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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. =061ec\_m. U\L4=XUU4I iu\ZAPXUW.A _41 __ a Q v