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