02-003 Street resurfacing Measure A/B funded• ~
~i G ~
AGREEMENT BY AND BETWEEN THE CITY OF SAN JOSE
AND THE CITY OF CUPERTINO FOR
THE 2000-01 STREET RESURFACING PROJECT MEASURE A/B FUNDED
THIS AGREEMENT is made and entered into this l `7~' day of ~;, ~~n;LGI ~~ 20(~, by and
between the City of San Jose, a municipal corporation of the State Californi ,hereinafter
referred to as "SAN JOSE" and the City of Cupertino, a municipal corporation of the State of
California, hereinafter referred as "CUPERTINO".
RECI'CALS
WHEREAS, in Fiscal Year 2000-2001, SAN JOSE has awarded 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, the southside of Bollinger Road from Miller Avenue to Tantau Avenue lies within
the jurisdictional limits of SAN JOSE, as shown on Exhibit A of this Agreement; and
WHEREAS, the northside portion of Bollinger Road from Miller Avenue to Tantau Avenue lies
within the jurisdictional limits of CUPERTINO, as shown on Exhibit A of this Agreement; and
WHEREAS, the CITY CONTRACT was awarded to O'Grady Paving, Inc. on June 26, 2001; and
WHEREAS, it is in the public interest for SAN JOSE and CUPERTINO to have both sides of
Bollinger Avenue resurfaced between the above l imits in a cooperative and economical manner as
part of the CITY CONTRACT;
NOW THEREFORE, for and in consideration of their mutual promises and agreements, and
subject to terms, conditions, and provisions hereinafter set forth, the parties hereto agree as
follows:
AGRE>=;MENT
1.0 Scope of Work:
1.1 The scope of work consists of the resurfacing of the portion of the north side of Bollinger
Road from Miller Avenue to Tantau Avenue that lies with the jurisdiction of CUPERTINO,
together with all work necessary to complete the resurfacing, all of which improvements are
hereinafter referred to as "PROJECT".
2.0 Project Administration:
2.1 SAN JOSE shall be the administering agent and, as such, shall possess all powers to both
CUPERTINO and SAN JOSE that may be necessary to effectuate the purpose of this
AGREEMENT, subject only to the manner of exercise of such powers provided herein and the
restrictions imposed by law upon SAN JOSE in the exercise of such powers.
2.2 The designated project manager for CUPE,RTINO for the duration of the PROJECT is
Carmen Lynaugh. CUPERTINO's project manager shall have all the necessary authority to direct
technical and professional work within the scope ~~f the AGREEMENT and shall serve as the
principal point of contact with SAN JOSE. The designated project manager for SAN JOSE for the
duration of the PROJECT is Tuan Lam. SAN JO~SE's project manager shall have all the necessary
authority to review and approve and accept technical and professional work within the scope of
the AGREEMENT and shall serve as the principal point of contact with SAN JOSE.
3.0 Plans, Specifications and Estimates:
3.1 SAN JOSE has completed Plans, Specific~~tions, and Estimates for the PROJECT and
CUPERTINO has approved said Plans, Sf~ecifications and Estimates.
3.2 SAN Jose will perform the PROJECT consistent with the approved Plans, Specifications,
and Estimates.
4.0 Award of Contract and Construction:
4.1 SAN JOSE has awarded the PROJECT to O' Grady Construction, Inc. on June 26, 2001.
5.0 Cost Sharing_with CUPERTINO:
5.1 CUPERTINO shall reimburse SAN JOSE for PROJECT construction costs based on actual
unit prices set forth in the CITY CONTRACT for the various items of work completed on the
portion of Bollinger Road within the jurisdiction ~~f CUPERTINO, attached here as exhibit "B."
Notwithstanding the foregoing, the cost of "Crack:filler" shall be a lump sum amount of $1,000. In
addition, CUPERTINO shall reimburse SAN JOSE for PROJECT inspection costs in a sum equal
to seven percent (7%) of CUPERTINO's total construction cost.
6.0 Payment of PROJECT Cost:
6.1 Within 30 days after completion and acceptance of the PROJECT by SAN JOSE, SAN
JOSE shall determine the actual, total cost that CIJPERTINO must reimburse SAN JOSE and shall
invoice CUPERTINO for this amount. SAN JOSE will determine the actual, total cost of the
PROJECT in the manner set forth in Section 5.0 of this AGREEMENT.
6.2 CUPERTINO shall pay SAN JOSE the full amount set forth in the invoice within 30 days
of receipt of such invoice.
7.0 Maintenance and Operation:
7.1 This AGREEMENT is not intended to change any authority or responsibility between
SAN JOSE and CUPERTINO with regard to mai~itenance, operation or future repair
responsibility.
