed operations, with limits of no less than $5,000,000 per occurrence for bodily injury, personal injury and property damage. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Builder's Risk (Course of Construction) insurance covering all risks of loss less policy exclusions, with limits equal to the completed value of the project and no coinsurance penalty provisions. 5. Surety bonds as described below. Deductibles and Self -Insured Retentions Any deductibles or self -insured retentions must be declared to and approved by the CITY. At the option of the CITY, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions: 1. The CITY, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONTRACTOR; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance Rev. 08;0219 t 1 Page 11 of 13 of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37 forms if later revisions used), as a separate Owner's and Contractor's Protective Liability Policy, or on the CITY's own form. 2. For any claims related to this project, the CONTRACTOR's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that either party shall not cancel coverage, except after thirty (30) days prior written notice has been provided to the CITY. Builder's Risk (Course of Construction) Insurance Contractor may submit evidence of Builder's Risk insurance in the form of Course of Construction coverage. Such coverage shall name the CITY as loss payee as their interest may appear. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the CITY. Waiver of Subrogation CONTRACTOR hereby agrees to waive subrogation, which any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of the payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its employees, agents and subcontractors. Verification of Coverage CONTRACTOR shall furnish the CITY with endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that Insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the CITY, unless the insurance company will not use the CITY's forms. All endorsements are to be received and approved by the CITY before work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. As an alternative to the CITY's forms, the CONTRACTOR's insurer may provide complete copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. Subcontractors CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. Notice Rev. 080219 Page 12 of 13 The Certificate with endorsements and notices shall be mailed to: City of Gilroy, Attention: City Engineer, 7351 Rosanna Street, Gilroy, CA 95020. Special Risks or Circumstances CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. Rev. 080219 Page 13 of 13 ACC> CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1 6/17/2l: i J 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 policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, 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 CONTACT InterWest Insurance Services, LLC PHONE Denise Tuck FAX PO BOX 255188 116X Lo- Ext): 916-609-8376 I fA/c. Nof: 916-979-7536 Sacramento CA 95865-5188 ADDRESS: dtuck@iwins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Nautilus Insurance Company 17370 INSURED ODINCON-01 INSURERB: Great Divide Insurance Company 25224 Odin Construction Solutions, Inc. dba Odin Engineering INSURERC: 4740 Rocklin Road INSURER D : Rocklin CA 95677 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER:1226348519 REVISION NUMBER: 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 CONTRACT OR 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. 1L7A TYPE OF INSURANCE Au¢n wvn POLICY NUMBER dMMDID/YYYY1 IMMLDDmYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y ECP202815210 1/22/2019 1/22/2020 EACH OCCURRENCE $ 1 000 000 DAMAGE TO RENTED CLAIMS -MADE OCCUR I PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I GENERALAGGREGATE $2,000,000 POLICY r J = LOC EST PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ B ALIT Y BAP202815410 1/22/2019 /22/2020 COM8INEDSINGLE LIMIT accident) $1,000,000Ea X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED I BODILY INJURY AUTOS ONLY AUTOS (Per accident) $ X HIRED X NON OWNED I PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY IPer accidentl X CompDed$1000 I X COIIDed$1000 Hired Auto PhysDamage $ $65,000 A - UMBRELLA LIAB J X � OCCUR FFX202815310 1/22/2019 1/22/2020 EACH OCCURRENCE $4,000,000 X EXCESSLIfAB Ij CLAIMS -MADE AGGREGATE $4,000,D00 DED I I RETENTION $ $ B WORKERS COMPENSATION Y WCA202815510 1/22/2019 1/22/2020 I PER + OTH- STATUTE ER AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDED? ❑ N/A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes describe under - DESGtRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 A Pollution Liability ECP202615210 1/22/2019 1/22/2020 Pollution Liability $1,000,000 Professional Liabilityy Deductible $25,000 Policy Agg $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace Is required) 30 day notice of cancellation and 10 day for non payment of premium per policyy provisions RE: (WARP) UVAS Creek Levee Rehabilitation Project Phase 2 Project No 62084001 Contract No. C0648 Certificate holder is Additional Insured as respects Liability per the attached policy forms. The Santa Clara Valley Water District, Its Directors, officers, employees and agents, individually and collectively, City of Gilroy, Pacific Gas and Electric Company, and South County Regional Wastewater Authority CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Santa Clara Valley Water District 5750 Almaden Expressway San Jose CA 95118 jAUTHORIZED REPRESENTATIVE 01988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 06 07 14 NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX CONDITIONS A. If we cancel this policy by written notice to you for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization will be provided at least 10 days prior to the effective date of the cancellation or in accordance with the "Number of Days' Notice" indicated in the Schedule below, whichever is longer. B. If we cancel this policy by written notice to you for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) or Organization(s): Number of Days' Notice Santa Clara Valley Water District 30 5750 Almaden Expressway San Jose, CA 95118 All other terms and conditions of this policy remain unchanged. WC 99 06 06 07 14 Page 1 of 1 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. BUSINESS AUTO — EARLIER NOTICE OF CANCELLATION OR NONRENEWAL SCHEDULE Number of Days Notice: 30 Enter the name and address here: Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA, 95118 CANCELLATION AND NONRENEWAL For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation or nonrenewal, as provided for in this policy or as amended by an applicable state cancellation or nonrenewal endorsement, is increased to the number of days shown in the Schedule above. BSUM CA 02 02 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 1 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. NOTICE OF CANCELLATION TO DESIGNATED ENTITIES SCHEDULE Name of Person(s) or Orcianization(s) Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118 In consideration of an additional premium of $0 and notwithstanding anything contained in the policy to the contrary, it is hereby agreed and understood if the Company cancels this policy on or before the expiration date of the policy, the Company will mail or deliver to the person(s) or organization(s) shown in the schedule above, written notice of cancellation to the address included above not less than 30 days prior to the effective date of cancellation. Proof of mailing of notice shall be sufficient proof of notice. The effective date and hour of cancellation stated in the notice shall be the end of the policy period. This endorsement shall not apply for the following reasons: non-payment of premium, or b. the policy is non -renewed for any reason. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ENV 2217 06 18 Page 1 of 1 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. NOTICE OF CANCELLATION TO DESIGNATED ENTITIES SCHEDULE Name of Person(s) or Organization(s) Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118 In consideration of an additional premium of $0 and notwithstanding anything contained in the policy to the contrary, it is hereby agreed and understood if the Company cancels this policy on or before the expiration date of the policy, the Company will mail or deliver to the person(s) or organization(s) shown in the schedule above, written notice of cancellation to the address included above not less than 30 days prior to the effective date of cancellation. Proof of mailing of notice shall be sufficient proof of notice. The effective date and hour of cancellation stated in the notice shall be the end of the policy period. This endorsement shall not apply for the following reasons: a. non-payment of premium, or b. the policy is non -renewed for any reason. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ENV 2217 06 18 Page 1 of 1 POLICY# BAP2028154-10 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. BUSINESS AUTO - ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section 11— Liability Coverage A. — Coverage, 1. Who is an Insured, is amended to add: d. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into, excluding contracts or agreements for professional services, which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy; or 2. The coverage and/or limits required by said contract or agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office, Inc., with its permission BSUM CA 06 02 13 Page 1 of 1 POLICY NUMBER: BAP2028154-10 COMMERCIAL AUTO CA 04 44 10 13 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Odin Construction Solutions Inc. Endorsement Effective Date: 01/22/19 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any Principal wherein such waiver has been included before loss as part of a contractual undertaking by the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations, The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc.,2011 Page 1 of 1 Odfln Construction Solutions Inc. dba Odin Engineering Policy# ECP2028152-10 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. ADDITIONAL INSURED — BLANKET This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY In consideration of the premium charged and notwithstanding anything contained in this policy to the contrary, it is hereby agreed and understood that this endorsement shall apply only to the Coverage Part(s) corresponding with the box or boxes marked below. COVERAGES PARTS A AND B — GENERAL LIABILITY COVERAGE D — CONTRACTORS POLLUTION LIABILITY SECTION III — WHO IS AN INSURED is amended to include as an insured, with respect to Coverage A, B and D, any person(s) or organization(s) when you and such person(s) or organization(s) have agreed in a written contract or written agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such written contract or written agreement must be in effect prior to the performance of your work which is the subject of such written contract or written agreement. Such additional insured status applies only: 1. Under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY for claims or suits resulting from: a. Your work performed for such person(s) or organization(s) in the performance of your ongoing operations for the additional insured; or b. Your work performed for such person(s) or organizations(s) and included in the products -completed operations hazard. 2. Under COVERAGE D CONTRACTORS POLLUTION LIABILITY for claims or suits arising out of pollution conditions that are the result of: a, Your work performed for such person(s) or organization(s) in the performance of your ongoing operations for the additional insured; or b. Your work performed for such person(s) or organizations(s) and included in the products -completed operations hazard. With respect to damages caused by your work, as described above, the coverage provided hereunder shall be primary and not contributing with any other insurance available to those person(s) or organization(s) with which you have so .agreed in a written contract or written agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. EGP 1004 08 16 Page 1 of 1 Odin Construction Solutions Inc. dba Odin Engineering Policy# ECP2028152-10 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT SCHEDULE Designated Construction Projects: Each of your projects away from premises owned or rented to you, performed during the policy period when a Designated Per Project Aggregate Limit of Insurance is required in a written contractual agreement. A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under SECTION I — COVERAGE A which can be attributed only to ongoing operations as shown in the schedule above: 1. A separate Designated Construction Project Limit applies to each designated construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations page. 2. Except for damages because of bodily Injury or property damage included in the products -completed operations hazard, the Designated Construction Project Limit is the most we will pay for the sum of all damages under SECTION I —COVERAGE A regardless of the number of - a. Insureds; b. Claims made or suits brought; or C. Persons or organizations making claims or bringing suits. 3. Any payments made under SECTION I —COVERAGE A for damages shall reduce the Designated Construction Project Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations page nor shall they reduce any other Designated Construction Project Limit, except as affected by the Designated Construction Project Aggregate Limit described below. 4. The limits shown in the Declarations page for Each Occurrence and Damage to Premises Rented to you continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project Limit. 5. a. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under the Designated Construction Project Limit, described in 1. and 2. above. b. Regardless of the number of construction projects or designated construction projects covered under this policy, the most we will pay as the Designated Construction Project General Aggregate is $5,000,000. B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under SECTION I —COVERAGE A which cannot be attributed only to ongoing operations as shown in the schedule above: 1. Any payments made under SECTION I —COVERAGE A for damages shall reduce the amount available under the General Aggregate Limit or the Products Completed Operations Aggregate Limit, whichever is applicable; and ECP 1021 10 06 Page 1 of 2 Odin Construction Solutions Inc. dba Odin Engineering Policy# ECP2028152-10 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit, C. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of SECTION 1V — LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated, ECP 1021 10 06 Page 2 of 2 Odin Construction Solutions Inc. dba Odin Engineering Policy# ECP2028152-10 11 =her valid and collectible insurance is available to the insured for a loss we cover under this policy, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for your work; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, auto or watercraft to the extent not subject to Exclusion d., of Section I - Coverage A - Bodily Injury And Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. When this insurance is excess, we will have no duty under this policy to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer has the obligation to defend, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self insured retention amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this policy. C. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable Limits of Insurance of all insurers. 7. Premium Audit a. We will compute all premiums for this policy in accordance with our rules and rates. ECPO 1000 06 18 Page 23 of 30 Odin Construction Solutions Inc. dba Odin Engineering Policy# ECP2028152-10 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. WAIVER OF SUBROGATION It is agreed that the Company, in the event of any payment under this policy, waives its right of recovery against any Principal, but only at the specific written request of the Named Insured either before or after loss, wherein such waiver has been included before loss as part of a contractual undertaking by the Named Insured. This waiver shall apply only with respect to losses occurring due to operations undertaken as per the specific contract existing between the Named Insured and such Principal and shall not be construed to be a waiver with respect to other operations of such Principal in which the Named Insured has no contractual interest. No waiver of subrogation shall directly or indirectly apply to any employee, employees or agents of either the Named Insured or of the Principal, and the Company reserves its right or lien to be reimbursed from any recovery funds obtained by any injured employee. This waiver does not apply in any jurisdiction or situation where such waiver is held to be illegal or against public policy or in any situation wherein the Principal against whom subrogation is to be waived is found to be solely negligent. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ENV 2004 06 18 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 04 84 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0.00% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Any Principal wherein such waiver has been included before loss as part of a contractual undertaking by the Named Insured. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy) Endorsement Effective 01 /22/2019 Insured Odin Construction Solutions Inc. Insurance Company: Great Divide Insurance Company Policy No. WCA2028155 10 Countersigned by Endorsement No. Premium WC 04 03 06 04 84 1998 by the Workers' Compensation Insurance Rating Bureau of California. Page 1 of 1 All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual 2001.