1978-155-Authorizing Supplementary Agreement With Santa Clara Valley Water DistrictRESOLUTION NO. 1978-155
RESOLUTION AUTHORIZING SUPPLEMENTARY
AGREEMENT WITH SANTA CLARA VALLEY
WATER DISTRICT
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the TOWN OF LOS GATOS enter into that
agreement entitled "SUPPLEMENTARY AGREEMENT BETWEEN THE SANTA CLARA VALLEY
WATER DISTRICT AND TOWN OF LOS GATOS, RELATING TO CONSTRUCTION OF A BOX
CULVERT ON SHANNON ROAD AT EAST ROSS CREEK", a copy of which is attached hereto,
and that the Mayor is authorized and she is hereby directed to execute said
agreement in the name and in behalf of the TOWN OF LOS GATOS.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos held on the 2nd day of October , 1978, by the
following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, John B. Lochner,
Peter W. Siemens and Mardi Gualtieri
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Nnne
SIGNED:
ATTEST:
CLERK OF PHE TO �i OF tOS GATOS
SUPPLEMENTARY AGREEMENT BETWEEN THE SANTA CLARA
VALLEY WATER DISTRICT AND TOWN OF LOS GATOS,
RELATING TO CONSTRUCTION OF A BOX CULVERT ON
SHANNON ROAD AT EAST ROSS CREEK
THIS AGREEMENT,riade and entered into this day of
19785 by and between the SANTA CLARA VALLEY WATER DISTRICT (DISTRICT), a
local public agency of the State of California, and the TOWN OF LOS GATOS
(TOWN), a municipal corporation of the State of California;
W I T N E S S E T H:
WHEREAS, the parties hereto, on April 26, 1977, entered into an
agreement, a copy of which is attached hereto as Exhibit "A", and
incorporated herein by reference, calling for construction of a new culvert
and related improvements on Shannon Road at East Ross Creek; and
WHEREAS, the parties desire to extend the termination date of said
agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. All terms and conditions contained in Exhibit "A1l are mutually
re- adopted and agreed to anew, with the following modifications, as noted
in Item 2, hereafter.
2. The termination date, as set forth in Paragraph 15 of Exhibit
"A", shall be June 30, 1979.
IN WITNESS WHEREOF, the parties hereto have executed this Supplementary
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A0304
C�.�'JERr cc�<� ,:d�Tl,.�- nGP%t,lEa'!•
SHANNON i <f-AD AT EAST NOSS CO-HY
TOWN OF LOS GATOS - SANIA CLi,?P. VAi,1,EY C9ATER LISTRICT
This agreement is made and entered into _ April 26, _ 1977,
between the TOWN OF LOS G: ^TOS' (Town), a m-)ni ipa'. c.orpor•stion, dnd
SANTA CLARA VALLEY WATER LIS'PFTCT (Distri._:t), a lo:.al public _ r�n_y o`
the State of California.
This agreement is made referonc,, to .ho
Shannon Road, a city str(s.'_t, cr;;ss•_- y:)ss Crc::!: in t.ho . _: n. 1
Town wants to build a v.id,, r cu1vort _O^ Shanno:1 ?:•J'C aCi CS ES>': ... 33
Creek to accommodate d ':idcr road . he word " culvert" refers to t;:e
described creek crossing structure and the c -.,ord "project" to .:i_l of 11'.:e
work and acquisitions shuwn on the approved plans.) The is
a culvert of lF.rger hydn ;,zli.c : apcity than that i•;hich no::, ex- -Sts.
Therefore, the Town and District a-iree that if the Town plans and
constructs a wider culvert '.� /ich provisions for in:2reased water flow,
Clio L15trict will share i'it :.Iln �.OSL r11C; culvert: a:. i rcol ' --1 Cei1-
struction, provided that the plaIlnia,, Construction and Cost sharu,:j
are governed by the terms of this ayree,nent.
1. Scone of Work. The ':cork consists of
culvert which will replace: the "existing narro,v stn.0 Lure and an
adjacent private driveway culvert. The now structure will accom-
modate the following: (a) said drivcaay; (b) a road 28 feet
(between curb face,) curbs, four -foot sidewalks, and
appropriate railing on each side :inrl ,approaches suitable for, the
location. The culvert opening sire has been specified
or otherwise, if it is practic.ol t) cio so without
condemnation proceedings.
This agreement does not obligate the Town to pass such resolution,
since the determination of necessity is one that must be made in
the manner prescribed by law, nor to acquire intere:.Ps in real
property or otherwise proceed with the project unless the require-
ments of the California Environmental Ounlity Act are met, and
unless the wort: can be done at a cost which is acceptr:ble tD th
Town.
6. Award of Contract. Within 30 days after receiving
notification that the District has approved the cost estimate,
the Town may advertise for bids for construction of the culvert
as shown in the plans and specifications o_proved by the District.
If the lowest responsible bid is not more than IOA over the
estimate the Town may award a contract to the bidl>r and sunor-
vise the construction of il:_ cul-Art to complcticn. If the eo"ast
responsible bid is more than lUy ova the estimate nmrayc:1 bJ Lh:-
District, the awarding of n contract and the incurring of costs
by the Town will not result in any District obliq -Lion to pay for
any part of the project unln:s the awarding of the contract is
approved by the District in writing.
7.
prereouisites to
District Ohli_gntion. IF,
in Lho :Wanner
provided
in this agreement,
the Town lets a contract
for the ',work
of construction of the project, the District will become obligated
to pay that part of the cost of the project provided by this agreement.
B. Insurance. In any contract let pursuant to this agreement
the Town will require the contractor to carry liability insurance
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extra work authorized by the 'own and approved by the District.
The foregoing cost allocation is understood and agreed to
be based on and to follow the Joint Guidelines of the City of
San Jose and the Santa Clara Valley :inter Districr for tike
Planning, Design and Construction of Uridges, datod i•iarch 23, 1574.
10. Payment. Within 30 clays =f ter written rwt____at_.,.� a
the contract has been the DiStrict
Town its estimated share of 00 total cost. 2i!c
537 of a mum calculated �ro::l the ect:u;_1 bid costs of the ite is
will be listed as described in lotion 4, and Lhe cost of enAnen.01,>
advertising, and printing performed to the date of t.ne Ssti(Carn,
District's total share of ousts seal -1 not exceed 023,000, Mnros"s
in land now owned by the District or the Town used in conno `ion..�ith
the project will be contr Muted to Lin project or9 :-sill not e inciudc
in the Calculation of any COSt estimalce, accountinT or P5Y.Me_nL.
When the project is compieted tilt Tbcm will make an accountin3
to the District or ios 'Oucii :O<3c ttic DL- ,'r1:_'.. :3 actual. :...=re o_
the cost will be calculatcdF. 11 Lieu Gistrict's =u „1 share is :Wore
than the deposit the District will pay tiie dl `C —L q n ro the TOW”; if
less, the Toran will refund the ciifierenta.
11. CEQA, The Town is the lead agency and ,;ill comply with the
California Environmental Quality Act.
12. Equal Employmr.nt opportunity. Town will insure that all
action relative to designing and constructing said project till comply
with the requirements of current model pederal ECCi bid conditions.
13. Maintenance. The 'ib, - ;n will, upon completion and acceptance
of the project, grant to the District such easements as are necessary
to allow the District to assume maintenance of t.hc channel of East
Ross Creek, which the District Lhereaiter agrees to maintain, at
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TOWN OF LOS GATOS: (Continued) SAiT -A CLARA V,1LLEY WATER DISTRICT:
ATTEST: ATTEST: VIOLET V. Biv'ii ^iDEP.
TolNn Clerk Clerk of said Board of Directors
APPROVED AS TO FORM: APPROVED AS TO FOR%1:
ViAtt/o'rney' General Counsel
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