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1996-014 - Authorize the Mayor to enter into agreement with CalTrans for the widening of the Blossom Hill Rd/Hwy 17 Bridge Overcrossing projectRESOLUTION 1996 - 14 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH CALTRANS FOR THE WIDENING OF THE BLOSSOM HILL ROAD/ HIGHWAY 17 BRIDGE OVERCROSSING PROJECT BE IT RESOLVED, on October 16, 1995, the Town Council adopted Resolution 1995- authorizing the Mayor to enter into an agreement to share project costs for the Widening of the Blossom Hill Road /Highway 17 Overcrossing Project, and; BE IT FURTHER RESOLVED, that 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 (attached as Exhibit A) with the State Department of Transportation ( CALTRANS), State of California, to share projects costs for the Widening of the Blossom Hill Road/Highway 17 Overcrossing Project, and that the Mayor is authorized, and is hereby directed, to execute said agreement in the name and on behalf of the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5th day of February, 1996, by the following vote: COUNCIL MEMBERS: AYES: Joanne Benjamin, Linda Lubeck, Patrick O'Laughlin Mayor Randy Attaway NAYS: None ABSENT: Steven Blanton ABSTAIN: None SIGNED: MAYOR OF THE OWN OF LOS ATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TOWN CLERK AGR:26-,� IN H: 4- SCl -17 4228- 134951 Blossom Hill RD O.0 Dist. Agmt. No. 4- 1622 -C Document No. CONTRIBUTION AGREEMENT This AGREEMENT, entered into on is between the STATE OF CALIFORNIA, acting by and through its De- partment of Transportation, referred to herein as STATE, and TOWN OF LOS GATOS a body politic and a municipal corporation of the State of California, referred to herein as TOWN. RECITALS (1) STATE and TOWN, pursuant to Streets and Highways Code Section .130, are authorized to enter into a Cooperative Agreement for improvements to State highways within TOWN. (2) STATE contemplates the construction of providing a sidewalk, bikeway and upgrade of railings by widening Blossom Hill Road overcrossing over Route 17 at Santa Clara County, re- ferred to herein as "PROJECT" (3) TOWN is willing to participate in the cost sharing for PROJECT. -1- PAGE 2 (4) The parties hereto intend to define herein the terms and conditions under which PROJECT is to be constructed, financed, and maintained. SECTION I STATE AGREES: (1) To advertise, award and administer the construction contract for PROJECT. (2) In the event a contract to construct PROJECT is not awarded by STATE BY December 1- 1996, STATE shall return to TOWN as soon as possible the money deposited with STATE by TOWN pursu- ant to Section II, Article (1) below. SECTION II TOWN AGREES: (1) To deposit with STATE within twenty -five (25) days of receipt of billing therefor (which billing will be forwarded 15 days prior to STATE's bid advertising date of a construction contract for PROJECT), the amount of $100,000, which figure re- presents the lump sum total amount of TOWN's agreed to share of the cost of work to be performed by STATE on TOWN's behalf pursu- ant to this Agreement. (2) To make all arrangements to provide the con- struction contractor with permits to enter and construct on lands outside of STATE's right of way in the event that such permits are necessary to accommodate construction of PROJECT, and to cer- tify in a form satisfactory to STATE, prior to STATE's advertis- ing date of a construction contract for PROJECT, that such permits have been obtained. -2- PAGE 3 (3) Upon completion of work under this Agreement, TOWN will assume maintenance and control and the expense thereof for any part of PROJECT located outside of the then - current State right of way. SECTION III IT IS MUTUALLY AGREED: (1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. (2) Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances in- stalled within STATE's right of way will automatically be vested in STATE, and materials, equipment and appurtenances installed outside of STATE's right of way will automatically be vested in TOWN. No further, agreement will be necessary to transfer owner- ship as hereinabove stated. (3) Upon completion and acceptance of the PROJECT con- struction contract by STATE and subsequent to the execution of a maintenance agreement or modification to the existing maintenance agreement, STATE will accept control and maintain, at its own cost and expense, those portions of PROJECT lying within STATE's right of way, except local roads delegated to TOWN for maintaince. STATE will maintain at STATE expense the entire -3- 19t0)D M, a structure below the top of the concrete deck surface of the TOWN local road overcrossing. (4) TOWN will accept, control and maintain, at its own cost and expense, the portions of PROJECT lying outside STATE's right of way. Also TOWN will maintain at TOWN expense, local roads within STATE's right of way delegated to TOWN for mainte- nance and all portions and facilities above the top of the con- crete deck surface of the Town local road overcrossing, as well as all traffic service facilities that may be required for the benefit or control of TOWN local road traffic. (5) Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by TOWN under or in con- nection with any work, authority or jurisdiction delegated to TOWN under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, TOWN shall fully de- fend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by TOWN under or in con- nection with any work, authority or jurisdiction delegated to TOWN under this Agreement. (6) Nether TOWN nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in con- nection with any work, authority or jurisdiction delegated to MAC PAGE 5 STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4 STATE shall fully de- fend, indemnity and have harmless TOWN from all claims, suits or action of every name, kind and description broght for or on ac- count of injury (as defined in Government Code Section 810.8) oc- curring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. (7) Except for maintenance clauses, this Agreement shall terminate upon completion and acceptance of the con- struction contract for PROJECT by STATE and final disposition of Town's required deposit as specified in Section II, Article (1) above, or on September 30, 1998, whichever is earlier in time. -5- STATE OF CALIFORNIA TOWN OF LOS GATOS Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation By District Division Chief UZ PAGE 6 Mayor Patrick 0. Laughlin Attest: Approved as to form and procedure Town Cle Attorney Department of Transportation Certified as to funds District Resource Manager Certified as to form and procedure District Accounting Administrator