85-051 County of Santa Clara - Resurfacing Phil Ave Reso 6686AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE
COUNTY OF SANTA CLARA FOR THE RESURFACING OF
PHIL LANE BETWEEN FINCH AVENUE AND TANTAU AVENUE
AND TANTAU AVENUE BETWEEN PHIL LANE AND SHADYGROVE DRIVE
THIS AGREEMENT, made and entered into on the 10 day of Dece-inbei; 1985,
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, in Fiscal Year 1985-86, 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 Contract"; and
WHEREAS, Phil Lane between Finch Avenue and Tantau Avenue and Tantau
Avenue between Phil Lane and Shadygrove Drive in the CITY need to be
resurfaced; and
WHEREAS, certain portions of Phil Lane between Finch Avenue and Tantau
Avenue and Tantau Avenue between Phil Lane and Shadygrove Drive 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 Phil Lane and Tantau Avenue resurfaced in an orderly
and economical manner by including both CITY and COUNTY portions in the City
Contract;
NOW, TIi=ORE, 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:
1. SCOPE OF WORK: The scope of the work shall consist of the
resurfacing of Phil Lane between Finch Avenue and Tantau Avenue and Tantau
Avenue between Phil Lane and Shadygrove Drive.
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 within the respective party's
jurisdictional boundaries. CITY's share of the PROJECT cost has been
estimated to be $800,000. COUNTY's share of the PROJECT cost has been
estimated to be $15,000, including administrative costs determined to be
fifteen percent (15%) of the construction costs. Said administrative costs
shall include preparation of plans and specifications, bidding, contract
administration, inspection and incidental expenses of this PROJECT.
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5. PAYMENT OF PROJECT COST: CITY shall send COUNTY a statement of
costs within thirty (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.
6. MAINTENANCE AND OPERATION: The sharing of cost of maintenance and
operation of the resurfaced pavement shall be as determined for the
maintenance and operation of the pavement on Phil bane between Finch Avenue
and Tantau Avenue and Tantau Avenue between Phil bane and Shadygrove Drive.
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 reasons 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
-3-
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) occuring 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
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, 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 officers and 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.
-4-
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 WHEREOF, the parties hereto have executed this Agreement the
day and year first hereinabove set forth.
ATTEST:
D M. RAINS,
Cl k the Board fS er isors
APPROVED AS TO FORM AND LEGALITY:
'Z
O
Deputy County Counsel
ATTES .
Ci y Clerk
APPRO OASOi.ty AttCupertino
COUNTY OF SANTA CLARA, a political
subdivision of the State of
California
By
airpperson, oar o Supervisors
Rod DiPidon
"County"
CITY OF CUPERTINO, a municipal
corpora on of,t 'State of
Cali orn a
By
�a or
-5-
"City"
RESOLUTION NO. 6686
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGRM= WITH THE COUNTY OF SANTA CLARA
FOR THE RESURFACING OF PHIL LANE BE 4EEN FINCH AVENUE AND
TANTAU AVENUE, AND TANTAU AVENUE HMWEa1 PHIL LANE AND
SHADYGROVE AVENUE
WHEREAS, there has been presented to the City Council a proposed
cooperative agreement providing for the resurfacing of Phil Lane between
Finch Avenue and Tantau Avenue, and Tantau Avenue between Phil Lane and
Shadygrove Drive, which streets lie within the jurisdiction of both the
County of Santa Clara and the City of Cupertino; and
WHEREAS, the terns and conditions of the cooperative project as
outlined in the proposed agreement have been approved by the City Attorney
and the Director of Public Works.
NOW, Tf-REFIORE, BE IT RESOLVED that the Mayor and the City Clerk are
hereby authorized to execute the aforementioned agreement in behalf of the
City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City Of Cupertino this 15th day of October 1985 by the
following vote:
Vote
Members
of the
City Council
AYES:
Gatto,
Plungy,
Rogers, Sparks, Johnson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/Dorot
City Clerk
THIS IS TO CERTIFY
INSTRUMENT IS ATRUE AND CORRECT COPY
OF THE ORIGINAL ON FILE IN THIS OFFICE.
ATTEST____.._..�._l I �S
CITY CLER OF HE CITY OF CUP • , 11`40 n
Ii3Y
CITY OtERK
APPROVED:
Cornelius /s/Phil Johnson
Mayor, City of Cupertino