80-052 Co. of Santa Clara for improvements on Foothill Blvd. and Cupertino Rd Reso 5321RESOLUTION NO. 5321
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT BETWEEN
THE CITY OF CUPERTINO AND THE COUNTY OF SANTA CLARA FOR
IMPROVEMENT OF FOOTHILL BOULEVARD BETWEEN STEVENS CREEK
BOULEVARD AND CUPERTINO ROAD
WHEREAS, there has been presented to the City Council a cooperative
agreement between the City of Cupertino and the County of Santa Clara for
the improvement of Foothill Boulevard between Stevens Creek Boulevard and
Cupertino Road; and said agreement having been approved by the Director of
Public Works and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are
hereby authorized to execute the agreement herein referred to in behalf of
the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 16th day of June 1980 by the following
vote:
Vote Members of the City Council
AYES: Gatto, Plungy, Sparks, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ Barbara Rogers
City Clerk Mayor, City of Cupertino
N%may
." •. `� _
10300 Torre Avenue
Cupertino, California 95014
Telephone (408) 252-4505
June 23, 1980
Theodore A. Cicoletti, Project Manager
County of Santa Clara Transportation Agency
1555 Berger Drive
San Jose, CA 95112
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND COUNTY OF SANTA CLARA
IMPROVEMENT ON FOOTHILL BOULEVARD AND
CUPERTINO ROAD
We are forwarding to you three (3) copies of the Agreement between the
City of Cupertino and County of Santa Clara fully executed by City officials,
along with three (3) certified copies of Resolution No. 5321. After completion
by the County of Santa Clara, would you please return two (2) copies for our
files.
Thank you,
s �
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
so
encl.
County of Santa Clara
.�Cjty
StN0
01u�,
Office of the Board of Supervisors
County Government Center, East Wing
70 West Hedding Street
San Jose, California 95110
299-4321 Area Code 408
V
California =
� six District 1
�ECEIVEp Dominic L. Cortese, District 2
Dan Mc Corquodale, District 3
Rodney J. Diridon, District 4
Geraldine F. Steinberg, District 5
June 26, 1980
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Attention: Travis Whitten
Subject: Agreement with City of Cupertino
for improvement on Foothill Blvd.
between Stevens Creek Blvd, and
Cupertino Rd,
Enclosed you will find an original and one copies
of an agreement between the County of Santa Clara and
the parties named above. The Board of Supervisors at
its regularly scheduled meeting on June 23, 1980,
authorized execution of this agreement on behalf of the
County.
After execution of all copies, we would appreciate your
returning the pink tagged copy to this office.
Very truly yours,
BOARD OF SUPERVISORS
Donald M. Rains, Clerk
Deputy erk
DMR: sw
Encls.
S) An Equal Opportunity Employer
J
AGREEMENT BETWEEIN THE CITY OF CUPERTINO
AND THE COUNTY OF SAdTA CLARA FOR THE
IMPROVEMENT ON FOOTHILL BLVD. BETWEEN
STEVENS CREEK BLVD. AND CUPERTI*10 ROAD
of
THIS AGREEMENT, made and entered into this %+� $ 1980� day
1980, 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");
W I T N E S S E T H:
WHEREAS, the public interest requires the improvement on Foothill
Blvd. near Stevens Creek Blvd., these improvements are the widening of
the existing roadway to accommodate a shoulder and a path on Foothill
Blvd. between Stevens Creek Blvd. and Cupertino Road, shall be herein-
after referred to as the "Project"; and
WHEREAS, the County has the responsibility for the improvements
along a portion of Foothill Blvd. and City has responsibility for the
improvements at the Stevens Creek Blvd. -Foothill Blvd. intersection; and
WHEREAS, it is in the best interest of orderly and economic con-
struction practices to complete the project through joint action of
the City and County and under a single construction contract award
and administered by City.
NOW, THEREFORE, for and in consideration of their mutual promise
covenants and agreements hereinafter set forth, and subject to the
terms, provisions and conditions hereinafter set forth, the parties
hereto do hereby agree as follows:
1. Preparation of Plans and Specifications. City shall prepare
and submit to County for approval, plans and specifications
for the improvement of Foothill Blvd. between Stevens Creek
Blvd. and Cupertino Road. Upon approval by County, of the
improvements within the County limits, City shall advertise
the project for bid and shall award a contract to be supervised
to completion by City.
-2-
2. County's Estimated Share of Cost. County shall pay to City
Twenty Thousand Dollars ($20,000.00), which is the amount
presently estimated to be the Countv's share of the portion
of the project lying within County limits and agrees to deposit
Twenty Thousand Dollars ($20,000.00) with City upon demand,
which said demand will be made by City before the award of
the project by City. In no evert, without subsequent modi-
fication of this agreement and by mutual agreement of the
parties hereto, shall County's share of the cost of the
construction of the project exceed the sum of Thirty Thousand
Dollars ($30,000.00).
The County's actual costs will be determined upon completion
of the project by a final accounting.
This final accounting shall be the determination of the actual
cost of the work done within the County's limits.
If the actual cost is less than the money deposited, then
City shall refund the amount due.
If the actual cost is more than the deposit, then the County
shall pay the additional cost up to a maximum of Thirty
Thousand Dollars ($30,000,00).
As used in this agreement, the term "construction cost" shall
mean the total of all costs incurred and expenditures made
by City in connection with constructing said project, in-
cluding engineering costs and e-zpenses, costs and expenses of
preparing plans and specifications, costs and expenses for
inspection, publication, advertising and printing, cost of
the construction contract, cost of extra work and materials
in connection with such work authorized by County and City.
3. Right of Way. City shall acquire the right of way within
their jurisdiction.
County shall acquire the right of way within its jurisdiction.
-3-
4. Insurance. City shall require any contractor awarded a
contract for any portion of said protect to secure and
maintain in full force and effect at all time during con-
struction of said project and until said project is accented
by City, public liability insurance satisfactory and acceptable
to both City and County, insuring the City and County and
their respective officers and employees 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
the Citv or County, or their respective officers and employees,
have other insurance against a loss covered by such policy,
that other insurance shall be,excess insurance only.
4. Termination. This agreement shall terminate on June 30, 1981 f
if City has not awarded a contract for construction of the
project prior to that date, unless the date of termination
of this agreement has been changed by an amendment thereto.
In the event of such a termination, City shall refund to
County all sums advanced under paragraph 2 of this agreement.
-4-
S. Public Hearings and Environmental Statements_. City will
conduct public hearings and prepare environmental statements
that may be required by existing legislation.
WITNESS THE EXECUTION HEREOF the day and year first hereinabove
set forth.
APPROVED AS TO FORM:
kwA-
Sr. Ass't. City A torn y
ATTEST:
City Clerk
APPROVED AS TO FORM:
Ass't. County Counsel
ATT
Clerk, Board of Superviso s
CITY OF CUPERTINO, a municipal
Corporation
BY letG�/Q C/C
Mavor
"City'
COUNTY OF SANTA CLAP -A-, a political