CC Resolution No. 8458
RESOl1JTIOO ro. 8458
A RESOl1JTIOO OF '!HE CITY CXXJNCIL OF THE CITY OF aJPERTINJ
AmHORIZllG EXECUTIOO OF "1\GREEMENT BE'lWEEN THE CITY OF
aJPERTINJ AND THE axJNTY, OF SANTA CLARA FUR '!HE RESURFACllG
AND PAVEMENT REPAIR OF MILlER FR(M 100 Fl'. NCRIH OF CALIE
DE BARCE:I.CNA 'IO PHIL LANE"
WHEREAS, Miller Avenue fran 100 ft. north of Calle De Barcelona to
phil Lane, lies within the jurisdiction of the County of Santa Clara; and
WHEREAS, the City of CUpertino, as part of its annual street
maintenance program, will be resurfacing Miller Avenue within its own
jurisdiction; and
WHEREAS, the City and the County desire to have the aforementioned
County's portion of Miller Avenue repaired and resurfaced in an orderly
manner by including it in the City's maintenance oontract; and
WHEREAS, there has been presented to the City Council a oooperative
agreerœn.t between the County of Santa Clara and the City of CUpertino for
the pavaœnt repair of the County's portion of Miller Avenue and providing
for the reini:Jursaænt of oost by the County to the City; and
WHEREAS, the provisions, tennB, and oonditions of the oooperative
agreement have been reviewed and approved by the Director of Public W:>rks
and the City Attorney;
NCM, THEREFORE, BE IT RESOLVED, that the City Council of the City of
CUpertino hereby a¡;:proves the aforementioned agreerœn.t and authorizes the
Mayor and the City Clerk to execute said agreaœnt on behalf of the City
of CUpertino.
PASSED AND AOOP1'ED at
City of CUpertino this
following vote:
a regular meeting of the City Council of the
29th day of Julv , 1991, by the
vote
AYES:
Ma1tJers of the City Council
Rogers, Sorensen, Koppel
IDES:
None
ABSENT:
Goldman, Szabo
ABSTAIN:
None
RESOLUTICN 00. 8458
APPROVED:
/s/ Barb Koppel
Mayor, City of CUpertino
ATIEST:
/s/ Dorothy Cornelius
City Clerk
AGREEMENT BEIWEEN THE CITY OF, C1Jl'~'liIO AND THE
0XJNl'Y OF SANI'A CU\RA FOR '!HE RESURFACING
AND PAVEMENl' REPAIR OF MILIER F.OCM 100 f NORIH OF
CALlE DE BI\.RCE:IDNA 'IO EHIL lANE
This AGREEMENT, made and entered into the
date
JUl 2 1991
, 1991, by am between the Cl'I'Y OF ŒJl'~'.rno, a
of
municipal corporation of the state of california, hereinafter referred to
as "Cl'I'Y", and'the 0XJNl'Y OF SANI'A CU\RA, a political subdivision of the
state of califo:l:nia, hereinafter to as "0XJNl'Y".
WHEREAS, in Fiscal Year 1990-1991, CITY plans to award a contrac.t to
resurface certain public streets with asphalt con=ete, together with all
work necessary to complete the resurfacing, which improvements shall be
hereinafter referred-to as "city Contract"; and
WHEREAS, Miller Avenue fram 100 I North of calle de Barcelona to Phil
lane in the 0XJNl'Y neeÇIs to be repaired and resurfaced; and
WHEREAS, this portion of Miller Avenue lie within the jurisdictional
limits of 0XJNl'Y; and
WHEREAS, for the best interest of the public, Cl'I'Y AND 0XJNl'Y desire
to have said portion of Miller Avenue repaired and resurfaced in an
orderly economical manner by includ.irB' this 0XJNl'Y portion of· Miller
Avenue in the city Contract.
NCW THEREFORE, for and in consideration of their mutual promises and
:. "I .. . . . . .
agreement, and subJect to the term, conchtlons, and provlS10ns herell1élfter
set forth, the parties hereto do hereby agree as foll=:
1. sroPE OF IDRK: 'fue scope of work shall consist of the repairing and
resurfacing of Miller Avenue between 100 I North of calle de Barcelona
,.
and Phil lane.
