89-128 Cooperative agreement with Santa Clara County Traffic Authority, Route 85 soundwalls behind corporation Yard, Reso 8571 4
Cit,4 of Cuperti"o
10300 Torre Avenue P.O.Box 580
Cupertino,CA 95014-3255 Cupertino,CA 95015-0580
Telephone: (408)252-4505
FAX: (408)252-0753
DEPARTMENT OF THE CITY CLERK
March 13, 1992
Santa Clara County Traffic Authority
Mr. Will,Kempton, Executive Director
1754 Technology Drive, Suite 224
San Jose, CA 95110
COOPERATIVE AGP 924ENT NO. 4 -CUP
Dear Mr. Kempton:
We are enclosing to you for your files two (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. 8571, which was enacted by the City
Council of the City of Cupertino, at their regular meeting of January 6,
1992.
.Sincere y,
-
CITY CLERK
CITY OF CUPERTTM
DC/so
encl.
cc: Department of Public Works
RESOLUTION NO. 8571
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING FXECUTION OF AGREENM BETWEEN THE SANTA CLARA
COUNTY TRAFFIC AUTHORITY AND THE CITY OF CUPERTINO ROUTE
85, SOUNDWAIIS BEHIND CORPORATIC�T ARD AT MARY AVENUE
WHEREAS, there has been presented to the City Council an agreement
entitled, "Cooperative Agreement No. 4-CUP, Route 85, Soundwalls Behind
Corporation Yard at Mary Avenue in the City of Cupertino", between the
Santa Clara County Traffic Authority and the City of Cupertino; and
'WHEREAS, said agreement provides for the construction of soundwalls
adjacent to the City's Service Center on Mary Avenue; and
WHEREAS, the cost of the soundwalls is the responsibility of the City
of Cupertino; and
WHEREAS, the provisions, terms, and conditions of the aforementioned
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 said agreement and authorizes the Mayor and the
City Clerk to execute said agreement on behalf of the City of Cupertino.
PASSED APED ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 6th day of January , 1992, by the
following vote:
Vote Members of the City Council
AYES: Dean, Goldman, Koppel Sorensen
NOES: None
ABSENT: Szabo
ABSTAIN: None
APPROVED:
/s/ Lauralee Sorensen
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk
COOPERATIVE AGREEMENT NO. 4-CUP
ROUTE 85
SOUNDWALLS BEHIND CORPORATION YARD AT MARY AVENUE
IN THE CITY OF CUPERTINO
This Agreement is entered into on the 6th day of January , 1992 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 on and near State Highway Route 85 in the
City of Cupertino in Santa Clara County improvements consisting of approximately 920 feet
of soundwall (from station 31 +80 to 41 +00 at "SW1" line) in back of the Corporation Yard
at Mary Avenue referred to herein as "PROJECT". A diagram identifying the location of
PROJECT is attached as EXHIBIT A.
2. Construction of PROJECT will facilitate construction of Route 85 which is part of the
AUTHORITY's Measure A Program.
3. AUTHORITY is willing to provide plans, specifications and estimates (PS&E) for PROJECT.
4. AUTHORITY is willing to design, construct 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,
Corpyard.sw Agreement No. 4-CUP
March 9, 1992 Page 1 of 7
inspection, materials testing, claims processing and closeout.
5. CITY, pursuant to Streets and Highway Code Section 114, will enter into a separate agreement
with the State of California Department of Transportation, referred to herein as "STATE",
regarding portions of PROJECT on STATE right-of-way and subsequent maintenance thereof.
6. AUTHORITY and CITY do mutually desire to jointly 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 provide plans, specifications and estimates (PS&E) for PROJECT in accordance with
applicable STATE standards and guidelines.
2. To obtain all right-of-way, permits and clearances required for PROJECT at no cost to CITY.
3. To construct PROJECT by contract in accordance with PS&E.
4. To provide or arrange to have provided, construction administration for PROJECT as defined
in RECITALS, Article 4 above at no cost to CITY.
Corpyard.sw Agreement No. 4-CUP
March 9, 1992 Page 2 of 7
5. To submit to CITY, within thirty days after execution of this Agreement, an invoice for
$258,500 which is CITY's not-to-exceed cost of design and construction.
6. To maintain funds received from CITY for design and construction in a separate, identifiable
account bearing interest for the benefit of CITY at the currently prevailing rate earned by
AUTHORITY's funds.
7. To draw upon such account for the payment of CITY's share of costs actually incurred by
AUTHORITY for construction, and to provide monthly statements to CITY of the activity in and
status of the account.
8. To submit to CITY 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.
9. To submit to CITY 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.
10. Upon completion of construction of PROJECT and all work incidental thereto, to provide to
CITY a detailed statement of the total actual costs of construction of PROJECT. Within thirty
days thereafter, AUTHORITY shall refund to CITY any amount remaining in CITY's account as
described in SECTION I, Article 6 above, after CITY's share of the total actual costs of
PROJECT have been deducted.
