The URL can be used to link to this page

Home My WebLink About92-025 Cooperative Agreement No. 5 Regnart Creek Landscaping 92-025 COOPERATIVE AGREEMENT N0. 5 REGNART CREEK LANDSCAPING n Cft4 of Cu "o 10300 Torre Avenue P.O.Box 5W Cupertino,CA 95014-3255 Cupertino,CA 95015-0580 Telephone: 1408)252-4505 FAX:(408)252-0753 December 21, 1992 Santa Clara County Traffic Authority Attention: Robert W. Scott, Interim Executive Director 1754 Technology Drive, Suite 224 San Jose, CA 95110 COOPERATIVE AGPEEE24ENT NO. 5 - CLIP We are enclosing to you for your files tuo (2) copies of the Agreement by and between the City of Cupertino and Santa Clara County Traffic Authority, which has been fully executed by City Officials, along with two (2) certified copies of Resolution No. 8801, which was enacted by the City Council of the City of Cupertino, at -': it regular meeting of Monday, December 7, 1992. Sincerely, mil,/ l f DORMIY CORNMIUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Departrxmt of. Public %brks RESOLUTION NO. 8801 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT NO. 5-CUP ROUTE 85, REGNART CREEK LANDSCAPING BETWEEN THE SANTA CLARA COUNTY TRAFFIC AUTHORITY AND THE CITY OF CUPERTINO WHEREAS, there has been presented to the City Council an agreement between the Santa Clara County Traffic Authority and the City of Cupertino providing for the landscaping at Regnart Creels,east of Stelling Road at Route 85,all as more particularly specified in the agreement; and WHEREAS, the provisions of the agreement have been reviewed and approved by the Director of Public Works and the City Attorney. NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the agreement and authorized the Mayor and the City Clerk to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7 th day of DecE+mhpr , 1992, by the following vote: Vote Members of the City Council AYES: Dean, Goldman, Koppel, Sorensen, Szabo NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Nick Szabo Mayor,City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk COOPERATIVE AGREEMENT NO. 5-CUP ROUTE 85 REGNART CREEK LANDSCAPING This AGREEMENT is entered into on the 7ff day 992, by and 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 1. AUTHORITY and CITY contemplate constructing improvements consisting of landscaping at Regnart Creek, ea;i of Steiling Road at Route 85, herein referred to as "PROJECT." A diagram iuentifying the location of the PROJECT is attached as EXHIBIT A and is hereby incorporated by this reference. 2. Construction of PROJECT is necessary to facilitate the construction of Route 85 which is part of the AUTHORITY's Measure A Program. 3. AUTHORITY will fund the costs of design, construction and construction administration of PROJECT. 4. CITY is willing to provide plans, specifications and estimates (PS&E) for PROJECT. 5. CITY is walling to provide design, construction administration of PROJECT and construct PROJECT by contract. Construction administration shall include pre-contract administration (processing of PS&E through a bidding process for advertising, bid evaluation and award of contract for constructing PROJECT), construction contract administration, construction COOP102.19 Agreement No. 5-CUP July 6, 1992 Page 1 of 6 engineering, inspection, materials testing, claims processing and closeout. 6. AUTHORITY maintains a program for utilization of Disadvantaged and Minority/Women Business Enterprises (DBE!MBE/WSE). 7. CITY, through a separate agreement with the Santa :;Zara Valley Water District, shall assume all maintenance of PROJECT. 8. AUTHORITY and CITY do mutually desire to cooperate in the design, construction, and construction administration of the PROJECT, and utilization of DBE/MBE/WBE enterprises and to set forth herein the terms and conditions under which the PROJECT is to be designed, administered, constructed, and maintained. Now, therefore, in consideration of the mutual covenants contained herein, the perties hereto agree as follows: SECTION I AUTHORITY AGREES: 1. To bear one hundred percent (100%), not to exceed $25,000, of the total actual cost of design, construction administration (as defined in RECITALS, Article 5 above), and construction of PROJECT including all materials, supplemental work, changes and claims associated with construction of PROJECT. This amount may be exceeded only by vote of AUTHORITY, the certified results of which v++;II be incorporated into the Agreement without the necessity of a written amendment. 2. To pay CITY within thirty days after receipt and approval of invoice from CITY, as described in Section 11, Article 4 below. COOP102.19 Agreement No. 5-CUP July 6, 1992 Page 2 of 6 . SECTION II , CITY AGREES: 1. To proceed with PROJECT following execution of this cooperative agreement between CITY and AUTHORITY; or, in the event the PROJECT does not proceed for any reason, to so notify AUTHORITY. 2. To provide all permits and clearances required for PROJECT at no cost to AUTHORITY. 3. To provide the plans, specifications, and estimates iPS&E► for PROJECT; to provide, or arrange to have provided, construction administration for PROJECT as defined in RECITALS, Article 5 above; and to construct PROJECT by contract in accordance with PS&E provided by CITY for a total cost not to exceed $25,000. 4. To submit to AUTHORITY an invoice for AUTHORITY's share of design, construction, and construction administration of PROJECT as specified in this Agreement. 5. To implement AUTHORITY's goal for utilization of DBE for professional services portion of PROJECT and to implement AUTHORITY's MBEIWBE goal for the construction portion of PROJECT consistent with the CITY's administrative policies and procedures, as applicable. 6. To provide for maintenance of all facilities as constructed under this PROJECT in accordance with RECITALS, Article 7 above, and make no claim against AUTHORITY for any portion of such maintenance expense. COOP102.19 Agreement No. 5-CUP July 6, 1992 Page 3 of 6 7, Upon completion of PROJECT and all work incidental thereto and resolution of all claims } filed by the construction contractor, to provide to AUTHORITY a detailed statement of the total actual costs of construction of PROJECT. Within thirty days thereafter, to provide AUTHORITY a refund for AUTHORITY overpayment, if appropriate. SECTION III IT IS MUTUALLY AGREED: 1. That allocation of funds for this PROJECT will reduce the Route 85 landscaping budget in Cupertino by the actual cost expended for PROJECT up to a maximum of $25,000. Costs in excess of $25,000 shall be assumed by the CITY. 2. If the lowest responsible bid 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 3 of this Section Ill. 3. 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 and CITY shall each bear their respective total actual costs expended for PROJECT to date of termination. COOP102.19 Agreement No. 5-CUP July 6, 1992 Page 4 of 6 4. Should the value of the design and construction contract award be lower than the total estimated cost of construction of PROJECT, the estimated cost of design, construction and construction administration of PROJECT in Sections I and II above shall be proportionally reduced without the necessity of an amendment to this Agreement, and the excess funds shall be returned to the Route 85 Cupertino landscaping budget (MSA 102-19). 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 or any contractor hired 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, AUTHORITY or any contractor hired by AUTHORITY shall fully indemnify and hold 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. COOP102.19 Agreement No. 5-CUP July 6, 1992 Page 5 of 6 7. Except as otherwise provided in Articles 1 and 2 of this Section III, 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 CITY OF CUPERTINO AUTHORITY By fry" , , ' . //firrt By J ES T. BEALL, R. NICK SZABO ""EST Mayor APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO FV14" L ALITY: K ViN D. ALLMAND CHARLES T. kILFAIT Deputy County Counsel City Attorney Attest: Attest: PHYLLIS . EREZ DOROTHY 54MNELIUS Assistant Clerk of the Board o upervisors City Clerk and Acting Secretary, Traffic Authority COOP102.19 July 6, 1992 Agreement No. 5-CUP Page 6 of 6 ✓tr�6 4) i /// ..�:,�^�._.-,�-f �...,...• I u 1 J 1p�� Ci4� may` ��•� .�` -�� 9NlOY2:- :INtS /' � '._ _.. � ' '�~�`-.�%L I Yh'�(yy-•oY�.�-1'�`j k. ._�'` `<�,..�••" � •-....- i p.-i 1 b' ';��`�/` T1 y��.i—x S.<3�4.:iS �''1 B J � 1 �' `\ � 1 — Nawaiior ooa,stte. j "�,�✓ 31road"~ /„ 3,.` SAWA CLARA COUNTY TRAFRC AUTHORITY .r&n Bea Barba VVW SXMHOMMW WhW F.Kid tam t otgn �•,�� . OxfterAnvtcsCnotrpees�► voos,Ker rtorti November ll, 1$9Z Mr. Bert Viskovich P( CUIC WORKS Director of Public Works City of Cupertino NOV 1 3 1992 10300 Torre Avenue Cupertino, CA 95014 Dear Mr. Viskovich: SUBJECT: Cooperative Agreement No. 5-CV? Enclosed for your signatr -twatoitr copies of the subJ4 Cooperative Agreement No. 5-CUP for the landscaping of Regnart Creek, cast of Stelling Road at Route 85. If you have any comments regarding the Cooperative Agreement, please contact Hank Havgse or Susan Collins at (408) 453-1313. . etct� tt �tltti":t the r �} :� t�s as soon"hs possible Please not r `tmst lae taro origsrals - one each for Authority and Cony Thank you for your continuing assistance with the Measure A Program. Sincerely, ROBERT W. SCOTT Interim Executive Director X, R WS/HH/IN ZrIl ._ �.. MSA 102-19 5-cup.let 9»tea Enclosures sy 1754 Technalopv Orlve,Suit®224,son.Jose,Colllornla 95190 • (40e)453-3771