84-050 City of Sunnyvale - Homestead Rd Overlay Project (Reso 6309) and Phase II (Reso 6530)AGREEMENT BETWEEN THE CITY OF SUNNYVALE
AND THE CITY OF CUPERTINO FOR THE
HOMESTEAD ROAD OVERLAY PROJECT
THIS AGREEMENT, made and entered into this 2nd day of
April , 1984, by and between the City of Sunnyvale,
a Municipal Corporation of the State of California ("Sunnyvale"),
and the City of Cupertino, a Municipal Corporation of the State of
California ("Cupertino");
W I T N E S S E T H:
WHEREAS, the public interest requires the improvement of
Homestead Road at Sunnyvale's southern city limits, which improvement
consists of overlaying with asphalt pavement, restriping and
associated work required with asphalt pavement overlays, all of which
said improvements shall be hereinafter referred to as the "Homestead
Road Overlay Project"; and
WHEREAS, the aforementioned Homestead Road Overlay Project lies
on portions of Homestead Road located within Sunnyvale, Cupertino
and Los Altos and each of said parties has the responsibility for
the improvements within their respective city limits; and
WHEREAS, it is in the best interests of orderly and economic
construction practices to complete the Homestead Road Overlay Project
through joint action of Sunnyvale, Cupertino and Los Altos and under
a single construction contract awarded to and administered by
Sunnyvale;
NOW, THERFORE, for and in consideration of their mutual promises,
covenants and agreements hereinafter set forth, and subject to the
terms, provisions and conditions set forth below, the parties hereto
do hereby agree as follows:
1. Preparation of Plans and Specifications. Sunnyvale shall
prepare and submit to Cupertino for approval, plans and specifications
for the improvement of Homestead Road. Upon approval by Cupertino,
of the improvements outside of Sunnyvale and Los Altos, Sunnyvale
shall advertise the Homestead Road Overlay Project for bid and shall
award a contract to be supervised to completion by Sunnyvale.
2. Cupertino's Estimated Share of Cost. Cupertino shall pay
to Sunnyvale within thirty (30) days of the award of bid, One Hundred
- 1 -
Twelve Thousand Dollars ($112,000.00), which is the amount presently
estimated to be Cupertino's share of the portion of the project lying
outside the Sunnyvale limits. Cupertino shall pay the exact amount,
calculated upon completion of said project, representing Cupertino's
equitable share of the cost of said project. In no event, without
subsequent modification of this Agreement and mutual agreement of
the parties hereto, shall Cupertino's share of the cost of the
construction of the Homestead Road Overlay Project exceed the sum
of One Hundred Twenty -Five Thousand Dollars ($125,000.00).
As used in this Agreement, the term "construction cost" shall
mean the total of all costs incurred and expenditures made by Sunnyvale
for bid items as shown on Exhibit "A" attached hereto and incorporated
by reference herein, in connection with constructing said Homestead
Road Overlay Project.
3. Insurance. Sunnyvale shall require any contractor awarded
the contract for any portion of said Homestead Road Overlay Project
to secure and maintain in full force and effect at all times during
construction of said Homestead Road Overlay Project and until said
Homestead Road Overlay Project is accepted by Sunnyvale, a public
liability insurance policy or policies satisfactory and acceptable
to both Cupertino and Sunnyvale, insuring Cupertino and Sunnyvale
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 Homestead Road Overlay
Project.
The aforementioned policy shall contain a provision that the
insurance afforded thereby to Cupertino and Sunnyvale and their
respective officers and employees shall be primary insurance to the
full limits of liability of the policy and that if Cupertino or
Sunnyvale, or their respective officers and employees, have other
insurance against the loss covered by such policy, that such other
insurance shall be excess insurance only.
4. Termination. This Agreement shall terminate on August 30,
1984, if Sunnyvale has not awarded the contract for the construction
of the Homestead Road Overlay Project prior to that date, unless the
date of termination of this Agreement has been changed by an amendment
- 2 -
hereto. In the event of such a termination, Sunnyvale shall refund
to Cupertino all sums advanced under Paragraph 2 of this Agreement.
Witness the execution hereof the day and year above set forth.
ATTEST:
By r
xo
Deputy City Clerk
(SEAL)
ATTEST:
City Clerk
CITY OF ' SUNNYVALE
A Municipal Corporation
-Am
Ac ing Mayo
CITY OF CsTPERTINO-
A Municipal Corporation
By G
Mayor
APPROVED AS TO
City Att-drng(y -' Cupertino
- 3 -
1.
2.
3.
4.
5.
6.
7.
8.
HOMESTEAD ROAD OVERLAY PROJECT
ST -83-5
EXHIBIT A
Bid Item Estimated Quantity
Aggregate - Type A, 3/8" Maximum 1,364 Ton
Paving Asphalt - Grade AR 4000 87 Ton
4" Deep Pavement Patching 10,000 S.F.
Pavement Fabric 117,104 S.F.
Pavement Grinding 5,166 L.F.
Adjust Manhole Rim and Cover to Grade 28 EA.
Adjust Water Valve Can and Cover to Grade 32 EA.
Striping Lump Sum
- 4 -
RESOLUTION NO. 6309
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT WITH THE CITY
OF SUNNYVALE FOR OVERLAY OF HOMESTEAD ROAD
WHEREAS, there has been presented to the City Council a cooperative
agreement between the City of Cupertino and the City of Sunnyvale providing
for the overlay of Homestead Road; and
WHEREAS, said agreement contains the terms and conditions of undertaking
the project as a joint effort; 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 2nd day of April 1984, by the following
vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Rogers, Sparks, Plungy
NOES: None THIS IS TO CERTIFY THAT THE V-"THINI
INSTRUMENT IS ATRUE AND CORRECT CI•';",
ABSENT•• None OF THE ORIGIN L ON FILE IN THIS OF. ;E.
,
ABSTAIN: None ATTEaT
CITY CLERK T CITY OF C,UF i N 0
E3Y 4,
CITY CL-9PK
ATTEST: APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ John J. Plungy, Jr.
Mayor, City of Cupertino
AGREEMENT BETWEEN THE CITY OF SUNNYVALE
AND THE CITY OF CUPERTINO FOR THE
HOMESTEAD ROAD OVERLAY PROJECT - PHASE II
THIS AGREEMENT, made and entered into this �day of
1985, by and between the City of Sunnyvale,
a Mu-nicipal Corporation of the State of California ("Sunnyvale") ,
and the City of Cupertino, a Municipal Corporation of the State of
California ("Cupertino");
W I T N E S S E T H:
WHEREAS, the public interest requires the improvement of
Homestead Road at Sunnyvale's southern city limits, which improvement
consists of overlaying with asphalt pavement, restriping and
associated work required with asphalt pavement overlays, all of which
said improvements shall be hereinafter referred to as the "Homestead
Road Overlay Project -Phase II"; and
WHEREAS, the aforementioned Homestead Road Overlay Project -
Phase II lies on portions of Homestead Road located within Sunnyvale,
Cupertino and Santa Clara and each of said parties has the
responsibility for the improvements within their respective city
limits; and
WHEREAS, it is in the best interests of orderly and economic
construction practices to complete the Homestead Road Overlay Project -
Phase II through joint action of Sunnyvale, Cupertino and Santa Clara
and under a single construction contract awarded to and administered
by Sunnyvale; '
NOW, THEREFORE, for and in consideration of their mutual
promises, covenants and agreements hereinafter set forth, and subject
to the terms, provisions and conditions set forth below, the parties
hereto do hereby agree as follows:
1. Preparation of Plans and Specifications. Sunnyvale shall
prepare and submit to Cupertino for approval, plans and specifications
for the improvement of Homestead Road. Upon approval by Cupertino,.
of the improvements outside of Sunnyvale and Santa Clara, Sunnyvale
shall advertise the Homestead Road Overlay Project -Phase II for bid
and shall award a contract to be supervised to completion by Sunnyvale.
