1992-011-Authorizing The Execution Of An Agreement With The Santa Clara County Traffic Authority For The Administration Of The Winchester Boulevard Retaining WallRESOLUTION 1992 -11
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE SANTA CLARA COUNTY TRAFFIC AUTHORITY
FOR THE ADMINISTRATION OF THE WINCHESTER BOULEVARD
RETAINING WALL
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 Santa Clara County Traffic Authority for the Town's administration of Project
9212, Winchester Boulevard Retaining wall (attached as Exhibit A).
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 3rd day of February, 1992, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton and Mayor Eric D. Carlson
NAYS: None
ABSENT: Brent N. Ventura
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: ('
CLERK OF THE TOWN OF L S GATOS
LOS GATOS, CALIFORNIA
22 \cn1crpts \winch.wa1
COOPERATIVE AGREEMENT NO. 2 -LG
ROUTE 85
DESIGN AND CONSTRUCTION OF A RETAINING WALL AT THE INTERSECTION
OF WINCHESTER BOULEVARD AND LARK AVENUE
This AGREEMENT is entered into on the day of , 1991, by and between
the SANTA CLARA COUNTY TRAFFIC AUTHORITY, a public entity of the State of California
(referred to hereinafter as 'AUTHORITY') and the TOWN OF LOS GATOS, a municipal corporation
of the State of California (referred to hereinafter as 'TOWN'),
RECITALS
1 . AUTHORITY and TOWN contemplate constructing improvements consisting of a retaining
wall at the intersection of Winchester Boulevard and Lark Avenue (MSA 106 -23) at Route
85, 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 construction of Route 85 which is
part of the AUTHORITY's Measure A Program.
3. AUTHORITY will fund the costs of design, construction and construction administration of
PROJECT.
4. TOWN is willing to provide construction administration of PROJECT and construct
PROJECT by contract. Construction administration shall include pre- contract administration
(processing of PS &E 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.
5. AUTHORITY is willing to provide plans, specifications and estimates (PS &E) for PROJECT.
COOP106.23 Agreement No. 2 -LG
December 11, 1991 Page 1 of 7
ATTACHMENT 2
6. TOWN shall assume all maintenance of PROJECT.
7. AUTHORITY and TOWN do mutually desire to cooperate in the design, construction, and
construction administration of the PROJECT and to set forth herein the terms and
conditions under which the PROJECT is to be designed, administered, constructed, and
maintained.
Now, therefore, in consideration of the mutual covenants contained herein, the parties hereto agree
as follows!
AUTHORITY AGREES:
i
To provide plans, specifications, and estimates (PS &E) for PROJECT at no cost to TOWN.
2. To bear one hundred percent (100 %), estimated to be $136,000, of the total actual cost of
construction of PROJECT including all materials, supplemental work, changes and claims
associated with construction of PROJECT.
3. To bear one hundred percent 1100 %), estimated to be $5,000, of the total cost of
construction administration as defined in RECITALS, Article 4 above.
4. That AUTHORITY's obligation for the total actual cost of construction and construction
administration required for PROJECT under this Agreement is $141,000. This amount may
be exceeded only by vote of AUTHORITY, the certified results of which will be incorporated
into the Agreement without the necessity of a written amendment.
COOP106.23 Agreement No. 2 -LG
December 11, 1991 Page 2 of 7
5. To pay TOWN within thirty days after receipt of monthly invoice from TOWN, as described
in Section 11, Article 7 below.
TOWN AGREES:
1
2
3
4.
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SECTION Il
To proceed with PROJECT following execution of this cooperative agreement between
TOWN and AUTHORITY; or, in the event the PROJECT does not proceed for any reason, to
so notify AUTHORITY.
To provide all permits and clearances required for PROJECT at no cost to AUTHORITY.
To provide technical oversight and direction of the development of the plans, specifications,
and estimates (PS &E) for PROJECT at no cost to AUTHORITY.
To notify AUTHORITY of amount of construction contract award within ten days of award
of said contract.
To construct PROJECT by contract in accordance with PS &E provided by AUTHORITY.
To provide, or arrange to have provided, construction administration for PROJECT as
defined in RECITALS, Article 4 above.
To submit to AUTHORITY each month an invoice for AUTHORITY's share of progress
payments for construction and construction administration of PROJECT as specified in this
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December 11, 1991 Page 3 of 7
Agreement.
8. To submit to AUTHORITY each month a construction progress report which describes the
work performed and completed during the reporting period, states the cumulative
percentage complete to date, and reports on change orders issued (current and cumulative),
progress payments made (current and cumulative), and significant events affecting progress
of the work, such as bad weather, work stoppages.
9. To consult with AUTHORITY on any change order or extra work order exceeding 92,000
before implementation, except when necessary for the safety of motorists and /or
pedestrians or for the protection of property.
10. To provide for maintenance of all facilities as constructed under this PROJECT in
accordance with RECITALS, Article 6 above, and make no claim against AUTHORITY for
any portion of such maintenance expense.
11. Upon completion of PROJECT and all work incidental thereto and resolution of all claims
filed by the construction contractor, to provide to AUTHORITY a detailed statement of the
total actual costs of construction of PROJECT. Within thirty days thereafter, to provide
AUTHORITY an invoice for AUTHORITY's share of additional costs for PROJECT, or refund
for AUTHORITY overpayment, if appropriate.
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December 11, 1991 Page 4 of 7
SECTION III
IT IS MUTUALLY AGREED:
1. If the lowest responsible bid is more than the Engineer's Estimate, AUTHORITY and TOWN
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. Prior to award of the construction contract for PROJECT this Agreement may be terminated
by either AUTHORITY or TOWN or by mutual consent. In the event of such termination,
AUTHORITY shall bear 100% of the total actual costs expended for PROJECT to date of
termination.
3. Should the value of the construction contract award be lower than the total estimated cost
of construction of PROJECT, the estimated cost of construction and construction
administration of PROJECT in Sections I and II above shall be proportionally reduced
without the necessity of an amendment to this Agreement.
4. That neither AUTHORITY, 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 Government Code Section
895.4, TOWN shall fully indemnify and hold AUTHORITY harmless from any liability
imposed for injury, as defined by Government Code Section 810.8, occurring by reason of
anything done or omitted by TOWN under this Agreement or in connection with any work,
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December 11, 1991 Page 5 of 7
authority or jurisdiction delegated to TOWN under this Agreement.
5. 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 AUTHORITY under
or in connection with any work, authority or jurisdiction delegated to AUTHORITY under
this Agreement. It is also understood and agreed that, pursuant to Government Code
Section 985.4, AUTHORITY 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 AUTHORITY under this Agreement or in connection with any
work, authority or jurisdiction delegated to AUTHORITY under this Agreement.
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December 11, 1991 Page 6 of 7
6. Except as otherwise provided in Articles 1 and 2 of this Section III, the portions of this
Agreement pertaining to the construction of PROJECT shall terminate upon completion and
acceptance of the PROJECT by TOWN and upon fulfillment by AUTHORITY and TOWN of
their respective financial obligations under this Agreement.
SANTA CLARA COUNTY TRAFFIC
AUTHORITY
A.,
JAMES T. BEALL, JR.
Chairperson
APPROVED AS TO FORM AND LEGALITY:
KEVIN D. ALLMAND
Deputy County Counsel
Attest:
DONALD M. RAINS
Clerk of the Board of Supervisors and Acting
Secretary, Traffic Authority
TOWN OF LOS GATOS
Town Manager
APPROVED AS TO FORM AND LEGALITY:
Town ttomey
Agreement No. 2 -LG
C0OP106.23
Page 7 of 7
December 11, 1991