87-034 City of Sunnyvale, Homestead Rd Overlay Project - Phase III, Cooperative Agreement Between the City of Sunnyvale and Cupertino C s Y.Y
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I cm1 of Cupertino
10300 Torre Avenue
Cupertino, California 95014 P.O. Box 580
Telephone: (408)252-4505 Cupertino,California 95015
,
September 4, 1987
City of Sunnyvale, Public Works Dept,
Attention: Norman F. Linn, Civil Engineer Assistant
P. O. 60607
Sunnyvale, CA 94088
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HOMESTEADROAD OVERLAY - PHASE III
CCOPERA1'IVE AGREEMENT HEIWEEN THE CITY OF SUNNYVALE AND CTJPERTINO
Dear Mr. Linn:
We are enclosing to you for completion three (3) copies of the Agreement
by and between the City of Sunnyvale and the City of Cupertino, which
have been fully executed by our City Officials, along with three (3)
certified copies of Resolution No. 7285, which was enacted by the City
Council of the City of Cupertino, at their regular meeting of Monday,
August 17, 1987.
After ccmtpletion by.your City, would you please return two (2) copies back
to this Office.
Thank you for your cooperation.
Sincerely,n�
,CJ��. ms's� `s
, .
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
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PP' _€ ;ATF ORIGINAL
AGREEMENT BETWEEN THE CITY OF SUNNYVALE
AND THE CITY OF CUPERTINO FOR THE
HOMESTEAD ROAD OVERLAY PROJECT - PHASE III
HIS AGREEMENT, made and entered into this o2 day of
, 1987, 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") ;
WITNESSET 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 III" ; and
WHEREAS , the aforementioned Homestead Road Overlay Project-
Phase III lies on portions of Homestead Road located within Sunnyvale
and Cupertino 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 III through joint action of Sunnyvale and Cupertino 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 , Sunnyvale shall advertise
the Homestead Road Overlay Project-Phase III 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
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Forty Thousand Dollars ($140 ,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 III exceed
the sum of One Hundred Sixty Thousand Dollars ($160,000 . 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 III .
3. Insurance. Sunnyvale shall require any contractor awarded
the contract for any portion of said Homestead Road Overlay Project-
Phase III to secure and maintain in full force and effect at all
times during construction of said Homestead Road Overlay Project-
Phase III 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 III.
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 September
30 , 1987 , if Sunnyvale has not awarded the contract for the
construction of the Homestead Road Overlay Project-Phase III prior
to that date, unless the date of termination of this Agreement has
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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: CITY OF CUPERTINO
A Municipal Corporation
By 1. ' ��c cb fac fo
Mayor
(SEAL)
ATTEST: CITY OF SUNNYVALE
City Clerk A Municipal Corporation
BY LiWte''`i /<f 'f'th `� /4,71, /
Mayor/
APPROVED AS TO FORM:
i
City Attorney, City of Cupertino
A-2/
HOMESTEAD ROAD OVERLAY PROJECT - PHASE III
ST-87-5
EXHIBIT A
Bid Item Estimated Quantity
1. Supplemental Work (By City of Sunnyvale)
2. Aggregate - Type A, 3/8" Maximum 2,112 Ton
3. Paving Asphalt - Grade AR 4000 135 Ton
4. 4" Minimum Depth Pavement Patching (9 , 100 s.f. ) 222 Ton
5. Pavement Fabric 253,000 S .F.
6. Pavement Grinding - Longitudinal 7,570 L.F.
7. Pavement Grinding - Transverse 550 L.F.
8 . Adjust Manhole Rim and Cover to Grade 42 Each
9 . Furnish and Install New Water Valve Can
and Cover to Grade 21 each
10 . Adjust Monument Cover Box to Grade 4 Each
11. Adjust Junction Box to Grade 1 each
12. Replace 6 'x6 ' Detector Loop (By City of Sunnyvale)
13. Striping Lump Sum
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ca.
RESOTITFION NO. 7285
A RFSOITYPION OF THE CITY COUNCIL OF THE CITY OF CUPER' ICO
AL7THORIZING EXECUTION OF ACZTEME2Ip ICTH THEY OF
SUNNYVALE FOR OVERLAY OF Ff'J'FAD ROAD - PHASE III
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 III;
WHEREAS, said agreement contains the terms and ctzrlitions of
undertaking the project as a joint effort, and said agreement having been .
approved by the Director of Public Works and the City Attorney;
NCW, 'IS FORE, BE 1T 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 . 17th day of August , 1987, by the
following vote:
Vote Mestere of the City Council
AYES: Gatto, Johnson, Plungy, Rogers, Sparks
NOES: None
APSENP: None •
ABSTAIN: None
ATTEST: APPROVED:
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/s/ Dorothy Cornelius /s/ W. Reed Sparks
City Clerk Mayor, City of Cupertino
THIS IS TO CERTIFY THAT THE WITHIN
INSTRUMENT IS ATRUE AND CORRECT COPY
OF THE ORIGIN ON FILE IN THIS OFFICE.
ATTEST , I9_/
CITY CLE ..F THE CIT{ OF CUPERTINO/
SY A / ZJey�_/