1983-042-Approving The Street Resurfacing Agreement With The City Of San JoseRESOLUTION No. 1983 -42
RESOLUTION APPROVING THE STREET RESURFACING AGREEMENT
WITH THE CITY OF SAN JOSE
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 an agreement entitled,
"AGREEMENT BETWEEN THE 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.
FURTHER RESOLVED, that the Mayor is authorized, and hereby directed to execute
said agreement in the name and in behalf of the T014N OF LOS GATOS.
PASSED AND ADOPTED at a regular — meeting of the Town Council of the Town
of Los Gatos held on 7 day of March 1983 by the
following vote:
AYES: COUNCIL MEMBERS Terrence J. Daily, Thomas J, Ferri to, Mares J_T
Rasmussen and Mayor Brent N. Ventura
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS ��� peniami�y
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS'"
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AGREEMENT BETWEEN CITY OF SAN jO5E AND TOWN OF LOS GATO\
RELATING TO RESURFACING OF STREETS
This agreement is made and entered into, effective upon the last date this
document is signed by too parties hereto, by and between the TOWN OF LOS GATDS, 3
municipal corporation of the State of California (TOWN), and the CITY OF SAN CU\E` a
municipal corporation of the State of California /CITY`' based on the following
facts:
1. TOWN plans to resurface various streets witnik tnS corporate limits of
TOWN.
2^ Snort sections of street Or streets, ki1nin the corporate limits of [ITY,
need t0 be resurfaced, and are adjacent t0 streets (within TOWN) planned t8 be
resurfaced by TOWN.
TOWN AND CITY AGREE AS FOLLOWS:
A. 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 LV CITY for approval.
I. Blossom Hill Road from a Point approximately five hundred (500) feet east
of Dover Street t0 Blossom Dale Drive.
2. Union Avenue from Los Gatos-Almaden Road t0 a point approximately four
hundred /480\ fret southerly.
]. Los Gatos-Almaden Road from a point approximately one hundred seventy five
(175) feet westerly Of H3rwiCk Road t0 Leigh Avenue.
B. Upon apr8Ya} by CITY, TOWN will include in its resurfacing project the
sections of street or streets within CITY, described above, and TOWN shall direct
its contractor 1u resurface said streets in accordance win said plans and
specifications.
C. n -oi ..i, _:of _ LUK- P �2 1, U 5 on
:
advise C.- .,
Ci _ �i.� Sh„...r o'` said COSt based
respective contract prices constructed in CITY
_ ...'l i duc-terwine _ _ actual cost w
on the actuol itess of work at the
jurisdictional boundaries. 1n,
addition, a project administration fee of ten percent (10%) of the actual construction
cast nail be charged to CITY. Said project administration fee shall include
preparation of plans and specifications, inspection, bidding, contract administration,
and incidental expenses of this project. CITY'S eSt7mctC'C share of P:O..ECl C:0'it,
including administration fee, is $47,270.56. CITY'S share has been C-.t<_rmi ned on
basis of estimated work to be conducted within CITY'S jurisdictional boundary. ;noun..
CITY'S final cost exceed 550,000, payment of exceeded amount to TOWN shall be
authorized by a subsequent agreement.
D. TOWN dull require any contractor doing any work within CITY, pursuant to
this contract, to secure and maintain. for CITY at all tikes during construction of
the project, the sari public liability and property damage insurance for CITY as is
provided for TOWN.
E, HOLD HARMLESS: It is mutually understood and agreed:
a. That neither CITY nor any officer or employee thereof, shall be responsible
for any damage of 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 T0WN 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 Section 810.8) occurring by reason of anything done or omitted to be done
by TOWN under this agreement 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 Section 895.4, CITY shall fully indemnify and hold
TOWN Harmless from any liability imposed for injury (as defined by Government
Code Section 8100 occurring by reason of anything done or omitted to be done
by CITY under this agreement under or in connection with any work, authority or
jurisdiction delegated to CiTY under this agreement,
AT' T:
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ATTEST:
CLERK 0, Tnt N C,
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