CC Resolution No. 5737 ~ i ~
RESOLUTION N0. 5737
A RESOLUTION OF TNE CITY COUNCIL OF TtiE CITY OF CUPERTINO
• AUTHORIZING EXECUTION OF ACREEMENT WITIi CITY OF SARATOCA
' FOR TNE OVERLAY OF A PORTION OF PROSPECT ROAD
WfiERGAS, there has been presented to the City Council an agreement
for the overlay of a portion of Prospect Road between the City of Cuper-
tino and the City of Saratoga, and the terms and conditions of said agreement
having been approved by the Director of Public Works and the City At[orney;
: NOW, THEAEFORE, BE IT RESOLVED thnt the Mayor and the City Clerk are
hereby auti~orized to execute said agreement in behalf of the City of Cuper-
[ino.
PASSBD AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino ttiis ZO[h day of October , 1981 by the Eollowing vote:
Vote Ptembers oE the City Council
AYES: Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: Gatto
ABSTAIN: None
APPROVED:
Mayor, ity o tino
ATTEST:
~
City Clerk
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ACREII~ICKT BETIJEEN THE CITY OF CUPERTINO
AND THE CITY OF SARATOGA FOR THE
0~'ERLAY OF A PORTION OF PROSFECT ROAD
THIS AGREE?;E\T, made and entered into this 7~h _day of OctDlrr
1981, by and between the CIT! OF CUPERTINO, a municipal corporation of the State
of California, hereinafter referred to as "CUPERTIhO" and the CITT OF SARATOGA,
a municipal corpora[ion of the State of California, hereinafter referred Co as
' "SAILITOGA" .
WITI~ESSETH:
j.THEREAS, CUPERTI\0 plans to overlay a portion of Pzospect Road together
with all work necessary to complete the overla~•, all of which said improvemen[s
shall be hereinafter referred to as "PROJECT"; and
f~'FILRE:IS, certain portions of Prospect Road lie within [he jurisdic[ion of
Cupertino and Saratoga;
S;}iERE\S, for the best in[eres[ of thc public, CUPEF,TISO and SAIU17'OGA desire
to have said port:c~ ef Prosper_t Road overla}•ed in an orderl~• and ecnnnnical
manner :s ioint coo~erative project.
\01•:, TIILI'.EI'Oi:~, tlie partics hercto agree as follows:
ACTTCi.E 1
VROJCCT AD}1I\1.5Tfi1TI0:C
I. Tho project t:ill be performed b~• contract. CL'PLRTINO will prepare the
plans, specifications and pro~ect cost estimate and will award and admioister
the contract pursuant to the lai+s ~overning CL'PERTINO. CUPERTI\0 wil] make all
payments to contractor, and it will pa} all other costs in connection with the
PROJECT.
ARTICLE II
FINANCE
1. The PROJECT is proposed to be financed by CUPEATINO and SARATOCA. Each
party's share of the PROJECT cos[ will be based on the construction cost of the
, ~ ~
2~s2.,,
b) Insurance
CUPERTINO shall require any contractor awarded a contract for any portion
of said PROJECT [o secure and main[ain in full force and effect at all times
during construction of said PROJECT and until said PROJECT is accepted by
CUPERTINO public liability and proper[y damage insurance holding the designated
parties harmless.
The aforementioned insurance shall contain a provision that the insurance
afforded thereby [o CUPERTINO and SARATOGA and their respective governing bodies,
officers and employees shall be primary insurance to the full limits of liabili[y
of [he policy, and if CUPERTIrO and/or SARATOGA have other insurance coverage,
that other insurance shall be excess insurance only.
ARTICLE IV
AMEA'D~SENTS
No amendment to this Agreement shall be valid unless made in writing and
signed by the parties hereto.
ARTICLE V
RECORDS AJiD ACCOUNTS
CUPERTINO shall keep, maintain and render available for inspection by
SARATOGA or its authorized representatives, records and books which will provide
a complete and accura[e account of all costs, fees and espenditures made bt
CUPERTINO on said PROJECT.
ARTICLE VI
TER~IINrYTION
If CITPERTINO has not awarded a contract for said PRO.TECT by
thls Agreement shall be null and void, unless an extenaion of time is
mutually agreed to in uriting.
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i
I
! ACREE.*iCR'P BET[JEEN THE CITY OF CUPERTINO
' AND THE CITY OF SARATOCA FOR THE
O~~ERLAY OF A PORTION OF PROSPECT ROAD
i
! THIS AGRGE.~fE~T, made and entered into this 7th day of ~~F,Pr
1981, by and between the CITi OF CUPERTINO, a municipal corporation of the State
~ of California, hereinafter referred co as "CUPERTII~O" and ~he CIT1 OF SARATOGA,
~ a municipal corpora~ion of the Sta[e of California, hereinafter referred to as
I "SARATOGA".
IdI TI~ ES S ETH :
WtlEREAS, CL'PERTI\0 plans to o~•erlay a portion of Yrospect Road together
with all work necessary to complete the overla~•, all of which said improvemen[s
shall be hereinafter referred to as "PROJECT"; and
i 1.9(LRE:1S, cer[ain por[ions of Prospect Road lic wi[hin the jurlsdiction of
I
, Cupertinn and Saratooa;
' I.'IiERE:1S, for the best interes[ of thc public, CL!PEF.TI\0 and SA£.ATOGA desire
~ to have Said pc+rC:e~ ex Prosper.t Foad o~~erlayed in an orderlr and econonical
~
i m~nner ~s ioin[ r~o~erative pro~~c[.
::0;•:, 'ftiLf:ET'0i?:, [he parties herc[o agrce as follows:
' ASTTCLE 1
1'ROJCCT AD?1I~1STF:1TI0::
,
~I l. 7'ho Project ~:ill be pcrfnrmed hy contract. CL'PERTItiO will prepare the
plans, specifica[ions and projec[ co~t estima[e and will acaard and administer
' the contract pursuant to the la~oc Fuverning Cl1PERTINO. CUPERTI\0 wil] make all
payments to contractor, and it will pay all o[her coste in connec[ion with the
, PROJECT.
ARTICLE II
FINANCE
1. The PROJECT is proposed to be financed by CUPERTINO and SARATOGA. Each
party's share of the PROJECT cost will be based on the construction cost of the
: ,
overlay improvements vith~the party's jurisdiction, • ` ~
2. SARATOGA'S estimated share of the PROJECT cost, is $5,500.00. SARATOGA
agress to deposit $5,500.00 with CITY. (See attached Exhibit A)
' 3. Upon completion of PROJECT, CL'PERTINO shall determine the actual PROJECT
cost and advise SARATOGA of its share of said coat based on the actual items
i
of work construction in i[s area of improvement responsibility at the respective
I contract p~-ices.
f
i
Should SARATOCA'S final cost exceed the amount deposited with CUPERTIhO,
I SARATOGA shall pay CUPERTINO the additional amount wi[hin thirty (30) days after
~ billing by CITY.
Should SARATOCA'S finai cost be less than the amount deposited with
' CUPERTINO, CUPERTINO shall refund the excess amount within thirty (30) days of
:
final accounting by CUPERTINO.
' ARTICLE III
HOLD HAR~II.ESS/INSURANCE
a) Hold Har~:less Provision
CUPERTIIO shnll include a hold harmless provision in the contract which
shall read substantially as follows:
"Contractor hereby releases and agrees ta protect defend, hold harmless
and indemnify the Public Entities from and against all claims, injury, liability,
loss, cost and expense, or damage, however same may be caused including all costs
and reasonable attorney's fees in providins the defense to any claim arising
therefrom, for any loss of or damage to property (real and/or personal) and for
personal injury to or death of any person or persons arising out•of, occurring
by reason of, or in any way connected with the prosecution of the work by the
Contractor or subcontractor under the Contract, or in consequence thereof,
regardless of any negligence or alleged negligence on the part of any Public
Entity employee to the extent that auch ie not in conflict with Civil Code Section
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. . . . . . . . . . - . ~ . . . t'rr~. . . r. , ~ .
~ e •
I 2782."
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b) Insurance
CUPERTINO shall require any contractor awarded a contract for any portion
of said PROJECT to secure and main[ain in full force and effect at ali times
during constructlon of said PROJECT and until said PROJECT is accepted by
CllPERTINO public liability and property damage insurance holding the designated
parties harmless.
i
~ The aforementioned insurance shall contain a provision that the insurance
afforded thereby to CUPERTINO and SARATOGA and their respective governing bodies,
officers and employees shall be primary insurance to the full limits of liabili[y
of the policy, and if CUPERTINO and/or SARATOGA have other insurance coverage,
that other insurance shall be excess insurance only.
ARTICLE IV
AMEND*fENTS
No amendment to th3s Agreement shall be valid unless made in writing and
signed by the parties hereto.
i ARTICLE V
I RECORDS AND ACC.OUNTS
I
i CUPERTINO shall keep, maintain and render available for inspection by
i
~ SARATOCA or its authorized representatives, records and books which will provide
~
'i a complete and accurate accoant of all costs, fees and expenditures made by
I~ CUPERTINO on said PROJECT.
~ ARTICLE VI
TER"lINATION
If CtfPERTINO has not awarded a contract for said PROJECT by
this Agreement shall be null and void, unless an extension of time is
mutually agreed to in writing.
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IN WITNESS WHEREOF, the par[ies hereto have executed the Agreement the
day and year first above vri[[en.
APPROVE AS TO FORD: CITY OF CUPERTINO
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C y At rn By:
ayor
ATTEST:
City Clerk
APPR AS T ORP1: CIT1 OF SARATOGA
Cit A orney ~f' ~C~~~-._
B~ ' /ti._reiC
ATTEST: MayoT
~a-'CL
City Clerk
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I EXFiIBIT A
I
CITY OF SARATOGA
I 1. 11.190 S.F. ~ 143 Tons x$30
~ 2. Raise 2 Manhole x$150
3. Raise 2 Water Valve Box $100
4. 100 L.F. of Paint
5. Wedge Cut 130 L.F. x$0.75
143 Tons AC x$30 a $4,290.00
I
~ 11,190 S.F. Fog Seal x 0.01 = 111.90
2- M3nholes - raised x$150 e 300.00
~
2- Water Valve Box raised x S100 a 200.00
Ij Wedge Cut 130 L.F. x$0.75 ~ 97.50
I S4,999.40
I Paint $
+ 10`: con[ingency $5,499.34
Say $S,S00.00 '