81-058 City of Saratoga - Overlay a shared portion of Prospect Rd Reso 5737AGREEMENT BETWEEN THE CITY OF CUPERTINO
AND THE CITY OF SARATOGA FOR THE
OVERLAY OF A PORTION OF PROSPECT ROAD
THIS AGREEMENT, made and entered into this 7th day of October
1981, by and between the CITY OF CUPERTINO, a municipal corporation of the State
of California, hereinafter referred to as "CUPERTINO" and the CITY OF SARATOGA,
a municipal corporation of the State of California, hereinafter referred to as
"SARATOGA".
WITNESSETH:
WHEREAS, CUPERTINO plans to overlay a portion of Prospect Road together
with all work necessary to complete the overlay, all of which said improvements
shall be hereinafter referred to as "PROJECT"; and
WHEREAS, certain portions of Prospect Road lie within the jurisdiction of
Cupertino and Saratoga
WHEREAS, for the best interest of the public, CUPERTINO and SARATOGA desire
to have said portion of Prospect Road overlayed in an orderly and economical
manner as a joint cooperative project.
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE I
PROJECT ADMINISTRATION
1. The project will be performed by contract. CUPERTINO will prepare the
plans, specifications and project cost estimate and will award and administer
the contract pursuant to the laws governing CUPERTINO. CUPERTINO will make all
payments to contractor, and it will pay all other costs in connection with the
PROJECT.
ARTICLE II
FINANCE
1. The PROJECT is proposed to be financed by CUPERTINO and SARATOGA. Each
party's share of the PROJECT cost will be based on the construction cost of the
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overlay improvements within the party's jurisdiction.
2. SARATOGA'S estimated share of the PROJECT cost, is $5,500.00. SARATOGA
agress to deposit $5,500.00 with CITY. (See attached Exhibit A)
3. Upon completion of PROJECT, CUPERTINO shall determine the actual PROJECT
cost and advise SARATOGA of its share of said cost based on the actual items
of work construction in its area of improvement responsibility at the respective
contract prices.
Should SARATOGA'S final cost exceed the amount deposited with CUPERTINO,
SARATOGA shall pay CUPERTINO the additional amount within thirty (30) days after
billing by CITY.
Should SARATOGA'S final cost be less than the amount deposited with
CUPERTINO, CUPERTINO shall refund the excess amount within thirty (30) days of
final accounting by CUPERTINO.
ARTICLE III
HOLD HARMLESS/INSURANCE
a) Hold Harmless Provision
CUPERTINO shall include a hold harmless provision in the contract which
shall read substantially as follows:
"Contractor hereby releases and agrees to protect defend, hold harmless
and indemnify the Public Entities from and against all claims, injury, liability,
loss, cost and expense, or damage, however same may be caused including all costs
and reasonable attorney's fees in providing the defense to any claim arising
therefrom, for any loss of or damage to property (real and/or personal) and for
personal injury to or death of any person or persons arising out of, occurring
by reason of, or in any way connected with the prosecution of the work by the
Contractor or subcontractor under the Contract, or in consequence thereof,
regardless of any negligence or alleged negligence on the part of any Public
Entity employee to the extent that such is not in conflict with Civil Code Section
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2782."
b) Insurance
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 holding the designated
parties harmless.
The aforementioned insurance shall contain a provision that the insurance
afforded thereby to CUPERTINO and SARATOGA and their respective governing bodies,
officers and employees shall be primary insurance to the full limits of liability
of the policy, and if CUPERTINO and/or SARATOGA have other insurance coverage,
that other insurance shall be excess insurance only.
ARTICLE IV
AMENDMENTS
No amendment to this Agreement shall be valid unless made in writing and
signed by the parties hereto.
ARTICLE V
RECORDS AND ACCOUNTS
CUPERTINO shall keep, maintain and render available for inspection by
SARATOGA or its authorized representatives, records and books which will provide
a complete and accurate account of all costs, fees and expenditures made by
CUPERTINO on said PROJECT.
ARTICLE VI
TERMINATION
If CUPERTINO has not awarded a contract for said PROJECT by
this Agreement shall be null and void, unless an extension of time is
mutually agreed to in writing.
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EXHIBIT A
CITY OF SARATOGA
1. 11,190 S.F. = 143 Tons x $30
2. Raise 2 Manhole x $150
3. Raise 2 Water Valve Box $100
4. 100 L.F. of Paint
5. Wedge Cut 130 L.F. x $0.75
143 Tons AC x $30 = $4,290.00
11,190 S.F. Fog Seal x 0.01 = 111.90
2 - :Manholes - raised x $150 = 300.00
2 - Water Valve Box raised x $100 = 200.00
Wedge Cut 130 L.F. x $0.75 = 97.50
Paint $
$4,999.40
+ 10% contingency $5,499.34
Say $5,500.00
IN WITNESS WHEREOF, the parties hereto have executed the Agreement the
day and year first above written.
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
APP RQV� AS T FORM:
i
City Alfforney
ATTEST:
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CITY OF CUPERTINO
By:
lvc
'U//Mayor
CITY OF SARATOGA
By
Mayor
City
Clerk
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CITY OF CUPERTINO
By:
lvc
'U//Mayor
CITY OF SARATOGA
By
Mayor
RESOLUTION NO. 5737
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT WITH CITY OF SARATOGA
FOR THE OVERLAY OF A PORTION OF PROSPECT ROAD
WHEREAS, there has been presented to the City Council an agreement
for the overlay of a portion of Prospect Road between the City of Cuper-
tino and the City of Saratoga, and the terms and conditions of 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 said agreement in behalf of the City of Cuper-
tino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 20th day of October , 1981 by the following vote:
Vote Members of the City Council
AYES: Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: Gatto
ABSTAIN: None
ATTEST:
/s/ Dorothy Cornelius
City Clerk
I
APPROVED:
/s/ W. Reed Sparks
Mayor, City of Cupertino