88-033 County of Santa Clara, Resurfacing of Finch Ave Between Calle De Barcellona and Phil Ln and Pavement Repair of finch Ave and Miller Ave, Cooperative Agreement, Resolution No. 747310300 Torre Avenue
CUpertino, california 95014
Telephone: (406) 252·4505
DEPARTMENT OFTHE CllYCLERK
April 29, 1988
Micky rutz
COunty of santa Clara
Public Works Deparbllent
(Hard::larried)
Citlf of CUpe't'ti11o
P.O. Box 560
Cupertino, California 95015
.l\GREEMENl' -RESURFACING OF FINCli AVENUE BE'IWEEN ClIU.E DE ~ AND
mIL IANE AND PAVEMENl' REPAIR OF FINCli AVENUE AND MIILER AVENUE
Enclosed are three copies of the subject agreement between the county of
santa Clara am the City of CJpertino. All copies have been signed by
City staff. Please return one copy to us after it has been fully executed
by county officials.
Sincerely,
,i '"
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:
RESODDTION NO. 7473
A RESODDTION OF THE CITY CUJNCIL OF THE CITY OF aJPERI'INO
AIJlRORIZING AGREEMENT BIi!IWEEN THE CITY OF aJPERI'INO AND THE
cnJNI':l OF SANrA CfA'.RA FOR THE RESURFACING OF FlNCH AVENUE
BIi!IWEEN CAI..!E DE l3I\RCEI!lNA AND mIL IANE AND PAVEMENT
REPAIR OF FlNCH AVENUE AND MILLER AVENUE
WHEREAS, the city of CUpertino is un:iert:ak:i.n: a street resurfacing
prpject f= certain public streets, ani
WHEREAS, the county of Santa Clara would like to .include portions of
Finch Avenue and Miller Avenue which lie within the county's juri,sdiction
into the city's resurfacing project in the interest of the public and the
oJ:derly completion of the resurfacing of the streets: ani
WHEREAS, there has been presented to the city COUncil a proposed
cooperative agreement .between the City ani the county outlining the terms
and conditions un:ler which the project shall .be completed, and said
agreement. having been· approved by the Director of Public W=ks ani the
City Attorney;
NOO', 'l'HE:REFORE, BE IT RESOLVED that the city COUncil of the City of
CUpertino hereby approves the aforementioned cooperative agreement and
authorizes the May= and the City Clerk to execute the agreement in behalf
of the City of CUpertino.
PASSED AND ADOPI'ED at a regular meeting of the city COUncil of the
city of CUpertino this ..l.B.th.. day of Apr) J , 1988 by the following
vote;
4.·j "
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RESOIDI'ION NO. 7473
vote Members of the city Cotmail
AYES: Johnson, Koppel, Plungy, Rogers, Gatto
NOFS: None
lIBSENT: None
ABSTAIN: None
AI'.1:roVED:
151 John M. Gatto
Mayor I City of CUpertino
ATI'EST:
lsI Dorothy Cornelius
City Clerk
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE
COUNTY OF SANTA CLARA FOR THE RESURFACING OF
FINCH AVENUE BETWEEN CALLE DE BARCELONA AND PHIL LANE
AND PAVEMENT REPAIR OF FINCH AVENUE AND MILLER AVENUES
R&OiUVED
JUN 61988
THIS AGREEMENT, made and entered into on the ___ day oJMAY 1 7, 1988, by
and between the CITY OF CUPERTINO, 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 referred to as
"COUNTY".
WHEREAS, in Fiscal Year 1987-1988, CITY plans to award a contract to
resurface certain public streets with asphalt concrete, together with all work
necessary to complete the resurfacing, which improvements shall be hereinafter
referred to as "City Contraot"; and
WHEREAS, Finch Avenue between Calle de Baroelona and Phil Lane in the
COUNTY needs to be resurfaced; and Finch Avenue and Miller Avenues in the
COUNTY needs to be repaired; and
WHEREAS, these portions of Finch Avenue and Miller Avenue lie within the
jurisdictional limits of COUNTY; and
WHEREAS, for the best interest of the public, CITY and COUNTY desire to
have said portions of Finch Avenue and Miller Avenue resurfaced and repaired in
an orderly and economical manner by including these COUNTY portions of Finch
Avenue and Miller Avenue 1n the City Contract.
NOW THEREFORE, for and in consideration of their mutual promises and
agreements, and subject to the terms, conditions, and provisions hereinafter
set forth, the parties hereto do hereby agree as follows:
CONTRACTOR'S COpy
;
:
1. SCOPE OF WORK: The scope of the work shall consist of the resurfacing and
repair of Finch Avenue between Calle de Barcelona and Phil Lane and repair
of Miller Avenue between Calle de Barcelona and Phil Lane.
2. PLANS, SPECIFICATIONS AND ESTIMATES: CITY shall prepare, or cause to be
prepared, plans, specifications and estimates for PROJECT and shall submit
said plans, specifications and estimates to COUNTY for COUNTY's approval.
3. AWARD OF CONTRACT AND CONSTRUCTION: The construction work shall be
performed by contract awarded and administered by CITY pursuant to the laws
governing CITY.
4. COST SHARING OF PROJECT: The PROJECT is proposed to be funded by CITY and
COUNTY. 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 $40,000, including administrative costs determined to be
fifteen percent (15S) of the construction costs in the County
jurisdiction. Said administrative costs shall include preparation of plans
and specifications, bidding, contract administration, inspection and
incidental expenses of this PROJECT.
5. PAYMENT OF PROJECT COST: CITY shall send COUNTY a statement of costs
within (30) days of completion of construction contract for PROJECT.
COUNTY agrees to pay CITY within thirty (30) days of issuance of said
statement.
a. Upon completion of PROJECT, 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 in COUNTY's
jurisdictional boundaries.
b. COUNTY's final cost of PROJECT shall be determined within thirty (30)
days after completion and acceptance of PROJECT by CITY.
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6. MAINTENANCE AND OPERATION: The sharing of cost for maintenance and
operation of the resurfaced pavement shall be as determined for the
maintenance and operation of the pavement on Finch Avenue and Miller
Avenue between Calle de Barcelona and Phil Lane.
7. MUTUAL INDEMNIFICATION:
Hold Harmless: It is mutually understood and agreed:
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
COUNTY 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 CITY under this Agreement under or in connection
with any work, authority or 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 CITY
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 COUNTY under this Agreement.
c. City shall require any contractor awarded a contract for any portion
of said PROJECT to secure and maintain in full force and effect at all
.
.
,
.
A
. . times during construction of said PROJECT and until said PROJECT is
accepted by CITY, public liability and property damage insurance in
forms and limits of liability and satisfactory and acceptable to both
COUNTY and CITY, naming COUNTY and CITY and their respective officer
employees 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 PROJECT.
The aforementioned policy shall contain a provision that the insurance
afforded thereby to CITY and COUNTY and their respective officers and
employees shall be primary insurance 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 WITNESS ~~EREOF, the parties hereto have executed this Agreement the day
and year first hereinabove set forth.
of the
Clerk, Board of Supervisors poNAl.1J M. RAIN3
f Supervisors APPROVED AS TO FORM ~ LE~ALITY: ~k)t),C;~ 15ePU y County Counsel
"County"
WPRK10
City of CUpertino,
corporation of the
California,
a municipal
State of
BY __ ~-+~~~~_' __ +-____ ___
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