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84-050 City of Sunnyvale - Homestead Rd Overlay Project (Reso 6309) and Phase II (Reso 6530)AGREEMENT BETWEEN THE CITY OF SUNNYVALE AND THE CITY OF CUPERTINO FOR THE HOMESTEAD ROAD OVERLAY PROJECT THIS AGREEMENT, made and entered into this 2nd day of April , 1984, 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"); W I T N E S S E T 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"; and WHEREAS, the aforementioned Homestead Road Overlay Project lies on portions of Homestead Road located within Sunnyvale, Cupertino and Los Altos 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 through joint action of Sunnyvale, Cupertino and Los Altos and under a single construction contract awarded to and administered by Sunnyvale; NOW, THERFORE, 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 and Los Altos, Sunnyvale shall advertise the Homestead Road Overlay Project 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 - 1 - Twelve Thousand Dollars ($112,000.00), 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 exceed the sum of One Hundred Twenty -Five Thousand Dollars ($125,000.00). 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. 3. Insurance. Sunnyvale shall require any contractor awarded the contract for any portion of said Homestead Road Overlay Project to secure and maintain in full force and effect at all times during construction of said Homestead Road Overlay Project and until said Homestead Road Overlay Project 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. 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 August 30, 1984, if Sunnyvale has not awarded the contract for the construction of the Homestead Road Overlay Project prior to that date, unless the date of termination of this Agreement has been changed by an amendment - 2 - 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: By r xo Deputy City Clerk (SEAL) ATTEST: City Clerk CITY OF ' SUNNYVALE A Municipal Corporation -Am Ac ing Mayo CITY OF CsTPERTINO- A Municipal Corporation By G Mayor APPROVED AS TO City Att-drng(y -' Cupertino - 3 - 1. 2. 3. 4. 5. 6. 7. 8. HOMESTEAD ROAD OVERLAY PROJECT ST -83-5 EXHIBIT A Bid Item Estimated Quantity Aggregate - Type A, 3/8" Maximum 1,364 Ton Paving Asphalt - Grade AR 4000 87 Ton 4" Deep Pavement Patching 10,000 S.F. Pavement Fabric 117,104 S.F. Pavement Grinding 5,166 L.F. Adjust Manhole Rim and Cover to Grade 28 EA. Adjust Water Valve Can and Cover to Grade 32 EA. Striping Lump Sum - 4 - RESOLUTION NO. 6309 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT WITH THE CITY OF SUNNYVALE FOR OVERLAY OF HOMESTEAD ROAD 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; and WHEREAS, said agreement contains the terms and conditions of undertaking the project as a joint effort; 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 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 2nd day of April 1984, by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Rogers, Sparks, Plungy NOES: None THIS IS TO CERTIFY THAT THE V-"THINI INSTRUMENT IS ATRUE AND CORRECT CI•';", ABSENT•• None OF THE ORIGIN L ON FILE IN THIS OF. ;E. , ABSTAIN: None ATTEaT CITY CLERK T CITY OF C,UF i N 0 E3Y 4, CITY CL-9PK ATTEST: APPROVED: /s/ Dorothy Cornelius City Clerk /s/ John J. Plungy, Jr. Mayor, City of Cupertino AGREEMENT BETWEEN THE CITY OF SUNNYVALE AND THE CITY OF CUPERTINO FOR THE HOMESTEAD ROAD OVERLAY PROJECT - PHASE II THIS AGREEMENT, made and entered into this �day of 1985, by and between the City of Sunnyvale, a Mu-nicipal Corporation of the State of California ("Sunnyvale") , and the City of Cupertino, a Municipal Corporation of the State of California ("Cupertino"); W I T N E S S E T 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 II"; and WHEREAS, the aforementioned Homestead Road Overlay Project - Phase II lies on portions of Homestead Road located within Sunnyvale, Cupertino and Santa Clara 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 II through joint action of Sunnyvale, Cupertino and Santa Clara and 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 and Santa Clara, Sunnyvale shall advertise the Homestead Road Overlay Project -Phase II for bid and shall award a contract to be supervised to completion by Sunnyvale. - 1 - 2. Cupertino's Estimated Share of Cost. Cupertino shall pay to Sunnyvale within thirty (30) days of the award of bid, Sixty- seven Thousand Dollars ($67,000.00), 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 II exceed the sum of Seventy-five Thousand Dollars ($75,000.00). 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 II. 3. Insurance. Sunnyvale shall require any contractor awarded the contract for any portion of said Homestead Road Overlay Project - Phase II to secure and maintain in full force and effect at all times during construction of said Homestead Road Overlay Project -Phase II 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 II. The aforementioned policy shall contain a provision that the insurance 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 August 30, 1985, if Sunnyvale has not awarded the contract for the construction - 2 - of the Homestead Road Overlay Project -Phase II prior to that date, unless the date of termination of this Agreement has 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: By 2, (SEAL) ATTEST: City Clerk i ► / Now wi APPROVED AS TO FORM: r CUPERTINO, C TY ATTORNEY— CITY OF CUPERTINO A Municipal rporation Mayor CITY OF SUNNYVALE A Municipal Corporation Ma r - 3 - HOMESTEAD ROAD OVERLAY PROJECT - PHASE II ST -84-9 EXHIBIT A 1. Aggregate - Type A, 3/8" Maximum 2. Paving Asphalt - Grade AR 4000 3. 4" Deep Pavement Patching 4. Pavement Fabric 5. Pavement Grinding - Longitudinal 6. Pavement Grinding - Transverse 7. Adjust Manhole Rim and Cover to Grade 8. Adjust Monument Cover Box to Grade 9. Striping - 4 - Estimated Quantity 1,046 Ton 67 Ton 80 Ton 125,272 S.F. 2,964 L.F. 448 L.F. 36 Each 1 Each Lump Sum RESOLUTION NO. 6530 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT WITH THE CITY OF SUNNYVALE FOR OVERLAY OF HOMESTEAD ROAD - PHASE II 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 II; and WHEREAS, said agreement contains the terms and conditions of undertaking the project as a joint effort, 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 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 1st day of April, 1985 by the following vote: Vote Members of the CiV Council AYES: Gatto, Plungy, Sparks, Johnson NOES: None ABSENT: None ABSTAIN: Rogers ATTEST: ls_/ norothy (:nrnPl i„s City Clerk APPROVED: /s/ Phil N. Johnson Mayor, City of Cupertino THI5 IS TO CERTIFY TH',T Tw- �VITH!N I;JSTPIUMENT IS QF THE ORIGIP.IAL ❑N FI LIE DIN ❑RRECTCOPY T"'S OFFICE. ATTEST CITY CLE OF HE CITY OF CC TINp,' BY CITY RK