Corpyard.sw Agreement No. 4-CUP
March 9, 1992 Page 3 of 7
SECTION II
CITY AGREES:
1. To provide technical oversight and direction of the development of the plans, specifications,
and estimates (PS&E) for PROJECT.
2. To.bear 100% (estimated to be $23,500) of the total actual cost of PS&E for PROJECT.
3. To bear 100% (estimated to be $235,000) of the total actual cost of construction of PROJECT
including all materials, supplemental work, changes and claims associated with construction
of PROJECT.
4. That CITY's total obligation for design and construction of PROJECT under this Agreement
shall not exceed $258,500.
5. To pay AUTHORITY within thirty days after receipt of an invoice from AUTHORITY, as
described in SECTION I, Article 5 above, a deposit in the amount of $258,500 to cover CITY's
share of costs of design and construction for the PROJECT.
6. To provide for maintenance of all facilities as constructed under this PROJECT in accordance
with RECITALS, Article 5 above, and make no claim against AUTHORITY for any portion of
such maintenance expense.
Corpyard.sw Agreement No. 4-CUP
March 9, 1992 Page 4 of 7
SECTION III
` IT IS MUTUALLY AGREED:
1. 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 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, CITY
shall bear 100% of total design and construction costs expended to date.
3. Should the value of the construction contract award be lower than the total estimated cost of
construction of PROJECT, design and construction administration in SECTIONS I and II 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 and STATE, as appropriate, in accordance with provisions of the Agreement described
in RECITALS, Article 5 above. No further agreement will be necessary to vest appropriate
ownership in CITY and STATE.
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 under or in
connection with any work, authority or jurisdiction delegated to CITY under this Agreement.
Corpyard.sw Agreement No. 4-CUP
March 9, 1992 Page 5 of 7
It is also understood and agreed that, pursuant to Government Code Section 895.4, 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, 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.
Corpyard.sw Agreement No. 4-CUP
March 9, 1992 Page 6 of 7
°
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
B By
ra
EST. BEALL, JR. t,JA RALEE SORENSENrperson Mayor
APPROVED AS_i 0 FORM AND LEGALITY: APPROVED AS TO FORM AND LEGALITY:
KEVIN D. ALLMAND ARLES T. KILI
Deputy County Counsel City Attorney
Attest: Attest:
A. Erw
Su wiKA� DONAL RAINS D ROTHY CORN'ELIUS
Clerk of the Board of Supervisors and Acting Clerk
Secretary, Traffic Authority
Corpyard.sw Agreement No. 4-CUP
March 9, 1992 Page 7 of 7
DEC 30 '91 11:20 TRAFFIC AUTHORITY/BECHTEL CORP.
o '
EXHIBIT A
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PROJECT PLANS- FOR CONSTRUCTION ON — — , —
STATE HIGHWAY
1N SANTA CLA,RA COUNTY r
IN CUPERTINO AND SUNNYVALE
STEVENS CREEK ' BOULEVARD TO 0.3 MILL' NORTH OF RCUT-c 2c0
To ee -UPPICmeriked Sy Slcndard Plana doted January• }S98
End Work (Route 280
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SANTA CLARA COUNTY
b TRAFFIC AUTHORITY
Jim Beall Barbara Tryon Susan Hammer Michael F.Kotowski Zoe Lofgren
Chairperson VlceChairperson
Will Kempton,Executive Director
March 9, 1992
Mr. Bert Viskovieh
Director of Public Works f'UBI.f�
City of Cupertino WC)RI(S
10300 Torre Avenue
Cupertino, CA 95014 MAR I 1 1�4�
Dear Mr. Viskovich:
SUBJECT: Cooperative Agreement No. 4-CUP
Enclosed for signature are three copies of the subject Cooperative Agreement
No.,4-CUP for the design and construction of a soundwall behind the Corporation.Yard
at Mary Avenue on Route 85.
If you have any comments regarding the Cooperative Agreement, please contact
David Downs or Susan Collins at (408) 453-1313.
i
Please ha�ve all-�cop;<es��g�ned by your authvricd rcpresentat�ve`s and-refura�th�e --
rcclugs�te IlauiTllSeY a c.ra,p�es of t=h G Arte aloe' me, ta5€tows as�so°o�sypos ,�bf�et +lase ,-
' n o�.� t�h{a t �h� T►<<� f t�c �u t� ,a��1,� rs�,u s "lt'�c.��,� o�a�g.in�a,ls�c�u� e_.�.c h f���- �!+.u 1•rar><t,. -a�n d
Thank you for your continuing assistance with the Measure A Program. .
Sincerely,
I1 �
WILL KEMPTON
Executive Director
WK/DGD/SC/sf
MSA 109-10 J
4-cup.let
Enclosures
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