99-099 City of San Jose – overlay Bollinger Rd F4 a sit* CITY OF SAN JOSE, CALIFORNIA
,. M` Office of the City Clerk
* 801 North First Street,Room 116
San José,California 95110
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CITY CLERIC aC `(
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00 '999
October 14, 1999
Carmen Lynaugh, Project Manager
City of Cupertino
10300 Torre Avenue, City Hall
Cupertino, CA 95014-3255
Re: Resurfacing of Bollinger Road between Lawrence Expressway &
Tantau Avenue Agreement
Enclosed is the executory copy of the above-referenced agreement which
was approved by City Manager of the City of San Jose on October 13,
1999.
C}f thea�` zka
Office Sp-cialist II
Contract Administration
Enclosure
1 EXECUTORY COPY FOR ��A t 2- l P
AGREEMENT BY AND BETWEEN THE CITY OF SAN JOSE
/ AND THE CITY OF CUPERTINO FOR
1998-99 STREET RESURFACING PROJECT
THIS AGREEMENT is made and entered into this 15th day of
September, 1999, 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 as "CUPERTINO" .
RECITALS
WHEREAS, in Fiscal Year 1998-99, 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, Bollinger Road from Lawrence Expressway to Tantau Avenue
in SAN JOSE is scheduled to be resurfaced under the CITY
CONTRACT; and
WHEREAS, a certain portion of the northside of Bollinger Road
from Lawrence Expressway to Tantau Avenue lies within the
jurisdictional limits of CUPERTINO; and
WHEREAS, it is in the public interest for SAN JOSE and CUPERTINO
to have Bollinger Avenue resurfaced between the above limits in
cooperative and economical manner by including both SAN JOSE and
CUPERTINO portions in the CITY CONTRACT;
WHEREAS, the CITY CONTRACT was awarded to Granite Construction
prior to the annexation of the northside of Bollinger Road from
Lawrence Expressway to Tantau Avenue by CUPERTINO on March 15,
1999;
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 :
AGREEMENT
1. Scope of Work:
1 . 1 The scope of work consists of the resurfacing of a portion
of the north side of Bollinger Road from Lawrence Expressway to
Tantau Avenue, 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 In exercising this Agreement, 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 exercise of such powers .
2 . 2 The designated project manager for CUPERTINO 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 of 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 JOSE' 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, Specifications, and Estimates
for the PROJECT and CUPERTINO has approved said Plans,
Specifications and Estimates .
3 . 2 The resurfacing PROJECT will include asphalt overlay on
various streets on SAN JOSE.
•
4 . 0 Award of Contract and Construction:
4 . 1 SAN JOSE has awarded the CITY CONTRACT to Granite
Construction Company on June 29, 1999 .
5 . 0 Cost Sharing with CUPERTINO:
5 . 1 CUPERTINO' s share of project cost shall be based on actual
unit prices in the SAN JOSE contract with Granite for the various
items completed within CUPERTINO city limits except that the unit
cost of "Traffic Control" shall be $350 and the unit cost of
"Crackfiller" shall be. $357 . In addition, CUPERTINO shall
reimburse SAN JOSE for project inspection costs in a sum equal to
ten percent (10°%) of CUPERTINO' s construction cost .
6 . 0 Payment of Project Cost :
6. 1 Upon completion and acceptance of the PROJECT, SAN JOSE
shall determine the actual cost and invoice CUPERTINO for its
share of the cost based on the contract unit costs of items
constructed in CUPERTINO' s jurisdictional boundaries, plus ten
percent (10%) of the construction cost for inspection.
6 . 2 CUPERTINO' s share of the final cost of PROJECT shall be
determined within 30 days after completion and acceptance of
PROJECT by SAN JOSE.
6 . 3 CUPERTINO shall pay SAN JOSE all funds due within 30 days of
billing.
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
maintenance, operation or future repair responsibility.
8 . 0 Insurance and Indemnification:
8 . 1 Neither CUPERTINO or 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 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)
occurring 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 employee thereof, shall
be responsible for any damage or liability 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 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 done or omitted to be done by CUPERTINO under this
AGREEMENT.
8 . 3 SAN JOSE shall require the contractor, Granite Construction
Company 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 out 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 any 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 no force or effect .
9 . 3. If any term, condition or covenant of this Agreement 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 and 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 Agreements by both parties and terminate upon PROJECT
acceptance and final payments . 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 This agreement can' be terminated only upon the mutual
written consent 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 addresses: '
Tuan Lam Carmen Lynaugh
Project Manager Project Manager
City of San Jose City of Cupertino
801 North First Street, Rm 300 10300 .Torre Avenue, City Hall
' San Jose, CA 95110 Cupertino, CA 95014-3255
•
IN WITNESS WHEREOF, the parties have executed the AGREEMENT the
day and year first set forth above.
APPROVED AS TO FORM: CITY OF SAN JOSE,
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a municipal corporation
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AssisttitideMMINFOOMNIMPPr
APPROVED AS TO FORM CITY OF CUPERTINO,
AND LEGALITY: a municipal corporation
r(. / /
City Attorney By:
Mayor
ATTEST:
•
City Clerk ' UPERTINO)
•
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EXHIBIT A
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Approximate:
L ngth = 2441h
Are = 110,3580 SF
////, CITY OF SAN JOSE
> L ng¢p10xima[e3340 ft
Area ==190,890 SF
EXHIBIT "B"
Engineer's Estimate
BOLLINGER ROAD
between Lawrence &Tantau
City of Cupertino Cost
Spec. Estimated
Item Section Description Unit Quantity Unit Price. Total Price
1 10-1.02 Traffic Control _ LS 1 $ 350.00 $ 350.00
2 10-1.07 Tree Trimming (Revocable) EA 20 $ 125.00 $ 2,500.00
3. 10-1.08 Adjust Water Valve to Grade EA 1 $ 200.00 $ 200.00
4 10-1.08 Adjust or Install Monument Box to EA 1 $ 200.00 $ 200.00
Grade (Revocable)
5 10-1.08 Adjust Manhole to Grade EA 8 $ 410.00 $ 3,280.00
6 10-1.09 Asphalt Concrete-Type A TONS 765 $ 42.00 $ 32,130.00
• (In-Place)
7 10-1.11 Crack Filler(Revocable) TONS 0.09 $ 4,200.00 $ 357.00
8 10-1.12 Pavement Reinforcing Fabric SY 7,820
(In Place) $ 1.00 $ 7,820.00
9 10-1.13 Gutter Cut LF 2,400 $ 1.00 $ 2,400.00
10 10-1.13 Conform Cut SF 860 $ 0.20 $ 172.00
12 10-4.01 Remove &Replace 6"of AC Pavement SF 4,720 $ 2.50 $ 11,800.00
(Revocable)
13 10-6.02 Double Solid 4"Yellow w/2" Black Line LF 1,100 $ 0.40 $ 440.00
(Revocable)
15 10-6.02 4" Broken White Line (Revocable) LF 650 $ 0.20 $ 130.00
16 10-6.02 6"Solid White Line (Revocable) LF 1,890 $ 0.40 $ 756.00
17 10-6.02 8"Solid White Line (Revocable) LF 570 $ 0.40 $ 228.00
19 10-6.02 12" Solid White Crosswalk Stripe LF 170
(Revocable) $ 0.90 $ 153.00
20 10-6.02 Pavement Message (Revocable) . SF 75 $ 1.20 $ 90.00
Sub Total $ 63,006.00
Inspection Cost(10%) $ 6,300.60
. Estimated Total $ 69,306.60
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RESOLUTION NO. 99-250
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF
SAN JOSE AND THE CITY OF CUPERTINO FOR 1998-99 STREET RESURFACING
PROJECT
WHEREAS, there has been presented to the City Council an agreement for
resurfacing of a portion of Bollinger Road between Lawrence Expressway and Tantau
Avenue; and
WHEREAS, the provisions, terms, and conditions of the aforementioned
amendment have been reviewed and 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-said 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 16°i day of August, 1999, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, Dean, James, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/Kimberly Smith /s/Wally Dean
City Clerk Mayor, City of Cupertino