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80-022 Joint Exercise of Powers Agreement between Santa Clara, Sunnyvale, Palo Alto, Saratoga, Los Gatos and Morgan Hill, Resurfacing of Public Streets. , , -, ". 1 -- J:llY OF. CUPflmNQ PUBLIC WIlRKS ' APR 241980 JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITIES OF SANTA CLARA, SUNNYVALE, PALO ALTO, SARATOGA, CUPERTINO, LOS GATOS AND MORGAN HILL RELATING TO THE RESURFACiNG OF PUBLIC STREETS THIS AGREEMENT, made and entered into by the cities of SANTA CLARA, SUNNYVALE, PALO ALTO, SARATOGA, CUPERTINO, LOS GATOS, and MORGAN HILL, is made pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of C~lifornia (Sec. 65, et seq.) and relates to the exercise of power common to the public agencies involved in this agreement. I. PURPOSE It is the purpose of this agreement to provide for the resurfacing of public streets and roadways within the boundaries of the public agencies party to this agreement, and for the coordination of a process whereby bids for all such work are solicited and contracts awarded. It is also the purpose of this agreement to coordinate and dispatch all resources that may be required to accomplish the objectives of this agreement and to create a unified administrative operation ,.hich will increase the overall operational effectiveness of public works programs for the benefit of the parties to this agreement. II. TERM a. The effective date of this agreement shall be the date on which all parties to this agreement shall have executed it. b. This agreement shall continue in full force and effect for a period of one (1) year from effective date, unless sooner terminated by the parties hereto. ( , , '. " , ; c. Any designated party may withdraw from this agreement or choose not to participate by providing written notice thereof to thc CIT'{ OF SANTA CLARA no less than thirty (30) days prior to the advertised solicitation of bids for said project. Said withdrawal shall not invalidate or terminate this agreement as to the remaining participants. III. ADMINISTRATIVE AGENCY The City of Santa Clara shall act as the agency for thc administration of this agreement and, as more fully provided here- in, shall perform such services and furnish such materials as may , be necessary to carry out the objectives of this agreement. All actions to be performed by the City of Santa Clara hereunder shall be performed as may be required from time to timc by the charter of said city and "The Code of the Ci,ty of Santa Clara, California." The City of Santa Clara shall not be entitled to any administrative fee or reimbursement of costs for administrative services rendered hereunder. The services to be provided under this agreement shall include but not necessarily be limited to. the following: a. Upon receipt of the various plans and specifications referred to herein from all the respective parties, the City of Santa Clara shall prepare all bid documents necessary to solicit contract bids on the work described in this agreement. Bids solicited shall be for the total of all work to be done on behalf of all the parties hereto, it being the intent of the parties that a single contract be awarded for the performance of all of said work. Such bid documents and contr~ct shall include, with respect to the work to be performed within each city, all of the plans and specifications incorporated herein or submitted by each party pursuant to the terms hereof. The bid documents shall require, and -2- " a\~ard of the contri'tct shall be based on, the total bid for all lVork to be performed under the contract. HOlVever, the bidders shall be required to provide bid break-dolVUs showing, witH specificity, those portions of the bid attributable to work performed for each of the parties, b. The City of Santa Clara shall advertise for bids here- under and shall consider all bids received and, if found appropriate, shall award the contract to the lOlVest responsible bidder. No bid shall be awarded to any bidder other than the low bidder except with the concurrence of all parties hereto. The City of Santa Clara shall not reject all bids or otherwise fail to execute a contract for the lVork hereunder except upon recommendation of the Advisory Committee. c. The City of Santa Clara shall execute any contract awarded and shall be the contracting party; provided, that the con- tract shall be expressly for the benefit of each of the parties here- to with respect to 'vork performed in each of the jurisdictions and each party shall be authorized to exer6ise such rights, lVarranties and causes of action with respect to said work directly against the contractor. d. The City of Santa clara shall coordinate, or require the contractor to coordinate the scheduling of any work within the jurisdiction of each of the parties, hereto. e. Except as otherwise expressly provided herein, each party hereto shall adminis ter any contract awarded '~ith respect to the work to be performed in all respects, including, but not limited to, disbursement of all payments to contractors and the inspection and approval of all work performed thereunder within the jurisdiction of said party. Each ,such party shall advise the City of Santa Clara in writing of the acceptability of such work as soon as practical after said determination is made. -3 - " -: « IV. ADVISORY COMMITTEE There is hereby created a Joint Resurfacing Contract Ad- visory Committee. Each party to this agreement shall appoint to such Committee its Director of Public Harks. In lieu of the appointment of such official, the party herein making said appointment may sub- stitute and appoint the