89-117 Howard Electric Traffic signal installation Foothill & Cristo Rey & Starling, project #5001Cites of Cupertino
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
April 19, 1989
Mr. Ted Yates, President
Howard Electric, Inc.
640 Kings Row
San Jose, CA 95112
P.O. Box 580
Cupertino, California 95015
CONTRACT FOR PUBLIC WORKS - TRAFFIC SIGNAL INSTALLATION AT FOOTHILL AND
CRISTO REY/STARLING, PROTECT 5001
Dear Mr. Yates:
We are enclosing to you for your files one (1) copy of the Contract for
Public Work by and between the City of Cupertino and Howard Electric Inc.,
which has been fully executed by City Officials, along with one (1) copy
of Resolution No. 7775, which was enacted by the City Council of the City
of Cupertino, at their regular meeting of Monday, March 20, 1989.
S incerel►
DOR0=M CORNELIU �
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
RESOLUTION NO. 7775
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF COOPERATIVE AGzMM4T WITH THE COUNTY
OF SANTA CLARA FOR COST SHARING OF TRAFFIC SIGNAL INSTALLATION
AT FOOlHIILLj/CRISTO REY/STARLIING DRIVE
WHEREAS, the City of Cupertino and the Transportation Agency of the
County of Santa Clara contemplate installation of the traffic control
signal system and safety lighting at the intersection of Foothill
Boulevard and Cristo Rey/Starling Drive; and
WHEREAS, a Proposed agreement has been presented to the City Council
outlining the terms and conditions of administering said project, 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 2 0 t h day of March 1989, by the
following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Koppel, Plungy
NOES: None
ABSENT: Rogers
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ John J. Plungy, Jr.
City Clerk Mayor, City of Cupertino
CONTRACT FOR PUBLIC WORKS
This CONTRACT made on 5A 0 , 1989 by the CITY OF CUPERTINO,
a municipal corporation of the State of California, hereinafter called CITY,
and HOWARD ELECTRIC, INC., hereinafter called CONTRACTOR.
IT IS HEREBY AGREED by CITY and CONTRACTOR as follows:
1. THE CONTRACT DOCUMENTS. The complete contract consists of the following
contract documents:
a. Bid Documents (Notice to Contractors, Proposal, Time for Completion,
Estimated Quantities, Bidder Qualification Form, Sub -Contractors Form and
Signature Form), referred to as Exhibit A.
b. Standard Specifications, General Provisions and Special Provisions.
c. Plans and Specifications for TRAFFIC SIGNAL INSTALLATION on FOOTHILL
BOULEVARD at CRISTO REY DRIVE/STARLING DRIVE, PROJECT No. 5001.
d. Faithful Performance Bond and Materials Bond.
e. Insurance Certificates.
f. This Contract for Public Works.
Any and all obligations of CITY and CONTRACTOR are fully set forth and
described herein.
All of the above documents are intended to cooperate so that any work
called for in one and not mentioned in the other, or vice versa, is to be
executed the same as if mentioned in all of said documents. The documents
comprising the complete contract are sometimes hereinafter referred to as the
Contract Documents. In case of conflict between the Plans and the
Specifications on the one hand, and this Contract on the other, the Plans and
Specifications shall prevail.
2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment,
apparatus, facilities, labor, transportation and materials necessary to
perform and complete in a good and working order, the work of TRAFFIC SIGNAL
INSTALLATION on FOOTHILL BOULEVARD at CRISTO REY DRIVE/STARLING DRIVE, PROJECT
No. 5001, as called for, and in the manner designated in, and in strict
conformity with, the Plans and Specifications prepared by the Engineer and
adopted by CITY, which Plans and Specifications are entitled, respectively,
TRAFFIC SIGNAL INSTALLATION on FOOTHILL BOULEVARD at CRISTO REY DRIVE/STARLING
DRIVE, PROJECT No. 5001, and which Plans and Specifications are identified by
the signatures of the parties to this Contract. It is understood and agreed
that said tools, equipment, apparatus, facilities, labor, transportation and
materials shall be furnished, and that said work shall be performed and
completed as required in said Plans and Specifications under the sole
direction of CONTRACTOR, but subject to the inspection and approval of CITY,
or its representative. CITY hereby designates as its representative for the
purpose of this Contract the Engineer, Mr. Bert J. Viskovich.
Contract Page 1
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT No. 5001
3. CONTRACT PRICE. CITY agrees to pay, and the Contractor agrees to accept,
in full payment for the work above agreed to be done, the sum of SIXTY FOUR
THOUSAND, FOUR HUNDRED NINETY SEVEN DOLLARS($64,497.00), subject to additions
and/or deductions as provided in the Contract Documents, per Exhibit A
attached hereto.
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise
respecting the true value of the work done, or any work omitted, or of any
extra work which CONTRACTOR may be required to do, or respecting the size of
any payment to CONTRACTOR during the performance of this Contract, said
dispute shall be determined either by reference to the Unit Prices bid, if
applicable, or in accordance with agreement of prices, if applicable, of in
accordance with the agreement of the parties, or in accordance with the rules
of the American Arbitration Association if the parties are unable to agree.
5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all
expense for all necessary permits, licenses and easements for the construction
of the project, give all necessary notices, pay all fees required by law, and
comply with the laws, ordinances and regulations relating to the work and to
the preservation of the public health and safety.
6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper
facilities and provide safe access for inspection by CITY to all parts of the
work, and to the shops wherein the work is in preparation. Where the
Specifications require work to be specially tested or approved, it shall not
be tested or covered up without timely notice to CITY of its readiness for
inspection and without the approval thereof or consent thereto by CITY. Should
any such work be covered up without such notice, approval, or consent, it
must, if required by CITY, be uncovered for examination at the Contractor's
expense.
7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the
progress of the work require any alterations, deviations, additions or
omissions from the Plans or Specifications or the Contract Documents, CITY
shall have the right to do so, and the same shall in no way affect or make
void the Contract, but the cost or value thereof will be added to, or deducted
from, the amount of the Contract price, as the case may be, by a fair and
reasonable valuation, which shall be determined either by reference to the
Unit Prices bid, if applicable, the Standrad Specifications, or in accordance
with the agreement of the parties, or in accordance with the rules of the
American Arbitration Association if the parties are unable to agree. No extra
work shall be performed or change be made except by a written order from CITY,
duly authorized by resolution of the City Council, and by all agencies whose
approval is required by law, stating that the extra work or change is
authorized, and no claim for an addition to the Contract sum shall be valid
unless so ordered.
8. CHANGES TO MEET ENVIRONMEMTAL REQUIREMENTS. CITY shall have the right to
make changes in this Contract during the course of construction to bring the
completed improvements into compliance with environmental requirements or
standards established by State and Federal statutes and regulations after the
Contract has been awarded or entered into. CONTRACTOR shall be paid for such
changes either by reference to the Unit Prices bid, if applicable, or in
accordance with the agreement of the parties, or in accordance with the rules
of the American Arbitration Association if the parties are unable to agree.
Contract Page 2
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT No. 5001
9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be
terminated, amended or modified, with the mutual consent of the parties. The
compensation payable, if any, for such termination, amendment or modification,
shall be determined either by reference to the Unit Price bid, if applicable,
the Standard Specifications, or in accordance with the agreement of the
pantie, or in accordance with the rules of the American Arbitration
Association if the parties are unable to agree.
10. TIME FOR COMPLETION. All work under this Contract shall be completed in
accordance with the Time for Completion section in the proposal and the
Specifications of this project. If the Contractor shall be delayed in the work
by the acts or neglect of CITY, or its employees, or those under it by
contract or otherwise, or by changes ordered in the work, or by strikes,
lockouts by others, fire, unusual delay in transportation, unavoidable
casualties or any causes beyond CONTRACTOR'S control, or by delay authorized
by CITY, or by any cause which CITY shall determine justifies the delay, then
the time of completion shall be extended accordingly. This paragraph does not
exclude the recovery of damages for delay by either party under other
provisions in the Contract Documents.
11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a
sufficient time in advance of the manufacture, production or testing of
materials to be supplied under this Contract, in order that CITY may arrange
for mill, factory or laboratory inspection and testing of same.
12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a
bankrupt, or should make a general assignment for the benefit of creditors, or
if a receiver should be appointed on account of insolvency, or if CONTRACTOR
or any sub -contractor should violate any of the provisions of the Contract,
CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its
intention to terminate the Contract. Such notice shall contain the reasons for
CITY'S intention to terminate the Contract, and unless within ten(10) days
after serving of such notice, such violation shall cease and satisfactory
arrangements for corrections thereof be made, the Contract shall, upon the
expiration of said ten(10) days, cease and terminate. In the event of any such
termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S
surety and CONTRACTOR, and the surety shall have the right to take over and
perform the Contract; provided, however, that, if the surety within
fifteen(15) days after the serving upon it of notice of termination does not
give CITY written notice of its intention to take over and perform the
Contract, or does not commence performance thereof within thirty(30) days from
the date of the serving of such notice, CITY may take over the work and
prosecute the same to completion by contract, or by any other method it may
deem advisable, for the account and at the expense of CONTRACTOR, and
CONTRACTOR and CONTRACTOR'S surety shall be liable to CITY for any excess cost
occasioned by CITY thereby, and in such event CITY may, without liability for
so doing, take possession of, and utilize in completing the work, such
materials, appliances, plant and other property belonging to CONTRACTOR as may
be on the site of the work and necessary therefor.
Contract Page 3
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT No. 5001
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION
THEREOF. In addition to amounts which CITY may retain under other provisions
of the Specifications until final completion and acceptance of all work
covered by the Contract, CITY may withhold from payment to CONTRACTOR such an
amount or amounts as in its judgement may be necessary to pay just claims
against CONTRACTOR or sub -contractors for labor and services rendered and
materials furnished in and about the work. CITY may apply such withheld amount
or amounts to the payment of such claims in its discretion. In doing so, CITY
shall be deemed the agent of CONTRACTOR, and any payment so made by CITY shall
be considered as a payment made under the Contract by CITY to CONTRACTOR, and
CITY shall not be liable to CONTRACTOR for any payment made in good faith.
Such payment may be made without prior judicial determination of the claim or
claims. With respect to any retention of payment by CITY to ensure performance
of the Contract, CONTRACTOR will be entitled to substitute securities as
provided in Section 4590 of the California Government Code as more fully
described in CITY'S Notice to Contractors.
14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under
this Contract shall be in writing, and shall be dated and signed either by the
party giving such notice, or by a duly authorized representative of such
party. Any such notice shall not be effective for any purpose whatsoever
unless served in the following manner: (a) if the notice is given to CITY
either by personal delivery thereof to the Engineer of CITY, or by depositing
same in the United States mails, enclosed in a sealed envelope, addressed to
CITY, postage prepaid and certified; (b) if the notice is given to CONTRACTOR,
either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly
authorized representative at the site of the project, or by depositing same in
the United States mails, enclosed in a sealed envelope, addressed to
CONTRACTOR at HOWARD ELECTRIC, INC., 640 Kings Row, San Jose, CA 95112 postage
prepaid and certified; and (c) if notice is given to CONTRACTOR'S surety or
any other person, either by personal delivery thereof to CONTRACTOR'S surety
or other person, or by depositing same in the United States mails, enclosed in
a sealed envelope, addressed to CONTRACTOR'S surety or person, as the case may
be, at the address of CONTRACTOR'S surety or the address of the person last
communicated by such person to the party giving the notice, postage prepaid
and certified.
15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor
moneys due or to become due thereunder, shall be assigned by CONTRACTOR
without the prior written approval of CITY.
16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the
Specifications, any material or process is indicated or specified by patent or
proprietary name, or by name of manufacturer, such Specifications must be met
by CONTRACTOR, unless CITY agrees in writing to some other material, process
or article offered by CONTRACTOR which is equal in all respects to the one
specified. It shall be CONTRACTOR'S responsibility to prove equality of any
such material, process or article offered as a substitution to the one(s)
specified.
Contract Page 4
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT No. 5001
17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE.
