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2002-142-Authorizing The Town Manager To Execute An Amendment To The Cooperative Agreement With The City Of Saratoga And The Santa Clara Water District For The Replacement Of Two Bridges On Quito RdRESOLUTION 2002 -142 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE COOPERATIVE AGREEMENT WITH THE CITY OF SARATOGA AND THE SANTA CLARA VALLEY WATER DISTRICT FOR THE REPLACEMENT OF TWO BRIDGES ON QUITO ROAD WHEREAS, the Town of Los Gatos and the City of Saratoga share responsibility for two bridges on Quito Road identified as Bridge No. 37C0113 and Bridge No. 37C0114; and WHEREAS, said bridges have become functionally obsolete; and WHEREAS, the City of Saratoga has secured funding through the Federal Highway Bridge Replacement and Rehabilitation Program to replace both bridges; and WHEREAS, the City of Saratoga has agreed to serve as the lead agency for the replacement project; and WHEREAS, in serving as the lead agency, the City of Saratoga desires to enter into a Amendment to the Cooperative Agreement (shown as Exhibit A) with the Town setting forth the duties and responsibilities of each agency in connection with the project. THEREFORE, SE IT RESOLVED. that the Town Council does hereby authorize the Town Manager to execute an Amendment to the Cooperative Agreement Concerning Quito Road Bridge Replacements, :attached hereto, on behalf of the'Town. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3rd day of .September, 2002 by the following vote: COUNCIL MEMBERS: AYES.: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor Randy Attaway. NAYS.:. None ABSENT: None ABSTAIN: None SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GA'I'OS, CALIFORNIA ATTEST: "~ '1.~6 CLERK OF'THE TOWN OF LOS GATOS LOS GATOS, CA'LIFORI~IIA ~~~ /~7 ~~ CONCERNING QUITO ROAD BRIDGE REPLACEMENTS WHEREAS, the CITY OF SARATOGA ("Saratoga"), the TOWN OF LOS GATOS ("Los Gatos"), and the SANTA CLARA VALLEY WATER DISTRICT ("District") have entered into a certain Cooperative Agreement dated June 19, 2001, concerning the replacement of two bridges on Quito Road which cross San Thomas Creek, identified as Bridge No, 37C0113 and Bridge No. 37C0114 ("the Project"); and WHEREAS, the Cooperative Agreement provides in paragraph 2.d allocation of the Project cost to be as .follows: TOTAL HBRR ESTIMATED FUNDS ~T ~ BRIDGE 37C-0113 $805;000 $644,000 BRIDGE 37C-0114 ,$R~S-~ F44,0(1(l $1.;610;000 $1:;288.;000 and $53;667 $53,667 $53,666 $107,334 $:107,334 $107,33:2 WHEREAS; the Cooperative Agreement provides in paragraph 10 for a termination on October 1, .2002, in the event a contract for construction of the Project is .not awarded by such date; and WHEREAS, the Cooperative Agreement states in paragraph 3:b, that the Town Council of Los Gatos authorizes Larry Perlin, .Parks and Public Works Director, to provide :any approvals required under the Agreement on behalf of Los Gatos; and WHEREAS, the parties desire to extend the Cooperative Agreement as hereinafter set forth, NOW THEREFORE, the undersigned parties hereby agree to amend the Cooperative Agreement as follows: 1. In paragraph 2.d the total project cost allocationbetween the parties shall be as follows: TOTAL HBRR ESTIMATED FUNDS CO~S_'L (8~% BRIDGE 37C-0113 $1,167,500 $934,000 BRIDGE37C-0114 $1,1fly500$934, $2,335;000 $1,868;000 $77,833 $77,8.3.3 $77;834 ^T ,$77,83 ~Z,-8-T4 $155;666 $155,666 .$155,668 2. In paragraph 10 the date of termination of Agreement shall be extended to December 1, 2004. 