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1984-014-Approving The Street Resurfacing Agreement With City Of San JoseRESOLUTION NO. 1984 -14 RESOLUTION APPROVING THE STREET RESURFACING AGREEMENT WITH THE CITY OF SAN JOSE 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 with the City of San Jose entitled, "Agreement Between the City of San Jose and the Town of Los Gatos Relating to Resurfacing of Streets ", a copy of which is attached hereto. FURTHER RESOLVED, that the Mayor is authorized, and hereby directed to execute said agreement in the name and in behalf of the TOWN OF LOS GATOS. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 6th day of February, 1984 by the following vote: AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Terrence J. Daily, Brent N. Ventura and Mayor Thomas J. Ferrito NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None r SIGNED: f f —MAYOR OF THE TO OF OS GATOS ATTEST: CLERK OF THE SOWN OF LOSOS JA Q 3 1964 AGREEMENT BETWEEN CITY OF SAN JOSE AND TOWN OF LOS GATOS RELATING TO RESURFACING OF STREETS This agreement is made and entered into, effective upon the last date this document is signed by the parties hereto, by and between the TOWN OF LOS GATOS, a municipal corporation of the State of California (TOWN), and the CITY OF SAN JOSE, a municipal corporation of the State of California (CITY), based on the following facts: I. TOWN plans to resurface various streets within the corporate limits of TOWN during fiscal year 1983 -84. 2. Short sections of street or streets, within the corporate limits of CITY, need to be resurfaced, and are adjacent to streets (within TOWN) planned to be resurfaced by TOWN. TOWN AND CITY AGREE AS FOLLOWS: A. TOWN will prepare plans and specifications for the resurfacing of the street or streets in CITY, described below, and will submit copies of said plans and specifications to CITY for approval by City's Director of Public Works. 1. National Avenue from Los Gatos - Almaden Road to Samaritan Drive. B. Upon approval by CITY, TOWN will include in its resurfacing project the sections of street or streets within CITY, described above, and TOWN shall direct its contractor to resurface said streets in accordance with said plans and specifications. C. Upon completion of construction, TOWN shall determine within 30 days after completion and acceptance of the resurfacing project by TOWN, the actual cost and advise CITY of CITY'S share of said cost based on the actual items of work at the respective contract prices constructed in CITY'S jurisdictional boundaries. In addition, a project administration fee of ten percent (10 %) of the actual construction cost shall be charged to CITY. Said project administration fee shall include preparation of plans and specifications, inspection, bidding, contract administration, and incidental expenses of this project. CITY'S estimated share of PROJECT cost, including administration fee, is $26,554.00. CITY'S share has been determined on a basis of estimated work to be conducted within CITY'S jurisdictional boundary and shall be submitted to CITY'S Director of Public Works for approval. Should the CITY'S final cost exceed $30,000.00, payment for exceeded amount to TOWN shall be authorized D. (continued) after approval in writing by CITY'S Director of Public Works up to an additional $5,000.00. CITY shall deposit with TOWN its share of the actual cost (including administration fee) within 90 days after completion and acceptance of the resurfacing project by TOWN. D. TOWN shall require any contractor doing any work within CITY, pursuant to this contract, to secure and maintain for CITY at all times during construction of the project, the same public liability and property damage insurance for CITY as is provided for TOWN. Proof of insurance shall be mailed to: City of San Jose Risk Manager, City Nall 801 North First Street, Room 227 San Jose, California 95110 E. HOLD HARMLESS: It is mutually understood and agreed: a. That 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 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 Section 895.4, TOWN shall fully indemnify 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 TOWN under this agreement 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 CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold TOWN 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 CITY under this agreement under or in connection with any work, authority or jurisdiction delegated to CITY under this agreement. _2® F. Termination. This agreement shall terminate on December 31, 1933 if the work has not started prior to that date. Date: APPROVED AS TO ',RM: ATTEST: an ra ox, Deputy City tt LEftK OF THE CTTV —OF AN E HELEN E. JACKSON, City Clerk Dated � c!4 e/ ATTEST: -3- CITY OF SAN ,.JOSE N Thazae b% Seri MAYO CITY TOWN OF LOO �,ATOS By lei -z TOWN Dated: