Staff Report with attachments
PREPARED BY: WooJae Kim
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Interim Finance Director, and
Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/18/22 ITEM NO: 6
DATE: October 13, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Approving and Authorizing the Town Manager to Execute
the Project Specific Maintenance Agreement for Los Gatos Creek Trail with
the California Department of Transportation
RECOMMENDATION:
Adopt a resolution (Attachment 1) approving and authorizing the Town Manager to execute the
Project Specific Maintenance Agreement for Los Gatos Creek Trail (Attachment 2) with the
California Department of Transportation (Caltrans).
BACKGROUND:
The design work on the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No.
832-4505) began in October 2019 to install bicycle and pedestrian connections between
Highway 9 and the Los Gatos Creek Trail, including the installation of a bicycle and pedestrian
bridge across Los Gatos Creek just south of the Highway 9 and a pedestrian switchback ramp on
the north side of Highway 9 (see Attachment 3 for a Site Plan). Los Gatos Creek Trail, including
the creek itself along Highway 17, is largely within the Caltrans’ operation right-of-way. In
addition to the work being in Caltrans’ right-of-way, since federal grant funds are involved, staff
has been closely coordinating the project with Caltrans following the Caltrans Local Assistance
Process for federal-aid projects.
The preliminary design was presented to the Complete Streets and Transportation Commission
and to the community in February of 2020. Both groups provided input and support for the
project. On March 3, 2022, the Town Council approved the preliminary design and authorized
staff to proceed to final design.
PAGE 2 OF 3 SUBJECT: Adopt a Resolution Approving and Authorizing the Town Manager to Execute the Project Specific Maintenance Agreement for Los Gatos Creek Trail with the California Department of Transportation DATE: October 13, 2022
DISCUSSION:
Caltrans lands along Highway 17 include Los Gatos Creek and the Los Gatos Creek Trail between
the Forbes Mill footbridge and Roberts Road West. These parcels are remnants from the
construction of Highway 17 and remained under Caltrans ownership.
As the property owner, Caltrans is requiring execution of a Project Specific Maintenance
Agreement for Los Gatos Creek Trail as a condition to approve the encroachment permit to
allow the Town to work on the Caltrans’ right-of-way for construction. There is an existing
Delegated Maintenance Agreement for the Creek Trail between the Town and Caltrans from
1975. The Project Specific Maintenance Agreement is meant to replace or supersede this
earlier Maintenance Agreement. The new Maintenance Agreement documents and clarifies
the Town’s maintenance responsibilities for the existing Los Gatos Creek Trail between the
Forbes Mille Footbridge and Roberts Road West as well as for the proposed Connector Project.
Execution of the Maintenance Agreement is a critical step for Caltrans to facilitate the
consideration of the approval of the encroachment permit for construction of the trailhead
connector project. Before the project is advertised for bid, staff will return to Council to
request approval of the Project Plans, Specifications, and Estimates (PS&E) and authorization to
advertise for bid. The project schedule is heavily dependent upon Caltrans’ contracting
process, and the schedule will be updated as the project progresses. Construction is
anticipated to start by spring or summer 2023.
As of September 2022, the project PS&E have been completed and approved by Caltrans and
construction funding identified. The project is close to fully funded at this time and sources
include funds from the One Bay Area Grant Program - Cycle 2 (OBAG 2), the Transportation
Fund for Clean Air (TFCA) regional grant, 2016 Measure B Funds, and commitment of up to $1
million of Town local funds as approved by Council on March 1, 2022. The actual distribution of
funding from different sources and grant funding agreements will be presented to Council for
approval once finalized within the next two months. Illustrated below is the current total
funding distribution summary for the construction phase:
Funding Source Amount
OBAG 2 $3,351,200
TFCA $755,921
2016 Measure B $693,500
Town Local Funds $928,687
Total Funding $5,729,308
PAGE 3 OF 3 SUBJECT: Adopt a Resolution Approving and Authorizing the Town Manager to Execute the Project Specific Maintenance Agreement for Los Gatos Creek Trail with the California Department of Transportation DATE: October 13, 2022
CONCLUSION:
Staff recommends that the Town Council adopt a resolution approving and authorizing the
Town Manager to execute the Project Specific Maintenance Agreement for Los Gatos Creek
Trail with Caltrans.
FISCAL IMPACT:
The Los Gatos Creek Trail has been maintained by Town staff. The Project Specific Maintenance
Agreement for Los Gatos Creek also calls for on-going maintenance of the new improvements
installed as part of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project, which
would include bicycle/pedestrian bridge, retaining walls, and pathways. It is anticipated the
maintenance costs for the new infrastructure will be included in future operating budgets for
the Parks and Public Works Department.
ENVIRONMENTAL ASSESSMENT:
Caltrans opted to be the lead agency for the CEQA and NEPA environmental clearances for the
project and has provided the final CEQA Categorical Exemption and NEPA Categorical Exclusion
environmental certifications.
Attachments:
1. Draft Resolution
2. Project Specific Maintenance Agreement for Los Gatos Creek Trail in Town of Los Gatos
3. Site Map
This Page Intentionally Left Blank
Page 1 of 2
Resolution 2022- October 4, 2022
ATTACHMENT 1
DRAFT RESOLUTION 2022- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE
PROJECT SPECIFIC MAINTENANCE AGREEMENT (AGREEMENT) FOR THE LOS GATOS
CREEK TRAIL WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the design work on the Los Gatos Creek Trail to Highway 9 Trailhead Connector
Project (CIP No. 832-4505) began in October 2019 to install bicycle and pedestrian connections
between Highway 9 and the Los Gatos Creek Trail, including the installation of a bicycle and
pedestrian bridge across Los Gatos Creek just south of the Highway 9, and a pedestrian
switchback ramp on the north side of Highway 9; and
WHEREAS, Los Gatos Creek and Los Gatos Creek Trail along Highway 17 between the
Forbes Mill footbridge and Roberts Road West are within California Department of
Transportation’s operation right-of-way, and Town staff has been closely coordinating with the
State Transportation Department on the Connector Project; and
WHEREAS, property rights for the Los Gatos Creek Trail were intended to be transferred
to the Town when the trail was constructed in 1994, but the transfer was never completed; and
WHEREAS, California Department of Transportation is requiring the execution of the
Project Specific Maintenance Agreement for Los Gatos Creek Trail as a condition to approve the
encroachment permit to allow the work in their right-of-way for construction; and
WHEREAS, the Project Specific Maintenance Agreement (Agreement) is meant to replace
and supersede an existing Delegated Maintenance Agreement for the Creek Trail between the
Town and Caltrans from 1975; and
WHEREAS, the Agreement requires the Town to maintain the improvements from the Los
Gatos Creek Trail to Highway 9 Trailhead Connector Project and other improvements made to
the Creek Trail between the Forbes Mill footbridge and Roberts Road West; and
Page 2 of 2
Resolution 2022- October 4, 2022
ATTACHMENT 1
WHEREAS, execution of the Maintenance Agreement is a needed step to facilitate the
California Department of Transportation’s consideration to approve the encroachment permit
for construction of the Trailhead Connector Project.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos
approves the Project Specific Maintenance Agreement for Los Gatos Creek Trail with the
California Department of Transportation; and
BE IT FURTHER RESOLVED that the Town Council of the Town of Los Gatos authorizes the
Town Manager to execute the Project Specific Maintenance Agreement for Los Gatos Creek Trail.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 18th of October
2022, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CA
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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PROJECT SPECIFIC MAINTENANCE AGREEMENT
FOR LOS GATOS
CREEK TRAIL IN TOWN OF LOS GATOS
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between
the State of California, acting by and through the Department of Transportation,
hereinafter referred to as “STATE” and the TOWN of Los Gatos; hereinafter referred to as
“TOWN”; and collectively referred to as “PARTIES”.
