HomeMy WebLinkAboutResurfacing Stelling Road - Santa Clara County - 1976 city & Oc) mty - Pesurfacing Stelling Pad
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ACREFAENT BETWEEN THE. COUNTY OF
• SANTA CLARA AND T11K CITY OF
CUPERTINO FOR THE lth URFACING
OF A PORTION OF STELLING ROAD
THIS AGREEMENT, made and entered into this SEp 2 7 ME day
of 1.976 between the COUNTY OF SANTA CLAAA,
a political subdivision of the State of California, hereinafter
referred to as "County" and the CITY OF CUPERTINO, a municipal
corporation of the State of California, hereinafter referred to
as "City";
W I T N E S S E I H:
WHEREAS, the public interest requires that a portion of
Stelling Road between Alves Drive and Route 280 be resurfaced,
all said surfacing shall be hereafter referred to as "project";
and
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WHEREAS, approximately forty one percent (41%) of the re-
surfacing lies within the limits of the County and approximately
fifty-nine percent (59%) within the limits of the City; and
WHEREAS, it is in the best interest of orderly and economic
construction practices to complete the project through joint
action of the 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, and SlibjLCA to the terms, provisions and conditions here-
inafter set forth, the parties hereto dr, agree as follows:
1. Scope
leo f Project
The scope of this project entails the resurfacing of a portion
of Stelling Road between Alves Drive and Route 280. The total
construction cost as defined hereafter -is estimated to be Thirty-
three Thousand Three Hundred Dollars ($33,300.00). It is the
responsibility of any party of this agreement , when antiripatin!,,
a change of the project scope or a change of the total construction
cost exceeding the amount above described, to immediately notify Elie
other parties to this agreement. It is only throsigh MUt031 consent
by a revised agreement executed by all parties that the change will
then he valid.
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2. Preparation of Plans, Specifications and En timaLes
City shall prepare and submit to County for approval plans,
specifications and estimates for the construction of the project.
Upon approval by County, 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 lowest responsible bid
exceeds the Engineer's estimate by ten percent (10Z) or more,
such bid shall be submitted to 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 engineer-
ing costs and expenses, costs and expenses of preparing plans and
specifications, publicaticn, advertising and printing, cost of the
construction contract, and cost of extra work and materials in
connection with such work authorized by County, including the
costs and expenses for construction inspection.
The County's estimated share of cost shall be forty-one per-
cent (412) of the construction cost and is estimated to be Thirteen Thousa-.
Six Hundred Fifty-Thrcc- ($13,653.00) . The City's estimated share of cost
small be the remaining fifty-nine percent (59%) and is estimated to be
Ninteen Thousand Six Eiu::dred Forty-Seven ($19,647.00) . County
agrees to ,ay City a sun of Thirteen thousand Six Hundred Fifty-Three Doll:1: =.
($13,653.00) as deposit . Such deposits shall be paid to City no later than _22
days after City advertises the project for bid.
5. Insurance
City shall rea-lire any contractor.awarded a contract for any
portion of said pro3uct to secure and maintain in full force and
effect at a V times during construction of said project: and until
said project is accepted by County, public liability and property
damage insurance in forms and limits of liability and satisfactory
and acceptable to County, insuring County, and their respective
officers :and employees, from and agait :,t any claims, loss l tab i l i ty,
cost or expense arising out of or in any way connected with the
construction of said project.
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The aforementioned policy shall.crlz:ain a provision that .the
insurance affo- 'ed thereby to County and their respective officers
and employees $hall be primary insurance to the full li,.t.ts of
liability of the policy, and that if County, or their respective
s
officers and employees. have other insurance against a loss covered
by such policy, such other insurance shall be excess insurance only.
6. Final Cost to Cow
Upon completion of said project City shall submit to County a
final accounting of the "construction cost".
In the event this final accounting shows that the amount deposited
by County under paragraph 4 hereof is less than their respective pro-
portional share, County shall pay City the difference between County's
deposit and forty-one percent (41Z) of the actual construction cost.
However, in the event this final accounting shows that the amount
deposited by County under paragraph 4 hereof is more than their
re!;pective proportional share, City shall refund to County the. difference
between County's deposit and forty-one percent (41%) of the actual
construction cost.
7. Records and Accounts
City shall keep, maintain and render available for inspection
by County 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 costs of said project.
1, 8. Annexation
In the event any portion of the area within the limits of said
project is annexed to the City before date of advertising of said
project by City, 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, 1977 if City has not
awarded a contract for construction of the above described project
prior to that date. In the event of such termination City shall
refund to County all sums advanced under paragraph 4 of this agreement.
10. Public Hearings any Environmental Statements
City shall conduct all public hearings and shall prepare all
environmental statements that may be required for sald project by
existing legislation.
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11. Administering Agency►
In the exercise of this joint powers agreement, City shall be
the adouLt.1stering agency and as such shall possess all powerf common
to County .which may be necessary to effectuate the purpose of this
agreement, subject only to the manner of exercise of such powerr
provided herein and the restrictions Inposed by law upon City in
the exercise of such powers.
WITNESS THE EXECUTION HEREOF the day and year first herein-
above set forth.
COUNTY OF CLARA. a political
v subdiv' on of th tate of
Caornia
ATTEST: DOIvALD M. RAINS, Clerk Boa of Supervisors
of iE oard of ,Supervi. r Chair "C nty"
APPROVED AS TO FORM:
(•Assi=*"xrt/Deputy County Counsel
CITY OF CUPERTINO, a municipal
corporation of the State of Californ --
B . Wkttt=
- — Mayor — —
"City"
ATTEST:
Cit Clerk
AP ' OVEI AS TO FORM:
City Attorney
Cupertino
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e- eptember 28, 1976
Mr. William Ryder, City
City of Cupertino 5
10360 Torre Avenue
Cupertino, California 95014
Subject: Agreement with t.ae Cite of Cupertino
for Resurfacing a Port)-on of Stellinr- Roa :
Enclosed you will find an original and orte e141es
of an agreement between the County of Santa Clara and
the parties named abode. The Hoard of Supervisor3 at
its regularly scheduled meeting on -1 j 7
authorized execution of this agreement on behalf of the
County.
After execution of all copies, we would appreciate your
returning t, e pink -LaLLged arreemer}t to this office.
Very truly yours,
HOARD OF SUPERVISORS
Donald H. Rains, Clerk
Deputy C1 rk
D IR f
Encle.
CC: fir. S;.ields, RoaCz Operations
Transportation Agency
3170 An Eq" OWMA t Ebro•
RESOLUTION NO. 4298
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE COUNTY OF
SANTA CI,ARA AND THE CITY OF CUPERTINO FOR THE RESURFACING
OF A PORTION OF STELLING ROAD
WHEREAS, the public interest requires that a portion of Stelling Road
between Alves Drive and Route 280 be resurfaced; and
WHEREAS, a portion of the resurfacing project lies within the jurisdiction
of the City of Cupertino and a portion within the jurisdiction of the County
of Santa Clara; and
WHEREAS, it is in the best interest of orderly and economic construction
practices to complete the project through the joint efforts of the County
and the City under a single construction contract; and
WHEREAS, an agreement has been presented to the City Council outlining
the terms and conditions of accomplishing the resurfacing project; and said
agreement having been approved by the Director of Public Works and the City
Attorney;
NOW, THEREFORE, BE IT RESOLVED, that the Havor and the City Clerk are
herebv authorized to execute the agreement herein referred to in behalf of
the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the. City
c Cupertino this ?n� 3av of 1lny mher 1976 , by the following
vote :
Vote Members of the City Council
AYES : Frolich, Jac.cson, Nellis, O'Keefe, 'Meyers
NOES : None
kBSEVT None
ABSTAIN None
APPROVED:
• /s/ Robert 'fevers
Maycr, Cli :y Cupertino
aTTES l :
/s/ Wm. E. Ryder
City Clerk
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CH" of* rtim
10300 Tent Avenue
Cupertino, nlilornte 9i(Il l
Trlcphnor fIoS, 'le2_,eV
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Vovec-;br r 23, 1976
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