1980-035-Authorizing Amended Agreement With City Of San Jose Relating To Resurfacing Of StreetsRESOLUTION NO. 1980 -35
RESOLUTION AUTHORIZING AMENDED AGREEMENT
WITH CITY OF SAN JOSE RELATING TO
RESURFACING OF STREETS.
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
that agreement entitled, "AMENDED AGREEMENT BETWEEN CITY OF SAN JOSE AND
TOWN OF LOS GATOS RELATING TO RESURFACING OF STREETS ", with the CITY OF
SAN JOSE, a copy of which is attached hereto, and that the Mayor is
authorized, and he is hereby directed, to execute said agreement in the
name and in behalf of the TOWN OF LOS GATOS.
FURTHER RESOLVED, that Resolution No. 1980 -28, adopted February 19,
1980, is hereby rescinded.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Los Gatos held on the 17th day of March , 1980.
AYES: COUNCIL MEMBERS Ruth Cannon Thomas J. Ferrito
Mardi oualtieri, Peter W. Siemens ohn B ochner
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT:
COUNCIL MEMBF1O
SIGNED:
ATTEST:
CLERK OF THE TOWN OFS
AMENDED
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:
1. TOWN plans to resurface various streets within the corporate limits of TOWN.
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:
1. 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.
Los Gatos - Almaden Road from Cherry Blossom Lane to
the Cemetery.
2. Upon approval by CITY, TOWN will include in its resurfacing project the
sections of street or streets within CITY, described above, and shall
resurface said streets in accordance with said plans and specifications.
3. CITY'S share of the cost of the work shall be determined by multiplying
the quantities of work actually done within CITY by the contract unit
prices plus ten (10 %) per cent for inspection and contract administration.
CITY shall pay to TOWN, CITY'S share of the cost of the work, within
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thirty (30) days of receipt of an itemized listing of such costs from
TOWN.
4. 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.
S. Mutual Indemnification.
It is mutually understood and agreed that:
(a) 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 or in connection with any work, authority or
jurisdiction delegated to CITY under this agreement.
(b) 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
-2-
Section 810.8) occurring by reason of anything doneor omitted to
be done by TOWN under or in connection with any work, authority or
jurisdiction delegated to TOWN under this agreement.
6. Termination.
This agreement shall terminate on December 31, 1980 if the work has not
started prior to that date.
Dated:
APPROVED AS TO FORM:
Attorney.
Dated: �s� n "2" %�� /i /i
-3-
CITY OF SAN JOSE
M
ty Cler
CITY.
TOWN OF LOS GATOS
BY
Mayor
TOWN.