SECTION I
RECITALS
1. Encroachment Permit No. __________ was executed between TOWN and STATE on
____________________to construct a Bike/Pedestrian Trail on State Route (SR) 9,
hereinafter referred to as “PROJECT”, and
2. In accordance with said agreement, it was agreed by PARTIES that prior to or upon
PROJECT completion, TOWN and STATE will enter into a Maintenance Agreement,
and
3. The PARTIES hereto mutually desire to identify the maintenance responsibilities of
TOWN for the improvements of PROJECT constructed within the STATE right of way
under the Encroachment Permit No. __________, and
4. There is an existing Delegated Maintenance Agreement(s), with TOWN originally
dated_1-3-1975 (with Amendment #1 on 5-14-2019). This Agreement is meant to
replace or supersede this earlier Delagated Maintenance Agreement (with
amendments) with respect to area of Los Gatos Creek Trail as shown on Exhibit A.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION II
AGREEMENT
1. PARTIES agree this Agreement shall supersede the portion of said Delegated
Maintenance Agreement executed by PARTIES on January 3rd, 1975 that are
included in this Project Specific Maintenance Agreement.
2. Exhibit A consists of plan drawings and cross-sections. They delineate and describe
the areas within STATE right of way which are the responsibility of the TOWN to
maintain in accordance with this Agreement. Exhibit B is the insurance document,
covering the project, which the Town is required to keep current.
Attachment 2
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3.If there is mutual agreement on a change in the maintenance responsibilities
between PARTIES, the PARTIES can revise the Exhibit A by a mutual written execution
of the exhibit.
4.TOWN must obtain the necessary Encroachment Permits from STATE’s District 04
Encroachment Permit Office prior to entering STATE right of way to perform TOWN
maintenance responsibilities. This permit will be issued at no cost to TOWN.
5.PEDESTRIAN/BICYCLE OVERCROSSINGS (non-vehicular) constructed as a permitted
encroachment within STATE’s right of way. TOWN is solely responsible for, but not
limited to, the structural adequacy, lighting, fencing, guard railing, drainage facilities,
graffiti removal, sweeping and debris removal, signing, and striping, slope paving
and delineation. TOWN will maintain, at TOWN expense, a safe facility for pedestrian
and bicycle use along the entire length of the structure, by providing structure
inspection, and structure maintenance.
6.WALLS, SOUNDWALLS, AND COLUMNS - TOWN is responsible for debris removal,
cleaning and painting to keep TOWN‘s side of any wall structure or column free of
debris, dirt, and graffiti.
7.LANDSCAPED AREAS - TOWN is responsible for the maintenance of any plantings or
other types of roadside improvements of PROJECT lying outside of the fenced area
restricting walk-on access to the freeway.
8.PEDESTRIAN/BICYCLE PATHS, LANES, AND CYCLE TRACKS constructed as permitted
encroachments within STATE’s right of way, TOWN is solely responsible for all
permitted improvements, including but not limited to the delineation, fencing, guard
railing, drainage facilities, related structures, retaining walls, slope and structural
adequacy of components of the Path. TOWN will maintain, at TOWN expense, a safe
facility for pedestrian and bicycle travel along the entire length of the path by
providing sweeping and debris removal when necessary; and all signing and striping,
and pavement markings required for the direction and operation of that non-
motorized facility.
9.LEGAL RELATIONS AND RESPONSIBILITIES
9.1. Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not parties to this Agreement or to affect
the legal liability of a PARTY to the Agreement by imposing any standard of care
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with respect to the operation and maintenance of STATE highways and local
facilities different from the standard of care imposed by law.
9.2. Neither TOWN nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done
by, under or in connection with any work, authority or jurisdiction conferred upon
STATE under this Agreement. It is understood and agreed that STATE shall fully
defend, indemnify and save harmless TOWN and all of their officers and
employees from all claims, suits or actions of every name, kind and description
brought forth under, including, but not limited to, tortious, contractual, inverse
condemnation or other theories or assertions of liability occurring by reason of
anything done or omitted to be done by STATE under this Agreement.
9.3. Neither STATE nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done
by TOWN under or in connection with any work, authority or jurisdiction conferred
upon TOWN under this Agreement. It is understood and agreed that TOWN shall
fully defend, indemnify and save harmless STATE and all of its officers and
employees from all claims, suits or actions of every name, kind and description
brought forth under, including section but not limited to, tortious, contractual,
inverse condemnation or other theories or assertions of liability occurring by
reason of anything done or omitted to be done by TOWN under this Agreement.
