HomeMy WebLinkAboutBollinger Road - City of San Jose - 1971 city of San Jose - Bollinger Road
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CITY OF CUPERTINO
10804 TORRE AVENUE s CUPERT.INO, CALIGORNIA 95014 yr
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I OFFICE OF THE DIRECTOR OF PUBLIC wOR'KS TELEPHONE 2d2-450S
April 21, 1971
Our Pile: 98,015.1
Mr. A. R. Turturici, City Engineer
Ci1:v of San JDse
801' North First Street
San Jose, California. 95110
Attention: '!r. Art Mendoza
Dear Sir:
Re: Bollinger Road Improvement Project
Enclosed please find three copies of the agreement between the
City of San .rose and the City of Cupertino relative to the referenced
project. These have been executed by Cupertino and our Resolution No.
3048 authorizing said execution is attached. After action by San Jose,
we would appreciate receiving a fully executed copy.
Thank you for your cooperation.
Very truly yours,
CIr1 OF CLTERTINO
Lee//''Yarborough
Director of Public Works
sm
encl.
ws
CITY OF SAN JOSE
CALIFORNIA
CIT♦ MALL
TClHPMOOlB 292•3141
CITV CLERK
JUN 1971
c� w
Vune 7, 1971
/ 91
City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, CA
Jertiemen:
Enclosed is an executed copy of FOR Ti E CONSTN :C_%ON
OF U.' k r _ 07 Z ;-E? ROAD Bi,7VEEN S ARATri:A-
N_ n,. 7 7 lip
for ;our files.
Roy - ubba u
k9sistant City Clerk
By: '•'rs. Linda Crosby
City Clerk
Cqy OF
FOEl1C li'GRK$
Enclosure
Jf 'q
N6EIVEU
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RESOLUTION NO. 3048
A RESOLUTION OF THE CITY COUNCIL OF THE CIT:' OF CUPERTINO
AUTHOkIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE CITY OF
SAN JOSE FOR THE CONSTRUCTION OF IMPROVEMENTS ON A PORTION
OF BOLLINGER ROAD
' WHEREAS, the dity of San Jose is proposing to construct street
improvements on Bollinger Road between Saratoga-Sunnyvale Road and
Johnson Avenue; and
WHEREAS, a portion of Bollinger Road is within the corporate
limits of the City of Cupertino, which portion is more particularly
described in an agreement; and
WHEREAS, Cupertino is desirous of having said portion of Bollinger
Road within the corporate limits of Cupertino improved at the same time
as the balance of the project within the corporate limits of San Jose
is improved; and
WHEREAS, there has been presented to the City Council an agreement
by and between the City of Cupertino and the City of San Jose for the
improvement of Bollinger Road, and the provisions and. conditions t1, rein
having been approved by the Director of Public :;orks and the City
Attorney;
NOW, THEREFORE, BE IT RESOLVED, thzc the ''.a or 311d the City; Clerk
are hereby authorized to execute the agreeent 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 5t h. day of r.. r'il 1971, by the following
vote:
AYES: Councilmen - Fitz, erald, F_' 11.ei., areP.ri, o es
NOES: Councilmen - N ne
ABSENT: Councilmen - Neel
APPROVED:
ljl Gary G. S okes
Mayor , City of Cupertino
ATTEST:
THIS IS TO CERTIFY THAT THE WITHIN
INSTRUMENT IS A TRUE AND CORRECT COPY
OF THE ORIGINAL ON FILE IN THIS OFFICE.
. Isl Wm. E . Ryder ATTEST
—" CITY CLERK OF THE CITY OF CUPERTINO
City Clerk
BY
CITY LERK
ff?:RwH:rs-6
3/23/1-1
AGREESM? Mrk= THE C337 OF SAN JOSE AND THE CITY
OF CUPERTID10 FOR THE ION OF IMPROVEMENTS ON
A PORTION OF BOLLINGER ROAD BETWEEN SARATOGA-SUNMTALE
ROAD AM J01MON AVEME.
