1998-150-Ratify The Award Of Contract To Bugler Construction And Authorize Funding For The Construction Of Project 9901RESOLUTION 1998 -150
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
TO RATIFY THE AWARD OF CONTRACT TO
BUGLER CONSTRUCTION AND AUTHORIZE FUNDING
FOR THE CONSTRUCTION OF
PROJECT 9901- OAK MEADOW PARK GABION WALL
WHEREAS, bids were sought in conformance with State and Town law, and Bugler
Construction was determined as the lowest bidder for Project 9901 - Oak Meadow Park Gabion
Wall.
THEREFORE, BE IT RESOLVED: by the Town Council of the Town of Los Gatos,
County of Santa Clara, State of California, that the Council ratify the award of contract and
authorize funding for the construction of Project 9901 - Oak Meadow Park Gabion Wall.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 21st day of September, 1998, by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins
Mayor Linda Lubeck
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GAl 1 S
LOS GATOS, CALIFORNIA
r)PnCE ( THE TOWN CLERK
AG
M11
AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE ORD
CLARA FOR LOS GATOS CREEK EMBANKMENT RESTORA��L,
This AGREEMENT is made and entered into on JUN 2 4 19981998 by and between
the Town of Los Gatos, a municipal corporation of the State of California, hereinafter referred to
as "TOWN," and the County of Santa Clara, a political subdivision of the State of California,
hereinafter referred to as "COUNTY."
RECITALS
A. Los Gatos Creek runs through the TOWN onto property owned by the COUNTY at the
boundary between Blossom Hill and Vasona Parks.
B. Severe storms during the winter of 1995 caused high rain water runoff and flooding
resulting in damages throughout northern California, including the failure of
approximately 285 linear feet of embankment along Los Gatos Creek.
C. TOWN and COUNTY each desire to repair their respective parts of the damaged
embankment, and believe that their cooperation in pursuing the repairs as a single joint
project will result in less disruption of creek flow and its natural setings, reduce total
costs and ensure that the entire repair is well engineered and properly constructed in
furtherance of the health, safety and welfare of the citizens of both TOWN and
COUNTY.
D. TOWN and COUNTY each do not intend by this Agreement to delegate any of their legal
discretion to the other.
TERMS
Scope of the Project. The Project shall consist of repairs to approximately 285 linear feet
of failed embankment along Los Gatos Creek at the boundary of TOWN and COUNTY
located at Blossom Hill and Vasona Parks, along with continuous footpaths that are part
of the failed embankment. 90 linear feet of embankment repair is located within TOWN
and 195 linear feet is located within COUNTY. The pro rata share is agreed to be 32
percent for TOWN and 68 percent for COUNTY. The Project shall not include any
repairs or improvements that are not common to the parties such as landscaping or tree
removal and the acquisition or installation of recreation equipment unless this work is
needed for the Project construction. Removal or replacement of trees or other vegetation,
or other facilities that may be required to complete the Project shall be done by and at the
sole expense of the owning party.
2. Cooperation. TOWN and COUNTY shall each cooperate with the other to pursue the
repairs as a single project of both entities. Cooperation shall include, but not be limited
to the following:
a. TOWN and COUNTY shall jointly apply for all required permits and approvals
including, but not limited to, those required by the Army Corps of Engineering
and the Regional Water Quality Control Board, in so doing shall identify the
repair work as a single project of both parties, and shall share the costs of said
applications in a pro rata manner consistent with the percentage of the Project to
conducted on the property of each party as measured by the linear feet of the
embankment to be repaired thereon.
b. TOWN and COUNTY, through their respective Project Managers as identified in
this Agreement, shall jointly review and approve the Project design documents.
TOWN and COUNTY, through their respective Project Managers, shall jointly
review and approve the Project Documents including, but not limited to, the
Project specifications, contract terms, security and insurance requirements, and
the manner of compensation.
d. Competitive bids shall be solicited by COUNTY using the agreed Project
Documents and COUNTY regular bidding process and received by COUNTY,
but shall be opened at the appointed time and evaluated jointly by TOWN and
COUNTY, through their respective Project Managers, who shall make a joint
recommendation to the TOWN Council and the COUNTY Board of Supervisors
regarding the award of the contract. The parties agree to use their best efforts to
resolve any disputes about awarding the contract prior to making the
recommendation. Each party shall retain full rights under the Project Documents
and the California Public Contract Code to reject all bids, and neither party shall
be obligated to award the contract merely because the other party desires to do so.
Changes to the terms of the Project Documents and/or change orders shall not be
approved by one party without the prior written approval of the other.
e. The parties agree that COUNTY, acting through its Project Manager, shall be the
lead manager of the Project and that all contact with the contractor shall be made
through COUNTY, unless otherwise decided by the parties. TOWN shall provide
regular project inspection through its assigned project inspector(s). All inspection
reports produced by TOWN shall upon completion be provided to TOWN and
COUNTY Project Managers. TOWN may be present for all meeting relating to
the Project, such as the pre -bid meeting, the pre - construction meeting, kick -off
meeting, and the weekly on -site meetings after contract award. COUNTY will
provide copies of minutes of the meetings, if any are prepared, to TOWN.
TOWN and COUNTY shall meet on a regular basis throughout the term of the
Project to discuss all issues related to the Project.
f All Project costs, excluding the parties' administrative costs, shall be shared by the
parties in a pro rata manner consistent with the percentage of the Project to be
constructed on the property of each party as measured by the linear feet of the
embankment to be repaired thereon. Each party shall bear its own administrative
costs. Each party shall pay their pro rata share of the costs of design consultant
services in the preparation of the Project Documents, which shall be paid directly
to the design consultant. COUNTY may hire a construction inspector the cost of
which shall be borne by each party on a pro rata basis.
g. The parties shall cooperate to resolve all disputes, including payments to the
contractor, in an expeditious manner.
h. Any work that is not part of the Project but must be done in order to facilitate the
Project such as tree removal, shall be completed by the parties in a timely fashion
so as to avoid any delays in completing the Project.
Payment of Project Costs. COUNTY shall receive all invoices from the contractor in
accordance with the terms of the Project Documents, and shall separately invoice TOWN
for TOWN's pro rata share of the invoiced amounts determined pursuant to the terms of
this Agreement. COUNTY shall include a copy of the contractor's invoices with all
invoices to TOWN. TOWN shall retain all rights under the Project Documents to
withhold payment and investigate invoiced amounts prior to paying invoiced amounts.
TOWN shall use its best efforts to timely notify COUNTY of any potential disputes
concerning contractor invoices in order to allow COUNTY to withhold payment to the
contractor until the dispute is resolved.
4. Maintenance and Operation. Maintenance and operation of the embankment shall remain
as currently determined, consistent with jurisdictional boundaries. This Agreement does
not address any subsequent joint maintenance projects which shall require a separate
agreement.
Project Managers. COUNTY hereby designates Mohammed A Assaf, Senior Facilities
Engineer, Environmental Resources Agency, Parks and Recreation Department, to act as
its Project Manager. TOWN hereby designates Scott Baker, Director of Parks and Public
Works, to act as its Project Manager.
6. Mutual Indemnifications. Hold Harmless: It is mutually understood and agreed:
a. That neither COUNTY, nor any officer or employee thereof, shall be responsible
for any 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
delegated to TOWN under this Agreement. It is also understood and agreed that,
pursuant to Government Code § 895.4, TOWN shall indemnify and hold
COUNTY harmless from any liability imposed for injury (as defined by
Government Code § 810.8) occurring by reason of anything done or omitted to be
done by TOWN under or in connection with any work, authority or jurisdiction
delegated to TOWN under this Agreement.
b. 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 to be
done by COUNTY under or in connection with any work, authority orjurisdiction
delegated to COUNTY under this Agreement. It is also understood and agreed
that, pursuant to Government Code § 895.4, COUNTY shall indemnify and hold
TOWN harmless from any liability imposed for injury (as defined by Government
Code § 810.8) occurring by reason of anything done or omitted to be done by
COUNTY under or in connection with any work, authority or jurisdiction
delegated to COUNTY under this Agreement.
C. TOWN and COUNTY shall require any contractor awarded a contract for any
portion of said Project to secure and maintain in full force and effect at all times
during construction of said Project and until said Project is accepted by
COUNTY, public liability and property damage insurance in forms and limits of
liability and satisfactory and acceptable to both COUNTY and TOWN, naming
COUNTY and TOWN and their respective officer and employees as additional
insureds, from and against any claims, loss liability, cost or expense arising out of
or in any way connected with the construction of said Project. The
aforementioned policy shall contain a provision that the insurance afforded
thereby to TOWN and COUNTY and their respective officers and employees
shall be primary insurance to the full limits of liability of the policy, and that if
TOWN or COUNTY, or their respective officers and employees, have other
insurance against a loss covered by such policy, such other insurance shall be
excess insurance only.
7. Contract Documents and Amendments. COUNTY delegates the Director of Parks and
Recreation or his designee to execute all documents including amendments to this
Agreement.
Notices. Any notice required to be given shall be deemed to be duly and properly
given if personally delivered or mailed postage prepaid, and addressed to:
M
To TOWN:
Scott Baker,
Director, Parks and Public Works
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031
To COUNTY:
Director
Parks and Recreation Dept.
298 Garden Hill Drive
Los Gatos, CA 95030
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
hereinabove set forth.
APPROVED AS TO FORM:
-Orry Korb, Town Attorney
APPROVED AS TO FORM AND LEGALITY
LiL
eputy Cou Counsel %j�
./� a / I�Fg
ATTEST:
PhX
/0 A. Perez, Clerk
Bdird of Supervisors
5
By:
TOWN OF LOS GATOS, a
municipal corporation
COUNTY OF SANTA CLARA, a
political subdivision of the State of
California
B
BLANCA ALVARADO,
Chairperson, Board of Supervisors
ATTEST: / 1
MAR' N Vy. TOWN CL
C S ROVE, iI.
TOWN �F iLO� GATOS, CALIFORNIA