1984-181-Approving The street Resurfacing Agreement With The County Of Santa ClaraRESOLUTION No. 1984 -181
RESOLUTION APPROVING THE STREET RESURFACING .AGREEMENT 14ITN
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 TOYN OF LOS GATOS enter into an agreement with the
County of Santa Clara entitled, "Agreement Between the Town of Los Gatos and the
County of Santa Clara for the Resurfacing of Portions of Shannon Road 'lithin the
Town of Los Gatos ", a copy of which is attached hereto.
FURTHER RESOLVED, that the Ma_vor is authorized, and hereby directed to execute
said agreement in the name and in behalf of the T014N OF LOS GATOS.
PASSrD AND ADOPTED at areqular meeting of the Torn Council of the Town
of Los Gatos held on 15th day of October, , 1984 by the
following vote: y
AYES:
CO!7MCIL
MEN ?HERS
Joanne Beniamin,
Eric
D.
Carlson, Terrence J.___
Dail y,
6rent N.
Ventura and Mayor
Thomas
J Frrito
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None ^�
A3 SE NT: COUNCIL P4EMRERS None
SIGNED:
ATTEST:
AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND COUNTY OF SANTA CLARA FOR THE
RESURFACING OF PORTIONS OF SHANNON ROAD 14ITHIN THE T014N OF LOS GATOS
THIS :AGREEMENT, made and entered into the day of _
1984, 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 CLARAA, a
political subdivision of the State of California, (hereinafter referred to as
"COUNTY ").
WITNESSETH:
WHEREAS, in fiscal year 1984 -85, TOWN plans to resurface certain public streets
with asphalt concrete together with all work necessary to complete the resurfacing,
all of which shall be hereinafter referred to as "PROJECT "; and
14HEREAS, Shannon Road from Los Gatos Boulevard to Short Road is a street
considered for resurfacing; and
bMEREAS, a certain portion of said street lies within the jurisdictional
boundaries of COUNTY; and
WHEREAS, in the best interest of the public, COUNTY and T014N desire to have said
portion of Shannon Road resurfaced in an orderly and economical manner by having
said portion of Shannon 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:
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 TO'JN and COUNTY:
Shannon Road from Los Gatos Boulevard to Short Road
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 he performed by contract. T014N 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
$35,000.00. COUNTY'S share has been determined on a basis of an estimate of the
resurfacing work, pavement, repair work, and restriping to be performed within
COUNTY'S jurisdictional boundary.
Said COUNTY work is on Shannon Road from Roby Lane to Amanda Lane.
TOWN will issue COUNTY a statement of estimated costs within 90 days of opening
of bids. COUNTY agrees to deposit $35,000.00 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 TO14N, TOWN
shall refund the excess deposited amount to COUNTY within 30 days of final
accounting by TOWN.
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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 T014M under this Agreement. It is also understood and
agreed that, pursuant to Government Code Section 395.4, TOWN shall full`/ indemnify
and hold COUNTY 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 TOkN under this Agreement.
2. That neither T014N, nor any officer or employee thereof, shall he
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 395.4, COUNTY shall 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
COUNTY under this agreement 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
satisfactory and acceptable to both COUNTY and TOWN, and their respective officers
and employees, 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 enployees
shall be primary insurance to the full limits of liability of the policy, and that
if TOWN 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.
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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
TOWN 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 January 1, 1935, 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 14HEREOF, the parties hereto have executed this Agreement the day and
year first hereinabove set forth.
APPROVED AS TO FORM:
TO'Wn ATTOR --
ATTEST:
TONfN CLERK, TOW. OF L S4a b� --
APPROVED AS TO FORM AND LEGALITY:
oun y �ounse
ATTEST:
1. , . , , er oar o
Supervisors
TO
By
COUNTY OF SANTA CLARA, a political
subdivision of the State of California
By
,5airperson, oar o upervisors
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