2005-083 - Approving An Agreement Between The Town Of Los Gatos And The City Of Monte Sereno For The 2005 Joint Street Resurfacing ProjectRESOLUTION 2005 - 083
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING AN AGREEMENT
BETWEEN THE TOWN OF LOS GATOS AND THE CITY OF MONTE
SERENO FOR THE 2005 JOINT STREET RESURFACING PROJECT
WHEREAS, the City of Monte Sereno (CITY) desires to utilize the services of
the Town to provide a joint Street Resurfacing Project in the CITY; and
WHEREAS, it is the public interest for CITY to be able to utilize the services of
the Town of Los Gatos (TOWN) as a reliable, timely and cost effective means of obtaining
necessary services to perform certain limited and time sensitive slurry seal; and
WHEREAS, the TOWN is willing to provide such services to the CITY.
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 Monte Sereno
to provide contract public works services for the City of Monte Sereno and 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 1 st day of August, 2005, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
Mayor Mike Wasserman.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLE AD INI T TOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK DEPATt IENT
AGREEMENT BY AND BETWEEN THE CITY OF MONT��SEREN
AND THE TOWN OF LOS GATOS FOR . ,-- °
THE 2005 JOINT STREET RESURFACING PROJECT � s
THIS AGREEMENT is made and entered into this _day of
, 2004 by and between the CITY OF MONTE SERENO, a municipal
corporation of the State of California, hereinafter referred to as " MONTE SERENO" and
the Town of Los Gatos, a municipal corporation of the State of California, hereinafter
referred to as "TOWN ".
RECITALS
WHEREAS, it is in the public interest to rehabilitate and resurface roads throughout both
cities (describe the general area), hereinafter referred to as "PROJECT "; and
WHEREAS, the PROJECT primarily lies within the jurisdictional limits of TOWN and
the portions within MONTE SERENO have been approved for street maintenance by
MONTE SERENO and by TOWN as part of the Fiscal Year 2004 -05 Street Repair and
Resurfacing project; and
WHEREAS, it is in the public interest for MONTE SERENO and TOWN to perform the
PROJECT in an cooperative and economic manner by performing both MONTE
SERENO and TOWN portions of the PROJECT together; and
WHEREAS, MONTE SERENO and TOWN desire to proportionally share the costs of
the PROJECT;
NOW, THEREFORE, in consideration of their mutual promises and agreements, and
subject to the terms, conditions, and provisions hereinafter set forth, the parties hereto
agree as follows:
AGREEMENT
1. SCOPE OF PROJECT
1.1 The PROJECT consists of removing and replacing isolated- areas of
pavement failures, removing and replacing traffic striping and markings,
placing pavement fabric, resurfacing the roadway with asphalt concrete,
chip seal and /or slurry seal within the PROJECT limits, and performing
incidental work.
2. SCOPE OF WORD.
2.1 TOWN is in the process of selecting a contractor for the PROJECT
( "Contract "). TOWN shall be responsible for the management of the
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Contract including construction inspection, issuing change orders, approving
and processing progress payments, coordinating final walk through,
preparing punch list, recommending final acceptance and completing as-
builts for work performed within MONTE SERENO and TOWN.
2.2 MONTE SERENO shall field mark areas of failed pavement within
MONTE SERENO to be included in the Contract within 15 days of
executing this agreement. TOWN shall coordinate with MONTE SERENO
on final walk through and preparing punch list. MONTE SERENO shall
promptly review and respond to all requests by TOWN for review and
approval of plans or work in connection with the PROJECT.
2.3 MONTE SERENO shall approve the plans and specifications for the
PROJECT and shall approve and become a party to the Contract. MONTE
SERENO shall determine whether to accept and, as appropriate, accept the
work done on that portion of the PROJECT located within the jurisdiction of
MONTE SERENO.
2.4 TOWN shall administer the Contract and, as such, shall possess all powers
common to both TOWN and MONTE SERENO that may be necessary to
effectuate the purpose of this Agreement, subject only to the manner of
exercise of such powers provided herein and the restrictions imposed by law
upon TOWN in exercise of such powers.
2.5 The designated project manager for TOWN for the duration of the
PROJECT is Jolui Curtis. TOWN'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
MONTE SERENO. The designated project manager for MONTE SERENO
for the duration of PROJECT is Gordon Siebert, City Engineer. MONTE
SERENO'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 TOWN.
3. COST SHARING OF PROJECT
3.1 MONTE SERENO agrees to pay TOWN for all actual PROJECT costs for
work performed within the jurisdictional limits of MONTE SERENO up to
$50,000 plus a proportionate share of engineering, inspection and testing
costs, based on the proportion of CITY to TOWN construction costs, plus
17% of such TOWN labor and equipment costs, to cover environmental
review, engineering, construction inspections, PROJECT management,
printing, advertising, and other required incidental expenditures. MONTE
SERENO total is estimated to be and shall not exceed $60,000.