CONTRACTOR shall take out and maintain during the life of this Contract
Worker's Compensation Insurance and Employer's Liability Insurance for all of
CONTRACTOR'S employees employed at the site of the project. In case any work
is sublet, CONTRACTOR shall require any and all sub -contractors similarly to
provide Worker's Compensation and Employer's Liability Insurance for all of
the latter's employees unless such employees are covered by the protection
afforded by CONTRACTOR. In signing this Contract CONTRACTOR makes the
following certification, required by Section 1861 of the Labor Code: "I am
aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for worker's compensation or to
undertake self insurance in accordance with the provisions of the Labor Code,
and I will comply with such provisions before commencing the performance of
the work of this Contract."
18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the
protection of persons (including employees) and property. The safety
provisions of applicable laws, building codes and construction codes shall be
observed. Machinery, equipment and other hazards shall be guarded or
eliminated in accordance with the safety provisions of the Construction and
Safety Orders issued by the Industrial Accident Commission of the State of
California.
19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be
responsible for the cost of repairing or restoring damage to the work caused
by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a
seperate bid item, obtain the insurance to indemnify CITY for any damage to
the work caused by Acts of God. "Acts of God" shall include only the following
occurances or conditions and effects: earthquakes and tidal waves, when such
occurances or conditions and effects have been proclaimed a disaster or state
of emergency by the President of the United States or by the Governor of the
State of California, or were of a magnitude at the site of the work sufficient
to have caused a proclamation of disaster or state of emergency having occured
in a populated area. Subject to the foregoing, CITY shall not, in any way or
manner, be answerable or suffer loss, damage, expense or liability for any
loss or damage that may happen to said building, work, or equipment or any
part thereof, or in, on, or about the same during its construction and before
acceptance.
20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first-
class quality of all work and of all materials, apparatus and equipment used
or installed by CONTRACTOR or by any sub -contractor or supplier in the project
which is the subject of this Contract, unless a lesser quality is expressly
authorized in the Plans and Specifications, in which event CONTRACTOR
unqualifiedly guarantees such lesser quality; and that the work as performed
by CONTRACTOR will conform with the Plans and SPecifications or any written
authorized deviations therefrom. In case of any defect in the work, materials,
apparatus or equipment, whether latent or patent, revealed to CITY within
one(1) year of the date of acceptance of completion of this Contract by CITY,
CONTRACTOR will forthwith remedy such defects without cost to CITY.
Contract Page 5
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT No. 5001
21. ADDITIONAL PROVISIONS. NOTWITHSTANDING CONTRACTOR'S PROPOSAL, CONTRACTOR
hereby agrees by signature hereon that the date for completion of this
Contract shall be June 30, 1989 and further agrees to the imposition of
liquidated damages from that date subject to the provisions for extension as
outlined in Section B, paragraph 4f of the General Provisions of the
Specifications.
IN WITNESS WHEREOF, the parties have executed this Contract, in
duplicate, the day and year first hereinabove written.
CITY OF CUPERTINO
By Q4 -
yor
CORPORATE ACKNOWLEDGMENT
FTATE OF CAIAFORNIA
County of...... ........Santa Clara
....................................................
HOWARD ELECTRIC, INC.
By: Id A—,t—
Ted Y e , President
On this ...............30th.................. .................. day of ......... March in the year............1989............................................ before me, a Notary Public in and for said
Santa Clara
............................................................................................................................................................. County, State of California, residing therein, duly commissioned and sworn, personally
appeared ,..,.Ted Yates ....... [In personally known to me, ❑ proved to me on the basis of satisfactory
...........................................................................................................................................
evidence to be the person who executed the within instrument as.................Pies. dent...,,..•••,..,,,,..,.......,,,,,,,••,.,,,....•...,,,,..,,,,..,•,,,.................................................................... on behalf of the
............... Howard.... Ele.c.tr.ic..,......Inc................................................................................................................................................................................................................................................ ...................... .
the corporation which executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
�••' SHERYL ANN SMALL ..................... ................. ............... .v.......................... ............
NOTARY PUBLIC-CALIFORNIA Notary Public
SANTA CLARA COUNTY
x . My commission expiresApXil a1l..-.1.9.9D .............................................
My Commission Expires April 23,1990
360750-7-83
rurcnase uraer Number:
Contract Page 6
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
August 2, 1989
Board of Supervisors
Santa Clara County
70 West Hedding Street
San Jose, CA 95110
P.O. Box 580
Cupertino, California 95015
AGREEMENT - SHARING OF SIGNAL INSTALLATION AT FOOTHILL/CRISTO REY/STARLING
We are enclosing as requested the enclosed document of the Agreement by and
between the City of Cupertino and Transportation Agency of Santa Clara County,
which has been fully executed by City Officials. We have alson enclosed one
(1) certified copy of Resolution No. 7775, which was enacted by the City Council
of the City of Cupertino at their regular meeting of March 20, 1989.
Sincerely,
.B
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
r/
AGREEMENT
THIS AGREEMENT, ENTERED INTO ON JUN 2 1 A969
AND
1989, IS BETWEEN
CITY OF CUPERTINO, a body
politic and a municipal
corporation of the State of
California, referred to herein
as "CUPERTINO".
TRANSPORTATION
COUNTY OF
referred to
"COUNTY".
RECITALS
AGENCY OF THE
SANTA CLARA,
herein as
(1) CUPERTINO and COUNTY contemplate construction of the
traffic control signal system and safety lighting at the
intersection of FOOTHILL BOULEVARD, CRISTO REY DRIVE and STARLING
DRIVE, referred to herein as "PROJECT", and desire to specify the
terms and conditions under which such systems are to be
installed, financed and maintained.
(2) A developer will bear fifty percent(50%) of the expense
of preparation of plans and specifications, construction
engineering, construction costs and necessary traffic signal
equipment purchase required to complete the PROJECT. CUPERTINO
and COUNTY will share the portion of expense not paid by the
developer.
SECTION I
CUPERTINO AGREES:
(1) To provide advertisement, bid opening, award of the
contract, contract administration and all necessary construction
engineering services for the PROJECT.
(2) Prior to advertisement for construction of PROJECT, to
submit said plans and specifications to COUNTY for review and
concurrence as to conformity to COUNTY'S standards and/or
existing facilities.
Page 1 of 4
(3) To construct the PROJECT by contract in accordance with
the plans and specifications of CUPERTINO.
(4) To pay an amount equal to twenty-five percent (25%) of
the portion of the expense of preparation of plans and
specifications, construction engineering, construction costs and
necessary traffic signal equipment purchase required to complete
the PROJECT that is not paid by the developer. In no event shall
CUPERTINO'S total obligation for construction costs and necessary
traffic signal equipment purchase under this Agreement exceed the
amount of fifteen thousand dollars($15,000.00), provided that
CUPERTINO may, at its sole discretion, in writing, authorize a
greater amount.
(5) To operate and maintain said PROJECT upon completion.
COUNTY shall reimburse CUPERTINO for COUNTY'S proportionate share
of the cost of maintenance and operation of the traffic control
signal system and safety lighting. The proportionate share of
maintenance costs will be determined in the same ratio as the
number of approaches to the intersection under such jurisdiction
bears to the total number of approaches of said intersection.
SECTION II
COUNTY AGREES•
(1) To pay CUPERTINO within thirty(30) days of receipt of
billing therefor(which billing will be forwarded after July 2,
1990) an amount equal to twenty-five percent(25%) of the final
construction costs not paid by the developer or fifteen thousand
dollars ($15,000.00), whichever is less. An example of the
schedule is shown below as Exhibit A and incorporated herein by
this reference. In no event shall COUNTY'S total obligation for
said costs under this Agreement exceed the amount of fifteen
thousand dollars ($15,000.00); provided that COUNTY may, at its
sole discretion, in writing, authorize a greater amount.
(2) CUPERTINO shall operate and maintain said PROJECT upon
completion. COUNTY shall reimburse CUPERTINO twenty-five percent
(25%) of the cost of maintenance and operation of the traffic
control signal system and safety lighting. In the event that the
unincorporated area within the limits of this PROJECT is annexed
by CUPERTINO, COUNTY'S share of maintenance and operational
resposibilities shall cease.