THIS AGMSMMr made and entered into this 5th
day of
April 1971, by and between the City of San Jose, a munic-
ipal corporation of the State of California, hereinafter referred to as
"San Jose, " and the City of Cupertino, a municipal corporation of the
State of California, hereinafter refer-red to as "Cupertino";
W I T N E S S E T H
WHEREAS, San Jose is proposing to construct street improve-
ments on Bollinger Road between Saratoga-Sunnyvale Road and Johnson
Avenue, and
WHEREAS, a portion of the proposed street is within the corp-
orate limits of Cupertino, which portion is more particularly set forth
In Exhibit "A" which is atotached hereto and by this reference made a.
part thereof, and
WHEREAS, Cupertino is desirous of having said portion of
Bollinger Road within the corporate limits of Cupertino improved at
the same time as the balance of raid project which is within the corp-
orate limits of San Jose is improved, and
WHEREAS, both municipal corporations are desirous of entering
into an agreement to make the proposed street improvements,
NOW THEREFORE, for and in ccnsider-ation of their mutual pror-ni-se-z
and the other terms, covenants and conditions hereinafter set forth, San
Jose and Cupertino agree as follows:
1. Plans and Specifications : San Jose, at its sole cost and
expense, shall proceald with diligence to prepare plans and specifications
for the improvement of Bollinger Road, including that portion of said
road which Is within the corporate limits of Cupertino.
2, fiward of Contract. After approval by San Jose and Cupertino
of the plans and specifications for the street improvement project above
described, San Jose shall advertise for bids for the construction and,
oubject to and in accordance with applicable laws, award a contract or
contracts for the construction of the street improvement, and shall fur-
n1sh a. l engineering services and inspection necessary for the completion
of the improvement in accordance with said plans and specifications.
3. PaayMnt by Cupertino. Within thirty (30) days after the
effective date of this agreement, Cupertino shall pay to San Jose the
sum of pour Thousand Six Hundred Fifty-five Dollars ($4,655.00); and
within thirty (30) days after acceptance by San Jose of the street im-
provement, Cupertino shall pay to San Jose an additional sum of Eight
Hundred Forty-five Dollars ($845.00) . The aforesaid payments by Cupertino
to San Jose are based upon the following cost estimate for making the
street improvements within the portion of the street improvement which
Is within the corporate limits of Cupertino.
Clearing and Grubbing - Lump Sum $ 100.00
Excavation - 280.00 Cu. Yd. 644.00
Aggregate Base - 432.00 Tons 1,080.00
Asphalt Concrete - 135.5 Tons 10287.00
Curb and Gutter - 287.00 Ft. 660.00
Sidewalk - 1247.00 Sq. Ft. 624.00
Concrete Driveway - 160.00 Sq. Ft. 160.00
Prime Coat - 1/2 Ton 25.00
Paint Binder - 1/4 Ton 25.00
C.M.E. - 1/2 Ton 50.00
Engineering Fee 845.00
Total Cost to City of Cupertino $5, 500.00
4. Use of Sto-rm and Sanitary Systems . Cupertino agrees that
it will not cause, allow or -permit any connection to be made to the San
Jose sanitary or storm sewer systems from lands of Cupertino that are
shown in Exhibit "A" or from lands adjoining thereto unless and until
Cupertino shall pay to San Jose the required area sanitary and storm
sewer fees for the use of said sewer systems.
-2-
.s :- �2 Sar. , ose shall r cqu_r2 any contractor that
�:.e contract for t .e street improve ent project to obtain,
a ... tie2p 2r. i 11 for-e and ef2Ct ;::]til t112 improvement IS accepted by
;a Jose, public liability and property damage insurance in forces and
fits of liability that are satisfactory and acceptable to both San
;ose a d '- a=tino. Said insuranr shall insure San Jose and Cupertino ,
:respective officers an c employees , from and against any claim,
e- -S , -:ability , cosz or expense arisi-- out of or in any way connected
..e s zreet i::prover:ient project .
;_ \ASS ::.� � zuw- \ Z: U:i tie Gay and year first herein-
....i tJ ✓.� Jet dlJr.r..
-. :0 :C L`•:. Ci_ ' C _= ti ,:OSE�unicipal.
Vn
'r r � /'� rG�.✓K� by
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ty ""anager
7 "San Jose"
CT-,"" 0--" CUPERTINO a riunicipal
_ co.-porar_or ,
FRA S L. 6REI NER /
Mayor, C y artino
r
1r>.ci
"Cupertino"
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t C�CUPERTINO CITY LIN,IT LIN!
I j 1 280.30, r VX.TC 241.22 .
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216.42 �.
=2� •'�0�°'�e +�� CONFORM TO EX.
59 \ CURS a GUTTER
Seizo Ito Michel Beck
,Aiako Jrb' Eunice Beck
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• TRACT � \�� • 642
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FPP:M-M:re-B
4/29/71
RESOLUTION NO.. 39643
RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN JOSE AUTHORIZL.G THE EXECUTION OF AN
AGREEMEW WrrH THE CITY OF CUPERTINO FOR
A COOPERATE aGREE:SNT TO IMPROVE A PORTION
OF BOLLI.:G�R ROAD BET14EEN SARATOGA-SM311 VALE
ROAD AND J&; .SON AVENUE
BE IT RESOLVED BY THE COMMIL OF THE CITY OF SAN JOSE:
7he Uyor and the City ?tanager are hereby authorized to execute,
on behalf of the City of San Jose, an agreement with the City of
Cupertino entitled "Agreement Between the City of :.an Jose and the
City of ^> .-�ertino For the Construction of Emprovements on a Portion
oi' Bollin-er Road Between Slarato-a-5,A,nnyvale ~cad and ionnbo22 r►VF?:.8,
form Jated `/G 3J 71, a copy of nlch a,-jr ceer-ne:2t is the off ice G t'i e
C.�.L;j (:1 �(� to •.JhiCn relerr nct- l:; '1_r-er':l ••- - '-- - _ - - .:'S .
rn
lZ a>;-2� rent Y:o•:ioes, a^:o:, o_ner t:.:. th -''e
:pan Jose will prepare the plans and s_ec1f1c.; ion-s e
of a por�;icn of Bollinger Road above- menriened.
of said road that is within th.e corporate of City of
tino, and .upon approval of said plans by t :e City c" Z'an Jose and she
City of :;wpertino, to award a contrac� for the cor.str^_:t3cr, of the
street i 2prore.ments proviaed for in said pla:.s an-d 1 '1: ^tions .
t:: thin :0 nays after the effective date of t e a_;reer-rent, C' per-
tino rill pay to the City of San Jose the and within
?0 3 .sis ,.I'ter acceptance by San Jose of the street i^provements, Cuper-
tino will pay to San Jose an adcitional sum o.*" :or a total
payment in the sum of 5, 500-CC. This sum represents the estimated
cost of the said street improvements within the corporate limits of
Cupertino.
-1-
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ADOPTED this 24th day of May , 1971, by
the following vote:
AYES: Councilmen a Col la, Gogl io, Gross, Hays, Mineta, Shaffer
and James.
NOES: Councilmen None
ABSENT: Councilmen - None
RONALD R. JANES M3.yor
AWE ST:
FRANC I S L. GRE I NER "i ly
The attached is a full , true and correct
copy of the original now on file in
my office.
V
m
ATTEST:
v Francis L. Greiner, City Clerk
of the City of San. Jose, Calif.
Ci4By:
Deputy
0
Dated: ei a(0
Form No. 170-40
-2-
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UL"OlUiTION N-6. 3)XI
A Tl:, COUToCIL oi- ('t7Y OC CLTPEKTT,')')
jT IT14 01 j. T
' D THE CT"' TO i_.%.i-C' TT
'llLT!'-,E. T `F CITY OF C."_:, 0 11`0 A":i Ti" OF
S!,Ji JOSE IC)R A T') P;STAL',
FACLATTES A'i.*,) JOp OF
PO "RT-101; OF BOLLINGER T
{;-,id 1.-eti.ieen Avrondnto ;,Till
k-S ve
r:. T 0, 11, zn, }0r b c, F'c
li.i-,'i.r T',oal(; i, is are... Avcnclale anc' lCltz.,nLv, a--,
c !2! ;lilt lIl at ti�c_ So2)7%0 L
LI!L I)rz)j- v L k:-' ,.1 1:1 C:I" a C_' j-. t:S 0
_i.,; .2 -.3 V I C
J Lt. i u o r i t
t
T
pres- r�dl t:) t 1:,
C! a.11_� if, C", tv
o" I
Gl-
0' 5eP
VoLt,
AY I
Frolich, Jackson, Meyers, Nellis, Sparks
NOEL' None
AS:�I NT None
ABSIAIN: None
ATTEST-
Isl Reed Sparks
cit-v W-
WWII
September 23, 1974
Anthem Turturtal, Director
Departowwt of Public Works
City of San Jose
801 Worth First street
San Jose, California 95LIO
Ar,REPJiE'.':T R T'RP CITY OF =4 JOSE AND CT"? OF
CL'PERTINO FOR PAS OF COSTS FOR THE flF.SI ,,.CINC
AND STORM RUNOFF DRAINAGE OF A PORTION OF EOLLINGER
ROAD.
Enclosed you grill find four (4) sets of the reference agreement
together with Resolution Number 3730 authorising said agreement.
These have been executed by the City of Curertino and are trans ltted
for action by the City of San Jose. After execution by San Jose please
return the indicated copy for our files.
fail. E. RYDER
DIRECTOR OF ADMINISTRATIVE SERVICES
or
emclu.
s
..-ago
-
CITY Of SAN JOSE
CALIFORNIA
CITY HALL
M.WOW TELEPHONE 277-4000
CITY CLERK
October 25, 1974 '� J
U
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Enclosed for your files is an executed copy the
Agreement for Payment of Costs for the Resui icing
and Storm Runoff Drainage of a Portion of Ballinger
Road.
` q- <
Linda Kawasaki
Enclosure
City ffiY1 City of Cupertino
S:DCA:'c 10300 Torre Avenue
Cupertino, California 95014
A rREEIEN•T BETWEEN THE CITY OF SA r jGSEE A.ND CITY Of-
CUPERTINO FOR P Y.M...'TT OF COSTS FOR T'� �PSUPFACIYq
A_'a"D STOP?o RLNOF_ DRAINAGE OF A PORTION- `F Oi L T_ _-.
ROAE.
THIS A 37-1EEENT, made and entered into this 4th day of
September , 197L, by and between the CITY G1F SA i DOSE,
a municipal corporation of the State of California (hereinafter called
,.City' and the CIT)' OF CUrERTINO, a r_iunicipal corperatior cf the State
of California hereinafter called "Cupertino" );
W I T Ii S T U
U'apertino and Citv wish `.o _rn,ro-.7e and dra___ =cllir?ger
t= �:,r Y', r n .r Ca a�a 1r of _ 7^o Girt'^ - and Y,-
oad t tween lint o �a. e _ :d 1 gas e _ �_ a. co._
str,,iction "_f ..`,or" J raina;e facilit'.es, and
...�te1'�al�' Se+a for resur_ :_� �': _-:_F _ s��on
�Or�lO?.s c-- -.-!.e roa_ r";X=. ._`e1v
rC l }:_.. F 1 ._ s Or v ert_..n _ r r ._....
.-.• _ c or% �_.. , o., __..__ _ //..fi�e� ��._ l o x•
_•o— 3UC t
r!e
r0mev
ala.l- z,� s `_seer
- t:,� a r.d 2u,.eitino wis.-. to pro I _ _'or
-�spectiVr s}:ares o2 the costs Of resurfacir an 1 saiJ
road called the ro:;ect` ) ; ard
it is in t't"ie best interest of orc,�r1v a_-A ccof.c.:__c von.
struction ractices to complete said -'-=ro:;ect throw,. .`oirt a io, of
t'-e City and Cupertino ar.d under a single cor.st_ruct_o!1: cortrac-_ awarded
and administered by the City.
-1-
NOW., THEREFORE, for and in consi3eration of their mutual promises,
covenants and agreements hereinafter set forth, and sLrject to the
terms, provisions and conditions hereinafter set forth, the parties
here to do herebyaoreF as follows :
1. Preparation of Flans and Specifications. City shall prepare
Plans and Specifications for said Project and submit copies of said
Flans and Specifications to Cupertino for approval thereof. upon ap-
X' pro\, �:l tv Cupert�2.no, City shall advertise said Prod= for bid and shall
award a contract to be supervised to completion by e City.
In the exercise of this joint powers agreement, San Jose shall be
the administering acrPncy and as suer: sha.11 possess all powers comimor tc
both car. • ose and Cupertino whicri may be necessary to effectuate the
p .Irpose of ;his agreement, S'zb_ect Only to the manner of exercise Gf
sue pOY: 's cra'_rlded :,erein and the restrictions �' :used ,-,r la '1 G!
v.ar. .rose it the exercise of suc'ii omens.
_ . a ert i no' S : 'nano of Cost. ,, .�-in i.r' !<i ) d9--s =r p-
n-roval 'Apertir7o o7 t� _ l . :S 1.__a ,_ rie•c_ficatio _s _`'Or Said
Ire rt=_. ti .. 11. 10 ~� \ ) l` :� for tC F-: r'isur'= -.ci - o"
illll =` 0=:.3 rll."to e a._ . 1,_t_-2 S r.
i'Or co,-ruction of rryy.l e S �p .rox!_...�1e1 ?t . S: O
µrl r � ; �._e , t ) '�{ . G+ _'G_ ?. r, ._Strzctia . of ;,c a_ _ :� s-
G° s t a :o _lw .e� r. -_. e; a:.d (d )
Or c �r _IC` i or, c S .G:._ from =1 a,. Ate.
''i._ c
al s �..,.. �� � r•ee:: , for a to��l ._ •_z:�. a� _ �_ _ TI it;i T 2
COI;u cost O�` -,,.e ��Ort 0'.S va
r'o.,`ec w_ r._ __ t'_e li..._ e oi' 1 U_ r .o, or whic% u='air lairds
of "'Irerti-no. S -_,sea i._ F21: .;:;r'ee . e'-- . the
t ot. cosh:" s'r.f.11 Tear. total of Il costs incurred and exrer,jitures
connection with. constructing said r'oject, inclaJinr,
engineering costs and expenses, cos�s and expenses of preparin - laps
and .Sreci- ications, costs and expenses for inspection,, p-O'lication,
arivertisina and printing, cost of extra work and materials in connect
tion wit'n such work authorized .'T !'ity, cos t of all materials ,_o, in-
6
eluded in the contract price of Said construction contract expended on
said YrGject.
3. Insurance. City shall require any contractor awarded a con-
tract for any portion of said Project to secure and maintain in full
force and effect at all times during the, Construction of said Project,
and until said Project is accepted by City, public liability and property
damage insurance in forms and limits of liability satisfactory and ac-
ceotable to both City and Cupertino and ,heir 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
Project.
The aforementioned policy shall contain a provision that the in-
surance afforded thereb- to City and Cupertino and their respective
officers and employees shall be primary insurance to the full limits
of liability of the policy and if the City or Cupertino or their re-
spective officers or employees have other insurance against a loss
covered by sl.ch policy, tr.at other insurance shall be excess insurance
onl tr.
Final .'-'iccounti?_ ' pon COI2pletiOTi of the _ rcject, ri u' sr:All
suc,.,.it to C" _certino a fial acco,rti.__ of tine total construction_ C.•s ,.
the ent t?-,is f___al accounti_ J shows -that o a^�oun_t aj-7c___Ce:
1 E�`.i�.= =4 .1tV u.:' � ' = aragra` _ -__-reof, is less than seve--,ee:-_
of the o ai construction Cos` for
S.PI C1_ c�.lii der =Oad ' et.,'een ry�on `ane and
of total construC':,io:_ Cost for tC!C dry._._
1 _ 1 CX-_._ -el�.f `"_ _ ' east of �.'l?._�tOr! Lane, six and
r,erc e_. , C- ?.-ht Coi-,struction Cost -,'or
ee:_ _ �:roxi�1atel , east of 1 ,--o�_
t` az_.. ._..-rt -? �,:.e .._._:.d red t h s I-e i'C e• _ t,_ _
f
Cos', for the dr .e __acili,.ies
_o ai a. izas 'reek ,'upertiro shall 1-.e ity t?.e aiffererc�
s x-, U) :�r -s frog- receipt. of f i_ al ...ecountino -owever,
_ _!`..al aCcour _ing shows tf",e an-,Cunt advanced by -r- _..
to �'i`- u!-.der =aragraph r--ereof is -ore than the seventeen, and four-
te_-ths (1#'. *) percent of tr±e total construction Cost for the resurfac-
is of ' olli�.--er :goad be-weer �.rlingtc,. Lane and Calabazas Creek, f ift,-,-
t erCe? t ( ,i =) of the total Construction cost for the drainage facili tie.
at approximately 300' Past of :.rlir:gton Lane, six and fifty-seven hun-
dredths (�-57) percent of the total construction cost for the drainage
4 -
Y• V i
' s
facilities between approximately 300' east ofrlirjgtonane tolanev
Avenue, five and thirty-nine hundredti>_s (5.39) percent of the total con-
struction cost for the drainage facilities from Haney '.-venue to
Calabazas Creek, the City shall return the difference to Cupertino
within sixty (60) days from receipt of the final accounting.
5. Records and Accounts. City shall keep, maintain and render
available for inspection by Cupertino 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 cons tructio:n of said
rro-lect.
0. Annexation. Tn the event anily port; on of
i^its of said :7-roject is annexed to '`it} before s-e -Ja-e f a ro al
of said -lans and Specifications by Cugerti_ro,
the total co:nstruc-ion. cos- shall be re.,uce
of territor , _. nexed.
7. _er -io' - -_E c�reerie-t c-_all terrni''._ ,= - -
i f _ty __as __C: a-aarded a contract for co -r� �i0.r_ C-
'".S uC�
Cr�Cr of S'1_c'_ -,e-rm,ir a
fur_: to ce: ._ro all su s adv .r_ced u.r er =wr= 'rat,.
s e-,
—.V_l -_J1_ • �L:___.%.lam_.
_ i'.'' siot 1 eI �Orr•.e ,
�zd�
i +fir Clerk -
..:•u�_ici_ aI co�•�ora.,_o:_
.._i�.S T.
._GYso r
C y Clerk r._d
City -tanager
d11PpROV Ott:
Cupertino"
address• 10300 Torre Avenue
Bob Wenzel, City Ateorney .
-4- CupeY'ino, California 95014
u _ r.
CITY OF SAID; JOSE
1 4
R N A
9'3; V. FIRST ST,
$Ali JOSE CA 9!110
a r i c TELEP�CNE 4ria, Z77-4"0
OtPARTME%T OF PUBLIC WORKS jpr7 3
11r. Bert J. Vi:7kovi---�--
Dil-ect-01,
City
C u--)e t i-10 CI
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v -i f7 ch f 1-.lc to be se
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A. R. TUTRTURICI
Di r-c'or 0
1),1,7 1 it
Worlm
L
BY: Floyd L. Gier
DeDuty Director
ART:FLG:C,P
:7W
orm date
3/11/74
THE C ZTY OF SAD
JOSE AIM CITY or CfIPBRTnO POD PAY-
MRr
OF COSTS FOR TBB RESURFACBM
or A PORTION OF BOMIRMR ROAD
THIS AGgEEMM, made and entered into this nth day of
April 1974, by and between the CITY OF SAN JOSS,
a emmicipal corporations of the State of California, hereinafter referred
to as "City", and the MY OF CUMIT190, a municipal corporation of the
State of California, hereinafter referred to as 'Cupertino"
TirMSSS :
WHEREAS, Cupertino and City wish to improve Bollinger Road be-
tween Blaney Road and Sunnyvale-Saratoga Road; and
WHEREAS, the materials used for resurfacing the abovementioned
pe-•_ions of the abovementioned road, will be placed approximately 17.4
percent within the limits of Cupertino, and approximately 82.6 percent
within the limits of City, and City and Cupertino wish to provide for
tht payment of their respective shares of the costs of resurfacing the
said road, (herein for convenience, referred to as "said project") ; and
WHEREAS, it is in the best interest of orderly and economic con-
struction practices to complete said project through joint action of
the City and Cupertino and under a single construction contract awarded
and administered by the City.
NOW, THEREFORE, for and in consideration of their mutual promises,
covenants and agreements hereinafter set forth, and subject to the terms,
provisions and conditions hereinafter set forth, the parties hereto do
hereby agree as follows:
1. Preparation of Plans and Specifications: City shall prepare
Plans anJ Specifications for said project and submit copies of said Plans
and Specifications to Cupertino for approval thereof. Upon approval by
Cupertino, City shall advertise said project for bid and shall award a
contract to be supervised to completion by the City.
In the exercise of this joint powers agreement, San ."use shall
be the administering agency and as such shall possess all poa:ers com-
mon to bath San Jose and Cupertino which may be necessary to effec-
tuate the purpose of this agreement, subject only to the manner of
exercise of such powers provided herein and the restrictions imposed
by law upon San Jose in the exercise of such powers .
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c
2. Cupertino"s More of Cost: Within thirty (310) days after
approval by Cupertino of the Plans #atd Specifications for said project,
Cupertino shall pay to 0,7 ty, a total sum of Ten Thousand Tvo Hundred Fifty
Dollars ($10,250.00), which is the amount presently estimated by City to be the
combined total construction cost of the portions of said project within
the limits of Cupertino. As used in this agreement, the term "construc-
tion cost" shall mean the total of all costs incurred and expenditures
made by City in connection with constructing said project, including
engineering costs and expenses, costs and expenses of preparing Plans
and Specifications, costs and expenses for inspection, publication,
advertising and printing, cost of extra work and materials in connection
with such work authorized by City, cost of al:'. materials not included
in the contract price of said construction contract expended on said
project.
3. 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 the construction of said
project, and until said project is accepted by Cit„ public liability
and property damage insurance in forms and limits of liability satis-
factory and acceptable to both City and Cupertino 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 con-
struction of said project.
The aforementioned policy shall conta=n a provision that the
insurance afforded thereby to City and Cupertino and their respective
officers and employees shall be primary insurance to the full limits
of liability of ti-e policy and if the City or Cupertino or their re-
spective officers or employees have other insurance against a loss
covered by such policy, that other insurance shall be excess insurance
only.
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w,
4. Final AceomiLM: Upon completion of the project, City
shall submit to Cupertino a final accounting of the total construction
cost.
In the event this final accounting shores that the amount ad-
vaned by Cupertino to City under Paragraph 2 hereof, is less than
seventeen and four-tenths (17.4) percent of the total construction
cost, Cupertino shall pay the City the difference within sixty (60)
days from receipt of final accounting. fever, in the event this
final accounting shows that the amount advanced by Cupertino to City
under Paragraph 2 hereof is more than the seventeen and four-tenths
(17.4) percent of the total construction cost, the City shall return
the difference to Cupertino within sixty (60) days from receipt of
the final accounting:
5. Records and Accounts: City shall keep, maintain and render
available for inspection by Cupertino 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 construction of said
project.
6. Annexation: In the event any portion of the area within the
limits of said project is annexed to City before the date of approval
of said plans and Specifications by Cupe- ..ano, Cupertino"s share of
the total construction cost shall be reduced in proportion to the
amount of territory annexed.
7. Termination: This agreement shall terminate on December �1,
1974, if City has not awarded a contract for construction of said
project prior to said date. In the event of such termination, City
shall refund to Cupertino all sums advanced under Paragraph 2 of this
agreement.
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WITNESS THE EXECUTION HEREOF the day and year first herein-
above set forth.
APPROVED AS TO FORM: CITY OF SAN JOSE, a municipal
corp o tion
By
WI B. IMAY LD V Mayor
Deputy City Atmney tl
"City"
ATTEST:
F'RAT,4CIS L- GR�-'INER
APPROV= AS TO E^=- CTT V r. CUPERTINO, a municipal
cornoration
City Attorn ,y v City of Cupertino, . layor
City '•,'anager
"Cupertino"
City Clem
TNeS IS TO CERTIFY THAT THE ITV
INSTRUMENT IS A TRUE ANC CORA COPY
OF THE ORIGINAL IJN FILE IN THIS OFFICE.