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3.2 Upon completion and acceptance of PROJECT by TOWN, TOWN shall
forward to MONTE SERENO, within thirty (30) days, or as soon thereafter
as TOWN has paid for work performed under the Contract, a statement of
all PROJECT costs and an invoice for funds due TOWN for work within
MONTE SERENO. This statement shall list the costs of construction of all
PROJECT work completed within the jurisdictional limits of MONTE
SERENO based on the actual prices paid pursuant to the Contract and any
subsequent change orders approved by Monte Sereno.
3.3 MONTE SERENO shall pay TOWN the total amount due within 45 days of
billing.
4. MAINTENANCE AND OPERATION AND CONDITION PRECEDENT TO
OBLIGATIONS
This AGREEMENT does not change any authority or responsibility between
TOWN and MONTE SERENO with regard to maintenance, operation or future repair
responsibility for the portion of any roads located within MONTE SERE-NO.
5. INSURANCE AND IDEMNIFICATION
5.1 Neither MONTE SERENO 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
understood and agreed that, pursuant to Government Code Section 895.4,
TOWN shall indemnify, defend, and hold MONTE SERENO 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. It is understood and agreed that the foregoing
indemnity applies solely to liability arising from the acts or omissions of
TOWN and does not extend to liability for injury or claims arising from the
acts or omissions of the contractor performing the work.
5.2 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 MONTE SERENO under or in connection with any work, authority
or jurisdiction delegated to MONTE SERENO under this agreement. It is
understood and agreed that, pursuant to Government Code Section 895.4,
MONTE SERENO shall indemnify, defend, 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
MONTE SERENO under this agreement.
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5.3 TOWN shall require the contractor performing the work to secure and
maintain in full force and effect at all times during construction of the
PROJECT and until the PROJECT is accepted by TOWN, public liability and
property damage insurance in forms and limits of liability acceptable to both.
MONTE SERENO and TOWN naming MONTE SERENO and TOWN and
their respective officers, employees and agents as additional insured from and
against all damages and claims, loss of liability, cost or expense arising out of
or in any way connected with the construction of the PROJECT.
6. ADDITIONAL PROVISIONS
6.1 A party's 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 reach of any other term, condition or covenant.
6.2 This Agreement contains the entire Agreement between TOWN and
MONTE SERENO relating to the PROJECT. Any prior agreements,
promises, negotiations, or representations not expressly set forth in this
Agreement are of no force or effect.
6.3 If any term, condition or covenant of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining
provisions of this Agreement shall be valid and binding on TOWN and
MONTE SERENO.
6.4 This Agreement shall be governed and construed in accordance with laws of
the State of California.
6.5 This Agreement may be executed in counterparts.
6.6 The term.of this Agreement shall commence upon execution of the
Agreement by both parties and terminate upon acceptance and
final payments or upon mutual written consent of both parties. Warranty
period shall be one ( 1) year from the acceptance date as specified in the
Town of Los Gatos Standard Specifications. For all work performed within
the jurisdictional limits of Monte Sereno the warranty shall be assigned to
Monte Sereno.
6.7 All changes or extensions to this Agreement must be in writing in the form
of an amendment and approved by both parties.
6.8 This Agreement is entered only for the benefit of the parties executing this
Agreement and not for the benefit of any other individual, entity or person.
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7. NOTICES
All correspondence relating to the PROJECT, including all notices required under
this Agreement may be delivered by first class mail addressed to the appropriate
party at the following addresses.
MONTE SERENO: Gordon Siebert, City Engineer
Public Works Department
18041 Saratoga -Los Gatos Road
Monte Sereno, CA 95030 -4299
TOWN: John Curtis
Director of Parks and Public Works
41 Miles Avenue
Los Gatos, CA 95030
IN WITNESS WHEREOF, the parties have executed the AGREEMENT the day and
year set forth above.
TOWN:
TOWN OF LOS GATOS, a municipal corporation
By:
Debra Figone, Town Manager
ATTEST:
Date:
By: Date:
Marlyn Rasmussen, Clerk Adminstrator
APPROVED AS TO FORM:
By:
Orry Korb, Town Attorney
Date:
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MONTE SERENO:
CITY OF MONTE SERENO
By:
Brian Loventhal, City Manager
MONTE SERENO
ATTEST:
m.
Andrea M. Chelemengos, City Clerk
MONTE SERE-NO
APPROVED AS TO FORM:
0
Kirsten Powell, City Attorney
MONTE SERENO
Date:
Date:
Date:
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