Page 2 of 4
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) Neither CUPERTINO nor any officer or employee thereof
shall be responsible for any damage or liability occuring 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 agreed that, pursuant
to Government Code Section 895.4, COUNTY shall fully indemnify
and hold CUPERTINO harmless from any liability imposed for injury
(as defined by Government Code Section 810.8) occuring 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.
(2) Neither COUNTY nor any officer or employee thereof shall
be responsible for any damage or liability occuring by reason of
anything done or omitted to be done by CUPERTINO under or in
connection with any work, authority or jurisdiction not delegated
to COUNTY under this Agreement. It is also agreed that, pursuant
to Government Code Section 895.4, CUPERTINO shall fully indemnify
and hold COUNTY harmless from any liability imposed for injury
(as defined by Government Code Section 810.8) occuring by reason
of anything done or omitted to be done by CUPERTINO under or in
connection with any work, authority or jurisdiction not delegated
to COUNTY under this Agreement.
(3) Should any portion of the PROJECT be financed with
Federal funds or State gas tax funds all applicable procedures
and policies relating to the use of such funds shall apply
notwithstanding other provisions of this Agreement.
(4) After opening bids for the PROJECT and if bids indicate
a cost overrun of no more than ten percent(10%) of the estimated
cost ($109,000.00), CUPERTINO may award the contract.
(5) If, upon opening of bids, it is found that a cost
overrun exceeding ten percent(10%) of the estimate will occur,
CUPERTINO and COUNTY shall endeavor to agree upon an alternate
course of action, such as proportional increases in the financing
by each party. CUPERTINO shall not be obligated to award the
contract unless such agreement is reached. Notwithstanding any
such overrun, CUPERTINO may award the contract, without consent
of COUNTY, if CUPERTINO agrees to assume financial responsibility
for the cost overrun.
(6) In the construction of said work, CUPERTINO will
furnish a representative to perform the usual functions of a
Resident Engineer. COUNTY may, at no cost to CUPERTINO, furnish a
representative, if they so desire. Said representative and
Resident Engineer will cooperate and consult with each other, but
the orders of CUPERTINO'S engineer shall be final.
Page 3 of 4
(7) CUPERTINO shall require any contractor awarded a
contract for any portion of said PROJECT to secure and maintain,
in full force and effect at all times during construction of said
PROJECT and until said PROJECT is accepted by CUPERTINO, public
liability and property damage insurance, in forms and limits of
liability satisfactory and acceptable to CUPERTINO, naming
CUPERTINO and COUNTY and their respective officers, agents, and
employees as insureds, from and against any and all claims, loss
liability, cost or expense arising out of or in any way connected
with construction of said PROJECT and to indemnify and hold
harmless those entities and individuals from all such
liabilities.
(8) COUNTY hereby grants to CUPERTINO and its agents and
contractors all necessary authority to perform within the
boundaries of COUNTY any and all work required to perform the
terms of this Agreement, and agrees to provide such documentation
as may be required by COUNTY to confirm such authority.
(9) This Agreement shall terminate on June 30, 1990, if
CUPERTINO has not awarded the contract for construction of the
PROJECT prior to that date. This Agreement shall terminate upon
reciept of COUNTY'S reimbursement as specified in Section II.
CITY OF CUPERTINO
By:
Yor i
d
Attest:
City blerk
17
COUNTY OF SANTA CLARA
Boa d o Supervi ors
tsAttest:
Clerk of he Board
of Supervisors DONALD M. FWNS
APPROVED AS TO FO1T. AND APPROVED AS TO FORM AND
LEGALITY* LEGALITY:
ity Attorney Deputy"County Counsel
EXHIBIT A
(EXAMPLE OF PAYMENT SCHEDULE)
CUPERTINO bid opening date March 16, 1989
CUPERTINO award of Contract for Project March 20, 1989
CUPERTINO'S bill to COUNTY July 2, 1990
COUNTY'S repayment (due within 30 days) August 1, 1990
Page 4 of 4