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84-079 City of San Jose; Weyburn Ln Storm Drain System- Agreement, Resolution #6442 AGREEMENT BETWEEN THE CITY OF SAN JOSE AND THE CITY OF CUPERTINO FOR THE IMPROVEMENT OF THE WEYBURN LANE STORM DRAIN SYSTEM CITY OF SAN JOSE, a Municipal Corporation, first party hereinafter called "San Jose". CITY OF CUPERTINO, a General Law City, second party hereinafter called "Cupertino". AGREE this 2Ack day of \ # f I , 1984, as follows: RECITALS: A. San Jose proposes to improve the storm drain system within the area bounded by Saratoga-Sunnyvale Road, Bollinger Road, Bark Lane, and Calabazas Creek, hereinafter called PROJECT, to alleviate flooding. Since a portion of the drainage area upstream of the project boundary lies within the present jurisdictional boundaries of Cupertino, and in conformance with Part 10.05 of the San Jose-Cupertino Municipal Reorganization Agreement, March 27, 1979, San Jose and Cupertino enter into this agreement to have the storm drain improvements completed in a timely and efficient manner. AGREEMENT 1 . Plans and Specifications: San Jose will prepare plans and specifications for construction of the PROJECT. These plans and specifications will provide for a storm drainage system within the following streets: 2315 -1- LOCATION FROM TO a. Blue Hill Drive Saratoga-Sunnyvale Road Weyburn Lane b. Weyburn Lane Bluehill Drive Chiala Lane c. Chiala Lane Weyburn Lane Windsor Street d. Windsor Street Chiala Lane Bollinger Road e. Bollinger Road Windsor Street Arlington Lane f. Bollinger Road At Calabazas Creek + 33' SEE EXHIBIT A San Jose will submit a copy of plans and specifications to Cupertino for review and approval prior to award of contract. 2. AWARD OF CONTRACT AND CONSTRUCTION: San Jose will award and administer the construction contract pursuant to California law and City of San Jose Charter and City Ordinances. 3. COST SHARING OF PROJECT: On a proportional area basis, within the service boundary of the PROJECT, San Jose will pay 65% of the cost of the PROJECT. Cupertino will pay 35% of the cost of the PROJECT. Cupertino will deposit 35% of the sum of the actual bid price, at the time of the award of contract; and estimated engineering and inspection costs (E & I) will be deposited with San Jose, within 30 calendar days of billing by San Jose 2315 -2- 4. FINAL PAYMENT: Within 90 days following completion of the PROJECT, San Jose shall submit to Cupertino a statement of the itemized cost of the PROJECT. Resolution of any differences between actual cost and the amount deposited by City of Cupertino will take place at this time. 5. MAINTENANCE AND OPERATION: San Jose shall provide the maintenance and operation services for the storm drain system, as at present. The cost of maintenance and operation shall be shared by San Jose and Cupertino as set forth in Section 10.03 Part A of the agreement for San Jose - Cupertino Municipal Reorganization, March 27, 1979. 6. HOLD HARMLESS: The parties agree that each shall indemnify and hold harmless the other, their respective officers, agents, and employees, from any and all liability, obligations, damages, costs, injuries, or claims thereof including but not limited to, claims for damage or personal injury, including death and claims for property damage, arising in any manner from the performance or failure to perform on the part of the indemnifying party, the provisions of this Agreement. 7. LIABILITY INSURANCE: San Jose shall require the contractor who will perform the PROJECT construction to indemnify and defend the parties hereto and each of them and to provide and maintain in full force and effect during the construction of the PROJECT and until the acceptance of the PROJECT by San Jose, a policy of public liability and property damage insurance insuring each of the parties hereto, their officers, agents and employees, in connection with the construction of the PROJECT. The terms, provisions and conditions of such policy are those which San Jose normally requires in connection with the type of construction contemplated for the PROJECT. 2315 -3- CITY OF CUPERTINO, CITY OF SAN JOSE, A GENERAL LAW CITY A MUNICIP VCORPORATION 0 By: a/p�(.Qp �2 C � o 'ity o Cupertino Mayor 'City of San Jose" Thomas Marten APPROVED AS TO F RM APPROVED AS TO FORM CAA) City Attorney; City o`f Cuprtc� in'o Asst. City Attorney, City of San Jose ATTEST: ATTEST: c:VZ444.,SI the-it' Ci y Clerk, City o Cupertino City Clerk, - Ay of San Jose / 151 Helen E. Jackson 2315 -4- L EATON I-- : I —F QI >1 11�-3 ELEMENTARY S r 1 a - SCHOOL re- -- i EXHIBIT "A" p :x,160 F 111 t ._ __ *1 OEM HI • o hZ6 11 tias ��: 141��� Ulf Ii .0. ......._Nit lir e J .. �ll� , vWaftsglurro . >,�: - �. � � ----- . ;��' - tet-- �11 iv. .� a SHOPPING! '— - 1P21-14 TNIMPA , M 1 ,� m l Oa h. in-Th . . . 0.-------....._ ,,,,--wert . 76a , i, ,y) Ie�� 9°441 Ll GeR I I. .. Zile Ilin..111brilis ----------...i.,..T-1 Ca it : E et iII . - . m , -Mims a;sid '1 l ' II t& , t . ....7-„,• :.,,,,, i: :....r---,---, -.• . . 1 , ....., ...a ,-..,,e, sass . ef3/4 • Av. ----1 N®poss au y -' it)(--- -1....724_1! * A . j I4:7 , li + • is '1 I,.: Clar.rn on - S i. �. sJ 7 .".R 'a TKT1I •,. >/ ": . - :iII!I � C ••id . - kmh .. meat . • 6 - G \ y© i 1 I II "� ® ��a MEYERHOLZa_a I . O : Q.' ;_I Wim • s©o • , ELEt,iENTARYI , 1/ �� I ,1 --��&adszcama�ra�a� : SCHOOe 7e ' ;1a' '� , IIIIP r r�� I iGPFE' % \y\ V I Imo\ �I� -11 �d.s,n - ^ .1-.� , : n 1__, , l: fly_ ESIIII/tI3� VIS oeaeec6c - - ro vs III�,11I1�� >�� �P �A i . Ian �I L. engin� 1 l C F n I i' Miniiiik <;-' 1�.� • Q i a, �ec� eeco:aoa PROPOSED STORM DRAIN ! I `I n , CPr � ' R Ir 4 I it��- illg-1�..�..T'T-�.1 I i` IJ 11 i I f -'� i)tI'1 1 II PARK S�ni E �•• - JJII -= VICT-hl'lu HAP , laeybuza lana 1 :Er nJstorm Drain -------- .-nvlry can:=RION 1927 NORTH AuERfC>N OATUK i. .