* c ZT . 19
ATTEST
CITY CLERK F THE CITY OF CUPERTINO RESOLUTION NO. 3641
Sly
'L1RftS UTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE CITY OF
SAN JOSE FOR THE RESURFACING OF A POR-
TION OF BOLLINGER ROAD
WHEREAS, the City of San Jose is proposing to resurface Bollinger
Road between Saratoga-Sunnyvale Road and Blaney Avenue; and
WHEREAS, a portion of Bollinger Road is -within the corporate limits
of the City of Cupertino; and
WHERE-AS, Cupertino is desirous of having said portion of Bollinger
Road within the corporate limits of Cupertino resurfaced at the same time
as the balance of the project within the corporate limits of San Jose is
resurfaced; and
WhEfL AS, there has been presented to the City Counci.i an agreement by
and between the City of Cupertino and the City of San Jose for the resur-
facing of Bollinger Fxacl , and the provisions and conditi-tins therein h:.ve
been approved by the Director of public i�orks and the City Attorney;
NOT,, THEREFORE, 13E IT PESOL`,`! D that the '.favor and the, City Clerk are
hereby authorized to execute the agreement herein referred to in behalf
of the City of Cupertino.
PASSED AND :U)OPTED at a regular meeting of the City Council of the
City of Cupertino this 15th day of April 1974, by the following
vcte:
Vote Members of the Cite Council
AYES . Frolich, Jackson, Meyers, Nellis, Sparks
NOES : None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Wm. E. Ryder /s/ Reed Sparks
City Clerk _ Mayor, City of Cupertino
RESOLUTION NO. 3653
z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERVNO
APPROVING THE TERMINATIO', DATE OF AGREEMENT BETWEEN THE
CITY OF CUPERTINO A!ND THE CITY OF SAN JOSE FOR
RESURFACING OF BOLLI:?GER ROAD TO BE CHANGED
FROM JUNE 30, 1974 TO DECB`ffiER 31, 1974
WEREAS, the City Cot•ncil on April 15, 1975, adopted Resolution. No.
3641 authorizing execution of agre=ent between the City of. Cupertino and
the City of San Juse providing for the resurfacing of Bollinger Road; anc
4'HF.RrAi, -
- t hay ? e��_•,� c tO .: .�.��e c:Ie t@fZ111I;3tlO:S aatC3 of
said agre-m-r..t from .tune 30, 1974 to December 31, 1974;
NOW, THEREFORE', BE IT RrSOLI.'r:.n that the City Council hereby
appro, es said charge of termination date.
PASSED ANT )SX)PIIT) at a regu]ar meeting of the City Coon_iI or the
City of Cupertino this 6th day of May 1976 , by
the following .rote:
Vote Members of the Cit , Council
AYES: Frolich, Jackson, Meyers, Nellis, Sparks
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ Reed Sparks
Mayor. City of Cupertino
ATTEST:
/s/ Wm. E. Ryder
City Clerk
Out of Cuperti"o
TO: Wm. E. Ryder, Director of Administrative Services
DATE: April 17, 1974
FROM: Bert J. VisRovich, Director of Public Works
SUBJECT: Cupertino-San Jose Agreement
Resurfacing of Bollinger Road
Transmitted herewith are the original and four copies of the referenced
agreement for execution by the City. Please return all copies this
office and we will forward them to the City of San Jose for their approval.
They will return a fully executed copy for our files.
sm
attach.
1WM4 of Cu"ro"
10300 Tom 1-mm
Cupeakm,Calf amia 95014
Telephom (408) 2S2-4505
OFFICE OF THE DIRECTOR OF PUBLIC WORKS May 9, 1974
Mr. A. R. Turturici
Director of Public Works
City of San Jose
801 N. First Street
San Jose, California 95110
Attention: Mr. Floyd L. Gier
Deputy Director of Public Works
Dear Sir:
Re: Agreement Resurfacing of Bollinger Road
Between Blaney Avenue and Saratoga-Sunnyvale Road
Enclosed herewith are the original and four copies of the referenced
agreement which have been signed by the appropriate City officials. After
our City Council authorized the execution of this agreement by Resolution
No. 3641 on April 15, 1974, we were informed that the termination date of
this agreement should be changed from June 30, 1974 to December 31, 1974.
Our City Council has approved said change in termination date by way of Reso-
lution No. 3653 adopted on May 6, 1974. A copy each of these resolutions
is attached to each agreement.
After approval by your City Council, please return a completed copy
for our files.
Very truly yours,
CITY OF CUPERTINO
Bert J. is vich
Director of Public Works
sm '
encl.
cc: City Clerk
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