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86-153 County of Santa Clara - Resurfacing of Phil Lane(between Finch Ave & Miller), and TantauBOARD OF SUPERVISORS COUNTY OF SANTA CLARA COUNTY GOVERNMENT CENTER, EAST WING 70 WEST HEDDING ST. / SAN JOSE,CA 95110 / (408) 299-2323 July 28, 1986 Bert Viskovi.ch Director of Public Works Cupertino, California MEMBERS OF THE BOARD SUSANNE WILSON ZOE LOFGREN THOMAS L. LEGAN ROD DIRIDON DIANNE McKENNA DONALD M. RAINS CLERK/BOARD OF SUPERVISORS TELEPHONE (408) 299-4321 P. �.. u �j'.IN Subject: Agreement between the City of Cupertino and the County of Santa Clara for the Resurfacing of Phil Dane between Finch Avenue and Miller Avenue and Tantau Avenue between Sutton Park Place and Shadygrove Drive Dear Mr. Viskovich: Enclosed please find one pink tagged original, two fully executed pink tagged copies, and one fully executed copy of the above-mentioned Agreement. The Board of Supervisors at their regularly scheduled -meeting on July 22, 1986 authorized execution of this Agreement on behalf of the County. Please obtain the necessary signatures on all copies. We would appreciate your returning the pink tagged copies (3) to this office. Very truly yours, R chel R. Zamo a Deputy Clerk rrz Enc. AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE COUNTY OF SANTA CLARA FOR THE RESURFACING OF PHIL LANE BETWEEN FINCH AVENUE AND MILLER AVENUE AND TANTAU AVENUE BETWEEN SUTTON PARK PLACE AND SHADYGROVE DRIVE THIS AGREEMENT, made and entered into on they,-oc day of ,1986, 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". W I T N E S S E T H: WHEREAS, in Fiscal Year 1986--87, 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 Contract"; and WHEREAS, Phil Lane between Finch Avenue and Miller Avenue and Tantau Avenue between Sutton Park Place and Shadygrove Drive in the CITY needs to be resurfaced; and WHEREAS, certain portions of Phil Lane between Finch Avenue and Miller Avenue and Tantau Avenue between Sutton Park Place and Shadygrove Drive 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 Phil Lane and Tantau Avenue resurfaced in an orderly and economical manner by including both CITY and COUNTY portions in 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: 1. SCOPE OF WORK: The scope of the work shall consist of the resurfacing of Phil bane between Finch Avenue and Miller Avenue and Tantau Avenue between Sutton Park Place and Shadygrove Drive. 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 within the respective party's jurisdictional boundaries. CITY's share of the PROJECT cost has been estimated to be $452,000. COUNTY'S share of the PROJECT cost has been estimated to be $18,000, including administrative costs determined to be fifteen percent (15%) of the construction costs. Said administrative costs shall include preparation of plans and specifications, bidding, contract administration, inspection and incidental expenses of this PROJECT. PAYMENT OF PROJECT COST: CITY shall send COUNTY a statement of costs within thirty (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. -2- 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 Phil Dane between Finch Avenue and Miller Avenue and Tantau Avenue between Sutton Park Place and Shadygrove Drive. 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 -3- 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 in forms and limits of liability and satisfactory and acceptable to both COUNTY and 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 and 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 aformentioned 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 WHEREOF, the parties hereto have executed this Agreement the day and irst hereinabove set orth. ATT COUNTY OF SANTA CLARA, a political subdivision of the State of 0..:. Califor a, Clerk, Board of Supervisors DONALD M. RAINS By APPROVED AS TO FORM AND LEGALITY: Ch irperson, ard of Supervisors %' Susanne Wdsoib "County" -� � � ,��` eputy County Counsel AT City of Cupertino, a municipal corporation of the State of California, City Clerk APPRO AS TO!?� By /4? zVG Mayor City Attorney Cupertino "City" -4- RD l�.11' �''' G)A I"�{'� ...L1'L,llII:.�11 I a IP.T- ' I �,,ll �iI s.I" I1 s,7 III II ,.I�i �J I i) If ,4 1 D T r ( �� I\� 1'J � (� �1 �.L_! ' 1' (. •� '� � (�..-J 1 !-1-I-�� �� t j�•' - —..t i � �'.,; �. "' .., �: � H M S'F� � I 1 '• f�f1 � � s• _ I i .11R M 2 ) • ,, , \� ! s - r 1_ ) �c• 1 t � , >. 1 _�. it ■ r,L 4�� " i s �•' m D r r ] TII --- VENS J �,/ H I vst I X I I AT L L L E L p Mu•.\ C; - so �1�j �T\�� �``\� e5•S. f r'Qf/fI �� Ds(ril _� - v. s l .s )j S i` II R �1 LI �� I I f 1�%y ''-rte T Steven• ' r{r ek - Y - - S Retierrw�r ( r "' �` _ - T]._ `�� �--P os s• - ��� `! MROSD ' I� i. C: / � �\\C L� :, S:ps ;., �. _ :{- rl• p , I ■. I iST�VENS COEFT� %�f;I, ? ' \ X r �tAA s. ! lCOI? TY PAK r� \• �.:�1j. r s• - rIjf w , j _ 11lj1 ' i��� j1 ) 1� H ' i u i' ave a• �s � f i `` J —,QTS I� 44 7,�� ON rn rn MAP o t \ v.?� S.D. 5 MRPP ? l~ rel o <<' �]�°� j 4 Ll COUNTY Y , - ILLA MON., TALV i� r AA RBO\R UI COUNTRY PARK' (��.�� �- .� g Hc•, x .;':'r „, UNNYVAL 4- M QUPJTA I N -MOUPJTAIN P K clf✓ `SIG/�\. �, Q �,- ---a <y ` �V1RAS� BMa \ RESOLUTION NO. 6933 A RESOLUTION OF THE CITY OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR THE RESURFACING OF PHIL LANE BETWEEN FINCH AVENUE AND MILLER AVENUE, AND TANTAU AVENUE BETWEEN SUTTON PARK PLACE AND SHADYGROVE DRIVE WHEREAS, there has been presented to the City Council a proposed Cooperative agreement providing for the resurfacing of Phil Lane between Finch Avenue and Miller Avenue, and Tantau Avenue between Sutton Park Place and Shadygrove Drive; which streets lie within the jurisdiction of both the County of Santa Clara and the City of Cupertino; and WHEREAS, the terms and conditions of the cooperative project as outlined in the proposed agreement have been 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 the aforementioned 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 18thday of August, 1986 by the following vote: Vote Members of the Citv Council AYES: Gatto, Johnson, Plungy, Sparks, Rogers NOES: None ABSENT None ABSTAIN: None APPROVED: /s/ Barbara A. Rogers Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk