Staff Report with attachments
PREPARED BY: WooJae Kim
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and
Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/6/2022 ITEM NO: 4
DATE: November 21, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Fiscal Year 2022/23 Street Repair and Resurfacing Project (CIP Number 811-
9901):
a. Approve the Preliminary Street List; and
b. Authorize the Town Manager to Execute a Cost Sharing Agreement with
the City of San José in an Amount Not to Exceed $1 Million to
Microsurface Los Gatos Almaden Road between Taft Drive and Leigh
Avenue, Resurface Blossom Hill Road between Francis Oak Way and
Union Avenue, and Resurface Union Avenue between Los Gatos Almaden
Road and Blossom Hill Road.
RECOMMENDATION:
Fiscal Year (FY) 2022/23 Street Repair and Resurfacing Project (CIP No. 811-9901):
a. Approve the Preliminary Street List; and
b. Authorize the Town Manager to negotiate and execute a cost share agreement with the City
of San José in an amount not to exceed $1 million to microsurface Los Gatos Almaden Road
between Taft Drive and Leigh Avenue, resurface Blossom Hill Road between Francis Oak
Way and Union Avenue, and resurface Union Avenue between Los Gatos Almaden Road and
Blossom Hill Road.
BACKGROUND:
The adopted FY 2022/23-2026/27 Capital Improvement Program (CIP) Budget designates FY
2022/23 funding sources for the Street Repair and Resurfacing Project (CIP No. 811-9901).
Annually, the Town invests funds to improve roadway pavement conditions, safety, active
PAGE 2 OF 5 SUBJECT: Fiscal Year 2022/23 Street Repair and Resurfacing (CIP Number 811-9901) DATE: November 21, 2022
BACKGROUND (continued):
transportation elements, and drivability of the Town streets. This ongoing annual street project
is consistent with the Town’s goals to improve public safety and the quality of the Town
roadway infrastructure. Dedicated ongoing funding sources for the annual Street Repair and
Resurfacing Project include Gas Tax, Senate Bill 1, Measure B, vehicle registration surcharge,
the Town’s Refuse Vehicle Road Impact Fee, and Construction Impact Fee.
Every three years, the Town conducts a full pavement condition assessment of public streets
through the Pavement Technical Assistance Program (PTAP) led by the Metropolitan
Transportation Commission (MTC). The pavement condition assessment data collected in the
field is entered into the MTC’s pavement maintenance application called StreetSaver, which
tabulates and stores the Pavement Condition Index (PCI) scores. PCI is a widely accepted
industry measure to gauge the pavement condition of roadways. The index is calculated based
on the age of the pavement and pavement distress data collected from the field observations.
PCI’s range from 0 to 100, with 0 representing a failed road and 100 representing a brand-new
facility. The current average PCI for the Town streets is 73, compared to 70 from last year.
Street segments for the annual Street Repair and Resurfacing Project are identified and
prioritized by pavement conditions, roadway types, traffic levels, and safety issues. With the
PCI information in the StreetSaver database, staff uses the application to generate a preliminary
list of street segments for the annual street project within the designated project budget. The
application generated list is validated by staff, field verified, and adjusted based upon actual
field conditions. Further consideration is given to the proximity of proposed project locations
to increase project efficiency and value.
The Town has focused its resources in balancing the work between arterials, collectors, and
residential streets. Roads are given different treatment types depending on the condition of
the pavement. These treatments are:
• Asphalt overlay - This is the removal of a certain depth of existing asphalt and
replacement with new asphalt. This is considered pavement rehabilitation work and is
primarily used on arterial and collector streets.
• Rubber cape seal – This preventive maintenance measure consists of a rubber chip seal,
which is then covered by a slurry seal. This treatment is appropriate for streets that are
exhibiting distress cracking and/or have fallen out of the “good” condition category.
This treatment is typically used on collectors and residential streets
• Slurry seal and crack seal – These preventive maintenance measures are the first line of
defense against pavement deterioration. Sealing cracks and pavement surfaces with
sealant prevents water intrusion to the materials that are below the asphalt, which
extends the life of the pavement.
PAGE 3 OF 5 SUBJECT: Fiscal Year 2022/23 Street Repair and Resurfacing (CIP Number 811-9901) DATE: November 21, 2022
DISCUSSION:
Proposed Street List for the FY 2022/23 Street Repair and Resurfacing Project
Proposed work for FY 2022/23 Street Repair and Resurfacing (Street) Project, includes a
combination of pavement rehabilitation of arterial streets and preventive maintenance of
residential streets as identified in the Preliminary Street List (Attachment 1). The Street Project
is anticipated to start in spring or summer 2023 with a construction duration of approximately
five months.
Should Council approve the Preliminary Street List for the FY 2022/23 Street Project, staff
would continue to check for project conflicts on the street segments with utility companies,
neighboring agencies, and other programs; field confirm quantities of work needed; assess
feasibility within the project budget; and prepare the Plans, Specifications, and Estimates
(PS&E) for the construction documents for bid. If any conflicts or feasibility issues are
determined on a street segment, further coordination may be necessary, or the street segment
may be removed from the Preliminary Street List and deferred to another year. Staff plans to
return to Council in early 2023 with the Final Street List for the FY 2022/23 Street Project, and
approval of the construction documents and required approvals related to funding the project.
ADA Deficiencies on Public Right of Way
Title II of the Americans with Disability Act (ADA) obligates jurisdictions to upgrade non-
conforming curb ramps and other pedestrian facilities when streets are resurfaced from one
intersection to another. The United States Department of Justice has determined that surface
treatments such as asphalt overlay and rubber cape seal trigger the requirement for ADA
compliant curb ramps on associated streets. The accessibility issues on project street segments
are normally addressed through the annual Curb, Gutter and Sidewalk Maintenance (CIP No.
