1983-043-Approving The Street Resurfacing Agreement With The County Of Santa ClaraRESOLUTION No. 1983 -43
RESOLUTION APPROVING THE STREET RESURFACING AGREEMENT
WITH THE 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 an agreement entitled,
"AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND COUNTY OF SANTA CLARA FOR THE
RESURFACING OF BLOSSOM HILL ROAD FROM THE WESTERLY PROPERTY LINE OF BLOSSOM HILL
PARK TO A POINT 360 FEET WEST OF MEADOWBROOK DRIVE AND RESURFACING OF LOS
GATOS- ALPIADEN ROAD BETWEEN UNION AVENUE AND LEIGH AVENUE ", with the County of Santa
Clara, 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 TOWN 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. Ferrito, Marlyn J.
Rasmussen and Mayor Brent N. Ventura
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None -
ABSENT: COUNCIL MEMBERS Joanne Benjamin
SIGNED:
ATTEST:
CLERK F THE TO 4r'4 F LO -
�t
'la vfiy� t
AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND COUNTY OF SANTA CLARA FOR THE
RESURFACING OF BLOSSOM HILL ROAD FROM THE WESTERLY PROPERTY LINE
OF BLOSSOM HILL PARK TO A POINT 350 FEET WEST OF MEADOWBROOK DRIVE AND
RESURFACING OF LOS GATOS - ALMADEN ROAD BETWEEN UNION AVENUE AND LEIGH AVENUE
THIS AGREEMENT, made and entered into the _ day of FEB Q 1 1g83 ,
1983, by and between the TOWN OF LOS GATOS, a municipal corporation of the State of
California, (hereinafter referred to as "TOWN "), and the COUNTY OF SANTA CLARA, a
political subdivision of the State of California, (hereinafter referred to as
"COUNTY ").
WITNESSETH:
WHEREAS, in fiscal year 1982 -83, TOWN plans to resurface certain public streets
with asphalt concrete together with all work necessary to complete the resurfacing,
all of which said improvements shall be hereinafter referred to as "PROJECT "; and
WHEREAS, Blossom Hill Road from the westerly property line of Blossom Hill Park
to a point 350 feet west of Meadowbrook Drive is a street considered for
resurfacing; and
WHEREAS, Los Gatos - Almaden Road between Union Avenue and Leigh Avenue is a
street considered for resurfacing; and
WHEREAS, a certain portion of said streets lie within the jurisdictional
boundaries of COUNTY; and
WHEREAS, for the best interest of the public, COUNTY and TOWN desire to have
said portion of Blossom Hill Road and Los Gatos - Almaden Road resurfaced in an
orderly and economical manner by having said portion of Blossom Hill Road and Los
Gatos - Almaden Road included in the PROJECT.
NOW, THEREFORE, for and in consideration of their mutual promises and
agreements, and subject to the terms, conditions and provisions hereinafter set
forth, the parties hereto do hereby agree as follows:
S {fm L 0 T I C E _fLD257s'..
y Please return this document to the Board
of Supervisors, Santa Clara County,Js=
70 W. Hedding St., San Jose, Calif.
95110. We shall provide Count y depart-
ments involved with conformed copies.
Thank you. Clerk, Board of Supervisors j
G
ARTICLE I
PROJECT ADMINISTRATION
1. Scope of Project: The scope of said project consists of the resurfacing of
the following street under joint jurisdiction of TOWN and COUNTY:
BLOSSOM HILL ROAD - Westerly property line of Blossom Hill Park to a poilt
350 feet west of Meadowbrook Drive.
LOS GATOS- ALMADEN ROAD - From Union Avenue to Leigh Avenue.
Project costs will be shared on the basis of the actual jurisdictional
boundaries existing at the time of the award of contract. Both parties agree that
this provision will not be affected by later retroactive changes to the boundaries.
2. Plans, Specifications and Estimates: TOWN shall prepare or cause to be
prepared plans, specifications and estimates for said project and shall submit said
plans, specifications and estimates for said project to the COUNTY for COUNTY'S
approval.
3. The construction work will be performed by contract. TOWN will award and
administer the contract pursuant to the law governing TOWN.
ARTICLE II
FINANCE
1. The PROJECT is proposed to be financed by TOWN. TOWN will determine
COUNTY'S share of the project cost. COUNTY'S cost will be based on the actual
construction cost of the resurfacing improvements within the COUNTY'S jurisdictional
boundary. In addition, COUNTY will be charged a PROJECT administration fee as
provided hereinbelow.
2. COUNTY'S estimated share of PROJECT cost, including administration fee, is
$18,888.06. COUNTY'S share has been determined on a basis of an estimate of the
resurfacing work and restriping to be performed within COUNTY'S jurisdictional
boundary.
WA
Said COUNTY work is on Blossom Hill Road -Linda Avenue to Dover Street and Los
Gatos- Almaden Road -Union Avenue to a point approximately one hundred seventy -five
(175) feet easterly of Warwick Road.
TOWN will issue COUNTY a statement of estimated costs within 90 days of opening
of bids. COUNTY agrees to deposit $18,838.06 with TOWN within 30 days of issuance
of statement by TOWN.
3. Upon completion of construction, TOWN shall determine the actual cost and
advise COUNTY of COUNTY'S share of said cost based on the actual items of work
constructed in COUNTY'S jurisdiction at the respective contract unit price. In
addition, a PROJECT administration fee of fifteen percent (15%) of COUNTY'S share of
the actual construction cost shall be charged to COUNTY. Said PROJECT
administration fee shall include preparation of plans and specifications,
inspection, bidding, contract administration, and incidental expenses of this
PROJECT.
COUNTY'S final cost of the PROJECT shall be determined within 90 days after
completion and acceptance of the PROJECT by TOWN.
Should COUNTY'S final cost exceed the amount deposited with TOWN, COUNTY shall
pay TOWN the exceeded amount.
Should COUNTY'S final cost be less than the amount deposited with TOWN, T014N
shall refund the excess deposited amount to COUNTY within 30 days of final
accounting by TOWN.
ARTICLE III
MUTUAL INDEMNIFICATION AND INSURANCE
Hold Harmless: It is mutually understood and agreed:
1. That neither COUNTY, 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 COUNTY harmless from any liability.imposed for injury (as defined by
Government Code Section 810.3) 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.
-3-
2. 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 COUNTY under or in connection with any work, authority or
jurisdiction delegated to COUNTY under this Agreement. It is also understood and
agreed that, pursuant to Government Code Section 895.4, COUNTY shall indemnify and
hold TOWN Harmless from any liability imposed for injury (as defined by Government
Code Section 870.8) occurring by reason of anything done or omitted to be done by
COUNTY under or in connection with any work, authority or jurisdiction delegated to
COUNTY under this Agreement.
3. Insurance. TOWN shall require any contractor awarded a contract for any
portion of said Project to secure and maintain in full force and effect at all times
during construction of said Project and until said Project is accepted by TOWN,
public liability and property damage insurance in forms and limits of liability and
satisfactory and acceptable to both COUNTY and TOWN, naming County and Town and
their respective officers and employees, as insureds from and against any claims,
loss liability, cost or expense arising out of or in any way connected with the
construction of said Project.
The aforementioned policy shall contain a provision that the insurance
afforded thereby to TOWN and COUNTY and their respective officers and employees
shall be primary insurance to the full limits of liability of the policy, and that
if T014N or COUNTY, or their respective officers and employees, have other insurance
against a loss covered by such policy, such other insurance shall be excess
insurance only.
ARTICLE IV
AMENDMENTS
No amendments to this Agreement shall be valid unless made in writing and signed
by both parties hereto.
ARTICLE V
RECORDS AND ACCOUNTS
T014N shall keep, maintain and render available for inspection by COUNTY or its
authorized representatives, records and books which will provide a complete and
accurate account of all costs, fees and expenditures made by TOWN on said PROJECT.
ARTICLE VI
TERMINATION
The terms of this Agreement shall be void with respect to any project for which
a construction contract is not awarded prior to June 30, 1963, and any sums paid by
COUNTY to TOWN, pursuant to Article II, paragraph 2 herein, with respect to said
PROJECT shall be forthwith refunded, except that TOWN'S accrued costs for said
PROJECT, if any, shall be-deducted from such sum to be refunded to COUNTY.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first hereinabove set forth.
APPROVED AS TO FORM:
TOWN OF LOS GATOS, a municipal corporation
L R
V. A a —
own A for ey MAYOR
County unsel`—
Supervisors
"TOWN"
COUNTY OF SANTA CLARA, a political
subdivision of the State of California
By
grperson, Boar o up ry rs —
Rebecca Q. AAor an FE M 0 1 �gg3
OUNTY"
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