81-025 County of Santa Clara - Resurfacing of Stelling Rd Reso 5573AGREEMENT BETWEEN THE CITY OF CUPERTINO
AND THE COUNTY OF SANTA CLARA FOR THE
RESURFACING OF STELLING ROAD
THIS AGREEMENT, made and entered into this 2nd day of March
1981, 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 body politic and corporate of the State of California, hereinafter referred to
as "COUNTY":
WITNESSETH:
WHEREAS, in 1981, CITY plans to resurface certain public streets with as-
phalt concrete together with all work necessary to complete the resurfacing, all
of which said improvements shall be hereinafter referred to as "PROJECT"; and
WHEREAS, Stelling Road is one of the streets considered for resurfacing; and
WHEREAS, certain portions of Stelling Road lie within the incorporated boundaries
of Cupertino and other portions of Stelling Road lie within the unincorporated
boundaries of the COUNTY; and
WHEREAS, for the best interest of the public, CITY and the COUNTY desire to
have said Stelling Road resurfaced in an orderly and economical manner by having
certain portions of said streets included in the PROJECT regardless of juris-
dictional location.
NOW, THEREFORE, the parties hereto. agree as follows:
ARTICLE I
q.
PROJECT ADMINISTRATION
I: The construction work will be performed by contract. CITY will prepare
the plans, specifications and project cost estimate and will award and administer
the contract pursuant to the laws governing CITY. CITY will make all payments
to contractor, and it will pay all other costs in connection with the PROJECT.
ARTICLE II
FINANCE
1. The PROJECT is proposed to be financed by CITY and the COUNTY. Each
party's share of the PROJECT cost will be based on the construction cost of the
resurfacing improvements within the party's area of improvement responsibility
regardless of jurisdictional location.
2. The COUNTY'S estimated share of the PROJECT cost, is $15,834.83. The
COUNTY agrees to deposit $15,834.83 with CITY.
3. Upon completion of construction, CITY shall determine the actual construc-
tion cost and advise the COUNTY of their share of said cost based on the actual
items of work construction in their area of improvement responsibility at the
respective contract prices.
Should the COUNTY'S final cost exceed the amount deposited with CITY, the
COUNTY shall ,�ay CITY the additional amount within thirty (30) days after billing
by CITY.
Should the COUNTY'S final cost be less than the amount deposited with CITY,.
CITY shall .refund the -excess amount within 30 days of final accounting by. CITY.
ARTICLE III
HOLD HARMLESS/INSURANCE
a) Hold Harmless Provision
The CITY shall include a hold harmless provision in the contract which
shall read substantially as follows:
"Contractor hereby releases and agrees to protect defend, hold harmless
and indemnify the Public Entities from and against all claims, injury,
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liability, loss, cost and expense, or damage, however same may be caused
including all costs and reasonable attorney's fees in providing the defense
to any claim arising therefrom, for any loss of or damage to property
(real and/or personal) and for personal injury to or death of any person
or persons arising out of, occurring by reason of, or in any way connected
with the prosecution of the work by the Contractor or a subcontractor under
this Contract, or in consequence thereof, regardless of any negligence or
alleged negligence on the part of any Public Entity employee to the extent
that such is not in conflict with Civil Code Section 2742."
b) Insurance
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 times during
construction of said PROJECT and until said PROJECT is accepted by CITY public
liability and property damage insurance holding the designated parties harmless.
A contractrual liability endorsement substantially in the form of the attached
Exhibit "A" with limits of liability satisfactory and acceptable to both CITY
and the COUNTY will be required of the Contractor.
The aforementioned insurance shall contain a provision that the insurance
s 1
afforded thereby to CITY and the COUNTY and their respective governing bodies,
officers and employees shall be primary insurance to the full limits of liability
of the policy, and if CITY and/or the COUNTY have other insurance coverage, that
other insurance shall be excess insurance only.
ARTICLE IV
AMENDMENTS
No amendment to this Agreement shall be valid unless made in writing and
signed by the parties hereto.
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ARTICLE V
RECORDS AND ACCOUNTS
CITY shall keep, maintain and render available for inspection by the COUNTY
or its authorized representatives, records and books which will provide a complete
and accurate account of all costs, fees and expenditures made by CITY on said
PROJECT.
ARTICLE VI
TERMINATION
If CITY has not awarded a contract for construction of said PROJECT by June 1,
1981, this Agreement shall be null and void, unless an extension of time is
mutually agreed to in writing.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first above written.
APPROVE AS TO FO
ity Attorney
ATTEST*
City Clerk
APPROVED AS TO FORM:
bounty Attorney
ATTEST:
County Clerk
CITY OF„CUPERTINO
By: � Q � �%
Mayor
By: ► -
City Manager
APR 2 7 9981
By:
By
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DONALD M. RAINS
Chairman
Clerk If the Board
of Supervisors
RESOLUTION NO. 5573
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND THE COUNTY OF SANTA CLAM FOR THE RESURFAC-
ING OF STELLING ROAD
WHEREAS, The City of Cupertino and the County of Santa Clara desire
to accomplish the resurfacing of Stelling Road as a joint project inasmuch
as portions of said road lie within the jurisdiction of the City, and portions
within the County jurisdiction; and
I.7I-IEREAS, a proposed agreement has been presented to the City Council
outlining the terms and conditions of said resurfacing project, 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 March 1981- by the following
vote:
Vote Members of the City Council
AYES: Johnson, Gatto, Plungy, Sparks, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ Barbara A. Rogers
Mayor, City of .Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk