1995-082-Authorizing The Town Manager To Execute An Agreement With The Department Of Transportation For Federal Aid For ProjectRESOLUTION 1995 - 82
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER
TO EXECUTE AN AGREEMENT WITH
THE DEPARTMENT OF TRANSPORTATION FOR FEDERAL AID FOR
PROJECT - BLOSSOM HILL ROAD AND PHILLIPS AVENUE RETAINING WALL
BE IT RESOLVED, on June 19, 1995, the Town Council adopted Resolution
1995 -18 authorizing the Town Manager to enter into an agreement for the purpose of obtaining
financial assistance, and;
BE IT FURTHER 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 an agreement
(attached as Exhibit A) with the Department of Transportation, State of California for the
Blossom Hill Road and Phillips Avenue Retaining Wall Project, 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 19th day of June, 1995 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin,
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: '
MAYOR OF THE TOWN F LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
--y� ✓T /d
�✓u r zi
CLERK OF THE TOWN OF 'OS GATOS
LOS GATOS, CALIFORNIA
PROGRAM SUPPLEMENT NO. 007
to
LOCAL AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO. 04 -5067
Da c May 20, 1995
Locatiou: 04- SCL- 0 -LGTS
Project Number: ER- 2851(001)
E.A. Number: 04- 927749
This Program Supplement is hereby incorporated into the Local Agency -State
Agreement for Federal Aid which was entered into between the Local Agency
and the State on 10/16/78 and is subject to all the terms and conditions
thereof. This Program Supplement is adopted in accordance with Paragraph 2
of Article II of the aforementioned Master Agreement under authority of
Resolution No. /-� 3' 2, , approved by the Local Agency on /4 ,
(See copy attached). ti
The Local Agency further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with the covenants or
remarks setforth on the following pages.
PROJECT TERMINI:
(2) LOCATIONS PHILLIPS AVE. IN THE TOWN OF LOS GTOS AND BLOSSOM
HILL RD. WEST OF ROBERTS RD.
TYPE OF WORK: EMERGENCY OPENING LENGTH: 0.0 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[ ] Preliminary Engineering [ ] Right -of -Way [ ]
[ ] Construction Engineering [X] Construction
Estimated Cost Federal Funds I Matching Funds
$ 46578 09G $ 46578 $ Local OTHER 0 $ O OTHER I$ 0
$ 0
Town of Los Gatos STATE OF CALIFORNIA
Department of Transportation
By By
V D KN WMANAGER District Division Chief,
District 4
Date
Attest
Title
Date
M �1
I
I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting office°� /�! G� ( Date S20 9S $ 46578.00
Chapter Statutes I Item
139 1994 2660 -101 -890 94 -95
r r,
i'
Program 1BC1 Fund Source
20.30.010.655500 C 225000 892 -F
t
AMOUNT
46578.00
Page 1 of 2
04- Swu- O -LGTS
ER- 2851(001)
SPECIAL COVENANTS OR REMARKS
DATE: 05/20/95
1. The effective date of this agreement is 01/03/95
2. All maintenance, involving the physical condition and the
operation of the improvements, referred to in Article VI
MAINTENANCE of the aforementioned Master Agreement wz'l be
performed by the Local Agency at regular intervals o: is required
for efficient operation of the completed improvements.
3. The Local Agency will advertise, award, and administer this
project and will obtain the State's concurrence prior to either
award or rejection of the contract.
4. The Local Agency agrees the payment of Federal funds will be
limited to the amounts approved by the Federal Highway
Administratio., in the Federal -Aid PxEoject Agreement (PR -2) /Detail
Estimate, or its modification (PR -2A) or the FNM -76, and accepts
any increases in Local Agency Funds as shown on the Finance or
Bid Letter or its modification as prepared by the Office of Local
Programs.
All emergency relief work reimbursed at 100% must be completed
within 180 days from the end of the storm period. The storm
period is January 3, 1995 thru February 10, 1995. Local Agency
records must clearly identify those costs incurred on or after
January 3, 1995. Incurred costs are defined as goods and
services received. Emergency relief work completed after August
9, 1995 will be funded at the federal aid reimbursement ratio of
88.53 %. The Local Agency will be responsible for the matching
requirement.
6. In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal -Aid Program.
7. Whenever the local agency uses a consultant on a cost plus basis,
the local agency is required to submit a post audit report cover-
ing the allowability of cost payments for each individual consul-
tant or sub - contractor incurring over $25,000 on the project.
The audit report must state the applicable cost principles utili-
zed by the auditor in determining allowable costs as referenced in
CFR 49, part 18, Subpart C - 22, Allowable Costs.
Page 2 of 2
STATE OF CALIFOPNiA- BUSINESS. TRANSPORTATIO
ID HOUSING AGENCY PETE WILSON, Governor
DEPARTMENT OF TRANSPORTATION
BOX 23660
OAKLAND, CA 94623 -0660
(510) 2664444
May 30, 1995
04- SCI- O -LGts
ER- 2851(001)
CA95 -1 Storm
Blossom Hill Rd. &
Phillips Ave
Mr, Michael LaRocca
Director
Parks, Forestry & Maint. Services
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031
Dear Mr. La Rocca:
Attached are two copies of Program Supplements No. 007 to Local Agency -
State Agreement No. 04 -5067 for funding of the above - referenced Federal aid
Project.
If this Supplement is satisfactory, please have both copies signed by the
appropriate officials, and enter the resolution number and date of execution on the
first page. Return both copies of the Supplement together with a certified copy of
the City Council's Resolution approving the Program and authorizing its
execution.
Following our execution of the Supplemental Agreement, we will return a
copy for your files.
Following is the summary of the estimated cost:
Location
Prelim Engr
Construction
Constr Engr
Blossom Hill @ Roberts
2,276
22,761
3,414
Phillips Avenue
1,450
14,502
2.175
TOTAL = $46,578
3,726
37,263
5,589
Sincerely,
JOE BROWNE
District Director
By
Robert Wu
Local Assistance Area Engineer
Exhibit A