411-9921) that occurs almost simultaneously with the annual Street Repair and Resurfacing
Project.
Cost Sharing Agreement with the City of San José
In 2023, the City of San José is planning a street resurfacing project that includes streets that
share boundaries with the Town. The following arterial streets were identified as sharing
jurisdiction between the City of San José and the Town:
• Los Gatos Almaden Road – 50 feet East of Aurora Lane to Leigh Avenue
• Blossom Hill Road – Francis Oak Way to Union Avenue
• Union Avenue – Los Gatos Almaden Road to Blossom Hill Road
PAGE 4 OF 5 SUBJECT: Fiscal Year 2022/23 Street Repair and Resurfacing (CIP Number 811-9901) DATE: November 21, 2022
DISCUSSION (continued):
The City of San José has offered to include the Town portions of these arterial streets to their
resurfacing project in 2023 through a cost sharing agreement (see Attachment 2). The Town
has entered into such arrangements with San José and other bordering cities to work on
streets/areas with overlapping jurisdictions. Through the cost sharing agreement, the Town
would reimburse the City of San José for the resurfacing related work completed on the Town’s
right of way, not to exceed $1 million. Resurfacing the full width of streets and performing
concrete improvements in a cooperative manner with the City of San José is an economical
approach to paving roads, and desirable to prevent the pavement from degrading at different
rates.
CONCLUSION:
Approval of the Preliminary Street List for the FY 2022/23 Street Repair and Resurfacing Project
would allow staff to further analyze the streets and prepare necessary design plans to prepare
the construction documents by early 2023 for Council approval.
Staff is requesting the Town Council authorize the Town Manager to negotiate and execute a
reimbursement cost share agreement with the City of San José in an amount not to exceed $1
million to be funded from the FY 2022/23 Street Repair and Resurfacing Project budget.
COORDINATION:
This project has been coordinated with the Finance Department and the Town Attorney.
FISCAL IMPACT:
The fiscal table below reflects the estimated project budget for the FY 2022/23 Street Repair
and Resurfacing Project (CIP No. 811-9901). In the next Council report for the project in early
2023, the actual revenue and budget numbers are expected to be finalized with any fund
transfer needs identified.
PAGE 5 OF 5 SUBJECT: Fiscal Year 2022/23 Street Repair and Resurfacing (CIP Number 811-9901) DATE: November 21, 2022
FISCAL IMPACT (continued):
FY 2022/23 Street Repair and Resurfacing Project
CIP No. 811-9901 and 811-9903
Budget Costs
GFAR $3,112,036.70
Gas Tax $ 1,543,533.23
Total Budget $4,655,569.93
Cost Sharing with City of San Jose $1,000,000
Total Expenditures $1,000,000
Available Balance for Construction $3,655,570
ENVIRONMENTAL ASSESSMENT:
Repair and maintenance of existing streets is defined under CEQA Section 15301(c) as
Categorically Exempt. A Notice of Exemption is to be filed.
Attachments:
1. Preliminary Street List for the FY 2022/23 Street Repair and Resurfacing Project
2. Draft Cost Sharing Agreement - City of San José
This Page Intentionally Left Blank
Key:
O Overlay
MS Microsurfacing
CS Crack seal
RC Rubber cape seal (chip seal with slurry seal)
S Slurry seal
Note:
Street From To Type of Treatment
BLOSSOM HILL RD CHERRY BLOSSOM LN HILLBROOK DR O
BLOSSOM HILL RD FRANCIS OAKS WY UNION AV O
CARLTON AVE GATEWAY DR NATIONAL AV O
UNION AV BLOSSOM HILL RD TOWN LIMIT O
ANGEL CT SHORT RD END RC or S
ANN ARBOR CT ANN ARBOR DR END RC or S
ANN ARBOR DR SHANNON RD END RC or S
ATWOOD CT BLOSSOM HILL RD END RC or S
BELCREST DR BELHAVEN DR HARWOOD DR RC or S
BELGATOS LN WEST HILL DR END RC or S
BELGATOS RD BLOSSOM HILL RD WESTHILL DR RC or S
BELGLAN LN BELGLEN WY BELVIEW DR RC or S
BELGLAN WY BELBLOSSOM WY BELGLEN LN RC or S
BELVALE DR BACIGALUPI DR HARWOOD DR RC or S
BELVUE DR WESTHILL DR BELGATOS RD RC or S
BELWOOD GATEWAY BLOSSOM HILL RD BACIGALUPI DR RC or S
BENEDICT LN CHIRCO DR SUNRAY DR RC or S
BENEDICT LN SUNRAY DR CHIRCO DR RC or S
BLOSSOM HILL RD LOS GATOS BLVD CHERRY BLOSSOM LN RC or S
BONNIE LN SHADY VIEW LN SHANNON RD RC or S
CAMINO DEL CERRO BLOSSOM HILL RD END RC or S
CAMPANULA PL CARLTON AVE END RC or S
CARLESTER DR CARLTON AVE LESTER LN RC or S
CARLTON CT CARLTON AVE END RC or S
CARLTON WY CARLTON AVE END RC or S
CHERRY BLOSSOM LN BLOSSOM HILL RD TOWN LIMIT RC or S
CHERRY STONE DR BLOSSOM HILL RD TOWN LIMIT RC or S
CLEARVIEW DR NALOR CT LA RINCONADA DR RC or S
CORRINE DR CHIRCO DR SUNRAY DR RC or S
CRIDER CT ALERCHE DR END RC or S
DOWNING OAK CT UNION AV END RC or S
DRYSDALE DR SHADY LN END RC or S
E LA CHIQUITA AV SHANNON RD W LA CHIQUITA AV RC or S
EASTRIDGE DR LANSBERRY CT HILLBROOK DR RC or S
TOWN OF LOS GATOS
Preliminary Street List for FY 2022/23 Street Repair and Resurfacing Project (CIP NO. 811‐9901)
11/17/2022
The following project locations shall be considered for the FY 2022/23 Street Repair and Resurfacing project. Depending on
project coordination, final design, cost estimates, and the budget available, some street segments may need to be deferred to
future years.