- 1 -
2. Cupertino's Estimated Share of Cost. Cupertino shall pay
to Sunnyvale within thirty (30) days of the award of bid, Sixty-
seven Thousand Dollars ($67,000.00), which is the amount presently
estimated to be Cupertino's share of the portion of the project lying
outside the Sunnyvale limits. Cupertino shall pay the exact amount,
calculated upon completion of said project, representing Cupertino's
equitable share of the cost of said project. In no event, without
subsequent modification of this Agreement and mutual agreement of
the parties hereto, shall Cupertino's share of the cost of the
construction of the Homestead Road Overlay Project -Phase II exceed
the sum of Seventy-five Thousand Dollars ($75,000.00).
As used in this Agreement, the term "construction cost" shall
mean the total of all costs incurred and expenditures made by Sunnyvale
for bid items as shown on Exhibit "A" attached hereto and incorporated
by reference herein, in connection with constructing said Homestead
Road Overlay Project -Phase II.
3. Insurance. Sunnyvale shall require any contractor awarded
the contract for any portion of said Homestead Road Overlay Project -
Phase II to secure and maintain in full force and effect at all times
during construction of said Homestead Road Overlay Project -Phase II
and until said Homestead Road Overlay Project -Phase II is accepted
by Sunnyvale, a public liability insurance policy or policies
satisfactory and acceptable to both Cupertino and Sunnyvale, insuring '
Cupertino and Sunnyvale 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 Homestead
Road Overlay Project -Phase II.
The aforementioned policy shall contain a provision that the
insurance
insurance afforded thereby to Cupertino and Sunnyvale and their
respective officers and employees shall be primary insurance to the
full limits of liability of the policy and that if Cupertino or
Sunnyvale, or their respective officers and employees, have other
insurance against the loss covered by such policy, that such other
insurance shall be excess insurance only.
4. Termination. This Agreement shall terminate on August 30,
1985, if Sunnyvale has not awarded the contract for the construction
- 2 -
of the Homestead Road Overlay Project -Phase II prior to that date,
unless the date of termination of this Agreement has been changed by
an amendment hereto. In the event of such a termination, Sunnyvale
shall refund to Cupertino all sums advanced under Paragraph 2 of
this Agreement.
Witness the execution hereof the day and year above set forth.
ATTEST:
By 2,
(SEAL)
ATTEST:
City Clerk
i ► /
Now wi
APPROVED AS TO FORM:
r
CUPERTINO, C TY ATTORNEY—
CITY OF CUPERTINO
A Municipal rporation
Mayor
CITY OF SUNNYVALE
A Municipal Corporation
Ma r
- 3 -
HOMESTEAD ROAD OVERLAY PROJECT - PHASE II
ST -84-9
EXHIBIT A
1. Aggregate - Type A, 3/8" Maximum
2. Paving Asphalt - Grade AR 4000
3. 4" Deep Pavement Patching
4. Pavement Fabric
5. Pavement Grinding - Longitudinal
6. Pavement Grinding - Transverse
7. Adjust Manhole Rim and Cover to Grade
8. Adjust Monument Cover Box to Grade
9. Striping
- 4 -
Estimated Quantity
1,046 Ton
67 Ton
80 Ton
125,272 S.F.
2,964 L.F.
448 L.F.
36 Each
1 Each
Lump Sum
RESOLUTION NO. 6530
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT WITH THE CITY OF
SUNNYVALE FOR OVERLAY OF HOMESTEAD ROAD - PHASE II
WHEREAS, there has been presented to the City Council a cooperative
agreement between the City of Cupertino and the City of Sunnyvale
providing for the overlay of Homestead Road Phase II; and
WHEREAS, said agreement contains the terms and conditions of
undertaking the project as a joint effort, 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 1st day of April, 1985 by the following vote:
Vote Members of the CiV Council
AYES: Gatto, Plungy, Sparks, Johnson
NOES: None
ABSENT: None
ABSTAIN: Rogers
ATTEST:
ls_/ norothy (:nrnPl i„s
City Clerk
APPROVED:
/s/ Phil N. Johnson
Mayor, City of Cupertino
THI5 IS TO CERTIFY TH',T Tw- �VITH!N
I;JSTPIUMENT IS
QF THE ORIGIP.IAL ❑N FI LIE DIN ❑RRECTCOPY
T"'S OFFICE.
ATTEST
CITY CLE OF
HE CITY OF CC TINp,'
BY
CITY RK