HomeMy WebLinkAboutVTA - Santa Teresa Blvd. Widening Funding Agreement
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FUNDING AGREEMENT
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
CITY OF GILROY
This Funding Agreement is between the Santa Clara Valley Transportation Authority
("VfA") and the City of Gilroy ("City").
RECITALS
1. Santa Teresa Boulevard is a principal roadway arterial for the movement of
workers, goods, and services within the City of Gilroy. However, Santa Teresa
Boulevard is aging, and in need of capital and operational improvements.
2. The City wishes to widen Santa Teresa Boulevard from two to four lanes in each
direction from First StreetlHighway 152 - Hecker Pass Road to Longmeadow Drive
(referred to herein as "Gilroy - Santa Teresa Boulevard Widening Project"or
"Project"). Included in the Project will be landscaping, soundwall, improvements,
bike lanes, signal upgrades, streetlights, undergrounding and one new signal.
3. Following City's request for funding, VfA has approved programming $3,000,000 in
Measure B funds to the Gilroy - Santa Teresa Boulevard Widening Project.
SECTION I
The City Agrees:
1. To undertake and complete construction of the Gilroy - Santa Teresa Boulevard
Widening Project and fully expend all funds by September 30, 2006.
2. To construct the Santa Teresa Boulevard improvements to the expressway design
standards set forth by the City of Gilroy.
3. To design and construct all bicycle lanes to the standards set forth in the VfA
Bicycle Technical Guidelines as those Guidelines conform with the standards
established by the California Department of Transportation.
4. To serve as project manager, acting as fiscal agent and contracting entity for
consultants and contractors.
5. To submit monthly invoices to the VfA with details of all costs incurred during the
invoice period until the $3,000,000 to be contributed to the Project by the VfA
under this Funding Agreement is fully invoiced.
6. To retain all books, documents papers, accounting records and other evidence
pertaining to costs as required until September 30,2009.
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SECTION II
VTA Agrees:
1. To contribute the sum of $3,000,000 to the Gilroy - Santa Teresa Boulevard
Widening Project, or the cost of the Project, whichever amount is less.
2. To pay the City the full amount billed within 30 days after receipt of each monthly
billing and to make such payments until the Gilroy - Santa Teresa Boulevard
Widening Project is complete or the programmed funds are fully invoiced,
whichever occurs first.
SECTION III
It is mutually agreed:
1. Neither VT A 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
the City under or in connection with any work, authority or jurisdiction delegated
to VTA or the City under this Funding Agreement. It is understood and agreed that
pursuant to Government Code 895.4, the City shall fully defend, with counsel
acceptable to VTA which approval shall not unreasonably be withheld, indemnify,
and save harmless VTA, its officers and employees, from all suits or actions of
every name, kind and description brought on for or on account of injury (as
defined in Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by the City under or in connection with any work, authority
or jurisdiction delegated to City under this Funding Agreement.
2. Neither the City 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
VTA under or in connection with any work, authority or jurisdiction delegated to
the City or VTA under this Funding Agreement. It is understood and agreed that
pursuant to Government Code 895.4, VTA shall fully defend, with counsel
acceptable to City which approval shall not unreasonably be withheld, indemnify,
and save harmless the City, its officers and employees, from all suits or actions of
every name, kind and description brought on for or on account of injury (as
defined in Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by VTA under or in connection with any work, authority or
jurisdiction delegated to VTA under this Funding Agreement or under or in
connection with the Fund Swap Agreement.
3. No alternation or variation or the terms or this Funding Agreement shall be valid
unless made in writing and signed by both of the Parties hereto and no oral
understanding or agreement not incorporated herein shall be binding on either of
the Parties hereto.
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4. This Funding Agreement shall be effective immediately upon signature of both
Parties hereto and shall terminate on December 31,2006, unless both Parties
agree, in writing, to an extension or earlier termination.
5. This Funding Agreement contains the entire understanding between the VTA and
the City. It supercedes any and all other agreements, which may have existed
between the Parties with regard to the subject matter herein. This Funding
Agreement may be modified only by written agreement signed by each party. This
Funding Agreement shall be binding upon the Parties, their legal representatives,
successors and assigns.
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Attest:} - I...)
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Rhonda Pellin, City Clerk
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Approved as to form:
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Linda Callon, City Attorney
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