Page 1 of 4 Attachment 1
EASTVIEW DR CLEARVIEW DR LA RINCONADA DR RC or S
FAIRMEAD LN HILLBROOK DR END RC or S
GARDEN LN LOS GATOS BLVD BENEDICT LN RC or S
GEMINI CT HARWOOD DR END RC or S
HANCOCK CT EASTVIEW DR END RC or S
HIGHLAND OAKS DR LARK AV END RC or S
HIGHLAND OAKS WY HIGHLAND OAKS DR END RC or S
HILLBROOK DR EASTRIDGE DR BLOSSOM HILL RD RC or S
LA CROIX CT SHADY VIEW LN END RC or S
LA RINCONADA DR CLEARVIEW DR NATALYE RD RC or S
LANSBERRY CT SHANNON RD END RC or S
LASUEN CT UNION AV END RC or S
LEEWOOD CT UNION AV END RC or S
MARCHMONT DR HILOW RD END RC or S
MARY WAY OLD BLOSSOM HILL RD END RC or S
OAK PARK DR HIGHLAND OAKS DR GARDEN LN RC or S
OAK WOOD WY HIGHLAND OAKS DR GARDEN LN RC or S
OAKDALE DR HIGHLAND OAKS DR GARDEN LN RC or S
OAKMONT WY HIGHLAND OAKS DR END RC or S
OLD BLOSSOM HILL RD BLOSSOM HILL RD SHORT RD RC or S
PEACOCK LN SHANNON RD END RC or S
ROCHIN CT ROCHIN TER END RC or S
ROCHIN TER LINDA AV END RC or S
ROSALIE CT MARCHMONT DR END RC or S
SEBASTIAN CT ALMOND BLOSSOM LN END RC or S
SHADY LANE SHORT RD 15764 SHADY LN RC or S
SHADY VIEW LN SHANNON RD BONNIE LN RC or S
SUNRAY DR GARDEN LN CORINNE DR RC or S
TERRENO DE FLORES LN LOS GATOS BLVD END RC or S
VILLA AV LIBRARY JACKSON ST RC or S
W LA CHIQUITA AV SHANNON RD E LA CHIQUITA AV RC or S
WOLLIN WY ANN ARBOR DR SHANNON RD RC or S
BLUEBERRY HILL DR LONGMEADOW DR END S or RC
CHIRCO CT CHIRCO DR END S or RC
CHURCH ST HIGH SCHOOL CT E MAIN ST S or RC
COLLEGE AV E. MAIN ST COLLEGE TERRACE CT S or RC
COLLEGE AV COLLEGE TERRACE CT PROSPECT AV S or RC
E. VINELAND AV WINCHESTER BL END S or RC
EASTVIEW DR CLEARVIEW DR HANCOCK CT S or RC
EL CAJON WAY LAS MIRADAS WY ARROYO GRANDE WY S or RC
EUCLID AV JONES RD OAK GROVE AV S or RC
FORRESTER CT FORRESTER RD END S or RC
FRANK AV LOS GATOS BL IZORAH WY S or RC
GARDEN LN LOS GATOS BL 120 FT E OF BENEDICT LN S or RC
HEINTZ CT REGENT DR END S or RC
HEPPLEWHITE CT MONTCLAIR RD END S or RC
HICKS RD 2452 ft N OF SHANNON RD TOWN LIMIT S or RC
HIGHLAND OAK WY HIGHLAND OAKS DR END S or RC
Page 2 of 4
HIGHLAND OAKS DR OAK PARK DR END S or RC
JACKSON ST E. MAIN ST HIGHLAND AV S or RC
KATHY CT MORE AV END S or RC
KIMBLE AV PROSPECT AV 2ND LEFT TURN BEND #24 S or RC
LA CROIX CT SHADY VIEW LN END S or RC
LAS MIRADAS DR EL CAJON ARROYO GRANDE WY S or RC
LEROY AV LOS GATOS BL IZORAH WY S or RC
LOS CERRITOS DR PHILLIPS AV CRESCENT DR S or RC
LOS CERRITOS DR CRESCENT DR END S or RC
LOUISE CT MORE AV END S or RC
MILES AV LEFT TURN BEND END S or RC
MILL RICH DR WINCHESTER BL END S or RC
MILRAE LN TOWNE TR RIVIERA TER S or RC
NEWELL AV WINCHESTER BL NEWELL CT S or RC
NICHOLSON AV GLEN RIDGE AV MASSOL AV S or RC
NINO AV LOS GATOS BL FISHER AV S or RC
OHLONE CT ROBERTS RD END S or RC
ORCHARD ST CENTRAL AV END S or RC
PASEO LAURA W. MOZART AV END S or RC
PETTICOAT LN SANTA CRUZ AV VILLAGE LN S or RC
POTTER CT FERRIS AV END S or RC
PRIVADA LUISITA BUENA VISTA AV END S or RC
PROSPECT AV RESERVOIR RD COLLEGE AV S or RC
PROSPECT AV RESERVOIR RD CDS (N) S or RC
PROSPECT CT PROSPECT AV END S or RC
ROCHIN CT ROCHIN TR/N END END S or RC
RUSHMORE LN TOWNE TR RIVIERA DR S or RC
S. KENNEDY RD KENNEDY RD BOND CT S or RC
SEBASTIAN CT ALMOND BLOSSOM LN END S or RC
SMITH RANCH CT WINCHESTER BL END S or RC
SPRECKLES AV LOMA ALTA AV VISTA DEL MAR S or RC
VASONA AV VASONA CT CAPRI DR S or RC
W. CENTRAL AV CENTRAL AV END S or RC
W. MOZART AV END AT HIGHWAY 880 (17) 90 DEGREE LEFT TURN S or RC
W. MOZART AV MOZART AV (A) END S or RC
WHEELER AV LOS GATOS BL LOS ROBLES WY S or RC
WHITNEY AV STACIA ST LOMA ALTA AV S or RC
WOODED VIEW DR HAPPY ACRES RD HILL TOP DR S or RC
YOSEMITE WY WHEELER AV END S or RC
LOS GATOS‐ALMADEN RD TAFT DR LEIGH AV MS
BLACKBERRY HILL RD CYPRESS WY PRIVATE LINE CS
BLOSSOM HILL RD LOS GATOS BL CAMELLIA TR CS
BLOSSOM HILL RD CAMELLIA TR CHERRY BLOSSOM LN (W) CS
BLOSSOM HILL RD UNION AV CITY LIMITS CS
BLOSSOM HILL RD CITY/DISTRICT LIMITS BELGATOS RD CS
BLOSSOM HILL RD BELGATOS RD HARWOOD RD CS
CROSS WY LOMA ALTA AV JOHNSON AV CS
CYPRESS WAY TWELVE OAKS WY BLACKBERRY HILL RD CS
Page 3 of 4
EL GATO LN LOS GATOS‐ALMADEN COUNTY BOUNDARY CS
FORRESTER RD KENNEDY RD RIGHT TURN BEND CS
FORRESTER RD RIGHT TURN BEND END CS
FOSTER RD ALPINE AV JOHNSON AV CS
KENNEDY RD TERESTIA WY DISTRICT BOUNDARY (#15900) CS
KENNEDY RD #15900 #15651 CS
KENNEDY RD #15651 TOP OF THE HILL RD CS
LARK AV WINCHESTER BL ARROYO GRANDE WY CS
LYNN AV PINEHURST AV CITY BOUNDARY CS
MARY ALICE DR CARLTON AV END CS
POTOMAN DR LONGRIDGE RD END CS
SHANNON RD CERRO VISTA CT HAPPY ACRES RD CS
SHANNON RD HAPPY ACRES RD SUVIEW DR CS
SHANNON RD SUVIEW DR COUNTY BOUNDARY (#15215) CS
SHANNON RD COUNTY BOUNDARY HICKS RD CS
SYCAMORE CT END BLOSSOM VALLEY DR CS
Page 4 of 4
Page 1 of 15
ATTACHMENT 2
AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE CITY OF SAN JOSE FOR PAVEMENT SEALING OF LOS GATOS ALMADEN ROAD BETWEEN TAFT DRIVE AND LEIGH AVENUE, FOR THE PAVEMENT RESURFACING OF BLOSSOM HILL ROAD BETWEEN FRANCIS OAK
WAY AND UNION AVENUE, AND FOR UNION AVENUE BETWEEN LOS GATOS ALMADEN ROAD AND BLOSSOM HILL ROAD This Agreement (herein “Agreement”) is made and entered into this ___ day of ____________,2023, (herein the “Effective Date”) by and between the Town of Los Gatos, a California, municipal
corporation, with its principal place of business located at 110 E. Main St, Los Gatos, CA 95030 (herein
“LOS GATOS”), and the City of San Jose, a California chartered municipal corporation, with its principal place of business located at 200 E. Santa Clara St., San Jose, CA 95113 (herein “SAN JOSE”). LOS GATOS and SAN JOSE may be referred to herein individually or collectively as the “Parties,” “Cities,” or the “Parties to this Agreement.”
RECITALS WHEREAS:
A. LOS GATOS and SAN JOSE contemplate microsurfacing the roadway at Los Gatos Almaden Road between Taft Drive and Leigh Avenue, resurfacing the roadway at Blossom Hill Road between Francis Oak Way and Union Avenue, and resurfacing the roadway at Union Avenue between Los Gatos Almaden Road and Blossom Hill Road,
over which LOS GATOS and SAN JOSE have jurisdiction; and
B. It is in the public interest for LOS GATOS and SAN JOSE to complete the PROJECT (as defined in SECTION 1, below) in a cooperative and economical manner by constructing both LOS GATOS’S and SAN JOSE’s portions of the PROJECT together; and
C. The Parties acknowledge SAN JOSE is the California Environmental Quality Act (“CEQA”) Lead Agency for the PROJECT, and SAN JOSE’s compliance with CEQA is a precondition to any construction of the PROJECT, including LOS GATOS’s portion; and
D. Each Party has agreed to perform its portion of the work as described herein, under its own direction. In consideration of the above referenced recitals and the following mutual covenants, agreements and
obligations of the parties, LOS GATOS and SAN JOSE agree as follows:
AGREEMENT PROVISIONS 1. PROJECT DESCRIPTION:
Page 2 of 15
ATTACHMENT 2
The work to be performed under this Agreement that is labeled as microsurfacing will consist
of removing and replacing structurally failed areas up to 6 inches in depth of asphalt,
adjusting utility covers, microsurfacing, replacement of traffic markings, and markers and
legends for parts which are treated with micro surfacing.
