CC Resolution No. 99-091RESOLUTION NO. 99-091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF CONTRIBUTION AGREEMENT BETWEEN
THE STATE OF CALIFORNIA AND THE CITY OF CUPERTINO
WHEREAS, the State of California has presented to the City Council a
Contribution Agreement for improvements for construction of a right turn lane on Route
85 southbound off-ramp to Stevens Creek Boulevard; and
WHEREAS, State of Califomia agreed to reimburse the City for one-half of the
actual construction cost, not to exceed $62,000; and
WHEREAS, the provisions, terms, and conditions of the aforementioned
contribution agreement have been reviewed and approved by the City Attorney and the
Director of Public Works.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby authorizes the Mayor and the City Clerk to execute said contribution
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 5th day of April, 1999, by the following vote:
Vote
Members o_fthe City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
BURNETT, CHANG, JAMES, STATTON, DEAN
NONE
NONE
NONE
ATTEST:
City Clerk
APPROVED:
Ma~or, City of~2upertino
DRAFT
March
I-2
1999
Right Turn Lane at Stsyens
Creek Blvd. Of~-Ramp
435S-2M4]01
DiSt. Agm=. NO. 4-1739-C
Document No. SCL-43-
CONTRIBUTION AGREEMENT
THIS AGREEMENT, .RNTERED INTO O~ April 5, 1999 .. , iS
between the STATE OF CALIFORNIA, acting by and through its De-
partment of Transportation, referred to herein as "STATE", and
CITY OF CUPERTINO
a. body politic and a municipal
corporation of the .State cf
California, referred =o herein as
"CITY".
RECITALS
(1) STATE and CITY, pursuant to Streets and Highways
Code. Section 114, are authori~ed to enter into a Contribution
Agreement for improvements to State highways within CITY.
(2) CITY contemplates =he ~onstrUc=lon of a right turn
lane on Route 8] southbound ofl-ramp to Stevens Creek Boulevard
in CITY, referred to herein aS."PROJECT". CITY prepared PROJECT
through =he e~croachment permit process and has advertised and
awarded PROJECT,
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I'IRR l~S '99 ll:E3RF1 CRI..TEP, MS S¢L B [3.3
DRAFT DistriCt Agreement No. 4-1739-C
(3) On August 8, 1997, CITY requested STATE to 9artic-
igate in funding one-hal~ (50%) o~ PROJECT constr~c~ion cost and
informed STATE that CITY will advance all (100%) fUndS to eMpe-
date PROJECT construction without delay.
(4) On AugUst 13, 1997, STATE agreed to reimburse CiTY
for one-half (~0%) of the actual PROJECT construction cost when
STATE funds become available.
(5) The parties hereto intend to define herein the
terms and con~i=ions under which PROJECT is to be constructed,
financed, and maintained.
SECTION I
CITY AGREE~:
(1) T~ administer and per,om% work for the construc~ion
contract for PROJECT in accordance with ~he terms of the
encroachment permit.
(2) To apply for necessary encroachment permits for re-
quired work within STATE highway rights of way, in accordance
with STATE's standard permit procedures, as more specif£call¥ de-
fined in Articles (1), (3), and (4) of section III of this Agree-
ment.
(3) To Construct PROJECT in accordance with plans and
speci~ications of CITY, to the ~atisfaction of and subject to the
approval of STATE according to requiremen~s o~ the cons~ruc~ion
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CAL TP~L% $ ~oo~
DRAFT Distri¢~ A~reement No. 4-17~9-C
(4) Upon completion and acceptance of the PROJECT con-
struction contract by CITY, to furnish STATE a complete set of
full-sized film positive reproducible Am-Built plans.
(S) The estimated construction cos= of ~ROJ~CT is
$62,000 and such cost shall not be exceeded unless additional
funds are provided by CITY.
(6) To submit billing to STATE .in the amount equal to
50% of the total actual construction cost for PROJECT upon com-
pletion and acceptance of construction contract for PROJECT by
STATE and CITY.
(7) To retain or cause to be
STATE or other government auditors for a period
years from date of final payment, all records
lng to construction of PROJECT.
S~CTIO~ II
retained for audit by
of thrQe (3)
and accounts relat-
STATE AGREES:
(1) To issue, at no cost to CITY and City's contractor,
the necessary encroachment permits for required work within State
highway right of way, as more specifically defined in Articles
(2), (3), and (4) of Section III of this Agreement.
(2) To provide, st no cost to CITY, a qualified STATE
representative who shall have authority to accept or reject work
and material~ or to order any actions needed for public safety or
=he preservation of property, and to assure com~liance with
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CAL TIL-kNS ~] 005
DRAFT ~l~%rict Agreemen: ~o. 4-17~9-C
provisions o~ the encroachment permits issued to CITY and CITY's
(3) To deposit with CITY (which billing wall be for-
warded after completion and acceptance o~ the construction con-
tract fo= PROJECT), one-half (50%) of the construction costs not
to exceed $31,000, which figure represents the lump s~m total
amount of STATE's agreed to share cf the amtual cost of con-
struction work,
neering costs,
Agreement.
not including preliminar~ and construction engi-
incurred by CITY during PROJECT pursuant to this
IT IS MUTUALLY AGREED:
(1) All oblige=ions of STATE under the terms oI this
Agreement are subject to ~he appropriation of resources by the
Legislature and the allocation of resources .by =he California
Transportation Commission.
