08 Staff Report - Cooperative Agreement for Street Resurfacing Project~0W No
f
COUNCIL AGENDA REPORT
DATE: May 15, 2008
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
MEETING DATE: 612108
ITEM NO: y
SUBJECT: COOPERATIVE AGREEMENT FOR STREET RESURFACING PROJECT
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE A COST SHARE COOPERATIVE AGREEMENT IN THE
AMOUNT OF $85,000 BETWEEN THE TOWN OF LOS GATOS AND THE
CITY OF CAMPBELL FOR A JOINT STREET RESURFACING PROJECT
RECOMMENDATION:
Adopt resolution authorizing the Town Manager to approve a cost share cooperative agreement
(Exhibit A) in the amount of $85,000 between the Town of Los Gatos and the City of Campbell
for a joint Street Resurfacing project.
BACKGROUND:
The Town of Los Gatos and the City of Campbell have participated in various joint public works
projects throughout the years, and staff believes that it would be mutually beneficial for a
contractor to perform the street resurfacing project on streets shared by both jurisdictions under
one contract administered by one agency.
The City of Campbell and the Town of Los Gatos desire to participate in a Street Resurfacing
Project on West Parr Avenue, Dardenelli Lane, Capri Drive, and Division Street. These streets
are partially owned by each jurisdiction and resurfacing part of the street by each agency is not a
prudent approach to take on such project. The Town has recently completed the resurfacing of a
number of streets close to the City of Campbell border and this joint project completes the
resurfacing of all the streets in the border of both agencies.
PREPARED BY:
KEVIN ROHANI 1&Z
Interim Director of Parks and Public Works
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Reviewed by: LtLAssistant Town Manager ` Town Attorney
Clerk Administrator Finance ommunity Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: COOPERATIVE AGREEMENT FOR STREET RESURFACING PROJECT
MAY 15, 2008
DISCUSSION:
The proposed agreement between the Town of Los Gatos and City of Campbell represents
another step forward in partnering to deliver municipal services. Partnering produces efficiencies
and can result in lower unit costs.
The work has been identified in advance by representatives from both jurisdictions with regard to
scope, estimated cost, and timing. The City of Campbell will be the lead agency on this project
and will administer the contract and construction. The Town of Los Gatos will pay 15%
administration fee to the City of Campbell for the project.
A cooperative agreement has to be signed by the Town and the City to officially outline all the
responsibilities and assignments related to each agency during the course of the project, in
addition to the project cost distribution. The overall cost for the Town of Los Gatos includes
contingencies estimated at $85,000.
CONCLUSION:
It is recommended that the Council adopt the attached resolution authorizing the Town Manager
to execute a cost share cooperative agreement with the City of Campbell in the amount of
$85,000.
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt pursuant to Sections 15301 (c), 15303(e) and 15304(b) of
the State CEQA guidelines.
FISCAL IMPACT:
The Town's contribution in this resurfacing project will be paid from the annual street repair and
resurfacing project funds.
Attachments:
Resolution approving cost share cooperative agreement (Exhibit A) with the City of Campbell
for a joint street resurfacing project.
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING A COST SHARE COOPERATIVE AGREEMENT
BETWEEN THE TOWN OF LOS GATOS AND THE CITY OF CAMPBELL
FOR A STREET RESURFACNG PROJECT
WHEREAS, the Town of Los Gatos and the City of Campbell desires to enter
into a cost share cooperative agreement for a Street Resurfacing Project on West Parr Avenue,
Dardenelli Lane, Capri Drive, and Division Street in the Town of Los Gatos and the City of
Campbell; and
WHEREAS, it is in the public interest for both agencies to work together as a
reliable, timely, and cost effective means of completing this project; and
NOW, THEREFORE, BE IT RESOLVED, that the Town Council does hereby
approve an agreement (Exhibit A) between the Town of Los Gatos and the City of Campbell and
hereby authorizes the Town Manager to execute said agreement,
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos held on the 2"d day of June, 2008, by the following vote:
COUNCIL MEMBERS:
AYES :
NAYS :
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
AGREEMENT BETWEEN THE CITY OF
CAMPBELL AND TOWN OF LOS GATOS
FOR THE RUBBERIZED CAPE SEAL OF WEST PARR AVENUE
BETWEEN POLLARD ROAD AND CAPRI DRIVE
This Agreement (herein "Agreement") is made and entered into this day of
, 2008, (herein the "Effective Date") by and between the City of Campbell, a
California municipal corporation, with its principal place of business located at 70 North First
Street, Campbell, California 95008 (herein "CAMPBELL") and the Town of Los Gatos, a
California municipal corporation, (herein "LOS GATOS"). CAMPBELL and LOS GATOS may
be referred to herein collectively as the "Parties", "Cities" or the "Parties to this Agreement".
