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91-025 Resurfacing of Miller Ave., Calle De Barcelona, Phil Lane 91-025 RESURFACING OF MILLER AVE. , CALLE DE BARCELONA, PHIL LANE citm of Cupertino 10300 Torre Avenue P.O.Box 580 j Cupertino,California 95014 Cupertino,California 95015 'relephone: (406) 252-4505 DEPARTMENT OF THE CITY CLERK August 8, 1991 Jeanne Stringfellow, Deputy Clerk County of Santa Clara California Office of the Board of Supervisors County Gove ment Center, Fast Wing 70 Writ Hedding Street San Joea, CA 95110 ALA BE11MM THE CITY C p CUPERTIM AND THE CL7UNM OF SANTA CgARA FOR RESiWWM AND PAVE KWr REPAIR OF MASER AVENUE F%U+I 100 FEET lei OF CA LE DE BARCUM TO PHIL LANE Lear Ms. Stringfellow: We are enclosing to you one (1) copy of the Agreement by and between the City of Cupertino and the County of Santa Clara for the Resurfacing and Pavement Repai..: of Miller from 100' North of Calle De Barcelona to Phil Lane, which has been fully executed by City Officials,, along with one (1) certified copy of Resolution No. 8458, %duch was enacted by the City Council of the City of CtIpertino, at their regular meeting of Monday, July 29, 1991. Thank you for your cooperation. Sincerely, Dom' CC1WUaW CITY CUM CITY CF CLTERM40 DC/00 encl. cc: Depart[mat o`. dublic Works FEMILDTICN NO. 5458 A RF,SOLLMCN OF THE CI'.n Cdt}NCIL cF THE CITY OF CUPERnm AUTHORIZING EX6CUTICN OF "AGREEXENT BF-wl""T-W THE CITY OF CUPERVINO AMID THE Q7LWY Off' SXYZAP C TMA FOR THE RESURFACING AND PAVEME7I' REPAIR OF MIIJ.Fk F?®M 100 Fr. NORTH OF CALTE DE BAR E[0'NA TO PHM LANE" WHEREAS, Miller Avenue fran 100 ft. north of Calle De Barcelona to Phil Lane, lies within the jurisdicticn of the County of Santa Clara; and WHEREAS, the City of Cupertino, as part of its annual street maintenance program, will be resurfacing Miller Avenue within its awn jurisdiction; and wHmEAS, the City and the County desire to have the aforementioned County's portion of Miller Avenue repaired and resurfaced in an ordexly manner by including it in the City's maintenance contract; and WHEREAS, there has been presented to the City Council a cooperative aunt between the County of Santa Clara and the City of Cupertino for the pavement rear of the County's Dortion of Miller Avenue and providing for the reimbursement of cost by the County to the City; and. WHEREAS, the provisions, terms, and conditions of the cooperative agreement have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, TEEREFwE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves the aforementioned aft and authorizes the mayor and the,. City Clerk to etecute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTS - at a regular meeting of the City Council of the City of Cupertino this Zyth day of Juiy 1991, by the followinq vote: Vote Members of the City Council AYES: Rogers, Sorensen, Koppel NOES: None ABSENT: Goldman, Szabo TA39TAIN: None t ° 6459 • s KO e !s/ Barb sty of tE,4� V Isl jus BOTOthY COrae, Ci�F �l�k AGREDOU BETW M� 7T E C rY OF CUPERTINO AND '= COUMY OF SANTA CLARA FOR I IE P0;URFACING AND pAVEInTT REPAIR OF MILLER JTa4 1001 N0R34i OF CAFE DE BARCEIDNA TO EHIL IA.NE Thi-s AGREEMENT, made and entered into the date of J U L 2 1991 , 1991, by and between the CITY OF (U=INO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and' the COUNTY OF SANTA CLARA, a political subdivision of the State of California, hereinafter to as "CX)LTf Y". WHEREAS, in Fiscal Year 1990-1991, CTTY plans to award a contract to resu-lace certain public streets with asphalt concrete, together with all work necessary to complete the resurfacing, which improvements shall be hereinafter referred,to as "City Contract"; ari WHEREAS, Miller Avenue from I.00' North of Calle de Barcelona to Phil Lane in the COUNTY needs to be repaired and resurfaced; and WHEREAS, this portion of Miller Avenue lie within the jurisdictional limits of COUNTY; and WH MEAS, for the best interest of the public, CITY AND COUNTY desire to have said portion of Miller Avenue repaired and resurfaced in an orderly economic-.al manner by including this COUNTY portion of Miller Avenue in the City Contract. NOW THEREFORE, for and in consideration of their mutual promises and _ agreement, and subject to the term, conditions, and provisions hereirti-fter set forth, the parties hereto do hereby agree as follows: 1. SCOPE OF WORK: The scope of work shall consist of the repairing and resurfacing of Miller Avenue between 1001 North of Calle de Barcelona and Phil Lane. f - 2. PLANS, SPF.CI F"IONTIONS AND FS PI i�TFS: CI'1 Y shall prepare,, or c:t, to be prepared, plans, specifications and estimates for PROJECT and shall submit said plans, specifications and estimates to CzDLWY for COT-WrVs approval.. 