1999-039-Enter Into An Agreement Between The Town And The City Of Campbell For Street Reconstruction Project Of Pollard RoadRESOLUTION 1999 - 39
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT
BETWEEN THE TOWN OF LOS GATOS AND THE CITY OF CAMPBELL FOR THE
STREET RECONSTRUCTION PROJECT OF POLLARD ROAD
WHEREAS, it is the mutual best interest of the Town of Los Gatos and the City of
Campbell to work cooperatively, and
WHEREAS, the Town will benefit financially by reducing the project's construction
costs and future maintenance costs, and
WHEREAS, the agreement entitled "AGREEMENT BY AND BETWEEN THE
CITY OF CAMPBELL AND THE TOWN OF LOS GATOS FOR THE STREET
RECONSTRUCTION PROJECT OF POLLARD ROAD" 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 Manager to execute this agreement between the Town of Los Gatos and the City of Campbell
(Exhibit A) providing contract for the Street Reconstruction Project of Pollard Road
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 5th day of April, 1999 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski
Mayor Jan Hutchins
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
LOS GATOS—C— ALIFORNIA
ATTEST:
CLERK OF THE TOWN OF Le) GA
LOS GATOS, CALIFORNIA
S GATOS
AGREEMENT BY AND BETWEEN TIDE CITY
OF CAMPBELL AND THE TOWN OF LOS GATOS
FOR POLLARD ROAD STREET RESURFACING PROJECT
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THIS AGREEMENT is made and entered into this 5'h day of Agril , 1999; by and between
the City of Campbell, a municipal corporation of the State of California, hereinafter referred to as
"CAMPBELL" and the Town of Los Gatos; a municipal corporation of the State of California,
hereinafter referred to as "LOS GATOS".
RECITALS
WHEREAS, it is in the public interest to rehabilitate and resurface Pollard Road from 150 feet
west of Hyde Court to the intersection of West Parr Avenue, excluding the area from Wedgewood
Avenue to York Avenue, hereinafter referred to as "PROJECT "; and
WHEREAS, a portion of the PROJECT lies within the jurisdictional limits of Campbell and has
been approved by the CAMPBELL City Council as a street maintenance project for fiscal year
1998/99; and
WHEREAS, a portion, of the PROJECT, lies within the jurisdictional limits of LOS GATOS; and
WHEREAS, it is in the public interest for CAMPBELL and LOS GATOS to construct the
PROJECT in a cooperative and economical manner by constructing both CAMPBELL and LOS
GATOS portions of the PROJECT together; and
WHEREAS, CAMPBELL and LOS GATOS desire to 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
SCOPE OF PROJECT
The PROJECT consists of removing and replacing isolated areas of pavement failures,
removing and replacing traffic striping and markings, milling and replacing asphalt
concrete, wedge grinding, placing pavement fabric, resurfacing the roadway with asphalt
concrete within the PROJECT limits, and performing incidental work.
2, SCOPE OF WORK
2.1 CAMPBELL shall perform the following: 'complete an environmental review;
prepare plans and specifications in accordance with the City of Campbell Standard
Specifications and Details for Public Works Construction; prepare the engineer's
cost estimate; provide copies of plans, specifications and estimate to LOS GATOS
for review and approval; advertise, collect, open and review bids; prepare and
award contract to the lowest responsive responsible bidder; inspect construction;
administer and perform the management of the construction contract; issue change
orders; approve and process progress payments; coordinate with utility companies
for raising facilities to grade; coordinate final walk - through, prepare punchlist,
recommend final acceptance; and complete as- builts for work performed within
LOS GATOS for PROJECT.
2.2 LOS GATOS shall perform the following: field mark areas with dimensions for
failed pavement areas within LOS GATOS to be removed and replaced for inclusion
on plans; review and approve plans, specifications and engineer's cost estimate for
work within LOS GATOS within five (S) working days of receipt of same; attend
the final walk through of the PROJECT and prepare and deliver a punch list of
contract items within two (2) working days of walk- through.
2.3 In exercising this Agreement, CAMPBELL shall be the administering agent and, as
such, shall possess all powers common to both CAMPBELL and LOS GATOS 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 CAMPBELL in exercise of such powers.
2.4 The designated project manager for CAMPBELL for the duration of the PROJECT
is Lisa Petersen, Senior Civil Engineer. 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. The designated project manager for LOS GATOS for the duration of the
PROJECT is Steve Regan. LOS GATOS' 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 CAMPBELL.
3. COST SHARING OF PROJECT
3.1 LOS GATOS agrees to pay CAMPBELL for all actual PROJECT costs for work
performed within the jurisdictional limits of LOS GATOS plus a maximurn of 15 %
of such costs, to cover environmental review, engineering, construction inspection,
PROJECT management, printing, advertising, and other required incidental
expenditures. LOS GATOS' share is estimated to be $ 137,657.31 .
3.2 Prior to award of the construction contract by CAMPBELL, LOS GATOS shall
issue a purchase order to CAMPBELL in the amount of 1172,200.00, 125 % of the
responsive and responsible contractor's bid price for work to be constructed within
LOS GATOS, and this amount shall not exceed $210,000.00.
3.3 Upon completion and acceptance of PROJECT by CAMPBELL and LOS GATOS,
CAMPBELL shall forward to LOS GATOS, within thirty (30) days, a statement of
all PROJECT costs and an invoice for funds due CAMPBELL for work within 'LOS
GATOS, if any. This statement shall list the costs of construction of all PROJECT
work completed within the jurisdictional limits of LOS GATOS based on the actual
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contract unit prices paid and negotiated change orders, if any. CAMPBELL shall
include a 15 % markup on the cost of work performed in Los Gatos and bill LOS
GATOS for the balance due for all PROJECT work completed within LOS
GATOS' jurisdictional boundaries.
