86-117 City of San Jose, Agreement for Widening a Portion of Saratoga-Sunnyvale Rd between Kentwood Ave and Prospect li01-“C4\
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Civil of Cupertino
10300 Torre Avenue
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j,_: Cupertino, California 95014 ,' `Cupertino,.California 950154‘,_ s: �;
Telephone; (408) 252-4505
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OFFICE OF THE CITY CLERK
;r�: :•.; . May 5, 1986 . ;; _ `J r
City of San Jose '
Attention: Andrea M. Pavone, City Clerk
" Office of the City Clerk " ''.,' "'4'.
801 N. First Street
• San Jose, CA ' 95110
AGREEMENT FOR WIDENING A PORTION OF SARATOGA-SUNNYVALE ROAD
' Enclosed please find our fully executed Agreement by and between the
City of San Jose and the City of Cupertino for sharing of costs for
' the widening of Saratoga-Sunnyvale Road, along with one (1) certified
copy of Resolution No. 6821, which was enacted by the City Council of r
the City of Cupertino, at their regular meeting of Monday, April 21,
` 1986.
Sincerel
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DOROTHY CORNELI'US •
CITY CLERK '
CITY OF CUPERTINO
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DC/so • o-
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RESOLUTION NO. 6821
A- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT BETWEEN THE
CITY OF CUPERTINO AND THE CITY OF SAN JOSE FOR THE WIDENING OF
SARATOGA-SUNNYVALE ROAD BETWEEN KENTWOOD AVE. AND PROSPECT
ROAD.
WHEREAS, there has been presented to the City Council a cooperatibe
agreement between the City of Cupertino and the City of San Jose for the
widening of a portion of Saratoga-Sunnyvale Road between Kentwood Avenue
and Prospect Road; 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 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 21st day of April , 1986 by the
following vote:
Vote Members of the City Council
AYES: Gatto, Plungy, Sparks, Rogers
NOES: None
ABSENT: Johnson
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ Barbara A. Rogers
City Clerk - Mayor, City of Cupertino
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APR 0 1 19Rot
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AGREEMENT BETWEEN THE
CITY OF SAN JOSE AND THE CITY OF CUPERTINO
FOR SHARING OF COSTS FOR
THE WIDENING OF
SARATOGA-SUNNYVALE ROAD
THIS AGREEMENT, made and entered into this 21st day of April , 1986,
by and between the City of San Jose, a municipal corporation of the State of
California, hereinafter referred to as "San Jose," and the City of Cupertino, a
municipal corporation of the State of California, hereinafter referred to as
"Cupertino."
WITNESSETH :
WHEREAS, traffic volumes have increased on Saratoga-Sunnyvale Road between
Kentwood Avenue and Prospect Road in a southbound direction; and
WHEREAS, Cupertino and San Jose do mutually desire, under this joint powers
agreement,to increase the capacity of the road by adding a southbound lane
between Kentwood Avenue and Prospect Road, all of which shall be hereinafter
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referred to as "Said Improvements," and desire to specify herein the terms and
conditions under which said improvements are to be designed, constructed and
financed;
NOW, THEREFORE, in consideration of the covenants and conditions herein
contained, the parties hereto agree as follows:
SECTION I
CUPERTINO AGREES:
1. To prepare plans and specifications for said improvements, submit the
same to San Jose for review, make corrections thereto requested by San
Jose as may be necessary for purposes of this Agreement, and not to
proceed with advertisement for construction until such plans and speci-
fications have been approved by San Jose.
2. To furnish and install the improvements hereinbefore mentioned, through
construction by contract with construction contractor licensed by the
State of California, said work to be completed in conformity with the
plans and specifications referred to hereinabove.
3. To acquire all rights-of-way necessary to construct the improvements
including those rights-of-way within the city of San Jose jurisdiction.
Cupertino shall provide free and clear title to San Jose for right-of-way
acquired for the project, within the City of San Jose.
4. To bill San Jose within thirty (30) days after execution of this
Agreement a sum equal to San Jose's proportionate share of estimated
construction. costs as defined in Section II, Articles 1 and 2.
5. Within thirty (30) days after construction of said improvements and
completion of all work incidental thereto, to furnish San Jose a
detailed statement of costs to be borne by San Jose and to refund San
Jose any amount of San Jose's advance deposit, provided for in Section
II, Article 2, remaining after actual costs to be borne by San Jose have
been deducted.
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6. To furnish Snn Jose a duplicate original net of "An Built" improvement
plans upon completion of conntruction and within thirty (30) days after
acceptance of sold improvement.
Cupertino ngreen to cause the sold .Improvements to be connttucted and completed
by its contractor. In the event the construction costs of mild improvements exceed
three hundred twenty—nine thounatd dollars ($329,000) Cupertino agrees to bent the
cost of such excess wtlltout further contribution from San Jose.
SECTION 11
SAN JOSE AGREES:
1. That its proportionate share of this project is based on the actual
cost of the improvements within its jurisdictional boundaries and
agrees to pay the cost of the said improvements up to a maximum of
Ninety Four Thousand Two Hundred Thirty Six Dollars ($94,236) .
2. To pay Cupertino within thirty (30) days of receipt of billing therefor
the mild num of Ninety Four 'I'hounnad Two hundred Thirty Six Dollars ($94,236)
nn the advance deposit provided for in Section 1, Articles 4 and 5.
3. To grant extra territorial jurisdiction to the City of Cupertino for
eminent downitt proceedings agnInnt property owuern, for the acquisition
of right—of—way necessary for the project within San Jose's jurisdiction.
