1993-008-Authorizing The Execution Of An Agreement With City Of Saratoga For The Administration Of Project 6306RESOLUTION 1993 -8
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH CITY OF SARATOGA FOR THE ADMINISTRATION
OF PROJECT 9306 - QUITO ROAD BICYCLE /PEDESTRIAN BRIDGE
BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town Manager is authorized to enter into an agreement
with the City of Saratoga for the Design and Construction of Project 9306 - Quito Road
Bicycle /Pedestrian Bridge (Attached as Exhibit A).
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 4th
day of January, 1993, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Joanne Benjamin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: WN F =0SGATOS M YOR OF THE TO
LOS GATOS, CALIFORNIA
ATTEST:
J
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
C27\PESOS \PR09306
M V
COOPERATIVE AGREEMENT
DESIGN AND CONSTRUCTION OF PROJECT 9306
QUITO ROAD BICYCLE /PEDESTRIAN BRIDGE
This agreement, is entered into on the day of 1993, by and between the
TOWN OF LOS GATOS, a municipal corporation of the State of California, hereinafter called "TOWN', and
the CITY OF SARATOGA, a municipal corporation of the State of California, hereinafter called "CITY ".
RECITALS
1. TOWN and CITY contemplate constructing improvements consisting of a prefabricated
Bicycle /Pedestrian bridge parallel to Quito Road north of Old Adobe Road, herein referred to as 'PROJECT'.
A diagram identifying the location of the PROJECT is attached as EXHIBIT A and is hereby incorporated by
this reference.
2. Construction of PROJECT is necessary to facilitate the safe passage of bicyclists and pedestrians along
Quito Road.
3. TOWN and CITY will share funding the costs of the PROJECT.
4. TOWN is willing to provide construction administration design oversight and limited design of
PROJECT and construct PROJECT by contract. Construction administration shall include pre - contract
administration (processing of plans, specifications, and estimates through a bidding process for advertising, bid
evaluation and award of contract for constructing PROJECT), construction contract administration, construction
engineering, inspection, materials testing, claims processing and closeout. Design oversight and limited design
shall include plan checking of abutment and bridge design, administration of contract with abutment design
consultant, arrangements for bridge purchase and site plan design.
5. TOWN shall assume all maintenance of the southern half of PROJECT and CITY shall assume all
maintenance of the northern half of PROJECT.
6. TOWN and CITY mutually desire to cooperate in the design, construction, and construction
administration of the PROJECT.
Now, therefore, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:
SECTION I
TOWN AGREES:
1. To provide plans, specifications, and estimates for PROJECT and include those cost in the project total.
2. To bear fifty percent (50 %) not to exceed $11,000, of total actual cost of design and construction of
PROJECT, including abutment design, Water District permit fees, other County or State permit fees, materials,
labor, contract administration, supplemental work, changes, claims, and environmental assessment and mitigation
associated with construction of PROJECT.
C27 \AGREEMEN \SARATOGA I
3. That TOWN's obligation for all costs of construction and construction administration required for
PROJECT under this Agreement is $11,000. This amount may be exceeded only by vote of TOWN, the certified
results of which will be incorporated into the Agreement without the necessity of a written amendment.
5. To proceed with the PROJECT following execution of this cooperative agreement between TOWN and
CITY, or, in the event the PROJECT does not proceed for any reason, to so notify CITY.
6. To provide technical oversight and direction of the development of the plans, specifications, and
estimates (PS&E) for PROJECT.
7. To provide, or arrange to have provided, construction administration for PROJECT as defined in
RECITALS, Article 4 above.
8. To submit a progress report to CITY each month detailing the completed payments, construction, and
construction administration of PROJECT as specified in this Agreement.
9. Upon completion of PROJECT and all work incidental thereto and resolution of all claims filed by the
construction contractor, to provide to CITY a detailed statement of the total actual costs of construction of
PROJECT. Within thirty days thereafter, to refund for CITY overpayment, if appropriate.
SECTION 11
CITY AGREES:
1. To bear fifty percent (50 %) not to exceed $11,000, of total actual cost of design and construction of
PROJECT, including abutment design, Water District permit fees, other County or State permit fees, materials,
labor, contract administration, supplemental work, changes, claims, and environmental assessment and mitigation
associated with construction of PROJECT.
2. To pay TOWN eleven thousand dollars ($11,000) within thirty days after receipt of executed construction
agreement.
3. To provide all CITY permits and clearances required for PROJECT at no cost to TOWN.
SECTION III
IT IS MUTUALLY AGREED:
1. If the lowest responsible bid is more than $22,000, TOWN and CITY shall consult upon a course of
action. If a course of action is not agreed upon within 25 calendar days after bid opening, this Agreement shall
be deemed to be terminated by mutual consent pursuant to Article 2 of this Section III.
2. That neither TOWN, nor any officer or employee thereof, shall be responsible for any damage or liability
occurring by reason of anything done or omitted by CITY under or in connection with any work, authority or
jurisdiction delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to
Government Code Section 895.4, CITY shall fully indemnify and hold TOWN harmless from any liability
imposed for injury, as defined by Government Code Section 810.8, occurring by reason of anything done or
omitted by CITY under this Agreement or in connection with any work, authority or jurisdiction delegated to
CITY under this Agreement.
3. That neither CITY, nor any officer or employee thereof, shall be responsible for any damage or liability
occurring by reason of anything done or omitted by TOWN under or in connection with any work, authority or
jurisdiction delegated to TOWN under this Agreement. It is also understood and agreed that, pursuant to
C27 \AGREEMEN \SARATOGA 2
Government Code Section 895.4, TOWN shall fully indemnify and hold CITY harmless from any liability imposed
for injury, as defined by TOWN under this Agreement or in connection with any work, authority or jurisdiction
delegated to TOWN under this Agreement.
4. Except as otherwise provided in Article 1 of this Section III, the portions of this Agreement pertaining
to the construction of the PROJECT shall terminate upon completion and acceptance of the PROJECT by
TOWN and upon fulfillment of TOWN and CITY of their respective financial obligations under this Agreement.
TOWN OF LOS GATOS
DAVID W. KNAPP
TOWN MANAGER
APPROVED AS TO FORM AND LEGALITY:
OWN ATTORNEY
ATTEST:
V
MARIAN V. COSGROVE
CLERK OF THE TOWN OF LO GATOS
COUNTY OF SANTA CLARA
C27 \AGREEMEN \SARATOGA
CITY OF SARATOGA
`/4
HARRY EACOCK
CITY ,NAGER
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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QUITO ROAD BICYCLE/
PEDESTRIAN BRIDGE. A
COOPERATIVE PROJECT
BETWEEN THE TOWN OF
LOS GATOS AND THE
CITY OF SA RATOGA.
EXHIBIT A
9308_LOC C.C.G. 12/17/92
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QUITO ROAD BICYCLE/
PEDESTRIAN BRIDGE. A
COOPERATIVE PROJECT
BETWEEN THE TOWN OF
LOS GATOS AND THE
CITY OF SA RATOGA.
EXHIBIT A
9308_LOC C.C.G. 12/17/92