3. AWARD OF CONTRACT FND 001-49 2UCPION: ifie construction work shall be performed by contract a4rarded and administered by CITY pursuant to the laws governing CITY. 4. COS1' SH_ARTNG OF PROTECT: The PPCOECT is proposed to be funded by CITY and COLiITY. Each party's share shall be prorated on the construction cost of the resurfacing improvements and repair within the respective party's jurisdictional boundaries. COUNTY's share of the PROJECT cost has been estimated to be $32,000.00, including administrative costs determined to be fifteen percent (15%) of the construction cosh in the County jurisdiction. Said adrtinist_ative costs shall include preparation of plans and specifications, bidding, contract administration, inspection and incidental exT-�enses of t-ds PROIF,C'I'. 5. PAYME17T OF PROJECT C()Si': CITY shall send COUNTY a statement of costs within (30) days of completion of construction contract for PROJECT. ODUN Y agrees to pay CI'T'Y within thirty (30) days of issuance of said statement. a. Upon completion of PR=r, CITY shall determine the actual cost and advise COUNTY of COUNTY's share of said cost based on the actual items of work at the respective contract unit costs constructed i-i COUNTY's jurisdictional boundaries. b. COLWrY's final cost of" PROJECT shall be determined within thirty (30) days after completion and acceptance of PROJECT by CITY. 6. MAINITNANCF: AND OPERATION: The sharing of cost for maintenance and operation of the resurfaced pavement sivAl be as determined for the s^ maintenance and operation of the pavement on Miller Avenue between 100' North of Calle de Barcelona and Phil Lane. 7. MUMU INDFMAIIFICArION: Hold Harmless: It is mutually understood and agrzred: a. That neither COUNTY, 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. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold CGU:,J`1'Y harmless from any liability imposed for innury (as defined by Government Code Section 810.8) occurring by reason of anything done o1 omitted to be done by CITY under this Agreenxmt timer or in connection with any work, authority or rt jurisdiction delegated to CITY under this Agreement. b. That neither 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 COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall indemnify and hold CI`1'Y 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 CyfuNTY under this agreement. C. City shall require any contractor awarded a contrast for any portion of said PROJECT to secure and maintain in full force and effect at all times during construction of said PRQTDCT and until said PRO= is accepted by CITY, public liability and property damage insurance in forms and limits of liability and satisfactory and acceptable to both CaZ4 'Y and CITY, nami.,-sg COLiM and CITY and their respective officer . (�cployees as- insureds, from and against any claims, loss liability, cost or expense arising out of or in any way connected with the construction of said PROJBCT. The aforementioned policy shall contain a provision teat the insurance afforded thereby to CITv and COLWIY and their respective officexs and employees shall be primary ,insuranc:e to the full limits of liability of the policy, and that if CITY or COUNTY, or their respective officers and employees, have other insurance against a loss covered by such policy, such other insurance shall be excess insurance only. IN PTITNFSS WHEREOF, the parties hereto have executed this Agreement the day and year fist hereinabove set forth. AZ COUNTY OF SANTti (.a- =. a Political. subdivision of tha State of Cal. ornia, Clerk, Board of Supervisors D©NALD M. RAINS By APPROVED AS TO FORM AND LBMLEI'Y: irperson,- 13oaril- f Supervisors Diaane McKenna "County" Deputy County Co el AT-TEST; City of Cupertino, a minicipal / corporation of the State of California, /r h ' Ci Clerk ` ✓ APPROVED AS Za FORM: By f a z/'w- City Attorney Cupertino "City" WPRKIO I—A-4 ­2 PORTAL PJRK f CUPERTINO I stiopp , oio J CENT I B Lv 0 ;tEvEr+S CREEK Fl, s HOPPIG 31 CENTER Plolo t.00 4, C 44 L—A, Ara -L El 'b SITEWILSON C u p R 1 INO ic $. ^ 0 PARK.-Z.1 , � a HIGH SCHOOL 1�, 6 a' k L > L a OLDER SCHOOLl c=o ....... ..... % F-4­1 Ln -Ly .10,59 0 HYDE UNIOR tit a ti 0 it j O � t LOCATION MAP COUNTY OF SANTA CLARA CALIFORNIA OFFICE OF THE HOARD OF SUPERVISORS Ha-lr"LS OF THE BOARD County Goverment Center, East Wing Michael F- Pionda, District PUBLIC WORKS 70 West Hedding Street Zoe Lofgren, District 2 San Jose, California 95UO Ron Gonzales, District 3JUL 1 5 1991 (408) 299-4321 Rod Diridon, District 4 Dianne Md(enna, District 5 July 10, 1991 Mr. Bert J . Viskovich, Department of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Mr. Viskovich: SUBJECT : AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE COUNTY OF SANTA CLARA FOR THE RESURFACING AND PAVEMENT REPAIR OF MILLER AVENUE FROM 100 FEET NORTH OF CALLE DE BARCELONA TO PHIL LANE Enclosed you will find two originals of the subject Agreement between the County of Santa Clara and the City of Cupertino. The Board of Supervisors , at its regularly scheduled meeting on July 2 , 1991, authorized the execution or this Agreement on behalf of the County . After execution of all copies, we would appreciate your returning the pink tagged originals to this office. Retain the remaining copy or copies for. your distribution or files. Very truly yours , BOARD OF SUPERVISORS DONA!D M. RAINS, CLERK I/ Jeanne String.fe low Deputy Clerk DMR : js cc : Transportation Agency , Roads Operations i Enclosures