HomeMy WebLinkAbout12-26-2002 City Council Agenda Packet
AGENDA
SPECIAL MEETING
SARATOGA CITY COUNCIL
DECEMBER 26, 2002
The Mayor of the City of Saratoga hereby calls a Special Meeting of the Saratoga City
Council to beheld on December 26, 2002 at 5:15 p.m. in the Administrative Conference
Room, 13777 Fruitvale Avenue Saratoga, California to discuss the items below.
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on
December 20, 2002)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS ,
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agena'a. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff. .
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
None
WRITTEN COMMUNICATIONS
None
ARCHIVE COPY
ORAL COMMUNICATIONS -COUNCIL DIRECTION TO : _
Instruction to Staff regarding actions on current Oral Communications.
NEW BUSINESS
1 A. Approval of Cooperative Agreement with the County of Santa Clara for the Paving
of Prospect Road
Recommended action:
Approve agreement.
IB. Saratoga Library Project -Award of Contract for Telephone & Data Work
Recommended action:
Move to award a contract to the lowest qualified bidder as recommended by
Gilbane and City Staff.
ADJOi7RNMENT
In Compliance with the Americans with Disabilities Act, if you need assistance to
participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification
24 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title IIJ
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CITT OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2003
Holiday
Regulaz Meeting -,City Attorney Evaluation
Adjourned Meeting - Planning Commission, Heritage Preservation
Commission
Council Retreat
Regulaz Meeting
Adiourned Meeting -Youth Commission, Library Commission, Arts
Commission
Regulaz Meeting
3/5 Regulaz Meeting -
3/11 Adiourned Meeting - SASCC, Pazks and Recreation Commission
3/19 Regular Meeting
4/2 Regular Meeting
4J16 Regular Meeting
4/22 Adiourned Meeting -Public Safety Commission, Sheriff, Fire Districts
5/7 Regular Meeting
5/10 Council Retreat
5113 Adjourned Meetin -Finance Commission, Chamber of Commerce,
SBDC
5/21 Regulaz Meeting
6/4 Regular Meeting
6/18 Regular Meeting
7/2 Regular Meeting
7/16 Regular Meeting
8/6 Regulaz Meeting -City Manager Evaluation
8/20 Summer Recess
9/3 Regular Meeting
9/17 Regular Meeting
9/23 Adiourned Meeting -Public Safety Commission, Saratoga Union-School
District, Cupertino Union School District, Campbell Union School District
10/I Regular Meeting
10/15 Regular Meeting
11/5 Regular Meeting
11/19 Regulaz Meeting
12/3 Regular Meeting
12/9 Adjourned Meeting -Council Reorganization
12/17 Regular Meeting
SARATOGA CITY COUNCIL
MEETING DATE: December 26, 2002 AGENDA ITEM: I
ORIGINATING DEPT: ublic Works CITY MANAGER: /~~~-- O'~------
PREPARED BY: DEPT HEAD: C C_I/Y-~l.a'-~'`~"Q.
SUBJECT: Approval of Cooperative Agreement with the County of Santa Clara for the paving of
Prospect Road.
RECOMMENDED ACTION(S):
Authorize City Manager to execute a Cooperative Agreement with the County of Santa Clara for
the paving of Prospect Road, from. Maria Lane to Parker Ranch Road.
REPORT SUMMARY:
Back rg ound
Recently Saratoga City Staff approached the County of Santa Clara with a proposal to enter into a
cooperative agreement in connection with paving work on Prospect Road along our shazed city
limit line (the City shazes a common border along the approximate centerline of Prospect Road
between Maria Lane and the Saratoga Country club). The cost estimate for this work is $79,200.00,
of which $39,600.00 will be reimbursed to the City upon completion of the project.
Cooperative agreements of this kind have been executed between the City and its neighbors
occasionally through the years. The most recent cooperative agreement was executed in July 2001
with the City of Cupertino when Cupertino performed a paving project along a shazed section of
Prospect Road. Joint paving projects benefit both jurisdictions by normalizing the pavement
condition of the commonly shazed road.
The City has included this work as a part of the 2002 Pavement Management Program, and the
contract has been awarded to Bortolotto, Inc. of San Carlos.
FISCAL IMPACTS:
The adopted budget contains sufficient funds to cover the expenditures for this work in Activity
3005 (Street Maintenance) -Account No. 4010 (Contract Services). The City will be reimbursed
for the County's share of the paving of Prospect Road, which will be approximately $39,600.00.
Y
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):_
The cooperative agreement would not be executed, and Prospect Road would not be paned at this
time.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
A cooperative agreement will be executed by the City Manager.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Cooperative agreement between the City of Saratoga, and the County of Santa Clara.
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AGREEMENT BY AND BETWEEN THE COUNTY OF SANTA CLARA AND THE
CITY OF SARATOGA FOR THE PROSPECT ROAD STREET RESURFACING
PROJECT
THIS AGREEMENT is made and entered into this day of ,
200_ by and between the County of Santa Clara, a municipal corporation of the State of
California, hereinafter referred to as "COUNTY" and the City of Saratoga, a municipal
corporation of the State of California, hereinafter referred to as "CITY".