{2) Construction by CITY of improvements relerred ~o
herein which lie within STATE highway rights of way or affect
STATE facilities, shall not be commenced until an encroachnlent
peLT~it to CITY authorizing such work has been issued by STATE.
(3) CITY shall obtain aforesaid encroachment permit
through the oflice of State District Perml~ Engineer and CITYts
application shall be accompanied by five (5) sets of reduced con-
struction plans of aforesaid STATE approved contract plans, and
five (~) Sets of specification~. Receipt bF CITY of the approved
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CAL TRA.,,' S [~006
DRAFT District Agreement No. 4-1739-C
STATE to proceed with work to be perf6rmed ~y CITY or CITY
senta~lves within STATE rights of way o= which affects STAT~ fa-
cill~ies, pursuant to work covered by this Agreement.
authorization =o proceed ~ith said work shall be con=lngent upon
CITY's compliance with. all ~rovisicns set forth in said
encroachment permit.
(4) CITY's construction con=rector shall also be re-
quired to obtain an encroachment permi= ~rom ~TATE prior =o com-
mencing any work within STATE rights of way or which
STATE ~acilttiss, The application by CITY's contractor for said
encroachment permit shall be made through the office of State
District ~ermi= Engineer an~ shall include proof said contractor
has paymen[ and performance surety bon~s covering construction
PROJECT.
of CITY and
In the cons=ruction of said work, representatives
STATE shall cooperate and consult with each other,
and all work within STATE's right of way shall ~e accomplishe~
the satisfaction of STATE's representative.
(6) Upon completion of construction of PROJECT to
satisfaction of the STATE representative, STATE will accept con-
trol of and ~aintain, at its own costs and expense, those
pot=ions o[ PROJECT lying w~thin STATE's right of way.
(7) Upon completion of all work under this Agreement,
ownership and title to all m~terials, ec/ttipment and a~purtenances
installed within STATE's righ~ cf way will automatically be
0;~/09/99 TUE 12:44 F.~ 51028,64618
CAL "~,.~x~S ~ 007
P.7
D~AFT District Ag~:eemenC No. 4-1739-C
vested
stalled
vested
in STATE, and ma~erials, equipment and appurtenances in-
outside of STATE's right of way will automatically be
in CITY. No further agreement will he necessary =o trans-
far ownership to STATE.
(8) Nothing in the provisions of Chis Agreement is in-
tended to create d~ties or obligations to or rights in third par-
ties not parties to this Agreement or affec~ =he legal liability
of either party to the Agreement by imposing any standard of care
with respect to the maintenance of State highways different from
the standard of care imposed by law.
(9) Neither STATE nor any officer or employee thereof
iS responsible for any damage or liability occurring by reason of
anything done or omitted to be done by CITY under or in con-
nection with any wor~, authority or Jurisdiction delegated =o
CITY under this Agreement. It is understood and agreed that,
pursuant ~o Government Code Sec=ion 895.4, CITY shall fully =e-
fend, indemnify and save harmless the State cf California, all
officers and employees from all claims, suits or actions of every
name, kind an~ description brought for or on account of injury
(as defined in ~overnment Code Section 81O.8) occurring by reason
cf anything ~one or omitted to be done by CITY under or in cent
nection with any work, authority or Jurisdiction delegated to
CITY under this Agreement.
(10] Neither CITY nor any officer or employee thereof
is responsible Zor any damage or liability occurring by reason o~
anything done or omitted to be ~one by STATE under or in con-
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P,~
nection with any ~ork, authori~y or ~urlsdlction delegate~ ~o
STATE under this Agreement. It is understood and agreed that,
pursuant to ~overnmen= Code Section 895.4, STATE shall fully de-
fend, indemnif~ an~ save harmless the CITY from all claims, suits
or actions of evez~ name, kind and description brought for or on
account of injury (aa defined in Gove=nment Code Section 810.$)
occurring by reason of anything done or omitted to'be done by
STATS under or in connection with any work, authority or ~uris-
diction delegated to STATE under this Agreement.
(11) No alteration or variation of the ter~s of this
Agreement shall be valid unless made in writing and signed by the
parties hereto, and no oral understan~i~g or agreement no% incor-
porated herein shall be binding on any of the parties hereto.
(12) This Agreement shall terminate u~on completion o~
construction of PROJECT an~ upon final payment to
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CAL TR.~XS ~]009
p.cj
CITY by STATE, pursuant to Section II, A:ticla (3) of =his Agree-
ment, or on June 30, 2003, whichever is earlier in time.
STATE OF CALIFOP~NIA
Department of Transportation
JOSE MEDINA
Director of Transportation
By:
CITY OF CUPERTINO
Mayor, City of Cupertino
Approved as to form
and procedure=
Attest:
City Clerk
Approved as to form and legality
Attorney
Department of Transportation
City Attorney
Certified as to budgeting
of funds:
District Budget Manager
Certified as to financial
ter~s and condi=ton~
Accounting Administrator
Cupertino City Council Resolution No. 99-09! attached.
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