86-153 County of Santa Clara - Resurfacing of Phil Lane(between Finch Ave & Miller), and TantauBOARD OF SUPERVISORS
COUNTY OF SANTA CLARA
COUNTY GOVERNMENT CENTER, EAST WING
70 WEST HEDDING ST. / SAN JOSE,CA 95110 / (408) 299-2323
July 28, 1986
Bert Viskovi.ch
Director of Public Works
Cupertino, California
MEMBERS OF THE BOARD
SUSANNE WILSON
ZOE LOFGREN
THOMAS L. LEGAN
ROD DIRIDON
DIANNE McKENNA
DONALD M. RAINS
CLERK/BOARD OF SUPERVISORS
TELEPHONE (408) 299-4321
P. �..
u �j'.IN
Subject: Agreement between the City of Cupertino and the
County of Santa Clara for the Resurfacing of Phil
Dane between Finch Avenue and Miller Avenue and
Tantau Avenue between Sutton Park Place and
Shadygrove Drive
Dear Mr. Viskovich:
Enclosed please find one pink tagged original, two fully
executed pink tagged copies, and one fully executed copy
of the above-mentioned Agreement. The Board of Supervisors
at their regularly scheduled -meeting on July 22, 1986
authorized execution of this Agreement on behalf of the
County.
Please obtain the necessary signatures on all copies.
We would appreciate your returning the pink tagged copies
(3) to this office.
Very truly yours,
R chel R. Zamo a
Deputy Clerk
rrz
Enc.
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE
COUNTY OF SANTA CLARA FOR THE RESURFACING OF
PHIL LANE BETWEEN FINCH AVENUE AND MILLER AVENUE
AND TANTAU AVENUE BETWEEN SUTTON PARK PLACE AND SHADYGROVE DRIVE
THIS AGREEMENT, made and entered into on they,-oc day of ,1986, 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 1986--87, 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 Miller Avenue and Tantau
Avenue between Sutton Park Place and Shadygrove Drive in the CITY needs to be
resurfaced; and
WHEREAS, certain portions of Phil Lane between Finch Avenue and Miller
Avenue and Tantau Avenue between Sutton Park Place 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 THEREFORE, 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 bane between Finch Avenue and Miller Avenue and Tantau Avenue
between Sutton Park Place 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 $452,000. COUNTY'S share of the PROJECT cost has been
estimated to be $18,000, 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.
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.
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6. MAINTENANCE AND OPERATION: The sharing of cost for maintenance and
operation of the resurfaced pavement shall be as determined for the
maintenance and operation of the pavement on Phil Dane between Finch
Avenue and Miller Avenue and Tantau Avenue between Sutton Park Place
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 reason 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 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) occurring 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
-3-
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 officer
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.
The aformentioned 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 irst hereinabove set orth.
ATT COUNTY OF SANTA CLARA, a political
subdivision of the State of
0..:. Califor a,
Clerk, Board of Supervisors
DONALD M. RAINS By
APPROVED AS TO FORM AND LEGALITY: Ch irperson, ard of Supervisors
%' Susanne Wdsoib "County"
-� � � ,��`
eputy County Counsel
AT City of Cupertino, a municipal
corporation of the State of
California,
City Clerk
APPRO AS TO!?� By
/4? zVG
Mayor
City Attorney
Cupertino "City"
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RESOLUTION NO. 6933
A RESOLUTION OF THE CITY OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT WITH THE COUNTY OF SANTA CLARA
FOR THE RESURFACING OF PHIL LANE BETWEEN FINCH AVENUE AND
MILLER AVENUE, AND TANTAU AVENUE BETWEEN SUTTON PARK PLACE AND
SHADYGROVE DRIVE
WHEREAS, there has been presented to the City Council a proposed
Cooperative agreement providing for the resurfacing of Phil Lane between
Finch Avenue and Miller Avenue, and Tantau Avenue between Sutton Park Place
and Shadygrove Drive; which streets lie within the jurisdiction of both the
County of Santa Clara and the City of Cupertino; and
WHEREAS, the terms 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, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby authorizes the Mayor and the City Clerk to execute the
aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 18thday of August, 1986 by the following vote:
Vote Members of the Citv Council
AYES: Gatto, Johnson, Plungy, Sparks, Rogers
NOES: None
ABSENT None
ABSTAIN: None
APPROVED:
/s/ Barbara A. Rogers
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk