HomeMy WebLinkAboutResurfacing Blaney - City of San Jose - 1974 city of San ,lose - Fesurfacing Blaney
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San Jose.California 95110
County ®f Santa Mara M9.2323 Area C46o 409
�i�®r�i� Sip sinctm.District 1
��y t_�. !.�; Dominic L COMM.District 2
Dan Me Cerquodale,District 3
Ralph H.Mehrkens.District 4
Victor Catvo,District 5
December 2, 1974
William E. Ryder
City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, California
Subject: Agreement amont the Cities of San Jose and Cupertino
and the County of Santa Clara for resurfacing of a
port-ion of Blaney Avenue.
Dear Mr. Ryder:
The Board of Supervisors at its re-gular.ly schedules` meeting of
November 26, 1974 approved the subject agreement on behalf of
the County. As you will see, the City of San Jose and the
County have executed this agreement. we are enclosing three
counterparts of this document for execution by Cupertino.
We ask that the two copies which are so marked, be returned to
this office for our files and transmittal to the City of San
Jose. The third copy is for your records.
Thank you for your cooperation.
Very truly yours,
BOARD OF SUPERVISORS
Donald M. Rains, Clerk
By:
Dept Clerk
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Enclosures
CC: Montini,
Transportation Development
kn Emal Opportunity Euployer
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Office of tree soasd of SWer®isars
524 Comty A&mIniatrativa Building
70 West Seddi" Street
Son ,lose, California 95110
Attnt Donald M. Raius, Clerk
Ammmm Awn To crnsS 08 sA9 josE An curm m Am Tm Wt*f T OF
SASYA CLaU PM USURFACVG Of A POMOR OF MAX" A
we are enclosing two (1) a mcuted sepias of the Abut ARMS dw Cato
of San icea, the County and the City of ggWUMe f0T 2e8erfaeift of S1aHY
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RESOLUTION NO. 37;3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT AMONG THE CITY OF SAN JOSE
THE COUNTY OF SANTA CLARA, AND THE CITY OF CUPERTINO FOR THE
RESURFACING OF A PORTION OF BLANEY AVENUE
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WHEREAS, the public interest requires that a portion of Blaney
Avenue between Bollinger Road and Pacifica Drive be resurfaced; and
WHEREAS, the portion of Blaney Avenue that requires resurfacing
lies within the jurisdiction of the City of San Jose, the County of
Santa Clara, and the City of Cupertino; and
WHEREAS, it is in the best interest of orderly and economic
construction practices to complete the project through joint action of
San Jose, County of Santa Clara, and the City of Cupertino under a
single construction contract; and
WHEREAS, an agreement has been presented to the City Council
for the accomplishment for said project and the terms and cond;tiors
of said agreement have 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 hersbv authorized to execute the agreement herein refarred 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 1.6th day of December _, 1974, by
the following vote:
Vote Members of the City Council
AYES: Frolich, Jackson, Meyers, Nellis, Sparks
NOES: None
ABSENT: None
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ABSTAIN: None
APPROVED:
/s/ Reed Sparks
ATTEST: Mayor, City of Cupertino
/s/ Wm. E. Ryder
City Clerk
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AGREEMENT AMONG THE CITY OF SAN JOSF,
THE COS NTY OF SAC�TA CI ARA AND THE CITY
OF CUPERTINO FOR THE RESURFACING OF A
PORTION OF BLANEY AVENUE
THIS AGREEMENT, made and entered into this sixteenth day
of December , 1974 by and among the CITY OF SAN JOSE, a
municipal corporation of the State of California, hereinafter
referred to as "San Jose10, the COUNTY OF SANTA CLARA, a political
subdivision of the State of California, hereinafter referred to as
01County" and the CITY OF CUPERTINO, a municipal corporation of the
State of California, hereinafter referred to as"City";
WITNESSETUI :
WHEREAS, the public interest requires that a portion of. Blaney
Avenue between Bollinger Road and Pacifica Drive be resurfaced, all
said surfacing shall be hereafter referred to as "project"; and
WHEREAS, approximately thirty-nine percent (39%) of the roadway
to he resurfaced lies within the limits of San Jose, approximately
nineteen percent (19%) within the limits of the County and approx-
imately forty-two percent (42%) within the limits of the City; and
WHEREAS, it is in the best interest of orderly and economic
construction practices to complete the project trough joint action
of San Jose, County and the City 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
�arti hereto do agree as follows :
1 . S,,c>pe of Project
The scope of this project entails the resurfacing of a portion
or 'anev Avenue betc:Teen Bollinger Road and Pacifica Drive. The
trtil construction cost as defined hereafter is. estimated to be
'r',.•:_,nty-eight Thousand Six Hundred Dollars ($23 , 600. 00) . It is the
responsibility of any party of this agreement, when anticipating a
change of the project scope or a change of the total construction
cost exceeding the amount above described, to immediately notify the
other parties to this agreement. It is only through mutual consent
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by a revised agreement executed by all parties that the change will
then be valid.
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2. Preparatoi.on of Plans , Specifications and Estimates
City shall prepare and submit to San Jose and County for approval
plans , specificet.ions and estimates for the construction of the
project. Upon approval by San Jose and Country, City shall advertise
the project for bid and may award a contract to be supervised to
completion by City.
3. Award of 'a Construction Contract
In the event that the submitted loweot responsible bid exceeds
the Engineer 's estimate by ten percent (10%) or more, such bid shall
be submitted to San Jose and County for review and approval prior
to the award of a contract.
4 . Estimated Costs
As used in this agreement , the term "construction 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 ;Mans and
specifications , publication, advertising and printing, cost of the
construction contract , and cost of extra work and materials in
connection with such work authorized by County and San Jose, including
the costs and expenses for construction inspection.
San Jose 's estimated share of cost shall be thirty-nine percent
(39'/y) of the construction cost and is estimated to be Eleven Thousand
Dollars ($11,000. 00) . The County ' s estimated share of cost shall
be nineteen percent (19%) of the construction cost and is estimated
to be Fifty-five Hundred Dollars ($5 ,500. 00) . The City 's estimated
share of cost shall be the remaining forty-two percent (42%) and
is estimated to be Twelve Thousand One-Hundred Dollars ($12 ,100. 00) .
San Jose agrees to pay City a sum of Ten Thousand Dollars ($10,000.00)
as deposit. County agrees to pay City a sum of Five Thousand Dollars
($5 , 000. 00) as deposit . Such deposits shall be paid to City no
later than 21 days after City advertises the project for bid.
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5. 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 County and San Jose, publi,_ liability and
property damage insurance in forms and limits of liability and
satisfactory ar acceptable to both San Jose and County, insuring
San Jose and k ,unty , 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 construction of said project.
The aforementioned policy shall contain a provision that the
insurance afforded thereby to San Jose and County and their respective
officers and employees shall be primary insurance to the full limits
of liability of the policy, and that if San Jose or County, or their
respective officers and employees , have other insurance against a
loss :overed by such policy , such :ether insurance shall be excess
insurance only.
6. Final Cost to San Jose and County
Loon completion of said p oject City shall submit to San Jose
and County a final accounting; of the "construction cost".
In the event this final acco,inting shows that the amount
deposited by San .lose and County under paragraph 4 hereof is less
than their respective proportional share , San Jose small pay City
the difference between San Jose 's deposit and thirty-nine percent
(39 _) of the actual construction cost, and County shall pay City the
difference between County 's deposit and nineteen percent ('19%) of
the actual construction cost.
however , in the event this final accounting shows that the
amount deposited by San Jose and County under paragraph 4 hereof is
more than their respective proportional share , City shall refund to
San Tose the difference between San Jose 's deposit and thirty-nine
percent (39%) of the actual construction cost, and City shall
refund to County the difference between County 's deposit and nineteen
percent (19%) of the actual construction cost.
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OPPROPPIRION Popp
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7. Records and Accounts
City shall keep, maintain and render available for inpsection
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-by San Jose and County or its authorized represew-atives , records
and books which will provide a complete and .accurate account of all
costs , fees and expenditures made by City on construction costs of
said project.
8 . Annexation
In the event any portion of the area within the limits of said
project is annexed to the City or San Jose before date of advertising
of said project by City, San Jose 's or City's share of the "construction
costs" shall be increased in proportion to the amount of territory
annexed.
9. Termination
This agreement shall terminate on June 1 , 1975 if City has not
awarded a contract for construction c . the above described project
prior to that date . In the event of such termination City shall
refund to San Jose and County all sums advanced ;ender paragraph 4
of this agreement.
ID . Pvblic Hearings and Environmental Statements
City shall conduct all public hearings and shall prepare all
environmental statements that may be required for said project by
11 . Administering Agency
In the exercise of this joint powers agreement, City shall be
the administering agency and as such shall possess all powers common
to '")ot;l San .Jose and County which may be necessary to effectuate the
purpose of this agreement , subject only to the manner of exercise
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of such powers provided herein and the restrictions imposed by law
upon City in the exercise of such powers .
WITNESS THE EXECUTION HEREOF the day and year first hereinabove
set forth.
CITY OF SAN .LOSE, a municipal
corporation of the State of
California
y
J "San J We l l
v
A ,7 :5 r rt
City Clerk
APPROVED AS TO FORM-:
eputy City/ Attorney
San Jose
COUNTY OF SANTA CLARA, a political
subdivision of the State of
California
By L.L.,
C airmalk -Board ofiSupervisors
"County"
ATTE DONALD M. RAINS, C rk
ri of 1-h oar nF _ nor�ri e c
APPROVED AS TO FORM:
Assistant/De�iffty C16uWty Co,,!nsel
CITY OF CUPERTTN0, a municipal
corporation of the State of California
By
Mayor
"City"
_A i'TEST:
City c
APPROVED 4S TO F
Deputy City Attorney
Cupertino
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