,.
2. PlANS, SPECIFICATIONS AND ESTIMATES: CITY shall prepare, or cause to
be prepared, plans, specifications and estimates for PROÆCl' and shall
suJ:rnit said plans, specifications and estimates to COUNTY for COUNTY's
approval.
3. AWARD QF CONl'RAcr AND CONSI'RUCITON: The construction work shall be
"
perfonned J;¡y contract awarded and administered by CITY pursuant to the
laws governing CITY.
4. COST SHARING OF PROÆCl': The PROÆCl' is proposed to ,be funded by CITY
and COUNTY. ,Each party's share shall be prorated on the construction
cost of the resurfacing linprovements and repair within the respective
party's jurisdictional boundaries. COUNTY's share of the PROJECI' cost
has been estimated to be $32,000.00, including administrative costs
lj
determined to be fifteen percent (15%) 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 PROJECI'.
5. PAYMENT OF PROÆCl' COST: CITY shall send COUNTY a statement of costs
within (30) days of completion of construction contract for PROÆCl'.
COUNTY agrees to pay CITY within thirty (30) days of issuance of said
statement.
a. Upon conq:>letion of PROJECI', CITY shall determine the actual cost
and advise COUNTY of COUNTY I 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 PROJECI' shall be determined within thirty
(30) days after conq:>letion and a=eptance of PROJECI' by CITY.
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 Miller Avenue between
100' North of Calle de Barcelona and phil Lane.
7. MUI'!.JAL INDEMNIFICATION:
Hold Hannless: It is mutually understood and agreed:
a. That neither COUNl'Y, nor any officer or employee thereof, shall
be responsible for any damage or liability =ing bY,reason of
anything done or omitted to be done by CITY under or in
"
cormeçtion with any work authority or jurisdiction delegated to
CITY under this Agreement.
It is also understood and agreed
that, pursuant to Goverrunent Code Section 895.4, CITY shall fully
indemnify and hold COUNl'Y hannless from any liability inlposed for
injury (as defined by Goverruuent Code Section 810.8) =ing by
,
reason of anything done or omitted to be done by CITY under this
Agreement under or in cormection with any work, authority or
Ii
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 =ing by reason of
anything done or omitted to be done by COUNTY under or in
cormection with any work, authority or jurisdiction delegated to
"
COUNl'Y under this Agreement. 'It is also understood and agreed
that, pursuant to Goverrunent Code Section 895.4; COUNTY shall
indemnify and hold CITY hannless from any liability inlposed for
injury (as defined by GoVerJ11)16l1t Code Section 8l0.8) =ing 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 ~id PRO:Jær to se=e and maintain in full force and
effect at all times during construction of said PRO:Jær and until
said PRO:Jær is accepted by CITY, public liability and property
damage insurance in forms and limits of liability and
· j' ~
satisfactory and acceptable to both COUNTY and CITY, naming
COUNl'Y and CITY and their respective officer, employees as
insureds, from and against any claims, loss liability, =st or
expense arising out of or in any way connected with the
construction of said PROJECl'.
The aforementioned policy shall, contain a provision that the
insurance afforded thereby to CITY and COUNTY and their
respec1:ive officers and employees shall be prlinary insurance to
the full limits of liability of the policy, and that if CITY or
COUNTY, or their respectiy,ª. officers and employees, have other
insurance against a loss covered by such policy, such other
insurance shall be excess insurance only.
IN WITNESS WHERIDF, the parties hereto have executed this Agreement the
day and year first hereinabove set' forth.
Pi
L4\
COUNl'Y OF SANTA ClARA
a Political šllixlivision of the
""''" of ~
" By~son, Boar f supervisors
~, DlaRne McKenna
Clerk, Board of supervisors
DONALD M. RAINS
APPRoVED AS 'IO FORM AND LEGALITY:
~~~
"cOlmty"
ATI'EST:
City of CUpertino, a municipal
corporation of the state of
California,
city Clerk
-'
APPROVED AS TO FORM:
By
Mayor
City Attorney
CUpertino
"City"
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