2002-138-Authorizing Town Manager to Execute Cost Share Agreement Between Town of Los Gatos and City of SJ for Paving Of Blossom Hill RdRESOLUTION 2002 - 138
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE
A COST SHARE AGREEMENT
BETWEEN THE TOWN OF LOS GATOS AND
THE CITY OF SAN JOSE FOR THE PAVING OF BLOSSOM HILL ROAD
WHEREAS, it is the mutual best interest of the Town of Los Gatos and the City of San
.Jose to work cooperatively, and
WHEREAS., the Town will benefit financially byreducing the projects construction
costs and future maintenance costs, .and
WHEREAS, the agreement entitled "Agreement by and between the City of San.Jose
and the Town of Los Gatos for the paving of Blossom Hill Road" is on file in the Office of the
Town Clerk, are hereby approved; and
THEREFORE, BE IT RESOLVED: that the Town Council does hereby authorize the
Town Manager to execute this cost share agreement between the Town of Los Gatos and the City
of .San Jose (Exhibit A) for the paving of Blossom Hill Road.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 3rd day of September, 2002 by the following voter
COUNCIL MEMBERS:
AYES: Steven Blanton; 'Sandy Decker, ..Steve Glickman, Joe Pirzynski,
Mayor Randy Attaway.
NAYS : None
ABSENT: None
ABSTAIN.: None
ATTEST:
CLERK OF TIME TOWN OF LOS AT
LOS GATOS, CALIFORNIA
SIGNED: /~~
MAYOR O 'THE TO OF LOS GATOS
LOS GATOS, CALIFORNIA
~~, '` ~~
COOPERATE :~1 AGREEMENT BETWEEN THEE JWN O)~`~ `~~ " '~ '~
vu lTl'~1 V1J
.AND THE CITY OF SAN JOSE FOR STREET RESUR~T~~-
01~,D
1~B~
THIS AGREEMENT is :made .and entered into on day of , 2~~~~by and between the
Town of Los Gatos, a municipal corporation of the State of California, hereinafter re erne "~o as°`~Town
and the City of San Jose, a municipal corporation of the State of California, hereinafter referred to as "City."
RECITALS
A. Town is in the process of executing a pavement overlay program, which includes work on Blossom Hill
Road.
B. The northern portion of Blossom Hi11 Road extending from a point 100 feet East of Meadow Brook
Drive to Belgatos Road is within the jurisdictional limits of City, identified in Exhibit A attached
herento and. incorporated by this reference.
C. It is in the public interest for the overlay of Blossom Hill Road to be completed in a uniform and
economic manner, which interest i:s achieved by allowing Town to complete the project, including the
area within the limits of City, and to be reimbursed by City for said work, than for Town and City to
separately contract for the overlay of their respective portions of Blossom Hill Road.
D. Town and City each to not intend by this Agreement to delegate any of their legal discretion to the other.
NOW, THEREFORE, in consideration of their mutual promises and agreements, and subject to the terms,
conditions and provisions herein set forth, the parties hereto agree as follows:
TERMS
l . Scope of Work. Town shall resurface Blossom Hill Road from a point 100 feet East of Meadow Brook
Drive to Belgatos .Road in the same manner using the same plans and specifications as shall be used to
complete the resurfacing of the remainder of Blossom Hill Road within Town's street resurfacing project
area. Specifically, Town shall perform eight (8) inch dig outs of failed pavement sections and replace
with new asphalt. The length of the paving on Blossom Hill Road in City's jurisdiction is .approximately
1700 feet. The work includes contract engineering services and site .management and inspection
services.
2. Compensation, City agrees to pay Town an amount not to exceed $70,777.04, as identified in Exhibit
B attached hereto and incorporated by this reference., Payment to be made within 30 calendar days of
City's receipt of. Town's invoice(s). Invoices shall be based on City's Share of the costs incurred by
Town in completing the street resurfacing project, including, but not limited to, :City's proportionate
share of the engineering and construction management and supervision costs, and the lineal feet of
resurfacngwork done in the northern area of Blossom Hill_Road from a point 100 feet East ofMeadow /'
:Brook Drive to Belgatos Road at the unit price rate set forth in the .contract between Town and its s~ef
resurfacing contractor.. City may request documentation of such costs, and may review t riginal
invoices and weight certifications or request copies of same, which shall be provided within a reasonable
time.
Page 1 of 3
Exhibit A
3. Project Acceptance ~ity shall have the right to inspect and :etermne the acceptability of the work
performed within its jurisdiction, prior to acceptance by Town. Acceptance by City shall be made in
writing to Town. City understands that acceptance by Town shall result in the release of the remaining
withholding amount and shall reduced the obligation of the performance bond surety to ten percent
(10%) of the contract amount, which shall .remain in place as a warranty bond for two years. Town
agrees to cooperate with City should City raise any issues concerning the work in City's jurisdiction that
require correction prior to acceptance or within ahe warranty period.
4. Maintenance and Oberation. Maintenance and operation ofBlossom Hill Road shall remain as currently
determined, consistent with jurisdictional boundaries.
5. .Indemnifications. It is mutually understood .and agreed:
a. That neither Town, nor any officer or employee thereof, shall be be responsible for any damage
or liability .occurring. by reasons 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.
Pursuant to Govermnent Code. §895..4, Town shall indemnify and hold City harmless frorn any
liability imposed for injury (as defined by .Government Code §810.8) 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.
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.
Pursuant to Government Code §895,4, City shall indemnify and hold Town harmless from any
liability imposed for injury (as defined by Government Code §810.8) 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.
c. Town and City shall require any contractor awarded a contract for any portion of the work to be
done pursuant to this Agreement to secure and maintain in full force and effect at all times during
construction of the work and until said work is accepted by Town, public liability and property
damage insurance in forms .and limits of liability .and satisfactory and .acceptable o both Town
and City, .naming Town and City, and their respective officers .and employees, as additional
insureds, from and .against all claims, loss liability, cost or expense arising out of or in any way
connected with the construction of said work. The aforementioned policy shall contain a
provision that the insurance afforded thereby to City and. Town .and their respective officers and
employees, shall be primary insurance to the full limits of liability of the policy, and that if Town
or City, or their respective officers .and employees, have other insurance against a loss covered
by such policy, such other insurance shall be excess insurance only.
6. Severabilty. If any term, covenant, condition or provision of this Agreement, or the application thereof
to any person or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or ahe
application thereof to any person or circumstance, shall remain in full force and effect and shall in no
way be affected, impaired or invalid thereby.
7. Prior Agreements. This Agreement represents the entire understanding of the parties as to (hose matters
Page 2 of 3
contained herein. ~ prior oral. or written understanding sh~ ~e of any force or effect with respect to
those matters contained herein. No prior oral or written understanding shall be of any force or effect
with respect to those matters covered hereunder. This Agreement may only be modified by a written
amendment duly executed by the parties to this .Agreement.
8. Waiver. No failure on the part of either party to exercise :any right or remedy hereunder shall operate
as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or
default under this Agreement constitute a continuing waiver of a subsequent breach of the came or any
other provision of this .Agreement.
IN WITNESS WHEREOF, Town and~City have executed this Agreement as of the date indicated on page one.
Town of Los Gatos by:
.Debra J. Figone, Town Manager
City of San Jose, by;
Signature
Recommended by:
.John Curt' , D rector
Parks & P bli Works
Approved as to .Form:
~,-.~
Drry P. orb, Town Attorney
ATTEST:
Clerk of the Town of Los Gatos,
Los Gatos, California
Marian V. Cosgrove, Town Clerk
Print Name
Title
Approved as to Form:
~~
:Mohammed Hill, Deputy City .Attorney
Page 3 of 3
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