RECITALS
WHEREAS, it is in the public interest to rehabilitate and resurface Prospect Road
between Maria Lane and Pazker Ranch Road, hereinafter referred to as "PROJECT"; and
WHEREAS, the PROJECT primarily lies within the jurisdictional limits of CITY and the
portions within CITY have been approved for street maintenance by CITY as the 2002
Pavement Management Program; and
WHEREAS, a portion of the PROJECT, from Maria Lane to Pazker Ranch Road, lies
partially within the jurisdictional limits of COUNTY; and
WHEREAS, it is in the public interest for COUNTY and CITY to perform the PROJECT
in an cooperative and economic manner by performing both COUNTY and CITY
portions of the PROJECT together; and
WHEREAS, COUNTY and CITY desire to share the costs of the PROJECT;
NOW, THEREFORE, in consideration of their mutual promises and agreements, and
subject to the terms, conditions, and provisions hereinafter set forth, the parties hereto
agree as follows:
AGREEMENT
1. SCOPE OF PROJECT
1.1 The PROJECT consists of removing and replacing isolated-areas of
pavement failures, removing and replacing traffic striping and markings,
placing pavement fabric, resurfacing the roadway with asphalt concrete
within the PROJECT limits, and performing incidental work.
2. SCOPE OF WORK
2.1 CITY has awazded a contract to Bortolotto & Co. to complete the CITY's
2002 Pavement Management Program ("Contract"). CITY shall be
responsible for the management of the Contract including construction
• inspection, issuing change orders, approving and processing progress
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payments, coordinating final walk through, preparing punch list,
recommending final acceptance and completing as-builts for work
performed within COUNTY and CITY.
2.2 COUNTY shall field mark areas of failed pavement within COUNTY to be
included in the Contract within _ days of executing this agreement. CITY
will add the COUNTY'S portion of the PROJECT to the Contract as extra
work to the extent that the work is not included in the existing scope of the
Contract. CITY shall coordinate with COUNTY on final walk through and
preparing punch list. COUNTY shall promptly review and respond to all
requests by CITY for review and approval of plans or work in connection
with the Project. No approval in connection with the Project shall be
unreasonably withheld.
2.3 CITY shall administer the Contract and, as such, shall possess all powers
> . common to both CITY and COUNTY that may be necessary to effectuate
the purpose of this Agreement, subject only to the manner of exercise of
such powers provided herein and the restrictions imposed by law upon
CITY in exercise of such powers.
2.4 The designated project manager for CITY for the duration of the PROJECT
is Morgan Kessler, Assistant Engineer. CITY's project manager shall have
all the necessary authority to direct technical and professional work within
the scope of the Agreement and shall serve as the principal point of contact
with COUNTY. The designated project manager for COUNTY for the
duration of PROJECT is Al Chan, Senior Civil Engineer. COUNTY'S
project manager shall have all the necessary authority to review and approve
and accept technical and professional work within the scope of the
Agreement and shall serve as the principal point of contact with CITY.
COST SHARING OF PROJECT
3.1 COUNTY agrees to pay CITY for all actual PROJECT costs for work
performed within the jurisdictional limits of COUNTY up to $50,000 plus
15% of such costs, to cover environmental review, engineering, construction
inspections, PROJECT management, printing, advertising, and other
required incidental expenditures. COUNTY share is estimated to be and
shall not exceed $57,500.00.
3.2 Upon completion and acceptance of PROJECT by CITY, CITY shall
forwazd to COUNTY, within thirty (30) days, a statement of all PROJECT
costs and an invoice for funds due CITY for work within COUNTY. This
statement shall list the costs of construction of all PROJECT work
completed within the jurisdictional limits of COUNTY based on the actual
prices paid pursuant to the Contract and any subsequent change orders. .
Page 2 of 2
3.3 COUNTY shall pay CITY the total amount due within 45 days of billing.
4. MAINTENANCE AND OPERATION AND CONDITION PRECEDENT TO
OBLIGATIONS
4.1 This AGREEMENT.does not change any authority or responsibility
between CITY and COUNTY with regazd to maintenance, operation or
future repair responsibility for the portion of Prospect Road located within
the COUNTY.
4.2 The rights, duties, and obligations of the parties herein are expressly
contingent upon the successful negotiation and execution of a change order
with Bortolotto & Co. for the performance of the portion of the PROJECT
within the COUNTY. If the CITY is unable to negotiate a change order
with the contractor then this AGREEMENT shall terminate and shall be
voided.
5. INSURANCE AND IDEMI~TIFICATION
5.1 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 CITY under or in connection with any work, authority or
jurisdiction delegated to CITY under this agreement. It is understood and
agreed that, pursuant to Government Code Section 895.4, CITY shall
indemnify, defend, and hold COUNTY harmless from any liability imposed
for injury (as defined by Govermnent Code Section 810.8) occurring by
reason of anything done or omitted to be done by CITY under this agreement. --
It is understood and agreed that the foregoing indemnity applies solely to
liability arising from the acts or omissions of CITY and does not extend to
liability for injury or claims arising from the acts or omissions of the
contractor performing the work.
5.2 Neither CITY 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 or
jurisdiction delegated to COUNTY under this agreement. It is understood and
agreed that, pursuant to Government Code Section 895.4, COUNTY shall
indemnify, defend, and hold CITY harmless from any liability imposed for
injury (as defined by Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by COUNTY under this agreement.
5.3 CITY shall require the contractor performing the work to secure and maintain
in full force and effect at all times during construction of the PROJECT and
. until the PROJECT is accepted by CITY, public liability and property damage
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insurance in forms and limits of liability acceptable to both COUNTY and
CITY naming COUNTY and CITY and their respective officers, employees
and agents as additional insured from and against all damages and claims, loss
of liability, cost or expense arising out of or in any way connected with the
construction of the PROJECT.
6. ADDITIONAL PROVISIONS
6.1 A party's waiver of any term, condition or covenant, or breach of any term,
condition or covenant shall not be construed as a waiver of any other term,
condition or covenant or reach of any other term, condition or covenant.
6.2 This Agreement contains the entire Agreement between CITY and
COUNTY relating to the PROJECT. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are
of no force or effect.
6.3 If any term, condition or covenant of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining
provisions of this Agreement shall be valid and binding on CITY and
COUNTY.
6.4 This Agreement shall be governed and construed in accordance with laws of ,
the State of California.
6.5 This Agreement maybe executed in counterparts.
6.6 The term of this Agreement shall commence upon execution of the
Agreement by both parties and terminate upon PROJECT acceptance and
final payments or upon mutual written consent of both parties. Warranty
period shall be one (1) year from the acceptance date as specified in the City
of Sazatoga Standazd Specifications.
6.7 All changes or extensions to this Agreement must be in writing in the form
of an amendment and approved by both parties.
6.8 This Agreement is entered only for the benefit of the parties executing this
Agreement and not for the benefit of any other individual, entity or person.
NOTICES
All correspondence relating to the PROJECT, including all notices required under
this Agreement maybe delivered by first class mail addressed to the appropriate •
party at the following addresses.
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• COUNTY: Michael Murdter, Director
Roads and Airports Department
101 Skyport Drive
San Jose, CA 95 1 1 0-1 3 02
CITY: John Cherbone
Director of Public Works
13777 Fruitvale Avenue
Saratoga, CA 95033
IN WITNESS WHEREOF, the parties have executed the AGREEMENT the day and
year set forth above.
CITY:
CITY OF SARATOGA, a municipal corporation
By: Date:
Nick Streit, Mayor
ATTEST:
Bq: Date:
Cathleen Boyer, City Clerk
APPROVED AS TO FORM:
Richard Taylor, City Attorney
By:
COUNTY:
COUNTY OF SANTA CLARA
By:
Date:
Date:
Chairperson
Santa Clara County Board of Supervisors
Page 5 of 5
ATTEST:
By:
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
By:
Deputy County Counsel
COUNTY OF SANTA CLARA
By:
Chairperson
Santa Clara County Board of
Supervisors
By:
(Title)
ATTEST:
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
Deputy County Counsel
Dater
Date:
CITY OF SARATOGA
Dave Anderson
City Manager
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:,
SARATOGA CITY COUNCIL
MEETING DATE: December 26, 2002 AGENDA ITEM:
ORIGINATING DEPT: City Manager's Office CITY MANAGER:
PREPARED BY: Lorie Tinfaw DEPT HEAD:
1~
SUBJECT: Saratoga Library Project-Award of Contract for Telephone & Data Work
RECOMMENDED ACTION(S):
Move to awazd a contract to the lowest qualified bidder as recommended by Gilbane and City
staff. ,
Move to authorize staff to execute change orders to the contract up to 10% of the total award.
REPORT SUMMARY:
Sealed bids for the Sazatoga Library Project Telephone and Data work were due and opened on
December 26, 2002, at 2:00 pm. The cost estimate provided by Gilbane for this scope of work
was approximately $140,000.
FISCAL IMPACTS:
Funding for this work is programmed in the adopted budget in CIP No. 0103 Library Expansion -
Account No. 4010 Contract Services.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Completion of the library expansion project would be delayed and the cost resulting from
rebidding the project could be higher than the recommended bid.
ALTERNATIVE ACTION(S):
Reject the bids received and initiate an additional bid solicitation process and project timeframe.
FOLLOW UP ACTION(S):
The contract will be executed and the contractor will be issued a Notice to Proceed. Work will
begin as soon as possible.
ADVERTISING, NOTICING AND PUBLIC CONTACT:.
The bid package was advertised in the December 11, 2002, edition of the Saratoga News, at least
two weeks prior to the bid deadline as required by law,
ATTACHMENTS:
None.
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