10. PREVAILING WAGES:
10.1. Labor Code Compliance- If the work performed under this Agreement is done
under contract and falls within the Labor Code section 1720(a)(1) definition of a
"public works" in that it is construction, alteration, demolition, installation, or repair;
or maintenance work under Labor Code section 1771. TOWN must conform to
the provisions of Labor Code sections 1720 through 1815, and all applicable
provisions of California Code of Regulations found in Title 8, Chapter 8,
Subchapter 3, Articles 1-7. TOWN agrees to include prevailing wage
requirements in its contracts for public works. Work performed by TOWN'S own
forces is exempt from the Labor Code's Prevailing Wage requirements.
10.2. Requirements in Subcontracts - TOWN shall require its contractors to include
prevailing wage requirements in all subcontracts when the work to be performed
by the subcontractor under this Agreement is a "public works" as defined in Labor
Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall
include all prevailing wage requirements set forth in TOWN's contracts.
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11. INSURANCE -
11.1. SELF-INSURED - TOWN is self insured. TOWN agrees to deliver evidence of self-
insured coverage providing general liability insurance, coverage of bodily injury
liability and property damage liability, naming STATE, its officers, agents and
employees as the additional insured in an amount of $1 million per occurrence
and $2 million in aggregate and $5 million in excess. Coverage shall be
evidenced by a certification of self-insurance letter (“Letter of Self-Insurance”),
satisfactory to STATE, certifying that TOWN meets the coverage requirements of
this section. This Letter of Self-Insurance shall also identify the Los Gatos Creek Trail
location as depicted in EXHIBIT A. TOWN shall deliver to STATE the Letter of Self-
Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter
of Self-Insurance shall be attached hereto and incorporate as Exhibit B.
11.2. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is
done by TOWN‘s contractor(s), TOWN shall require its contractor(s) to maintain in
force, during the term of this AGREEMENT, a policy of general liability insurance,
including coverage of bodily injury liability and property damage liability, naming
STATE, its officers, agents and employees as the additional insured in an amount
of $1 million per occurrence and $2 million in aggregate and $5 million in excess.
Coverage shall be evidenced by a certificate of insurance in a form satisfactory
to the STATE that shall be delivered to the STATE with a signed copy of this
Agreement.
12. TERMINATION - This Agreement may be terminated by mutual written consent by
PARTIES or by STATE for cause. TOWN’s failure to comply with the provisions of this
Agreement may be grounds for a Notice of Termination by STATE.
13. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown
on its face sheet and shall remain in full force and effect until amended or terminated
as set forth in Article 14 above.
PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter
into this Agreement and have delegated to the undersigned the authority to execute
this Agreement on behalf of the respective agencies and covenants to have followed
all the necessary legal requirements to validly execute this Agreement.
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IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and
year first above written.
TOWN OF LOS GATOS STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor/Chairmen
Tony Tavares
Director of Transportation
Initiated and Approved
By: ___________________________
TOWN Manager
By: ___________________________
Leah Budu
Deputy District Director
Maintenance District 04
ATTEST:
By: __________________________
TOWN Clerk
By: __________________________
TOWN Attorney
1
H
W
Y
9 17HWYEXHIBIT A (SHEET 1 of 4)
LOCATION MAP
MAINTENANCE AGREEMENT
WITH THE TOWN OF LOS GATOS
AND TRANSPORTATION DISTRICT
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EXHIBIT A (SHEET 2 of 4)
MAINTENANCE AGREEMENT
WITH THE TOWN OF LOS GATOS
AND TRANSPORTATION DISTRICT
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LEGEND
AREA WITHIN RIGHT OF WAY TO BE
MAINTAINED BY THE TOWN OF LOS GATOS
EXHIBIT A (SHEET 3 of 4)
MAINTENANCE AGREEMENT
WITH THE TOWN OF LOS GATOS
AND TRANSPORTATION DISTRICT
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EXHIBIT A (SHEET 4 of 4)
CROSS SECTIONS
MAINTENANCE AGREEMENT
WITH THE TOWN OF LOS GATOS
AND TRANSPORTATION DISTRICT
04-SCI-17 PM 6.58 TO PM 7.66
SITE PLAN
Attachment 3