3. In paragraph 3.b the person authorized by the Town Council of Los Gatos to provide any approvals required under the Agreement on behalf of Los Gatos shall be Kevin Rohani, the Town Engineer. Except as herein modified, the Cooperative Agreement is declared to be in full .force and effect. .APPROVED AS TO FORM: :Saratoga City Attorney APPROVED AS TO FORM: CITY OF SARATOGA By Mayor ATTEST: City Clerk TOWN OF LOS GATOS Los Gatos City Attorney APPROVED AS TO FORM: Water District General Counsel By Mayor ATTEST: Town Clerk SANTA CLARA VALLEY WATER DISTRICT By ATTEST: i f F 4 t i~~ ~} S \~ q,r ff' .~ ~.1 i~ e~ 2..t / pp ~ 1 '~ tt i t 3 11 e e ~; 2 t .^ ^~ y f~ a r t .k i t I a f~ a s'` ~,, ~ t to ~ ~ i~~ t ~ €? A w €:- - z :,~,; t:'~>qq `` '(€ i a€_(i s ~ ~.}y~l~f~€'k ~~~i.E~ :.:vh!}f5~'t}Ji.)~'Fti ~t'~;} Est t~ ?(€a'i .+7( ( F .. I1,I.S 1 Vt;.i..i .. _ll _ ,. - ite> i U ~ -.. ...- .. %fl':Us~i}t i.'i.(~.C] 3~)CT;v i7E_°T' ~~; i~i~ii; July 1 C, 2002 Parks and Public Works Department Town of Los Gatos P.O. Box .949 Los Gatos, CA 95031 Attn: Kevin Rohani, Town Engineer ~: ~ 1 ~~.f C . ,, ~ i I a .J . 1 I / .,r ... J U L 1 .. "~~~2 ,_ ^ -__~.oin~~t~ ~.. ..- ~ ~ia~~~5 _..._i''` ','? '',`'sAND f": tiyC7~1KS'DEPT RE: QUITO ROAD BRIDGES REPLACEMENT PROJECT Dear Mr. Rohani: :Str31'€r3o:jt;~r;~i; Jbi,n Mehaif:±~ :.,r. J.k ~i~•~.. .Please find enclosed three copies of the Cooperative Agreement Amendment. This documents .amends Cooperative Agreement between the City of Saratoga, the Town of Los Gatos :.and the Santa Clara Valley Water District in connection with replacement of two-Quito Road bridges over San Thomas Aquino Creek (Bridge No. 37C-0113 and Bridge No. 37C-0114). The amendment adjusts three items of the original Cooperative Agreement as follows: 1. The new total estimated cost for the project shall be $2,335,000.. Broken into phases per HBRRP requirements: Preliminary Engineering Phase: $525,000 Right-of--Way Phase: $200,000 Construction Phase: ~ 1T,0~0 Total: .$2,335,000 Cost estimate for Preliminary Engineering Phase and Construction Phase remain the same as per my letter to David Pneh of Department of Transportation, dated January 9, 2002, copy of which you have received. Estimate for Right-of--Way Phase is based on estimated engineering work, surveyor's work, Santa Clara County real estate agent's work and purchase right-of--way needed for construction of the bridges. Attachment 2 80% of the total cost comes from HBRRP funds, remaining 20% is shared equally by three agencies. Each agency's share is $155,666. 2. The date of termination of Agreement shall be extended to .December 1, 2004. This should provide sufficient time to .finish the project. As you are aware, in order to finish remaining fieldwork in the vicinity of Bridge No. 37C=0113, a Right of Entry Agreement between a property owner and the City of Saratoga needs to be executed. It is possible, however, that court order for access will be necessary, causing more delays. Presently, projected completion of construction is by the end of May, 2004. 3. The person authorized by the Town Council of Los Gatos to provide any approvals :required under the Agreement on behalf of Los Gatos shall be .Kevin Rohani, the Town Engineer instead of Larry Perlin, who is at present not working .for Los Gatos. Please execute all three Cooperative Agreement Amendments and return back to me. If you have any questions regarding this matter,. please do not hesitate to contact me at (408) 568-1274. Thanks you. Sincerely, ., ~ ~ Iveta Harvancik, Associate Engineer