1982-106-Authorizing Seal Coating Contract With County Of Santa ClaraRESOLUTION NO. 1982 -106
RESOLUTION AUTHORIZING SEAL COATING CONTRACT
WITH COUNTY OF SANTA CLARA
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 a contract with the County of Santa Clara,
entitled, "Agreement Between the County of Santa Clara and the
Town of Los Gatos Relating to Chip Seal of Various Streets
Within the Town of Los Gatos," a copy of which is attached hereto,
and that the Mayor is authorized, and is hereby directed, to exe-
cute said agreement in the name and in behalf of the TOWN OF LOS
GATOS.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Los Gatos held on the 7th day of June
1982.
I
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito,
Marlyn J. Rasmussen, Brent N. Ventura and Peter W.
Siemens
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS: None
SIGNED:
N? R THE TOWN OF LOS GATOS
ATTEST:
CLERK OF THE TOWN OF LOS GAT
G
AGREEMENT BETWEEN THE COUNTY OF SAW Lk CLARA
AND THE CITY OF LOS GATOS R..LATING TO CHIP SEAL
vARIOUS STREEPS WITHIN THE CITY OF LOS GkTOS
This is an agreement between the County of Santa Clara (County), State of
California, and the City of Los Gatos (City) to chip seal various streets
within the city of Los Gatos.
IT IS AGREED between the parties as follows:
1. Performance of Work and Materials. County shall provide all labor,
materials, and equipment required for chip sealing those city streets as
designated by the City Engineer, the number of applications shall be determined
by the City Engineer. The City shall remove all excess material from the
streets.
The County shall provide and place all advance notices of work and shall
provide and place all no parking signs.
2. City's Cost and Final Accounting. Upon completion of the chip seal
project, County shall submit to City and final account of the total
construction cost based on labor and materials required to chip seal said
designated streets. Within thirty (30) days after receiving said accounting
the City shall pay to County said total construction cost. City's unit cost
for chip sealing shall be less than $0.065 per square foot.
3. Records and Accounts. County shall keep, maintain, and render avail-
able inspection by City or its authorized representatives records and books
which will provide a complete and accurate account of all costs, fees, and
expenditures made by County on construction costs of the project.
4. Hold Harmless. The City will save, keep, and bear harmless the County
and all officers, employees, and agents thereof from all damages, costs, or
expenses, in law or in equity, that may at any time arise or be set up because
of personal injury or damage to property sustained by any person or persons by
reason of, or in the course of the performance of said work, or by reason by
any infringement or alleged infringement of the patent rights of any person or
persons, firm or corporation in consequence of the use in, on, or about said
work, of any article or material supplied or installed under this agreement.
Not withstanding the above, the County shall, wherever it is necessary, keep
and maintain at its sole cost and expense during the course of its operations
under this agreement, such warnings, signs, and barriers as may be required to
protect the public. The provisions of the preceding sentence shall not impose
any liability upon the County and are for the express benefit of the general
public.
5. Term of Agreement. This agreement shall be effective until July 1,
1983. The City Engineer, by giving notice in writing to the County, shall have
the right to extend this agreement on a one year basis for each of the
following years. The City and County shall agree upon a maximum unit cost for
chip sealing each time this agreement is extended.
The City or the County may terminate this agreement at any time. Upon
notice of termination, the County shall discontinue chip sealing City's streets
and prepare a final accounting which City shall then pay, as provided in para-
graph 2 above.
IN WITNESS WHEREOF, the parties have executed this Agreement
, 1982, by County; 1982, by City.
COUNTY OF SANPA CLARA CITY OF LOS GATOS
ATTEST: Donald M. Rains, Cleric ATTEST:
Town Clerk of the Town of Gatos
ot Supervisors
By
Chairman,
Board
County of
Santa
Clara, State of California
Mayor of
the Town of Los Gatos
ATTEST: Donald M. Rains, Cleric ATTEST:
Town Clerk of the Town of Gatos