8.0 Insurance and Indemnification:
8.1 Neither CUPERTINO or any officer or err~ployee thereof, shall be responsible for any
damage or liability occurring by reason of anythir.-g done omitted to be done by SAN ,JOSE under
or in connection with any work, authorized or jurisdiction delegated to SAN JOSE under this
AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4,
SAN JOSE shall indemnify and hold CUPERTINO harmless from any liability imposed for injury
(as defined by Government Code Section 810.8) c-ccumng by reason of anything done or omitted
to be done by SAN JOSE under this AGREEMENT.
8.2 Neither SAN JOSE, nor any officer or em~~loyee thereof, shall be responsible for any
damage or liability occumng by reason of anythir.-g done or omitted to be done by CUPERTINO
under or in connection with any work, authority or jurisdiction delegated to CUPERTINO or to
the contractor awarded the CITY CONTRACT under this AGREEMENT. It is also understood
and agreed that, pursuant to Government Code Section 895.4, CUPERTINO shall indemnify and
hold SAN JOSE harmless from any liability imposed for injury (as defined by Government Code
Section 810.8) occurring by reason of anything or omitted to be done by CUPERTINO under this
AGREEMENT.
8.3 SAN JOSE shall require the contractor, O" Grady Paving, Inc., to secure and maintain in
full force and effect at all times during construction of the PROJECT and until the PROJECT is
accepted by SAN JOSE, public liability and property damage insurance in forms and limits of
liability satisfactory and acceptable to both CUPERTINO and SAN JOSE, naming CUPERTINO
and SAN JOSE and their respective officers, employees and agents from and against all damages
and claims, loss liability, cost or expense arising c-ut of or in any way connected with the
construction of the PROJECT.
9.0 Miscellaneous Provisions:
9.1 The parties' waiver of any term, condition or covenant, or breach of any term, condition or
covenant shall not be construed as a waiver of an~~ other term, condition or covenant or breach of
any other term, condition or covenant.
9.2 This AGREEMENT contains the entire agreement between CUPERTINO and SAN JOSE
relating to the PROJECT. Any prior agreements, promises, negotiations, or representations not
expressly set forth in this AGREEMENT are of n~~ force or effect.
9.3 If any term, condition or covenant of this ~~GREEMENT is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this AGREEMENT
shall be valid and binding on CUPERTINO and SAN JOSE.
9.4 This AGREEMENT shall be governed anti construed in accordance with the laws of the
State of California.
9.5 This AGREEMENT may be executed in counterparts and will be binding as executed.
9.6 The term of this AGREEMENT shall commence upon execution of the AGREEMENT by
both parties and terminate upon PROJECT acceptance and final payments. The warranty period
shall be one (1) year from the acceptance date as specified in the City of San Jose Standard
Specifications, Section 7-1.23.
9.7 All changes or extensions to this AGREEMENT must be in writing in the form of an
amendment and approved by both parties.
10.0 Termination:
10.1 Except as otherwise provided in Section 9.0 of this AGREEMENT, this AGREEMENT
can be terminated only upon the mutual written ~~onsent and terms acceptable to both parties.
11.0 Notices:
11.1 Notices required under this AGREEMENT may be delivered by first class mail addressed
to the appropriate party at the following address~:s:
Tuan Lam, Project Manager
City of San Jose
801 North First Street, RM300
San Jose, CA 95110
Carmen Lynaugh, Project Manager
Ciro of Cupertino
103 00 Torre Avenue, City Hall
Cupertino, CA 95014-3255
IN WITNESS WHEREOF, the parties have executed the AGREEMENT on the day and year first
set forth above.
APPROVED AS TO FORM:
AND LEGALITY
CITY OF SAN JOSE,
A municipal corporation
~~
Deputy City Attorney (SAN J SE)
PE NSEN
ASSISTANT TO THE CITY MANAGER
APPROVED AS TO FORM CITY OF CUPERTINO,
AND LEGALITY: A municipal corporation
~tuu
Attorney (CUPERTINO) By:
Ralph A. Qualls, Jr.
ATTEST: Director of Public Works
City Clerk (CU RT1N0)
Exhibit B
Engineer's Estimate
foie the
2000-01 Street Resurfacing Measure A/B Funded Project
Work on Cify of Cui~erfino's Jurisdiction
Bnllindrar Rnar/ /Millor *n Tanfanl
t „m
~
'.S~eC.
~.,,,.,tion
'.i
Dc~scri tion'"°
nit --
Qtia~itity '
nit Price
xtension
1 10-1.09 Asphalt Concrete - Type A TON 900 $ 61.75 $ 55,575.00
2 10-1.11 Crack Filler (Revocable) LS 1 $ 800.00 $ 800.00
3 10-1.12 Pavement reinforcing Fabric (in place) SY 7,500 $ 0.88 $ 6,600.00
4 10-1.13 Gutter Cut LF 1,733 $ 0.90 $ 1,559.70
5 10-1.13 Conform Cut SF 800 $ 0.60 $ 480.00
Sub Total $ 65,014.70
Inspection Cost (7%) $ 4,551.03
Total $ 69,565.73
p:roadsPoam/project resurfadng/2001Resurtadng/Bid Summary/Schedule of Quantities.xls