1996-060-Authorizing The Town Manager To Enter Into A Park Project Agreement With The County Of Santa Clara For Project 9517RESOLUTION 1996 - 60
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO ENTER INTO A
PARK PROJECT AGREEMENT
WITH THE COUNTY OF SANTA CLARA FOR
PROJECT 9517 - LOS GATOS CREEK TRAIL BRIDGE AT LARK AVENUE
BE IT RESOLVED, on April 15, 1996, the Town Council adopted Resolution 1996-
authorizing the Town Manger to enter into a Park Project Agreement for partial project costs for
Project 9517 - Los Gatos Creek Trail Bridge at Lark Avenue, and;
BE IT FURTHER RESOLVED, that the Town Council of the Town of Los Gatos, County
of Santa Clara, State of California, that the Town of Los Gatos enter into this Park Project
Agreement (attached as Exhibit A) with the County of Santa Clara for partial project costs for
Project 9517 - Los Gatos Creek Trail Bridge at Lark Avenue, and that the Town Manager is
authorized, and is hereby directed, to execute said agreement in the name and on behalf of the Town
of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 6th day of May, 1996, by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE OF LOS GAT
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
RESOLUTION 1996 - 60
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO ENTER INTO A
PARK PROJECT AGREEMENT
WITH THE COUNTY OF SANTA CLARA FOR
PROJECT 9517 - LOS GATOS CREEK TRAIL BRIDGE AT LARK AVENUE
BE IT RESOLVED, on April 15, 1996, the Town Council adopted Resolution 1996-
authorizing the Town Manger to enter into a Park Project Agreement for partial project costs for
Project 9517 - Los Gatos Creels Trail Bridge at Lark Avenue, and;
BE IT FURTHER RESOLVED, that the Town Council of the Town of Los Gatos, County
of Santa Clara, State of California, that the Town of Los Gatos enter into this Park Project
Agreement (attached as Exhibit A) with the County of Santa Clara for partial project costs for
Project 9517 - Los Gatos Creek Trail Bridge at Lark Avenue, and that the Town Manager is
authorized, and is hereby directed, to execute said agreement in the name and on behalf of the Town
of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 6th day of May, 1996, by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Randy Attaway
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
PARK PROJECT AGREEMENT
LOS GATOS CREEK
TOWN OF LOS GATOS
This Agreement is made and entered Into between the COUNTY OF SANTA CLARA. a polincal subdivtsim
of Lhe State of California (hereinafter referred to as the 'County"), and the Town of Los Gatos (hereinafter referred
:o as 'Town'
'A HEREAS. the Town owns that certain property on which the Los Gatos Creek Trail IS constructed within
the Town of Los Gatos; and
WHEREAS. the Town is interested in providing improvements to the Los Gatos Creek Trail. and
WHEREAS, the financial resources of the Town in combination with this grant will provide the funding
needed to provide the improvements: and
WHEREAS. the Los Gatos Creek Trail will be open to the public; and
WHEREAS, the Town submitted a funding proposal to the County Parks and Recreation Commission to
Provide funding for improvements to die Los Gatos Creek Trail: and
WHEREAS, the County Parks and Recreation Commission reviewed the merits of the proposal and conveyed
its recommendation that the Board of Supervisors approve the expenditure of 5112,117 from the Fiscal Year 1995-
19% County Park Charter Fund to assist the City in the improvements to the Los Gatos Creek Trail: and
NOW, THEREFORE, in considerationof the mutual promises, covenants and conditions herein. County and
the Town agree as follows:
SECTION I FINDING 'FOR PARK PURPOSES'
The Board of Supervisors has reviewed the facts in support of the project, and the recommendation of approval v
the County Parks and Recreation Commission that the County expend 5112,117 of the County Park Charter Fund ,n
the Fiscal Year 1995.1996 budget, rinds that the project is located in Santa Clara County, is within the Parks ar,d
Recreation Element of the County General Plan, and that the project will be open to the public on an equal basis. will
benefit all citizens of Santa Clara County, and that it serves county park purposes.
SECTION It LOS GATOS CREEK TRAIL
1. Respoosibiliryof the Town. The Town shall have responsibility for the scope of work outlined in Attachment
A (hereinafterrefetTed to as 'Project'), and the Town shall act promptly and without delay with respect :o
such matters in relation to the Project,
a) Preparation of plans and specifications for the Project and constrn:rion of the Project.
b) Hiring, contracting for, or otherwise retaining the professional services of architects, engineers. and
other professional experts as required.
c) Preparationand review of all environmental documents required as a preregtdsiteto approval of the
Project, pursuant to the California Environmental Quality Act, National Environmental Policy Act,
and any rules and/or regulations promulgated thereunder, as applicable.
PAGE 1 OF 4
Exhibit A
III Securing all approvals of all government agencies. which are a prerequisite of the Project.
e) Obtaining bids m accord with the requirements of he County of Santa Clara, awarding the
contract for construction of the Project and supervising and administering the Project.
f) Securing performance and payment bonds or other acceptable guarantees to assure completion of
the Project and the payment of laborers and suppliers of material.
g) As a condition of funding, the Town shall recognize the financial contribution of he Santa Cara
County Board of Supervisors and the Santa Clara County Parks and Recreation Commission by
providing permanent signage to that effect on the Project site.
2. Capital Contributions by Parties to Agreement.
a) County's contribution shall be expended exclusively for items defined in Attachment B as being pan
of the scope of work for completion of the Project.
b) The Town shall be responsible for obtaining any funds needed above the County contribution for
the completion of the Project.
c) No contribution made by the County will be used for salary or adminittrativecosu incidental to he
Project.
Minority Enterprises Policies. In awarding contracts tinder this Agreement, the Town shall comply with the
Minority Business Enterprises policies of the County of Santa Clan in effect at the time of award.
4. Public Park Purposes. Parties to this Agreement understand and agree that the subject Project is to be
accessible by all members of the public for park purposes.
SECTION III. OPERATION AND MAINTENANCE
It is mutually understood that the Project will be constructed, operated, and maintained by the Town for the benetlt
of the public. On -going maintenance is the responsibility of the Town.
SECTION IV COMPENSATION (COUNTY)
County shall contribute a sum of $112,117 only for those items shown on Attachment A. Said sum shall be set aside
by die County out of appropriated funds in Fiscal Year 1993 -1996. The Town will provide County a detailed, itemized
Invoice requesting reimbursement of costs of the Project. The Town's invoice shall be submitted to the County
Director of Parks and Recreation, along with copies of any progress payments made by the Town to vendors, and a
report of the stags of the Project, a copy of construction inspection reports, if applicable, indicating amount of work
completed and copies of any release of liens or payment bonds therefore to protect subcontractors, if applicable. If
the invoice is satisfactory County shall provide payment to the Town within 30 days of receipt of a satisfactory
invoice. If the invoice is tot satisfactory, County has the option to require additional information which will cause
the invoice to be satisfactory, or to pay hat part of the invoice which is satisfactory and decline payment for the
remainder, or combination thereof.
County's contribution shall be expended as indicated in Section 11, paragraphs I and 2. Said contribution must be
expended by June 20, 1997 or said fonds will revert to the County for reprognmming.
Records of the Project shall be maintained for audit purposes for three ye:;rs after compi�,::on of :he Pre zc: x
all claims are settled, whichever occurs last ill records and data shall be available to County upon reasonadz �.et.cz
within five (5) working days of a request by County The Town shall repav County with Interest at the 'ace zarned
on County 's investments for any unauthorized activates disclosed by audit or inspection, mcludtne the :ost of :Pc
audit, within thirty (30) days of demand by County. Prior to disposal,of any such records, the Town ;hail nc:•!! ^+
County and County shall have the opportunity to place records ',n srorage unless written release is zranteci by :ne
Director of the Parks and Recreation Depa.^.ment.
Finds contributed by the County which are not expended under this Agreement prior to June 20, t99- ;hail 7e
returned to the County.
SECTION y. LIABILITY AND INSURANCE
The Town shall defend. indemnity and hold harmless County. its officers, employees, and agents from any loss,
injury. or damage arising out of or in connection with any acts or omissions related to the Project. ,nclud rig :he
operation and maintenance of the Project, or to the performance of this Agreement by the Town.
Throughout the term of this Agreement. the Town, at its sole cost and expense, shall name the County as additional
insured on any insurance policies required by the Town for this Project. The Town shall provide, or have he
contractor provide, such certificate of coverage and/or copy of policy to be included in this Agreement as Attachment
C to show that the County has the same level of coverage, during the same period of time as that required by the
Town.
SECTION VI TERM OF AGREEMENT
This Agreement shall become operative upon its execution by the parties and shall remain operative with the Town
until June 20, 1997 or until completion of the Project and payment by the County, whichever occurs first.
SECTION V❑ AUTHORIZED SIGNATURES
The Town has authorized David Knapp, Town Manager to execute this agreement.
SECTION VIII NOTICES
Any notices provided herein shall be mailed to the respective parties addressed as follows:
Director
Parks; and Recreation Department
298 Garden Hill Drive
Los Gatos, CA 95030
Tele: (408) 358 -3741
Town Manager
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031
Tele: (408) 354 -6832
WHEREFORE, the games by their duly authored representative have entered into this Agreement on the dam srtcur
below:
Geri •
DIANNE MCKENNA
Chairperson. Board of Supervisors
Dated:
Attest:
PHYLLIS A. PEREZ
Clerk, Board of Supervisors
Approved as to form and legality:
KATHRYN A. BERRY
Deputy County Counsel
DAVID KNAPP,
Town Manger, Town of Los Gatos
Dated:
MARIAN V. COSGROVE
Town Clerk, Town of Los Gatos
LARRY ANDERSON
Attorney, Town of Los Gatos
ATTACMUMT A
iC0?= 07 11012
LOS "TOM C17ft T1AIL 81IDO1 AT LAn %vlM
This project consists of the installation Of a prefabricated,
clear span, truss type bridge, approximately 170 lest in length,
10 feet wide, located over Los Gatos Creek, approximately iso
feat north of the Lark Avenue overcrossinq; concrete bridge
abutments; asphalt approaches; over 100 feet Of trail; and
fencing. The naturally oxidized steel bridge will utilize
maintenance -free composite wood - polymer dock material
manufactured from recycled wood and plastic shopping bags.
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