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1999-020-Adopt Resolution Authorizing The Town Manager To Enter Into An Agreement Between The Town And City Of Monte Sereno For Project 9804RESOLUTION 1999 - 20 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPT A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE CITY OF MONTE SERENO FOR PROJECT 9804 - STREET RESURFACING PROGRAM - WINCHESTER BOULEVARD OVERLAY PROJECT WHEREAS, it is the mutual best interest of the Town of Los Gatos and the City of Monte Sereno to work cooperatively, and WHEREAS, the Town will benefit financially by reducing the project's construction costs and future maintenance costs, and WHEREAS, the agreement entitled "AGREEMENT BY AND BETWEEN THE CITY OF MONTE SERENO FOR PROJECT 9804 - STREET RESURFACING PROGRAM - WINCHESTER BOULEVARD OVERLAY PROJECT." on file in the Office of the Town Clerk, are hereby approved; and THEREFORE, BE IT RESOLVED: that the Town Council does hereby authorize the Manager to execute this agreement between the Town of Los Gatos and the City of Monte Sereno (Exhibit A) providing contract for Project 9804- Street Resurfacing Program - Winchester Boulevard Overlay Project. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 1 st day of March, 1999 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski, Mayor Jan Hutchins. NAYS: None ABSENT: None ABSTAIN: None SIGNED. A OR OF TOWN OF LOS GATOS L S- GAT'OS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF L ATOS LOS GATOS, CALIFORNIA DW AGREEMENT BETWEEN THE TOWN OF LOS GATOS A198D °°°° THE CITY OF MONTE SERENO FOR STREET SURF AC9 - "— This AGREEMENT is made and entered into on , 1998 by and between the Town of Los Gatos, a municipal corporation of the State of California. hereinafter referred to as "TOWN," and the City of Monte Sereno, a municipal corporation of the State of California, hereinafter referred to as "CITY." RECITALS A. The Citv and the Town want to continue their efforts to make their municipal services as efficient as possible and to complement each other's capabilities to deliver high quality services to each municipality's residents while sustaining local controk: B. The City and the Town intend to perform resurfacing work during the coming 8 months as part of their Capital Improvement Proarams. C. Cooperating in the plan, specification, bidding. inspection. and payment process involved in that work would save money in both staff and contractor expense. D. TOWN and CITY each do not intend by this Agreement to delegate anv of their le"al discretion to the other. TERMS I. Scope of Project. Town is planning to resurface a substantial portion of Winchester Boulevard as a Capital Improvement Program project. Within the project limits. City has jurisdiction of approximately 900 linear feet of street from Pleasant View Avenue to East Vineland Avenue (Attachment 1 -Map). Town has met with City to estimate quantities and costs (Attachment ? - letter). City is interested in receiving the same services contemplated by Town. 1. Town has hired the consultant firm of Nichols Vallerga & Associates. hereinafter referred to as "cobsultant" to perform: IACve' 99• 09Y a) Falling weight deflectometer testing. coring, and evaluation of existing pavement surfaces and subsurface conditions.r b) Prepare plans, specifications, and estimates (P.S.E.). Test results, (P.S.E) will be delivered to Cijty. c) Construction management and inspection services will also be provided by consultant. Copies of pertinent documents and inspection records shall be delivered to City. 2. Town is proposing to perform the "base reconstruction" with its own forces in the summer and fall of 1998. I Town is proposing to bid the "overlay" in early 1999, as weather conditions permit. 2. Cooperation. TOWN and CITY shall each cooperate with the other to pursue the repairs as a single project of both entities. Cooperation shall include, but not be limited to, the followina: r a. TOWN and CITY, through their respective Project Managers, as identified in this Agreement, shall jointly review and approve the Project design documents. b. TOWN and CITY, through their respective Project Managers. shall jointly review and approve the Project Documents including, but not limited to, the Project specifications. contract terms. security and insurance requirements, and the manner of compensation. c. Competitive bids shall be solicited by TOWN using the agreed Project Documents and TOWN regular bidding process and received by TOWN, but shall be opened at the appointed time and evaluated jointly by TOWN and CITY, through their respective Project Managers, who shall make a joint recommendation to To,,vn Council and Lijy Council regarding the award of