CC Resolution No. 8460
RESOWl'ICN W. 8460
A REOOUJTICN OF 'mE CITY a:xJNCIL OF 'mE CITY OF aJPERl'JN)
AI1DDUZDC EXECUTICN OF "axJPERATIVE AGREI!JŒNT ro. 2-aJP RaJ'lE
85" <XNnmJCl'ICN OF S'lœ!/SEWER IN'ŒRCEP'lœS BE'lWEEN }on"'f F.T.f J\N
ROI\D AND S'lEVENS CREEK IØJIEVARD" BE'lWEEN THE SANTA CLARA
CDJNTY 'mAFFIC AImDUTY AND THE CITY OF aJPERl'JN)
WHEREAS, in order to facilitate the cxmstruction of Route 85 £ran
Prospect Read to the existing Rout 85 (MSA 102-10), it is neœsBaJ:Y to
cxmstruct stoI111/sewer interceptors between M::C.lellan Read and Stevens
Creek Boulevard¡ and
WHEREAS, the Traffic Authority and the City desire to cxx:peJ:ate in
aco::uplishing the cxmstruction of the interceptor project and have
presented to the City Council a ~~ c:x:q¡erative ag¡:eElleht¡ am
WHEREAS, the provisions,' teJ:Iœ, and conditions of the c:x:q¡erative
ag¡:eement have been reviellled and awroved by the Director of Public ti)rks
am the City Atto:rney¡
N':M, ~, BE IT RESLVED, that the City Council of the City of
CUpertino hereby ~ the élyLeElllent and authorizes the Mayor am the
City Clerk to execute said éIyL<=EI(IBI(L on behalf of the City of CUpertino.
PASSED AND AiAJ1".11!õlJ at
City of CUpertino this
following vote:
a regular meeting of the City Council of the
29th day of .Tuly ,199l,bythe
~
Mt:..Lc..s of the City Council
AYEs:
Rogers, Sorensen, Koppel
N:ES:
None
ABSENT:
Goldman, Szabo
ABS'mIN:
None
APPROVED:
/s/ Barb KODDel
Mayer, City of CUpertino
ATlEST:
/s/ Dorothy Cornelius
City Clerk
COOPERATIVE AGREEMENT NO.2-CUP
ROUTE 85
CONSTRUCTION OF STORM/SEWER INTERCEPTORS BETWEEN
MCCLELLAN ROAD AND STEVENS CREEK BOULEVARD
This AGREEMENT is entered into on the
day of
1991 between the SANTA CLARA COUNTY TRAFFIC AUTHORITY, a public entity of
the State of California (referred to hereinafter as "AUTHORITY") and the City of
Cupertino, a municipal corporation of the State of California (referred to hereinafter as
"CITY").
RECITALS
I. AUTHORITY and CITY contemplate constructing near State Highway Route
85 in the City of Cupertino in Santa Clara County, improvements consisting
of storm/sewer interceptors between McClellan Road and Stevens Creek Blvd.
(MSA 102-11) referred to herein as "PROJECT". A diagram identifying the
location and configuration of PROJECT is attached as EXHIBIT A.
2. Construction of PROJECT is necessarý to facilitate construction of Route 85 from
Prospect Road to the existing Route 85 (MSA 102-10) which is part of the
AUTHORITY's Measure A Program.
3. AUTHORITY is willing to provide plans, specifications and estimates (PS&E) for
PROJECT.
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Agreement No.2-CUP
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4. CITY is willing to construct PROJECT by contract and provide construction
administration of PROJECT. Construction administration shall include pre-contract
administration (processing of PS&E through a bidding process for advertising, bid
evaluation, and award of a contract for constructing PROJECT), construction
contract administration, construction engineering, inspection, claims processing and
closeout.
5. AUTHORITY and CITY do mutually desire to jointly participate in the
design and construction of PROJECT and to set forth herein the terms and
conditions under which PROJECT will be designed, constructed, financed
and maintained.
Now, therefore, in consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
. SECTION I
AUTHORITY AGREES:
1. To proyide plans, specifications and estimates (PS&E) for PROJECT in accordance
with applicable standards and guidelines of City of Cupertino at no cost to CITY.
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2. To bear the actual costs of AUTHORITY staff and AUTHORITY consultants
required to obtain all right-of-way, easements, permits and clearances required for
PROJECT at no cost to CITY, including obtaining title reports and appraisals, as
well as to review change orders and extra work orders, review plans and
specifications and review costs submitted by CITY.
3. To reimburse CITY for miscellaneous additional direct costs incurred by CITY for
PROJECT the total cost of which is shall not exceed $5,000.
4. To bear 100% of the total actual cost of construction of PROJECT, estimated to be
$1,040,000, including all materials, supplemental work, utility relocation, material-
testing, changes and claims associated with construction of PROJECT.
5. That AUTHORITY's total obligation for additional direct costs identified in Article
3 ,above and for construction of PROJECT under this Agreement is $1,045,000. This
amount may be exceeded only by vote of AUTHORITY, the certified results of
which will be incorporated into the Agreement without the necessity of a written
amendment.
6. To pay CITY prior to award of a construction contract for PROJECT a deposit in
the amount of $1,045,000 to cover AUTHORITY's share of the estimated costs of
additional direct costs and construction for the PROJECT.
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Agreement No.2-CUP
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SECTION II
CITY AGREES:
I. To provide technical oversight and direction of the development of the plans,
specifications and estimate (PS&E) for PROJECT, at no cost to AUTHORITY.
2. To acquire right-of-way, easements, permits and clearances as detailed by
AUTHORITY.
3. To construct PROJECT by contract in accordance with PS&E provided by
AUTHORITY.
4. To provide, or arrange to have provided, construction administration for PROJECT
as defined in RECITALS, Article 4 above, at no cost to AUTHORITY.
5. To submit to AUTHORITY an invoice for $1,045,000 for the estimated total cost of
construction and additional direct costs per SECTION I, Article 5 above.
6. To maintain funds receiyed from AUTHORITY for construction and additional
direct costs in a separate, identifiable account bearing interest for the benefit of
AUTHORITY at the currently preyailing rate earned by CITY's funds.
7. To notify AUTHORITY of PROJECT bid amount approved by CITY and if bid
amount plus contingencies is less than AUTHORITY amount for construction
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Agreement No.2-CUP
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deposited with CITY within thirty days of approval of bid to refund difference to
AUTHORITY.
8. To draw upon such account for the payment of AUTHORITY's share of costs
actually incurred by CITY for construction and additional direct costs, and to
provide monthly statements to AUTHORITY of the activity in and status of the
account.
9. To submit to AUTHORITY each month a construction progress report which
describes the work performed and completed during the reporting period, states the
cumulative percentage complete to date, and reports on change orders issued (current
and cumulative), progress payments made (current and cumulative), and significant
events affecting progress of the work, such as bad weather, work stoppages, etc.
10. To submit to AUTHORITY for approval, prior to implementation, all change
orders with an estimated cost of $20,000 or more, except when necessary for
the safety of motorists and/or pedestrians or for the protection of property.
II. Upon completion of construction of PROJECT and all work incidental
thereto, to proyide to AUTHORITY a detailed statement of the total actual
costs of construction of PROJECT. Within thirty days thereafter, CITY shall
refund to AUTHORITY any amount remaining in AUTHORITY's account
described in Section II, Article 6 above, after AUTHORITY's share of the
total actual costs of PROJECT including all claims paid to the construction
contractor haye been deducted.
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12. To maintain all PROJECT facilities as constructed under this PROJECT in
accordance with City requirements, and make no claim against AUTHORITY for
any portion of such maintenance expense.
SECTION III
IT IS MUTUALLY AGREED:
I. If the lowest responsible bid for construction of PROJECT is more than the
Engineer's Estimate, AUTHORITY and CITY shall consult upon a course of action.
If a course of action is not agreed upon within 25 calendar days after bid opening,
this Agreement shall be deemed to be terminated by mutual consent pursuant to
Article 2 of this SECTION III.
2. Prior to award of the construction contract for PROJECT this agreement may be
terminated by either AUTHORITY or CITY or by mutual consent. In the event of
such termination, AUTHORITY shall bear 100% of total costs expended by
AUTHORITY to date and 100% of total costs expended by CITY to date for
additional direct costs per SECTION I, Article 3 above and CITY shall bear 100% of
all other costs expended by CITY.
3. That should the yalue of the construction contract award for PROJECT be lower
than the total estimated cost of construction of PROJECT, the estimated cost of
construction of PROJECT and the estimated total obligations of the parties in
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Agreement No.2-CUP
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Sections I and II above shall be proportionally reduced without the necessity of an
amendment to this Agreement.
4. Upon completion of all work under this Agreement, ownership and title to all
materials, equipment and appurtenances installed under this PROJECT will
automatically be vested in CITY. No further agreement will be necessary to vest
ownership in CITY.
5. That neither AUTHORITY, nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything done
or omitted by CITY or any contractor hired by CITY under or in connection
with any work, authority or jurisdiction delegated to CITY under this
Agreement. It is also understood and agreed that, pursuant to Government
Code Section 895.4, CITY or any contractor hired by CITY shall fully
indemnify and hold AUTHORITY harmless from any liability imposed for
injury, as defined by Government Code Section 810.8, occurring by reason of
anything done or omitted by CITY under this Agreement or in connection
with any work, authority or jurisdiction delegated to CITY under this
Agreement.
6. That neither CITY nor any officer or employee thereof, shall be responsible
for any damage or liability occurring by reason of anything done or omitted
by AUTHORITY under or in connection with any work, authority or
jurisdiction delegated to AUTHORITY under this Agreement. It is also
understood and agreed that, pursuant to Government Code Section 895.4,
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Agreement No.2-CUP
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AUTHORITY shall fully indemnify and hoid CITY harmless from any
liability imposed for injury, as defined by Government Code Section 810.8,
occurring by reason of anything done or omitted by AUTHORITY under this
Agreement or in connection with any work, authority or jurisdiction
delegated to AUTHORITY under this Agreement.
7. The portions of this Agreement pertaining to the construction of PROJECT shall
terminate upon completion and acceptance of the PROJECT by CITY and upon
fulfillment by AUTHORITY and CITY of their respective financial obligations
under this Agreement.
SANTA CLARA COUNTY TRAFFIC
AUTHORITY
CITY OF CUPERTINO
By
JAMES T. BEALL, JR.
Chairperson
By
APPROVED AS TO FORM AND
LEGALITY:
APPROVED AS TO FORM AND
LEGALITY:
Charles Kilian
City Attorney
KEVIN D. ALLMAND
Deputy County Counsel
Attest:
DONALD M. RAINS
Clerk of the Board of Superyisors and Acting
Secretary, Traffic Authority
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