The work under this Agreement that is labeled as resurfacing will consist of milling 2 inches in
depth of asphalt, lowering and raising utility boxes with their covers, removing and replacing
failed areas after milling up to 3 inches in depth of asphalt, replacement of traffic marking, and
markers and legends for parts which are treated with resurfacing. The work to be performed
is more fully described in the document entitled "Scope of Work and Schedule of
Performance" set forth in Exhibit A, attached and incorporated by reference.
The project will have limits which are both within the City of San Jose and The Town of Los
Gatos. The three roads which will have work performed on them are Los Gatos Almaden Road
from Taft Drive to Leigh Avenue, Union Avenue from Los Gatos Almaden Road to Blossom
Hill Road, and Blossom Hill Road from Francis Oaks Way to Union Avenue.
Approximately 74% of Los Gatos Almaden Road between Taft Drive and Leigh Avenue is
within The City of San Jose’s jurisdiction and 26% is within The Town of Los Gatos’s
jurisdiction.
Approximately 50% of Blossom Hill Road between Blossom Dale Drive and Francis Oak Way
is within The City of San Jose’s jurisdiction and 50% is within The Town of Los Gatos’s
jurisdiction.
Approximately 15% of Union Avenue between Los Gatos Almaden Road and Blossom Hill
Road is within The City of San Jose’s jurisdiction and 85% is within The Town of Los Gatos’s
jurisdiction.
Approximately 100% of Blossom Hill Road between Blossom Dale Drive and Union Avenue
is within The Town of Los Gatos’s jurisdiction
2. SAN JOSE’S OBLIGATIONS:
SAN JOSE agrees as follows: A. To act as the lead agency to administer the design and construction of the PROJECT. Administration shall include preparation of specifications, contract documents and cost
estimate; notification of local business; coordination with various agencies; preparation
of all necessary environmental documents; obtaining permits; obtaining bids; awarding the construction agreement; administering the construction agreement; providing materials control and inspection services; and making progress payments to the contractor.
Page 3 of 15
ATTACHMENT 2
B. To promptly provide LOS GATOS with awarded final specifications and contract documents for the PROJECT. C. To cooperate with LOS GATOS should LOS GATOS raise any issues concerning the
work in LOS GATOS’S jurisdiction that requires correction by the selected contractor
prior to acceptance or within the warranty period of the PROJECT. D. To assign as the designated project manager for SAN JOSE for the duration of the PROJECT Chanh Do (email: chanh.do@sanjoseca.gov). SAN JOSE’s project manager
shall have all the necessary authority to direct technical and profession work within the
scope of the Agreement and shall serve as the principal point of contact with SAN JOSE. E. To keep and maintain a complete copy of all records regarding costs and expenditures relating to the PROJECT, together with a complete copy of all plans, specifications,
reports, contracts and other documents relating to the PROJECT, and the same shall be
available for inspection by LOS GATOS at any time during usual business hours. F. To allow LOS GATOS staff reasonable access to the PROJECT site, at all reasonable times and upon advance notice, to perform observation of any work on the LOS
GATOS portion of the PROJECT.
G. To provide LOS GATOS with a copy of as-built record drawings for the PROJECT including specifically the LOS GATOS portion thereof.
H. To require the contractor on the PROJECT, obtain all required permits and approvals for all PROJECT work, including work associated with the LOS GATOS portion thereof.
I. To include a clause in its contract with the contractor on the PROJECT that LOS GATOS is an intended third-party beneficiary of the construction contract. J. To require the contractor on the PROJECT obtain all required permits and approvals for
all PROJECT work, including work associated with the LOS GATOS portion thereof.
K. To provide a final accounting of all PROJECT costs associated with the LOS GATOS portion of the PROJECT to LOS GATOS within thirty (30) days after the Parties accept the PROJECT as complete.
3. LOS GATOS’S OBLIGATIONS: LOS GATOS agrees as follows:
Page 4 of 15
ATTACHMENT 2
A. Pay for 100% of LOS GATOS's share of the Construction Cost. As used in this
Agreement, the term “Construction Cost” is defined to mean the actual amount paid to the contractor for the PROJECT, plus ten percent (10%) for SAN JOSE’s engineering, construction management and other administrative services and, if necessary, a ten percent (10%) construction contingency, which construction contingency shall be used to
provide funding for unanticipated work that may be necessary for the proper completion
of the PROJECT. LOS GATOS’s share of the Construction Cost is 100% of the Construction Cost for the LOS GATOS owned portion of the road. Provided, however, that total payments made by LOS GATOS under this Agreement shall not exceed the maximum amount of Seven Hundred Thirty-Four Thousand Ninety-Nide Dollars
($734,099) ('"Total Reimbursement Amount”)
B. “Project Delivery” is defined as engineering, construction management, and associated management and administrative services provided by SAN JOSE as lead agency for the PROJECT.
C. The PARTIES understand that the PROJECT cost is based upon the engineer’s estimates and prior to public works bidding for PROJECT, as set forth in Exhibit “B”. The engineer’s estimate includes a 10% construction contingency which is consistent with
SAN JOSE’S practice for public works construction contracts awarded to the lowest
responsive and responsible bidder as an allowance for potential contract change orders. Should actual costs based upon SAN JOSE’s construction contractor’s public works bid exceed the Total Reimbursement Amount, prior to the award of any contract this Agreement shall be amended to set forth a revised Total Reimbursement Amount or
terminated.