3.4 LOS GATOS shall pay CAMPBELL the balance of funds due within forty -five (45)
days of billing.
3.5 CAMPBELL shall obtain prior written approval from LOS GATOS for any
change orders affecting Los Gatos portion of the project. LOS GATOS shall have
final approval of any change orders affecting Los Gatos portion of the project.
3.6 For any project materials measured by weight, the Contractor shall deliver all
weight slips, provided by a certified weighmaster, to the CAMPBELL PROJECT
MANAGER who will be responsible for forwarding copies thereof, with
corresponding invoices, to LOS GATOS. CAMPBELL shall be responsible for
verifiying the project materials, quantities and specifications, provided by the
Contractor, are accurate and meet all requirements of the project specifications.
4. MAINTENANClE AND OPERATION
This AGREEMENT does not change existing authority or responsibility of CAMPBELL
and LOS GATOS with regard to maintenance, operation or future repair responsibility, of
the streets within their respective jurisdiction.
5. INSURANCE AND INDEMNIFICATION
5.1 Neither LOS GATOS nor any officer, official, or employee thereof, shall be
responsible for any . damage or liability occurring by reason of anything done or
omitted to be done by CAMPBELL under or in connection with any work,
authority or jurisdiction delegated to CAMPBELL under this Agreement. It is
understood and agreed that, pursuant to Government Code Section 595A,
CAMPBELL shall indemnify, defend, and hold LOS GATOS harmless from any
liability including reasonable costs and attorney's fees imposed for injury (as
defined by Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by CAMPBELL under this Agreement.
5.2 Neither CAMPBELL, nor any officer, official, or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything done or
omitted to be done by LOS GATOS under or in connection with any work,
authority or jurisdiction delegated to LOS GATOS under this Agreement. It is
understood and agreed that, pursuant to Government Code Section 895.4, LOS
GATOS shall indemnify, defend, and hold CAMPBELL harmless from any liability
imposed for injury (as defined by Government Code Section 810.8) occurring by
reason of anything dome or omitted to be done by LOS GATOS under this
Agreement.
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53 CAMPBELL shall require the contractor to secure and maintain in full force and
effect at all times during construction of the PROJECT and until the PROJECT is
accepted by CAMPBELL, public liability and property damage insurance in forms
and limits of liability acceptable to both LOS GATOS and CAMPBELL, naming
LOS GATOS and CAMPBELL and their respective officers, employees and agents
as additional insured from and against all damages and claims, loss liability, cost or
expense arising out of or in any way connected with the construction of the
PROJECT.
5.4 The Contractor and all Sub- Contractors shall meet the Town of Los Gatos insurance
standards and shall have a Town of Los Gatos Business License. CAMPBELL shall
provide a list of all Contractors and Sub - Contractors to LOS GATOS prior to award
of bid of the project, LOS GATOS shall deduct from the final payment for the
work done under this Project any unpaid fees for business licenses required by the
Contractor and all Sub - Contractors for work performed within the Town of Los
Gatos.
6. ADDITIONAL PROVISIONS
6.1 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.
6.2 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.
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 CAMPBELL and LOS
GATOS,
6.4 This Agreement shall be governed and construed in accordance with the laws of the
State of California.
6.5 This Agreement may be executed in counterparts and will be binding as executed.
6.6 The term of this Agreement shall commence upon execution of the Agreement by
both parties and terminate upon PROJECT acceptance and final payments.
Warranty period shall be one (1) year from the acceptance date as specified in the
CITY OF SAN JOSE Standard Specifications, Section 7 -1.22,
6.7 All changes or extensions to this Agreement must be in writing in the form of an
amendment and approved by both parties.
ME
7. TERMINATION
7.1 Either CAMPBELL or LOS GATOS may terminate the Agreement at any time
prior to award of the construction contract for the PROJECT upon thirty (30) days,
written notice. If the Agreement is terminated, LOS GATOS shall pay to
CAMPBELL, all actual documented completed costs incurred by CAMPBELL, for
the LOS GATOS portion of work, up to the day of receipt of written notice of
termination. LOS GATOS will pay CAMPBELL within forty -.five (45) days from
receipt of the itemized CAMPBELL invoice for the LOS GATOS portion of work.
7.2 Once the construction contract for the PROJECT has been awarded, the Agreement
can be terminated only upon the mutual written consent and terms acceptable to
both parties.
S. NOTICES
Notices required under this Agreement may be delivered by first class mail addressed to the
appropriate party at the following addresses:
CAMPBELL:
Michelle Quinney, P.E.
City Engineer
Public Works Department
70 North First Street
Campbell, CA 95008-1423
LOS GATOS:
Scott Baker
Director of Parks and Public Works
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95032
IN WITNESS WHEREOF, the parties have executed the AGREEMENT the day and year first set
forth above.
APPROVED AS TO FORM:
William Seligmann
Campbell City Attorney
APPROVED AS TO FORM:
Orry P. Korb, Town Attorney
Town of Los Gatos
ATTEST:
Marian Cosgrove, Town Clerk
Town of Los Gatos
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City of CAMPBELL,
a municipal corporation
By:
Robert .Kass
Its: Public Works Director
Town of LOS GATOS, a municipal
corporation
By:
David Knapp, Town Manager
Town of Los Gatos