RECITALS
WHEREAS :
A. West Parr Avenue from Pollard Road to Capri Drive is located in part in CAMPBELL
and in part in LOS GATOS; and
B. CAMPBELL and LOS GATOS find that it is in the public interest to remove and replace
failed asphalt and to install rubberized cape seal overlay W. Parr Avenue from Pollard
Road to Capri Drive, adjacent to which CAMPBELL currently has a paving project; and
C. It is in the public interest for CAMPBELL and LOS GATOS to complete the PROJECT
in a cooperative and economical manner by constructing the project together; and
D. Each Party has agreed to perform its portion of the work as described herein, under its
direction.
E. CAMPBELL Resolution No. adopted , authorizes its Public Works Director
to enter into an agreement with the LOS GATOS for said work.
In consideration of the above referenced recitals and the following mutual covenants, agreements
and obligations of the parties, CAMPBELL and LOS GA T OS agree as follows:
AGREEMENT PROVISIONS
1. PROJECT DESCRIPTION:
The work to be performed under this Agreement will consist of removing and replacing
failed asphalt concrete pavement and installing rubberized cape seal overlay along W.
Parr Avenue, from Pollard Road to Capri Drive (herein the "PROJECT").
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2. CAMPBELL'S OBLIGATIONS:
CAMPBELL agrees as follows:
A. To act as the lead agency to administer the design and construction of the PROJECT.
Administration shall include preparation of plans, specifications, contract documents
and cost estimate; notification of local businesses; coordination with various
agencies; preparation of all necessary environmental documents; obtaining permits;
obtaining bids; awarding the construction contract; administering the construction
contract; providing materials control and inspection services; and making progress
payments to the contractor.
B. To pay the PROJECT cost. The Project cost is defined as the actual amount paid to
the contractor, plus all related costs for project design, construction management and
administration.
C. CAMPBELL agrees to work with LOS GATOS to ensure al.l work in LOS GATOS's
jurisdiction meets the requirements of the plans and specifications prior to acceptance
or within the warranty period.
D. The designated project manager for CAMPBELL for the duration of the PROJECT is
Fredrick Ho (phone number: 408-866-2156). CAMPBELL's project manager shall
have all the necessary authority to direct technical and professional work within the
scope of the Agreement and shall serve as the principal point of contact with LOS
GATOS.
3. LOS GATOS'S OBLIGATIONS:
LOS GATOS agrees as follows:
A. To pay the construction cost of the PROJECT.
B. To provide CAMPBELL with all necessary design information in LOS GATOS's
jurisdiction for incorporation into the final plans and specifications.
C. To mark out in the field all pavement areas to be removed and replaced on W. Parr
Avenue within LOS GATOS's jurisdiction pursuant to the Metropolitan
Transportation Commission's Pavement Condition Index Distress Identification
Manual.
D. To pay the construction cost of the PROJECT within forty-five (45) business days of
receiving and approving the detailed invoice from CAMPBELL, provided that the
following conditions are met:
The PROJECT has been completed and LOS GATOS has approved the work.
Acceptance by LOS GATOS shall be made in writing to CAMPBELL; and
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2. The detailed invoice sets forth the cost of construction of all PROTECT work
based on the actual contract unit prices paid and negotiated change order(s), if
any.
E. The designated project inanager for LOS GATOS for the duration of the PROJECT is
Melissa Huang (phone number: 408-395-53-40). LOS GATOS's project manager
shall have all the necessary authority to review and approve and accept technical and
professional work within the scope of the Agreement and shall serve as the principal
point of contact with LOS GATOS. LOS GATOS may request documentation of
such costs, and may review the original invoices and weight certificates or request
copies of same, which shall be provided within a reasonable time.
4. TERM OF AGREEMENT:
A. Unless otherwise modified by a written amendment to this Agreement, the term of
this Agreement shall be one (1) year from the Effective Date or until PROJECT
acceptance by both parties and final payments of all outstanding balances, which ever
is later.
B. Consistent with City of SAN JOSE's Standard Specifications, Section 7-1.23,
CAMPBELL shall cause the contractor to provide a warranty period of at least one
(1) year from the acceptance date.
5. OWNERSHIP AND MAINTENANCE:
A. Upon completion of all work under this Agreement, ownership and title to all
materials, equipment and appurtenances installed as a part of the PROJECT within
the city limits of LOS GATOS will automatically be vested in CAMPBELL, and all
materials, equipment and appurtenances installed as a part of the PROJECT within
the city limits of CAMPBELL will be vested in CAMPBELL, and no further
agreement will be necessary to transfer ownership.
B. This Agreement does not change any authority or responsibility between
CAMPBELL and LOS GATOS with regard to maintenance, operation or further
repair responsibility.
6. CONTRACTOR SHALL BE AN INDEPENDENT CONTRACTOR:
Any contractor(s) hired by either Party to perform the work included in the PROJECT
shall not be an agent or employee of either Party and will perform such work as an
independent contractor. All persons employed by or contracted with such contractor(s) to
furnish labor and/or materials in connection with the work in the PROJECT shall not be
employees of either Party in any respect.
