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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 FURTHER RESOLVED, that Resolution No. 1980 -28, adopted February 19, 1980, is hereby rescinded.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 -1- 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.