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88-033 County of Santa Clara, Resurfacing of Finch Ave Between Calle De Barcellona and Phil Ln and Pavement Repair of finch Ave and Miller Ave, Cooperative Agreement, Resolution No. 747310300 Torre Avenue CUpertino, california 95014 Telephone: (406) 252·4505 DEPARTMENT OFTHE CllYCLERK April 29, 1988 Micky rutz COunty of santa Clara Public Works Deparbllent (Hard::larried) Citlf of CUpe't'ti11o P.O. Box 560 Cupertino, California 95015 .l\GREEMENl' -RESURFACING OF FINCli AVENUE BE'IWEEN ClIU.E DE ~ AND mIL IANE AND PAVEMENl' REPAIR OF FINCli AVENUE AND MIILER AVENUE Enclosed are three copies of the subject agreement between the county of santa Clara am the City of CJpertino. All copies have been signed by City staff. Please return one copy to us after it has been fully executed by county officials. Sincerely, ,i '" " : RESODDTION NO. 7473 A RESODDTION OF THE CITY CUJNCIL OF THE CITY OF aJPERI'INO AIJlRORIZING AGREEMENT BIi!IWEEN THE CITY OF aJPERI'INO AND THE cnJNI':l OF SANrA CfA'.RA FOR THE RESURFACING OF FlNCH AVENUE BIi!IWEEN CAI..!E DE l3I\RCEI!lNA AND mIL IANE AND PAVEMENT REPAIR OF FlNCH AVENUE AND MILLER AVENUE WHEREAS, the city of CUpertino is un:iert:ak:i.n: a street resurfacing prpject f= certain public streets, ani WHEREAS, the county of Santa Clara would like to .include portions of Finch Avenue and Miller Avenue which lie within the county's juri,sdiction into the city's resurfacing project in the interest of the public and the oJ:derly completion of the resurfacing of the streets: ani WHEREAS, there has been presented to the city COUncil a proposed cooperative agreement .between the City ani the county outlining the terms and conditions un:ler which the project shall .be completed, and said agreement. having been· approved by the Director of Public W=ks ani the City Attorney; NOO', 'l'HE:REFORE, BE IT RESOLVED that the city COUncil of the City of CUpertino hereby approves the aforementioned cooperative agreement and authorizes the May= and the City Clerk to execute the agreement in behalf of the City of CUpertino. PASSED AND ADOPI'ED at a regular meeting of the city COUncil of the city of CUpertino this ..l.B.th.. day of Apr) J , 1988 by the following vote; 4.·j " " RESOIDI'ION NO. 7473 vote Members of the city Cotmail AYES: Johnson, Koppel, Plungy, Rogers, Gatto NOFS: None lIBSENT: None ABSTAIN: None AI'.1:roVED: 151 John M. Gatto Mayor I City of CUpertino ATI'EST: lsI Dorothy Cornelius City Clerk AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE COUNTY OF SANTA CLARA FOR THE RESURFACING OF FINCH AVENUE BETWEEN CALLE DE BARCELONA AND PHIL LANE AND PAVEMENT REPAIR OF FINCH AVENUE AND MILLER AVENUES R&OiUVED JUN 61988 THIS AGREEMENT, made and entered into on the ___ day oJMAY 1 7, 1988, 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". WHEREAS, in Fiscal Year 1987-1988, 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 Contraot"; and WHEREAS, Finch Avenue between Calle de Baroelona and Phil Lane in the COUNTY needs to be resurfaced; and Finch Avenue and Miller Avenues in the COUNTY needs to be repaired; and WHEREAS, these portions of Finch Avenue and Miller Avenue 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 Finch Avenue and Miller Avenue resurfaced and repaired in an orderly and economical manner by including these COUNTY portions of Finch Avenue and Miller Avenue 1n 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: CONTRACTOR'S COpy ; : 1. SCOPE OF WORK: The scope of the work shall consist of the resurfacing and repair of Finch Avenue between Calle de Barcelona and Phil Lane and repair of Miller Avenue between Calle de Barcelona and Phil Lane. 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 and repair within the respective party's jurisdictional boundaries. COUNTY's share of the PROJECT cost has been estimated to be $40,000, including administrative costs determined to be fifteen percent (15S) of the construction costs in the County jurisdiction. Said administrative costs shall include preparation of plans and specifications, bidding, contract administration, inspection and incidental expenses of this PROJECT. 5. PAYMENT OF PROJECT COST: CITY shall send COUNTY a statement of costs within (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. : J 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 Finch Avenue and Miller Avenue between Calle de Barcelona and Phil Lane. 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 of said PROJECT to secure and maintain in full force and effect at all . . , . A . . 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, naming COUNTY and CITY and their respective officer 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 aforementioned 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 ~~EREOF, the parties hereto have executed this Agreement the day and year first hereinabove set forth. of the Clerk, Board of Supervisors poNAl.1J M. RAIN3 f Supervisors APPROVED AS TO FORM ~ LE~ALITY: ~k)t),C;~ 15ePU y County Counsel "County" WPRK10 City of CUpertino, corporation of the California, a municipal State of BY __ ~-+~~~~_' __ +-____ ___ !lCi ty" 'U o LocATION MAP S.D~,'J[