immediate assistant, if any, of its Director of Public Works for the appointment. Such Committee shall be advisory only and shall recommend to the City Council of the City of Santa Clara any action necessary to the effective administration of this agreement including the award of contracts and change orders. Upon request, each party hereto shall provide said Committee with copies of any or all docu- ments acquired, prepared or maintained in connection with the ad- ministration of the contract, including, but not limited to, all records relating to t he financial administration of the cort: ract. V. PLANS AND SPECIFICATIONS Each party to this agreement shall submit a complete and final set of plans and specifications for all street and roadway . resurfacing proj ects author:iz. ed by the 1 egis lative body of such party for the fiscal year 1979~80 no later than the date set by the Advisory Committee. Said plans and specifications shall be incor- porated into the project conract, copies of which are on file with the City Clerk of the City of Santa Clara entitled "1979-1980 Multi- Cities Street Resurfacing Project" and incorporated herein by refer- ence. Each such set of plans and specifications shall contain a map or diagram or description of the location of all such resurfacing work to be done within the boundaries of sa id party during said fiscal ) year, as well as the types of materials and methods of work to be performed. Any changes in sad plans and specifications shall be in -4 - .. . ' the form of change orders as provided in the proiect contract. VI. METHOD OF PAYMENT The Chief Fiscal Officer for each of the parties partici- pating in this agl-eement shall cause payment for its portion of work performed and materials provided in the manner provided for in the project contract. VII. SEVERABILITY .' . Should any part, term or prov~s~on of this agreement be decided by the courts to be illegal or in conflict with any laws of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining provisions shall not be affected thereby. VIII. SUCCESSORS, ASSIGNMENT This agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, none of the parties hereto may as- sign any right or obligation hereunder without the consent of the other parties hereto. IX. SECTION HEADINGS All section headings contained herein are for convenience of reference only and are not intended' to define or lim"it the scope of any provision of this agreement. X. INDEMNIFICATION Pursuant to California Government Code Section 895.4, each of the parties to this agreement agree as follows: - 5 - " _ ... a. Each party shall indemnify, save harmless and defend the remaining parties to this agreement and their respective councils, boards, commissions, officers, agents and employees from all liability, or claims for money or damages, arising from, or occurring as a result of negligent or wrongful acts or omissions of such party's officers, agents, or employees occurring in the performance of this agreement. b. It is the intention of the parties that the provision of the above paragraphs be interpreted to allocate to each the financial risk, responsibility and loss (if any) attributable to the acts or omissions of their respective officers, agents or employees. XI. INSURANCE AND LIABILITY a. Insurance and liability protection, including workmen's compensation insurance, shall be provided on the part of each of .the parties hereto, concerning all work performed pursuant to the plans and specifications provided for by that party, and shall name all other parties to this agreement as additional insureds, Nothing contained herein shall require the procurement of insurance by any party which is self-insured as to any of the coverages required. b. Except as expressly provided herein or agreed to in separate written contract by a party herein agreeing to be responsible therefor, no debt of any of the parties hereto shall be a debt liability and/or obligation of any other party to this agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement -6- .. to be executed by their duly authorized officers and their official seals to be affixed hereto. Date: "j~ l'l;i78'V [SEAL] ATTEST: ~e:.-L- City Clerk Date,~,;;zz M2 [SEAL] A'~ City Clerk • / (> Date: ____ ~!~,(~;~i·_'~ft __ 4~l~/~i-h-·-{-)- [SEAL) City Cl,lf: APPROVED AS TO FORM: :' II (I). \ ' City" ;~forney «,.\I"cull.! -----_ .. _ .. _ .... _. Mayor APPROVED, ~ By4fiL '2 - City Manager CITY OF PALO ALTO By aprtT,_ li:'!'ce4,t~:r\ Mayor By'-l~~~~~~~====~ __ __ City Manager -7- • 7 ' '[SEAL] . City Clerk { Da t e :'-.:...·---'L'-.:~::....::.._ ~J_--'-..:{;.....:...., :.../;...: _' __ [ SEAL] .r City 91erk APPROVED AS TO.F. ?~_ / : l/ / // i .'.,' ~ /, ({,I /'" '.' (}t//; (E C;ity Attorney' . [SEAL) ATTE1I: ( jJ -//l1,4.rZ!JI~v~ City Cleij'i APPROVED AS TO FORM: /d-/ : ~ ayor City Manager CITY OF CUPERT~O By e.~T~Nt~ Mayor APPROVED: By _______________ ~--~---- City Manager Nrlyor City Manager -8- ,i • , 'Date: ---------------- (SEAL] ATTEST: , J City Clerk , , APPROVED AS TO FORM: City Attorney , , ·'~~~tf.f...-,~~~­ I) ;, City Clerk I' ~ . " . ~,' ! " :'.APPROVED AS , , Date:_' __________________ __ [SEAL] ATTEST: City Clerk. APPROVED AS TO FORM: City Attorney Date: ____________________ _ [SEAL] ATTEST: City Clerk. APPROVED AS TO FORM: Ci~y Attorney '. CITY OF' SARA~ By _________ ---"..".-_ Mayor APPROVED: By _____ ~1 __ ~~~~~ City Manager ., ,Mayor , City Manage,r CITY OF LOS GATOS • By __________________ ~ __ Mayor APPROVED: B:;r. , City Manager CITY OF MORGAN HILL By _____________________ __ Mayor APPROVED: • BY. ____________ ~~-=---- City Manager -8- , "