CC Resolution No. 8452
RESOllJTION 00. 8452
A RESOUJTICN OF THE CITY <XXJNCIL OF THE CITY OF CUPERTIOO
AU'lHORIZIOO EXECUTICN OF 1\GREEMENT BE'IWEEN 'DIE CUPERl'II!D UNION
SCEmL DIS'lRIcr AND THE CITY OF CUPERTIOO PROITIDIOO FOR THE
AtMINIS'lRATION AND <nffi'lROCTICN OF IMPROI7I!M!Nl'S Kr THE
~ SCEmL SI'lE AND 'DIE ~ PARK SI'lE
WHEREAS, it is the desire of the CUpertino Union School District and
the City of CUpertino to rooperate in the construction of ilIprovaœnts at
the wilson School site and the wilson Park site inasImJ.ch as said
properties share a UAI..t.J11 boundaI:y¡ and
WHEREAS, an agreaœnt bet\.1een the b.u parties is subnitted to the City
Council providing for the administration and oonstruction of the necessary
iIIproverænts ¡ and
WHEREAS, provisions, teJ:rns, and conditions of said agreement have been
reviewed and a¡:proved by the Director of Public W:>rks and the City
Atto:rney¡
N:M, THEREFORE, BE IT RESOLVED, that the City Council of the City of
CUpertino hereby a¡:proves the aforaœntioned agreement and authorizes the
Mayor and the City Clerk to execute said agreement on behalf of the City
of CUpertino.
BE IT FURl'HER RESOLVED that the City Clerk is hereby authorized to
record said deed and this Resolution.
PASSED AND ADOPIED at
City of CUpertino this
following vote:
vote MaIDers of the City Council
a regular meeting of the City Council of the
] 5th day of .July , 1991, by the
AYES: Goldman, Rogers, Sorensen, Szabo, Koppel
N:ES: None
ABSENT: None
ABSTAIN: None
ATl'EST: APPRO\TED:
/sl Roberta A. Wolfe
City Clerk, Deputy
Isl Barb Koppel
Mayor, City of CUpertino
AGREEMENT
THIS AGREEMENT, ENTERED INTO ON
, 1991 BETWEEN
CITY OF CUPERTINO, a body
politic and a municipal
corporation of the state of
California, referred to herein
as "CUPERTINO".
AND
THE CUPERTINO UNION SCHOOL
DISTRICT, a local agency of
the State of California,
referred to herein as
"DISTRICT".
RECITALS
(1) CUPERTINO and DISTRICT contemplate construction of
the improvements required by the final improvement plans for
Tract No. 8332 including streets, curbs, gutters, sidewalks and
underground utilities, referred to herein as "PROJECT", and
desire to specify the terms and conditions under which this
project is to be installed, financed and maintained.
(2) THE DISTRICT will act as lead agency. The
DISTRICT, CUPERTINO and GHENO will share the expense of
preparation of plans and specifications, construction
engineering, construction costs and necessary equipment purchase
required to complete the PROJECT. CUPERTINO and DISTRICT will
bear the full cost subject to reimbursement by GHENO of his share
of that expense pursuant to the Reimbursment Agreement, Exhibit A
hereto.
SECTION .!
CUPERTINO AGREES:
To pay DISTRICT within thirty (30) days of receipt of
billing therefor (which billing will be forwarded after December
1991) an amount to twenty-two percent (22%) of the final
construction costs or One Hundred sixty-seven Thousand Dollars
($167,000 ) whichever is less. An example of the schedule is
shown below as Exhibit B and incorporated herein by this
reference. In no event shall CUPERTINO I s total obligation for
said costs under this Agreement exceed the amount of One Hundred
sixty-seven Thousand ($167,000) provided that CUPERTINO may, at
its sole discretion, in writing, authorize a greater amount.
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SECTION II
DISTRICT AGREES:
(1) To provide advertisement, bid opening,
the contract, contract administration and all
construction engineering services for the PROJECT.
award of
necessary
(2) Prior to advertisement for. construction of
PROJECT, to submit said plans and specifications to CUPERTINO for
review and concurrence as to conformity to CUPERTINO's standards
and/or existing facilities.
(3) To construct the PROJECT by contract in accordance
with the plans and specifications of DISTRICT.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) Neither CUPERTINO 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
DISTRICT under or in conjunction with any work, authority or
jurisdiction delegated to DISTRICT under this Agreement.
Pursuant to Government Code Section 895.4, DISTRICT shall fully
indemnify and hold CUPERTINO harmless from any liability imposed
for injury (as defined by Government Code section 8l0.8)
occurring by reason of anything done or omitted to be done by
DISTRICT under or in conjunction with any work, authority or
jurisdiction delegated to DISTRICT under this Agreement.
(2) Neither DISTRICT 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 conjunction with any work, authority or
jurisdiction not delegated to DISTRICT under this Agreement.
Pursuant to Government Code section 895.4, CUPERTINO shall fully
indemnify and hold DISTRICT 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 or in conjunction with any work, authority or
jurisdiction not delegated to DISTRICT under this Agreement.
(3) Should any portion of the PROJECT be financed with
Federal funds or state gas tax funds, all applicable procedures
and policies relating to the use of such funds shall apply
notwithstanding other provisions of this Agreement.
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(4) After opening bids for the PROJECT and· if bids
indicate a cost overrun of no more than ten percent (10%) of the
estimated cost of Four Hundred Fifty-three Thousand Dollars
($453,000), DISTRICT may award the contract.
(5) If, upon opening of bids, it is found that a cost
overrun exceeding ten percent (10%) of the estimate will occur,
CUPERTINO and DISTRICT shall endeavor to agree upon an alternate
course of action, such as proportional increases in the financing
by each party. DISTRICT shall no be obligated to award the
contract unless such agreement is reached. Notwithstanding any
such overrun, DISTRICT may award the contract, without consent of
CUPERTINO, if DISTRICT agrees to assume financial responsibility
for the cost overrun.
(6) In the construction of said work, DISTRICT will
furnish a representative to perform the usual functions of a
Resident Engineer.
(7) DISTRICT 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 DISTRICT and
CUPERTINO, public liability and property damage insurance in
forms and limits of liability satisfactory and acceptable to
DISTRICT and CUPERTINO, naming CUPERTINO and DISTRICT and their
respective officers, agents, and employees as insureds, from and
against any and all claims, loss liability, cost or expense
arising out of or in any way connected with the construction of
said PROJECT and to indemnify and hold harmless those entities
and individuals from all such liabilities.
(8) CUPERTINO hereby grants to DISTRICT and its agents
and contractors all necessary authority to perform within the
boundaries of CUPERTINO any and all work required to perform the
terms of this Agreement upon securing all necessary permits from
city and other agencies.
(9) This Agreement shall terminate on September 30,
1991, if DISTRICT has not awarded the contract for the
construction of the PROJECT prior to that date. Otherwise, this
Agreement shall terminate upon receipt, of CUPERTINO's
reimbursement as specified in Section II.
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By:
CITY OF CUPERTINO
CUPERTI
Mayor
city Clerk
Attest:
Clerk of the Board
of Trustees
Attest:
APPROVED AS TO FORM AND
LEGALITY:
APPROVED AS TO FORM AND
LEGALITY:
city Attorney
Counsel
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EXHIBIT A
REIMBURSEMENT AGREEMENT
[Agreement between city, District and Gheno for Cheno to
reimburse District and City for improvement costs shall be
labeled Exhibit A and attached here upon execution of
Reimbursement Agreement.]
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EXHIBIT B
(EXAMPLE OF PAYMENT SCHEDULE)
DISTRICT bid opening date June 17, 1991
DISTRICT award of Contract for Project July 5, 1991
DISTRICT'S bill to CUPERTINO November 29, 1991
CUPERTINO's repayment (due within 30 days) December 30, 1991
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