the contract. The parties agree to use their best efforts to resolve any disputes about awarding the contract prior to making the recommendation. Each party shall retain full rights under the Project Documents and the California Public Contract Code to reject all bids, and neither party shall be obligated to award the contract merely because the other party desires to do so. Changes to the terms of the Project Documents and/or change orders shall not be approved by one party without the prior written approval of the other. d. The parties agree that TOWN, acting through its Project Manager, shall be the lead manager of the Project and that all contact with the contractor shall be made through TOWN. unless otherwise decided by the parties. TOWN shall provide regular project inspection through its assigned project inspector(s). All inspection reports produced by TOWN. shall upon completion, be provided to TOWN and CITY Project Managers. CITY may be present for all meetings relating to the Project, such as the pre -bid meeting, the pre- construction meeting, kick -off meeting, and the weekly on -site meetings after contract award. TOWN will provide copies of minutes of the meetings, if any are prepared, to CITY. TOWN and CITY shall meet on a regular basis throughout the term of the Project to discuss all issues related to the Project. e. All Project costs, excluding the parties' administrative costs, shall be shared by the parties in a pro rata manner consistent with the percentage of the Project to be constructed as outlined in Attachment 2. f. The parties shall cooperate to resolve all disputes, including payments to the contractor, in an expeditious manner. t g. Any work that is not part of the Project, but must be done in order to facilitate the Project, shall be completed by the parties in a timely fashion so as to avoid any delays in completing the Project. 3. Payment of Project Costs. TOWN shall receive all invoices from the contractor in accordance with the terms of the Project Documents. and shall separately invoice CITY. CITY shall retain all rights under the Project Documents to withhold payment and investigate invoiced amounts prior to paying invoiced amounts. CITY shall use its best efforts to timely notify TOWN of any potential disputes concerning contractor invoices in order to allow TOWN to withhold payment to the contractor until the dispute is resolved. The CITY may request documentation such as invoices; and weight certifications necessary to verify actual quantities. 4. Maintenance and Operation. Maintenance and operation of the street shall remain as currently determined. consistent with jurisdictional boundaries. This Agreement does not address any subsequent joint maintenance projects which shall require a separate agreement. 5. Project Managers. CITY hereby designates Robert Shook, City Engineer, to act as its Project Manager. TOWN hereby designates Scott R. Baker, Director of Parks and Public Works, to act as its Project Manager. a • 6. Mutual Indemnifications. Hold Harmless: It is mutually understood and agreed: a. 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 TO`VNI 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 § 895.4. TOWN shall indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code § 810.8) 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. 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 § 89.4, CITY shall indemnify and hold TOWN harmless from any liability imposed for injury (as defined by Government Code § 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with anyrwork, authority or jurisdiction delegated to CITY under this Agreement. c. TOWN and CITY shall require any contractor awarded a contract for any portion of said Project to secure and maintain in full force and effect at all times during construction of said Project and until said Project is accepted by CITY, public liability and propem! damage insurance in forms and limits of liability and satisfactory and acceptable to both CITY and TOWN. naming CITY and TOWN and their respective officer and employees as additional insureds, from and against any claims. loss liability, cost or expense arising out of or in any way connected with the construction of said Project. The aforementioned policy shall contain a provision that the insurance afforded thereby to TOWN and CITY and their respective officers and employees shall be primary insurance to the full limits of liability of the policy, and that if TOWN or CITY, or their respective officers and employees, have other insurance against a loss covered by such policy, such other insurance shall be excess insurance only. 7. Contract Documents and Amendments. CITY delegates the Citv Manager or their designee to execute all documents including amendments to this Agreement. 8. Notices. Any notice required to be given shall be deemed to be duly and properly given if personally delivered or mailed postage prepaid, and addressed to: a 4 To TOWN: Scott R. Baker, Director of Parks and Public Works Town of Los Gatos P.O. Box 949 Los Gatos, CA 95031 To CITY: Robert Shook, City Engineer City, of Monte Sereno 18041 Saratoga -Los Gatos Road Monte Sereno, CA 95030 F IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year. First hereinabove set forth. APPROVED AS TO FORM: �>f_ V__!:�> 0 , orb, Town Att orney APPROVED AS TO FORM AND LEGALITY Robert Logan, City Attorney Monte Sereno ATTEST: Andrea M. Chelemengos f City,', lerk City of Monte Sereno 5 TOWN, OF LOS GATOS, a Municipal Corporation David W. Knapp. Town Manger CITY OF MONTE SERENO, a Municipal Corporation Bv: Brian Loventhal, City Manager City of Monte Sereno 17535 (� 17350 ' 57 n �l ,, zo 2, ' zs 1//nelanC ve. vrti ,,� o` rn 7521 5473 s� s4 g, 4g° 4g 4s zs 3 �^ 847 0 324 J� �o ^� /`o� v i� IrL V. ! N � L I I ^ � ' r ^ �- 156081 15603 �., 15566 o Lane 1561 j o 582 15574 O 56o0 c° 1758 z ,� vi o° 1 d- q ve 1 ASS ti c 1(0 101 1 V* O 9 o J �b1 6 j n000 Ave L O(J co I Plea lz 859 1367-0 ^ '� ° 15680 L ^ ^ �1 CP 1,56,90 `r 157()o 1571 n n9 _ i f EZEM Ej? _ SC1100t I A �CHMENT "1" r a r, M "t ^�ch .4.p V m VASONA LAKE CCUNTY -ARK lO° Ct. (p r.) gap i 11 I' 11 n Pf a ` m " I e 1^ O °t yew r 17 el Orley rlo r �`• o moume � -'� u � April 14, 1998 ATTACHMENT "2" TowN of Los GATos DEPARTIENT OF PARKS & PUBLIC WORKS CMC C-NM 408 399 -5773 110 E. MAIN' STRM ( ) P.O. Box 949 FAX ( 408) 3 54 -8529 Los GAtos, CA 95031 Mr. Bob Shook City of :Monte Sereno 18041 Saratoga -Los Gatos Rd Monte Sereno, CA 95030 -4299 Subject: Revised Cost Sharing of Resurfacing Winchester Boulevard Dear Bob: r I understand you are interested in participating in the upcoming street resurfacing program for Winchester Boulevard. We are planning to do the digout work this summer and the overlay early in 1999. I have revised the cost estimate to reflect the changes per our follow up meetings. I have attached our work sheets in support of our costs and estimates. We will provide the City Monte Sereno with copies of test results and plans as a deliverable item under category 2 below. 1. Construction including 10% contingency 2. Consultant including 10% contingency (Nichols Consulting Engineers -- pavement specialists) 3. Base reconstruction/Digouts S. Town Administration Fee at 17.3% TOTAL MONTE SERENO'S CONTRIBUTION $34.272 $4,453 $17,585 $9,854 $66,164 The actual amount may vary because the contract is based on estimated quantities. If you decide to participate in this project or if you have any questions, please call me at the above number. Sincerely yours, an"� SCOTT R. BAKER Director of Parks and Public Works SRB:vw A ;IE�SH00K. cc: Vivian Wong, Junior Eng 1 CITYOF MONTE SERLNO Winaester Blvd. Repair :areas May 14, 1998 East Side West Side 8x103 5x18 13 x117 12x 14 8 x 39 12 x ZI? 5 x129 13x56 x69 6 A4 13 x47 13 x60 11x8 10x20 1998 Street Resurfacing Estimates t" 1. Construction, including contingency, on Winchester Blvd (from before Pleasant View Ave to E. Vineland Ave): Note: 25% is added to the cost to include appurtenances, wedge cutting, base repairs, pavement fabric, crack filling, leveling course, and striping. 2. Consultant (Nichols Vallega & Associates), including contingency: Total amount for Consultant's professional services Total amount for 1998 -1999 Street Resurfacing Program Monte Serena's cost share for consultant: Total Consultant's Cost = Total Street Resurfacing Program = 6187 190 = 6187,190 J ached agreement) _�--- = 61,440,610 (attached CIP excerpt) Monte Serena's Consultant Cost Share Total Monte Serena Street Wdth Street Length Width x Length 2" Overlay Unit Price Subtotal Additional Costs I Cost (M (M (sg -ft) (ton) (6 /ton) I (6) 25% 1 ($) Monte Serena 1 61 1 850 51,850 648.131 642.00 1 627,221.25 66,805.31 634,026.56 portion before Pleasant View Ave 11 34 374 4.68 642.00 6196.35 649.09 5245.44 Total Monte Serena , 884 52,224 652.80 642.00 627,417.60 66.854.40 534,272.00 Note: 25% is added to the cost to include appurtenances, wedge cutting, base repairs, pavement fabric, crack filling, leveling course, and striping. 2. Consultant (Nichols Vallega & Associates), including contingency: Total amount for Consultant's professional services Total amount for 1998 -1999 Street Resurfacing Program Monte Serena's cost share for consultant: Total Consultant's Cost = Total Street Resurfacing Program = 6187 190 = 6187,190 J ached agreement) _�--- = 61,440,610 (attached CIP excerpt) Monte Serena's Consultant Cost Share Total Monte Serena