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7. TERMINATION:
Either Party may terminate this Agreement any time prior to award of the construction
contract for the PROJECT upon thirty (30) days' written notice to the other Party by
mutual consent.
Once CAMPBELL has awarded the construction contract for the PROJECT, the
Agreement can be terminated only upon the mutual written consent and on terms
acceptable to both parties.
8. NO PLEDGING OF EITHER CITY'S CREDIT:
Under no circumstances shall either CAMPBELL or LOS GATOS have authority or
power to pledge the credit of the other public entity or incur obligation in the nine of the
other public entity.
9. NO THIRD PARTY BENEFICIARY:
This Agreement shall not be construed or deemed to be an agreement for the benefit of
any third party or parties and no third party or parties shall have any claim or right of
action hereunder for any cause whatsoever.
10. AMENDMENTS :
No alteration or violation of the terms of this Agreement shall be valid unless made in
writing and signed by the parties and incorporated into this Agreement.
11. NOTICES:
Notices are to be sent as follows:
To LOS GATOS: Kevin Rohani
Interim Director of Public Works
Town of Los Gatos
41 Miles Avenue
Los Gatos, CA 95030
To CAMPBELL: Robert Kass
Director of Public Works
City of Campbell
70 N. First Street
Campbell, CA 95008
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12. SEVERABILITY CLAUSE:
In case any one or more of the provisions contained herein shall, for any reason, be held
invalid, illegal, or unenforceable in any respect, it shall not affect the validity of the other
provisions which shall remain in full force and effect.
13. HOLD HARMLESS/INDEMNIFICATION:
Neither of the respective Parties, their respective City Councils, employees, officers,
agents and assigns shall be responsible for any damage or liability occurring by reason of
anything done or omitted to be done by the other party in connection with the PROJECT.
It is understood and agreed that pursuant to California Government Code Section 895.4,
the respective Parties shall frilly indemnify and hold the other harmless from any claims,
actions, loss or liability imposed for injury (as defined ]n Government Code Section
810.8) by reason of anything done or omitted to be done by CAMPBELL or LOS
GATOS in connection with any work, authority or jurisdiction delegated to the respective
Party under this Agreement. This hold harmless and indemnification provision shall
apply to any activities, error or omission of the respective Party and/or the Party's
officers, employees, agents, consultants or contractor or any person or entity acting or
omitting to act for or on behalf of said City or such person or entities as are specifically
authorized and empowered by the respective Party to act for the Party.
14. CAPTIONS:
The captions of the various sections, paragraphs and subparagraphs of this Agreement are
for convenience only and shall not be considered nor referred to for resolving questions
of interpretation of this Agreement.
15. INSURANCE REQUIREMENTS:
CAMPBELL shall require any contractor awarded a contract for any portion of the work
to be done on the Project to secure and maintain in full force and effect at all times during
construction and performance of the Project, and until said Project is accepted by both
PARTIES, bodily injury insurance, and property damage insurance at no cost to either
CAMPBELL or LOS GATOS, with coverage amounts, required endorsements,
certificates of insurance, and coverage verifications satisfactory and acceptable to both
PARTIES. CAMPBELL shall require that CAMPBELL and LOS GATOS, their respective
City Councils, commissions, officers, employees, volunteers and agents are hereby added
as additional insureds on the corn nercial general liability policy with respect to liability
arising out of Contractor's work for CAMPBELL on this Project.
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It is mutually understood that during the term of the construction activities on the
PROJECT, CAMPBELL will require the successful contractor to carry commercial
general liability insurance in amourrts of not less than One Million Dollars ($1,000,000);
automobile liability insurance in an amount not less that One Million Dollars
($1,000,000); and a Workers' Compensation Insurance policy with policy limits in an
amount not less than One Million Dollars 1,000,000).
16. STATUTES AND LAW GOVERNING CONTRACT:
This Agreement shall be governed and construed in accordance with the statutes and laws
of the State of California.
17. WAIVER:
The Parties' waiver of any term, condition or covenant, or breach of any term, condition
or covenant shall not be construed as a waiver of any other term, condition or covenant or
breach of any other term, condition or covenant.
18. ENTIRE AGREEMENT:
This Agreement contains the entire Agreement between CAMPBELL and LOS GATOS
relating to the PROJECT. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this Agreement are of no force or effect.
19. OTHER AGREEMENTS :
This Agreement shall not prevent either Party from entering into similar agreements with
others. The Parties acknowledge and accept the terms and conditions of this Agreement
as evidenced by the following signatures of their duly authorized representatives. It is the
intent of the Parties that this Agreement shall become operative on the effective date.
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CITY OF CAMPBELL, CALIFORNIA
Robert Kass
Public Works Director
70 N. First Street
Campbell, CA 95008
Phone. (408) 866-2190
Fax: (408) 376-0958
TOWN OF LOS GATOS, CALIFORNIA
Kevin Rohani
interim Public Works Director
41 Miles Avenue
Los Gatos, CA 95030
Phone: (408) 399-5773
Fax: (408) 438-1 143
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