SECTION 111
IT 15 MUTUALLY UNDERSTOOD AND AGREED:
1. In the exercise of thin joint powers agreement, Cupertino ahal.l be the
ndmint"ter.ing ngency amid nn such shall ponnena all powers cuunnon to both
Cupertino nud San ,Ione which 'mny be uecennnry to effectuate the purpose
of thn Agreement, subject only to the manner of exercise of such powers
provided herein and the restrictions imposed by law upon Cupertino in the
exercise of such powers.
2. That neither Cupertino,nor any officer or employee thereof, in responsible
for nay damage or liability occurring by reason of anything done or omitted
to be done by $nu June under. or In connection with any work, authority or
jurisdiction delegated to San Jose under thin Agreement. It is Ono
understood and agreed that, pursuant to Government Code Section 895.4,
Snt Jona shell fully indemnity mid hold harmless from any linbility imposed
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for injury (nn defined by Government code Section 810.8) occurring by
reason of nuything done or omitted to be done by San Jose under or in
connection with any work, authority or jurisdiction delegated to San Jose
under thin Agreement.
3. That neither San Jose nor any officer or employee thereof, in responsible
for any damage or liability occurring by reason of anything done or omitted
to be done by Cupertino under or in connection with nuy work, authority
or jurisdiction delegated to Cupertino tinder this Agreement. It in also
understood and ngreed that, pursuant to Government Code Section 895.4,
Cupertino shall fully indemnify and hold San Jose hnrmlens from any
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'• liability imposed for injury (as defined by Government code Section 810.8)
occurring by reason of anything done or omitted to be done by Cupertino
under or in connection with any work, authority or jurisdiction delegated
to Cupertino under this Agreement.
4. This Agreement shall terminate on June 30, 1986 if Cupertino has not awarded
a contract for construction of said improvements prior to that date.' In
the event of such a'termination, Cupertino shall refund to San Jose all sums
advanced pursuant to Section II, Article 2, except that Cupertino's accrued
construction costs, if any, shall be deducted from such sum to be refunded
to San Jose according to the respective sharing of costs as provided in
Section II, Article 1.
5. That "Construction Costs" shall be defined as the sum total of all construc-
tion costs and expenditures made by Cupertino in connection with said
improvements including, but not limited to, engineering costs and expenses,
costs and expenses of preparation of plans and specifications, costs and
expenses for inspection, publication, advertising and printing, costs of
traffic signal control equipment, and the cost of the construction contract
to be awarded by Cupertino.
6. That said improvements shall, upon completion become subject to the terms
and conditions of the existing agreements between Cupertino, San Jose and
the State of California for maintenance and operation of said improvements.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective officers, duly authorized, the provisions of which
agreement are effective as of the date, month and year first hereinabove written.
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CITY OF SAN JOSE, a municipal
corporation
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City Clerk
Andrea Al. Pavone
APPROVED AS TO FORM:
C I
Deputy City tt ey
ATTEST: - - CITY OF CIII'ERTINO, A municipal
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corporation
erk i
City (, ; C//� 7.2221.-12-9121.r
APPROVED AS.TO FORM:
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""ty A orney ✓,
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RCC MAR 13 1986
CITY ATTORNEY
City of San Jose
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RESOLUTION NO. 58973
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RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE APPROVING THE AGREEMENT
WITH THE CITY OF CUPERTINO FOR SHARING OF COSTS FOR THE WIDENING OF
SARATOGA-SUNYVALE ROAD.
WHEREAS, traffic volumes have increased on Saratoga-Sunnyvale Road between
Kentwood Avenue and Prospect Road in a southbound direction; and
WHEREAS, Cupertino and San Jose do mutually desire, under this joint
powers agreement, to increase the capacity of the road by adding a southbound
lane between Kentwood Avenue and Prospect Road.
Be it resolved by the Council of the City of San Jose:
That Council hereby approves and authorizes the City Clerk to execute on
behalf of the City of San Jose, the agreement between the City of San Jose and
the City of Cupertino for sharing of costs for the widening of
Saratoga-Sunnyvale Road and granting extra-territorial jurisdiction to the
City of Cupertino to acquire right-of-way and construct street improvements as
described in the agreement. A copy of the agreement is on file in the office
of the City Clerk and reference is made thereto for full particulars.
Said agreement provides that: (1 ) Cupertino shall prepare plans and
specifications subject to San Jose's approval ; (2) Cupertino shall acquire
right-of-way necessary for the project; (3) Cupertino shall bid, •award and
administer the construction contract; (4) San Jose shall deposit $94,236 with
Cupertino, as the advance deposit for San Jose's share of the project costs;
(5) Cupertino shall bear its share of the cost of the project and shall render
an accounting to San Jose of the actual costs of the project within 30 days of
acceptance of improvements and shall refund the amount, if any, by which San
Jose's deposit exceeds San Jose's share of the actual cost of the project.
ADOPTED this 1st day April , 1986, by the following vote:
Ayes: ALVARADD_ RF_at_1 univocR, IANNI, PUTNAM, RYDEN, SAUSEDO, STABILE,
The attached is a full, true and
correct copy of the original now on
file in my office.
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ATTEST: VAI),
Andrea M. Pavone, Thomas McEnery, Mayor
City Clerk
" of t - ity of San Jose, California
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ev:Iii U it .eauty rTc
Dated: 4f�
Form No.11040