D. To pay its share of the Construction Cost within forty-five (45) business days of receiving and approving the detailed invoice from SAN JOSE, provided that the following conditions are met:
1. The PROJECT has been completed and LOS GATOS has approved the portion of the work in its jurisdiction. Acceptance by CITY shall be made in writing to SAN JOSE. CITY may request documentation of such costs and may review the original invoices and weight certificates or request copies of same, which shall be provided within a
reasonable time.
2. The detailed invoice sets forth the cost of construction of all PROJECT work based on the actual contrast unit prices paid and negotiated change order(s), if any.
3. SAN JOSE shall invoice LOS GATOS only one (1) time which shall occur after
PROJECT completion, and this invoice shall be considered as the final detailed invoice for the PROJECT.
E. To assign as the designated project manager for LOS GATOS for the duration of the
PROJECT XXXXXXXXXXXXXXXX (email:XXXXXXXXXXXXXXX). LOS
Page 5 of 15
ATTACHMENT 2
GATOS’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 SAN JOSE.
4. TERM OF AGREEMENT:
A. Unless otherwise modified by a written amendment to this Agreement, the term of this Agreement shall be until PROJECT acceptance by both parties and final payments of all outstanding balances.
B. Consistent with City of San Jose Standard Specifications, Section 7-1.23, SAN JOSE shall cause the contractor to provide a warranty period of at least one (1) year from the acceptance date.
5. OWNERSHIP AND MAINTENANCE: A. Upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed as a part of the PROJECT within the limits of
SAN JOSE will automatically be vested in SAN JOSE, and all materials, equipment and
appurtenances installed as a part of the PROJECT within the LOS GATOS limits will be vested in LOS GATOS, and no further agreement will be necessary to transfer ownership. B. This Agreement does not change any authority or responsibility between LOS GATOS
and SAN JOSE with regard to maintenance, operation or further repair responsibility.
6. CONTRACTOR SHALL BE AN INDEPENDENT CONTRACTOR: Any contractor(s) hired by either Party to perform the work included in the PROJECT shall not
be an agent or employee of either Party and will perform such work as independent contractor.
All persons employed by or contracted with such contractor(s) to furnish labor and/or materials in connection with the work in the PROJECT shall not be employees of either Party in any respect.
The Parties agree and intend that SAN JOSE and LOS GATOS are independent entities and do
not intend by this Agreement to create any partnership, joint venture, or similar business arrangement, relationship or association between them, except as may be agreed to expressly by this Agreement
7. TERMINATION:
Once SAN JOSE has awarded the construction contract for the PROJECT, the Agreement can be terminated only upon the mutual written consent and terms acceptable to all Parties.
8. NO PLEDGING OF EITHER CITY’S CREDIT:
Page 6 of 15
ATTACHMENT 2
Under no circumstances shall either LOS GATOS or SAN JOSE have authority or power to
pledge the credit of the other public entity or incur obligation in the name of the other public entity.
9. NO THIRD PARTY BENEFICIARY:
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever.
10. AMENDMENTS: No alternation or violation of the terms of this Agreement shall be valid unless made in writing and signed by the parties and incorporated into this Agreement
11. NOTICES: Notices are to be sent as follows:
To SAN JOSE: Chanh Do
Associate Engineer Department of Transportation City of San Jose 1404 Mabury Road
San Jose, CA 95133
To LOS GATOS: XXXXXXXXXXX XXXXXXXXXXX
Town of Los Gatos
110 E. Main St Los Gatos, CA 95030
12. SEVERABILITY CLAUSE: In case any one or more of the provisions contained herein shall, for any reason, be held invalid, illegal, or unenforceable in any respect, it shall not affect the validity of the other provisions
which shall remain in full force and effect.
13. ENCROACHMENT PERMITS:
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Both Parties to this Agreement will cooperate and /or provide access to its consultants, engineers
and contractors for the PROJECT in the jurisdictional boundaries of each Party. Contractor shall obtain street opening permit from LOS GATOS and LOS GATOS shall provide such a permit at no cost.
14. HOLD HARMLESS/INDEMNIFICATION:
It is understood and agreed that pursuant to California Government Code Section 895.4, that each Party shall fully indemnify and hold the other Party harmless from any liability imposed for injury (as defined in Government Code Section 810.8) by reason of anything done or omitted to
be done by the indemnifying Party in connection with any work, authority or jurisdiction
delegated to the respective Party under this Agreement. This hold harmless and indemnification provision shall apply to any activities, errors or omissions of the indemnifying Party and/or that Party’s officers, employees, agents, or any person or entity acting or omitting to act for or on behalf of said Party or such person or entities as are specifically authorized and empowered by
that Party to act for it. For the activities, errors and/or omissions of the contractor retained for the
Project, each Party shall defend, indemnify and hold harmless the other Party to the fullest extent legally possible for all work performed in the indemnifying Party’s jurisdiction. 15. CAPTIONS:
The captions of the various sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation of this Agreement.
16. INSURANCE REQUIREMENTS:
SAN JOSE shall require any contractor awarded a contract for any portion of the work to be done on the PROJECT to secure and maintain in full force and effect at all times
during construction and performance of the PROJECT, and until said PROJECT is
accepted by all Parties, and any other time periods specified in the 2023 MAJOR STREETS REMOVE & REPLACE PAVEMENT PROJECT, 2023 MAJOR STREETS SEALING PROJECT and 2023 MAJOR STREETS RESURFACING PROJECT contract documents, insurance coverage described below, at no additional cost to either SAN
JOSE or LOS GATOS, with coverage amounts, required endorsements, certificates of
insurance, and coverage verifications satisfactory and acceptable to all Parties. LOS GATOS, its respective City Council, Board of Supervisors, commissions, officers, employees, volunteers and agents shall be added as additional insureds on the commercial general liability policy with respect to liability arising out of the contractor's work for SAN
JOSE on this Project.
It is mutually understood that during the term of the construction activities on the PROJECT,
SAN JOSE will require the selected contractor to carry commercial general liability in
amounts of not less than Two Million Dollars ($2,000,000) per occurrence ; automobile
liability in an amount not less than Two Million Dollars ($2,000,000) per accident; and a
Workers' Compensation Insurance policy as required by the State of California, with
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ATTACHMENT 2
Statutory and Employer's Liability Insurance limits of not less than One Million Dollars
($1,000,000).
17. STATUTES AND LAW GOVERNING CONTRACT:
This Agreement shall be governed and construed in accordance with the statutes and laws
of the State of California. SAN JOSE shall require that any contractor awarded a contract for any portion of the work to be done on the PROJECT comply with the requirements for prevailing wage under Labor Code Section 1770, et seq. The PROJECT shall be paid for and constructed in accordance with all ordinances, resolutions, rules, regulations, and laws of
SAN JOSE to the extent they are consistent with state statutes and the ordinances, resolutions,
rules, regulations and laws of LOS GATOS. 18. WAIVER:
The Parties’ 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 breach of any other term, condition, or covenant.
19. ENTIRE AGREEMENT:
This Agreement contains the entire Agreement between TOWN OF LOS GATOS and CITY OF SAN JOSE to the PROJECT. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect.
20. OTHER AGREEMENTS: This Agreement shall not prevent either Party from entering into similar agreements with others. The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by
the following signatures of their duly authorized representatives. It is intent of the Parties that
this Agreement shall become operative on the effective date.
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ATTACHMENT 2
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the
following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.
TOWN OF LOS GATOS, CALIFORNIA
110 E. Main St Los Gatos, CA 95030 Phone: XXX-XXX-XXXX
APPROVED AS TO FORM:
_____________________________________ _____________________________________
XXXXXXXXX Date XXXXXXXXX Date
Town Attorney Town Manager
CITY OF SAN JOSE, CALIFORNIA
200 E. Santa Clara Street San Jose, CA 95113 Phone: (408) 277-5777 Fax: (408)277-3131
APPROVED AS TO FORM:
_____________________________________ _____________________________________
DIANA YUAN Date SARAH ZARATE Date
Deputy City Attorney Director, Office of the City Manager
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EXHIBIT "A"
SCOPE OF WORK AND SCH EDULE OF PERFORMAN CE The sealing part of the PROJECT consists of removing and replacing structurally failed areas up to 6 inches in depth of asphalt concrete, micro surfacing the pavement surface, adjusting utility covers, and replacement of affected traffic striping on the areas illustrated below. Approximately 74% of Los Gatos Almaden Road between Taft Drive and Leigh Avenue is within SAN JOSE's jurisdiction and 26% is within LOS GATOS’s jurisdiction. The resurfacing part of the PROJECT consists of milling 2 inches in depth of asphalt concrete, lowering and raising utility boxes, removing and replacing failed areas up to 3 inches in depth of asphalt concrete, and replacement of affected traffic striping on the areas illustrated below. Approximately 50% of Blossom Hill Road between Blossom Dale Drive and Francis Oak Way is within SAN JOSE’s jurisdiction and 50% is within LOS GATOS’s jurisdiction. Approximately 15% of Union Avenue between Los Gatos Almaden Road and Blossom Hill Road is within SAN JOSE’s jurisdiction and 85% is within LOS GATOS’s jurisdiction. Approximately 100% of Blossom Hill Road between Blossom Dale Drive and Union Avenue is within LOS GATOS’s jurisdiction. SAN JOSE is to deliver the PROJECT and prepare pavement design, and striping plans within the PROJECT limits.
The work to be performed is fully described in the 2023 MAJOR STREETS REMOVE &
REPLACE PAVEMENT PROJECT, 2023 MAJOR STREETS SEALING PROJECT and 2023
MAJOR STREETS RESURFACING PROJECT contract documents.
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Figure: Project Limit and Location Map
LOS GATOS ALMADEN ROAD (TAFT DRIVE – LEIGH AVENUE)
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BLOSSOM HILL ROAD (FRANCIS OAKS WAY – BLOSSOM DALE DRIVE)
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BLOSSOM HILL ROAD (BLOSSOM DALE DRIVE – UNION AVENUE)
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UNION AVENUE (LOS GATOS ALMADEN ROAD – BLOSSOM HILL ROAD)
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ATTACHMENT 2
EXHIBIT "B"
COST ESTIMATE
ITEM
#ITEM DESCRIPTION UNIT UNIT COST
CSJ TLG CSJ TLG CSJ TLG CSJ TLG
SF 212,993 238,414
1 MICROSURFACING TON 168 98 $ 295.00 49,693.34$ 17,830.98$ -$ 11,192.01$ 49,693.34$ 29,022.99$
2 Tack Coat TON 12 7 $ 520.00 6,082.99$ 2,182.70$ -$ 1,370.02$ 6,082.99$ 3,552.72$
3 3" Digouts SY 404 291 $ 50.00 14,973.51$ 5,372.80$ 5,219.05$ 9,180.00$ 20,192.56$ 14,552.80$
4 Crack Filler (Revocable)TON 1 0 $ 6,000.00 7,509.03$ 2,694.39$ -$ -$ 7,509.03$ 2,694.39$
5 Grinding Existing Thermoplastic Pavement Marking (Revocable)SF 1,853 665 $ 3.00 5,558.92$ 1,994.65$ -$ -$ 5,558.92$ 1,994.65$
6 Grinding Existing Thermoplastic Pavement Striping (Revocable)LF 8,543 6,010 $ 1.00 8,543.00$ 6,010.00$ -$ -$ 8,543.00$ 6,010.00$
7 COLD PLANE 2"SY 4,949 15,559 $ 1.00 -$ -$ 4,949.00$ 15,559.00$ 4,949.00$ 15,559.00$
8 RHMA (1/2") - Type G (In Place) 2"TON 549 1,727 $ 160.00 -$ -$ 87,894.24$ 276,327.84$ 87,894.24$ 276,327.84$
9 Thermoplastic: 2-Way Left Turn Stripe (Revocable)LF 1,386 1,746 $ 2.50 3,463.75$ 923.75$ -$ 3,440.00$ 3,463.75$ 4,363.75$
10 Thermoplastic: Double Yellow Stripe (Revocable)LF 2,853 3,857 $ 3.00 5,326.50$ 2,146.50$ 3,232.50$ 9,424.50$ 8,559.00$ 11,571.00$
11 Thermoplastic: 6" Stripe (Revocable)LF 7,603 10,422 $ 1.50 9,537.00$ 3,363.00$ 1,867.50$ 12,270.00$ 11,404.50$ 15,633.00$
12 Thermoplastic: 12" Stripe (Revocable)LF 68 168 $ 7.50 -$ -$ 510.00$ 1,260.00$ 510.00$ 1,260.00$
13 Thermoplastic: Bike Lane Stripe - 6" (Revocable)LF 13,296 11,223 $ 1.50 19,074.00$ 6,726.00$ 870.00$ 10,108.50$ 19,944.00$ 16,834.50$
14 Thermoplastic: Bike Lane Skip Stripe - 6" Skip (Revocable)LF - 4,370 $ 1.25 -$ -$ -$ 5,462.40$ -$ 5,462.40$
15 Thermoplastic: Skid Resistance Green Thermoplastic Pavement Material SF 5,685 5,880 $ 15.00 56,250.00$ 14,062.50$ 29,020.11$ 74,140.11$ 85,270.11$ 88,202.61$
16 Thermoplastic: 12" Stripe - 45 Degree Diagonal LF 605 816 $ 11.00 6,658.10$ 2,347.82$ -$ 6,630.43$ 6,658.10$ 8,978.26$
17 Thermoplastic: Bike Lane Symbol EA 24 24 $ 110.00 2,200.00$ 518.09$ 407.31$ 2,073.66$ 2,607.31$ 2,591.75$
18 Thermoplastic: Bike Lane Straight Arrow EA 24 24 $ 50.00 1,000.00$ 235.50$ 185.14$ 942.57$ 1,185.14$ 1,178.07$
19 Thermoplastic: Bike Detection Symbol EA 5 5 $ 65.00 259.26$ 81.64$ 64.18$ 261.83$ 323.44$ 343.47$
20 Install Type B, C, D, G, H or Blue RaisedRetroreflective Pavement Markers (Revocable)EA 381 374 $ 6.00 1,833.76$ 577.44$ 453.97$ 1,668.18$ 2,287.74$ 2,245.61$
22 Lower Water Valve (Revocable)EA 5 26 $ 550.00 -$ -$ 2,750.00$ 14,300.00$ 2,750.00$ 14,300.00$
23 Raise Water Valve Box to Grade (Revocable)EA 5 26 $ 550.00 -$ -$ 2,750.00$ 14,300.00$ 2,750.00$ 14,300.00$
24 Lower Sewer Manhole (Revocable)EA 4 31 $ 650.00 -$ -$ 2,600.00$ 20,150.00$ 2,600.00$ 20,150.00$
25 Raise Sewer manhole to Grade (Revocable)EA 4 31 $ 650.00 -$ -$ 2,600.00$ 20,150.00$ 2,600.00$ 20,150.00$
26 Lower Survey Monument Box (Revocable)EA 2 10 $ 500.00 -$ -$ 1,000.00$ 5,000.00$ 1,000.00$ 5,000.00$
27 Adjust Survey Monument Box to Grade (Revocable)EA 2 10 $ 500.00 -$ -$ 1,000.00$ 5,000.00$ 1,000.00$ 5,000.00$
28 Type C (6'x 20') Detector Loop Replacement in AC (Revocable)EA - - $ 620.00 -$ -$ -$ -$ -$ -$
29 Type D (6'x 6') Detector Loop Replacement in AC (Revocable)EA - - $ 300.00 -$ -$ -$ -$ -$ -$
30 Type Q (6'x 6') Detector Loop Replacement in AC (Revocable)EA - - $ 300.00 -$ -$ -$ -$ -$ -$
AREA PERCENTAGES %47% 53%197,963.16$ 67,067.76$ 147,373.01$ 520,211.05$ 345,336.17$ 587,278.80$
TLG
Microsurfacing 67,068$ Resurfacing 520,211$
Subtotal 587,279$
Delivery (10%)58,728$ Contingency (15%)88,092$
Grand Total 734,099$
Microsurfacing Cost Resurfacing Cost
GOOGLE EARTH AREA
Total Quantity Total Cost
JURISDICTION