89-004 Performance agreement with Santa Clara County Traffic Authority in conjunction with Route 85, Reso 7718, 8460, Cooperative agreement Storm/Sewer interceptors o ,
Iti8sO1=0N NO. 7718
' A RESOIJ. ON OF THE CIV COUNCIL OF.THECITY OF QTpEE�I'INO
�AryLfl{,7H0R,TIZZ3N�G��,�1]W'h'I0�N]DOF,
gP�E7�R1101 13ANCC�E'�1AG�R�71���Fir J:
^ �1►'L�Ld\ BE SANTA �.J.Y RA VM.�l`Ili 11�C]l'3: C AUI!LVi�i.1.1
AND TIM CITY OF ajPERTINO, IN OON.TUNCTION WI'IlI
R7M 85 WME24 THE CITY OF ajPMU 1 NO
WHEREAS, there has been presented to the City Council a
"Performance Agreement" between the Santa Clara County Traffic Authority
and the City Of Cupertino in conjunction with the construction of that
certain segment.of Rcute 85 within the City of Cupertino; and
WHEREAS, the City Council has heard said Agreement-,read in full
and is familiar with the contents thereof;
NOW, AFORE, HE IT RESOLVED that the City Co
t'ncail o authorizes
teCity
of Cupertino hereby approves the Performance Agreem�esi
the Mayor and the _City Clerk to execute said agreement in behalf of the
City of Cupertino•
PASSED AND ADOPTED at . a regular adjourned meeting of the City
Council Of the City Of 04*rtino on the 24th day of January , 1989,
by the follOAM Vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Koppel, Rogers, Plungy
NOES: None
ABSENT: None
None
AT=: - APPFDVED:
Joh Plungy
/s/ Dorothy Cornelius
/ / J. ,
City Clerk or, City of Cupertino
PERFORMANCE AGREEMENT
THIS AGREEMENT, made and entered into this 6th day of February, 1989,
by and between the SANTA CLARA COUNTY TRAFFIC AUTHORITY (herein referred to
as "TRAFFIC AUTHORITY"), and the CITY OF CUPERTINO (herein referred to as
"CITY"),
WITNESSETH:
WHEREAS, in 1984 the voters of Santa Clara County passed Measure A on the
ballot, authorizing a one-half of one percent sales tax in the County for a period of ten
years, to fund major highway improvements on State Routes 85, 101, and 237; and
WHEREAS, the TRAFFIC AUTHORITY was created ,to administer the program and
see that specific identified improvements were implemented; and
WHEREAS, through the development of Freeway Agreements, it became evident that
a separate Agreement was appropriate between the CITY and the TRAFFIC AUTHORITY
which would outline mitigation standards, establish specific design guidelines, and specify
CITY participation in the design process; and
WHEREAS, the TRAFFIC AUTHORITY intends to provide equitable application of
policies and measures for all Corridor cities, in the implementation of the Route 85
freeway project; and
WHEREAS, it is the mutual desire of the parties hereto, to enter into this
Performance Agreement in accordance with the attached information;
NOW, THEREFORE, IT IS AGREED:
1. This Agreement is executed in conjunction with the separate Freeway
Agreement between the CITY and the CALIFORNIA DEPARTMENT OF
TRANSPORTATION (herein referred to as "CALTRANS").
2. This Agreement, by reference, incorporates the following documentation: the
TRAFFIC AUTHORITY'S Stratcic Plan, August 1988; the Route 85 Environmental Impact
Statement, July 1987; the Mitigation Plan, December 1987; and the Route 85 Bicycle
Corridor Plan, November 1988. Commitments made by this Agreement shall be an
extension of these documents.
3. The general alignment of Route 85, along with street closures and interchange
locations will be addressed in the Freeway Agreement between the CITY and CALTRANS.
4. Route 85 through the CITY will be a 6 through-lane facility with a median
width of 46', except where auxiliary lanes are required at the Route 85/280 interchange;
and a vertical profile as shown in Attachment "A".
5. The CITY has participated in the development of corridor visual design
guidelines, through a committee composed of represeiaatives from Route 85 communities.
y From this effort, a general design theme will be specified and design guidelines
prepared. These guidelines address prospective visual aesthetics of design features such
as retaining walls, sound walls, bridges, pump stations, community walls, landscaping and
related amenities. The guidelines will be followed in the final design of freeway
facilities. Attachment "B" represents alternative surface treatments to be selected by
the CITY for use in final design of.the features listed herein.
6. Attachment "C" defines tentative locations and heights for sound attenuation
along the Route 85 corridor, as shown in the Mitigation Plan. Sound walls will
generally be designed and constructed in accordance with Federal and State guidelines.
The CITY will have the opportunity to provide input during the design process through
community meetings and review of design documents.
7. The TRAFFIC AUTHORITY will provide levels of landscaping°.over and above
those required by Federal and State standards. Specific types and locations will be
determined in the design process, with input from the Aesthetics Review Committee and
approval by the CITY. Landscaping design will seek to maximize local aesthetics, and
minimize long-term maintenance costs, within the available budget.
The TRAFFIC AUTHORITY'S allowance for landscaping is
$ 25,000 per landscaped- acre, and community input will determine the design emphasis.
Attachment "D" provides graphic representation of 5 major areas of typical freeway
landscaping: 1. Depressed profile 2. Elevated profile 3. At-grade profile
4. Local street interchange 5. Major freeway-to-freeway interchange. These displays
demonstrate typical densities and general layouts of ground cover. The CITY will direct
the allocation of the landscaping allowance within their boundaries, consistent with the
Visual Design Guidelines.
8. CALTRANS has developed a visual theme for the Route 85 bridges, which
utilizes a tapered, rounded box structure and piers. The CITY may include aesthetic,
non-structural changes which may enhance a preferred local theme. Bridges will be
designed and constructed in a manner not to preclude future mass transit development
in the freeway median.
9. Local historic, archaeological and cultural resources impacted by the freeway
project will be assessed and dealt within accordance with the Environmental Imaact
Statement and the Mitigation Plan. A separate Bicycle Plan has been developed in
cooperation with CALTRANS and the CITY. Attachment "C" defines potential pedestrian
and bicycle facilities and impacted historic sites in the Route 85 corridor through the
CITY.
Ovcrcrossing bridges will be designed to accommodate bicycle facilities, in
accordance with the Route 85 Bicvcle Plan.
10. The TRAFFIC AUTHORITY is committed to promoting the preservation of
existing housing within the CITY. Should surplus housing become available, the
buildings will be offered to the CITY, at fair market value, for disposal.
11. The CITY will participate in the final design process through attendance at
regularly scheduled meetings. These meetings are held to coordinate the efforts of the
design team; to allow affected agencies to express their interests and concerns; and to
ensure consistency with current State and local standards, and the Visual Design
Guidelines.
12. The TRAFFIC AUTHORITY agrees to phase construction of the freeway in
such a manner that minimum segments to be opened to traffic are as follows:
o Route 280 to Route 17
o Route 17 to Route 87
o Route 87 to Monterey Highway
o Monterey Highway to Route 101
In the event that this schedule becomes unattainable,
if one or more corridor cities fail to execute a Freeway Agreement in a timely manner,
or if construction of the freeway segment through the CITY is completed in excess of
six months prior to the completion of the freeway to Route 17, the TRAFFIC
AUTHORITY'agrees to request an Amendment to this Agreement and to revise the
schedule in a manner acceptable to both parties. Attachment "E" is the current
Strategic Plan construction schedule for Route 85.
13. Wherever feasible, soundwalls will be designated as early construction.
14. The TRAFFIC AUTHORITY agrees to provide local impact studies for the loss
of existing access from northbound Route 280 to Route 85/Stevens Creek Boulevard in
the CALTRANS' proposed Route 85/280 interchange modifications.
The TRAFFIC AUTHORITY agrees to provide funding not to exceed $ 3.0
Million, for related local street improvements to replace the loss of access from
northbound Route 280 to Route 85/Stevens Creek Boulevard, in a mutually acceptable
manner.
15. The TRAFFIC AUTHORITY agrees to fund an interchange at Saratoga-
Sunnyvale Road, after the CITY approves the proposed interchange configuration. The
TRAFFIC AUTHORITY also recognizes that the CITY currently supports a full-diamond
interchange at this location.
16. Construction noise control and working hours will be consistent with or
exceed the requirements of local regulations and ordinances. Should a conflict arise,
the TRAFFIC AUTHORITY and CITY will evaluate the circumstances and propose
conditions that are acceptable to both parties.
17. The TRAFFIC AUTHORITY agrees to only provide funding for the design and
construction of Route 85 in accordance with this Agreement. The TRAFFIC
AUTHORITY will provide final plans and specifications to the CITY for review.
On the CITY's acceptance that the documents are consistent with this
Agreement, the project will be advertised for construction. If any concerns are raised
during this review, the TRAFFIC AUTHORITY agrees to withhold funding of the project
until these issues can be resolved.
18. The CITY will have the opportunity to enter into a separate Cooperative
Agreement, committing local funds to enhance the design commitments made in this
Agreement.
19. This Agreement may be modified at' any time by the mutual consent of the
parties hereto, as may become necessary for the best accomplishment, through TRAFFIC
AUTHORITY and CITY cooperation, of the whole freeway project for the benefit of the
People of Santa Clara County. If unforeseen cost increases, or significant environmental
impacts'arise beyond those anticipated by this Agreement, each party reserves the right
to request an Amendment to this Agreement.
20. TRAFFIC AUTHORITY agrees to defend, indemnify, and hold CITY harmless
against any and all claims, damages, losses, demands, or causes of action arising out of
any negligence or intentional misconduct on the part of the TRAFFIC AUTHORITY, its
agents, employees, attorneys, assignees, or contractors in the course of performing this
Agreement. The indemnity provided by this paragraph shall include reimbursement of all
reasonably incurred costs and attorney's fees.
21. CITY agrees to defend, indemnify, and hold the TRAFFIC AUTHORITY
harmless against any and all claims, damages, losses, demands, or causes of action
arising out of any negligence or intentional misconduct on the part of CITY, its agents,
employees, attorneys, assignees, or contractors in the course of performing this
Agreement. The indemnity provided by this paragraph shall include reimbursement of all
reasonably incurred costs and attorney's fees.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective duly authorized officers.
SANTA CLARA COUNTY CITY OF CUPERTINO
TRAFFIC AUTHORITY By
By
4�ROVE AS TO PRO D AS TO
FORM AND LEGA ITY: FORM ND I, L Y:
Attorney (AUTHORITY) ttorney (CITY)
Deputy City Clerk
SANTA WRA COUNTY
TRAFFIC AUTHORITY
Zoe Lofgren Jim Beall David Moyles Tom McEnerxu PUBLIC
�1�CAM Toole
Chairperson Vice Chairperson tt''
Will Kempton,Executive Director
FEB 15 1989
February 10, 1989
Mr. Bert J. Viskovich
Director of Public Works
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
SUBJECT: U 85' PERFORMANCE AGREEMENT
Dear MV ovich:
Please find enclosed for signature, foie-= '�( cC N*
tY .eltzteT8�-1?erforanancAre�nent°� as approved by the City-
on—January 24; 1989, and by the Traffic Authority on
February 6, 1989.
The Agreement will subsequently be signed by the
Traffic Authority, and a fully executed copy will be
returned to you for your records.'
If you have any questions or concerns, please call.
Sincerely,
WILL KEMPTON
Executive Director
WK/JJB
cuper. ltr
a
1754 Technology Drive Suite 224, San Jose California 95110 (408)971-6336
Citw of.Cupertino
10300 Torre Avenue
Cupertino, California 95014 P.O. Box 580
Telephone: (408) 252-4505 Cupertino,California 95015
DEMAIM OF THE CITY CLERK
3, 1989
Mr. Will Ston
Santa lClara , Executive Director
1754 Santa
Traffic Authority.
Suite 224
ology Drive
San-Jose, CA. '95110
Dear Mr. Ston:
We are enclosing to You f
ur
Performm1Ce Agreement ° (4) fully executed
at.theme• which was along With four. copies of the Route 85
enacted by the C (4) Certified copies of
regular meeting of Council of the Cl solution
Tummy, JanuaxY 24, 1989. City of C Pertino,
Office.
C�lpletion Would You please return a
fully executed copY to this
Thank you for Your cooperation.
Sincerely,,
DOPDIHy �RNELIUS .c�
CZY CIEW
CITY OF CUPEzumO
DC/so
encl.
cc: Depertnent of Public Works
ti
RESOLUTION NO. 8460
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ALmIORIZING E=nICIN OF "COOPERATIVE AGREENU NO. 2-CUP ROUTE
851, OCNSIR1=CN OF STORM/SEWER INTERCEPTORS BETWEEN MCCLELLAN
ROAD AND STEVENS (MEEK BOULEVARD" BETWEEN THE SWM CLARA
COUNTY TRAFFIC AUTHORITY AND THE CITY OF CUPERTINO
WHEREAS, in order to facilitate the construction of Route 85 froan
prospect Road to the existing Rout 85 (MSA 102-10), it is necessary to
construct storm/sewer interceptors between McClellan Road and Stevens
Creek Boulevard; and
WHEREAS, the Traffic Authority and the City desire to cooperate in
acccuplishing the construction of the interceptor project and have
presented to the City Council a proposed cooperative agreement; and
WHEREAS, the provisions, ' terms, and conditions of the cooperative
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 authorizes the Mayor and the
City Clerk to execute said agme ent on behalf of the City of Cupertino.
PASSED AMID ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 29th day of July 1991, -by the
following vote:
Vote Members of the City Council
AYES: Rogers, Sorensen, Koppel
NOES: None
ABSENT: Goldman, Szabo
ABSTAIN: None
APPROVED:
/s/ Barb Koppel
Mayor, City of Cupertino
ATTEST:
THIS IS T❑ CERTIFY THAT THE WITHIN
INSTRUMENT.IS A TRUE AND CORRECT COPY
OF THE ORIGIN
yON FILE IN THIS ❑FFICF-
/s/ Dorothy- Cornelius ATTEST` ((-'(`�__I�
City Clerk CITY CLERK � CITY OF CUPER INS 19 IN
9Y
/+ CIT C ERK
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
1. 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 necessary 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.
COOP102 . 11 Agreement No. 2—CUP
August 5, 1991 Page 1 of 8
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 provide plans, specifications and estimates (PS&E) for PROJECT in accordance
with applicable standards and guidelines of City of Cupertino at no cost to CITY.
COOP102 . 11 Agreement No. 2—CUP
August 5, 1991 Page 2 of 8
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.
COOP102 . 11 Agreement No. 2—CUP
August 5, 1991 Page 3 of 8
SECTION II
CITY AGREES:
1. To provide technical oversight and direction of the development of the plans,
specifications and estimate (PS&E) for PROJECT, at no cost to AUTHORITY.
y.
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 received from AUTHORITY for construction and additional
direct costs in a separate, identifiable account bearing interest for the benefit of
AUTHORITY at the currently prevailing 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
COOP102 . 11 Agreement No. 2—CUP
August 5, 1991 Page 4 of 8
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
4
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.
11. Upon completion of construction of PROJECT and all work incidental
thereto, to provide 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 have been deducted.
COOP102. 11 Agreement No. 2—CUP
August 5, 1991 Page 5 of 8
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.
r.
SECTION III
IT IS MUTUALLY AGREED:
1. 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 value 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
COOP102 . 11 Agreement No. 2—CUP
August 5, 1991 Page 6 of 8
• Sections I and II above shall be proportionally reduced without the necessity of an
J
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
4-
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,
COOP102 . 11 Agreement No. 2—CUP
August 5, 1991 Page 7 of 8
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.
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 CITY OF CUPERTINO
AUTHO Y
By - 0/044By p –=–a�
JA S T. BEALL, JR. �01e- Mayor, City of Cu rtino
C irperson
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGALITY: LEGALITY:
kfVff D. AL MAND Charles Kilian
Deputy County Counsel City Attorney
At • st: ATTE S .
'®r,
DONALD M. RAINS "ty Clerk
Clerk of the Board of Supervisors and Acting
Secretary, Traffic Authority
COOP102 . 11 Agreement No. 2–CUP
August 5, 1991 Page 8 of 8
SURFACE TREATMENT
STRUCTURE TYPES - TEXTURED CONCRETE BLOCK
MASONRY BLOCK CAP
LIGHT COLORED ACCENT BAND
f DARK COLORED SPLIT-FACED
FUTE
L D MASONRY BLOCK
`PERSPECTIVE SKETCH
ACCENT BAND nw
-
. .....:::...:
:.::....:....
.:::.::......
. ......... ..
.:.........
HOLES IN WALL FOR VINES
CONCRETE BARRIER -
EDGE OF SHOULDER WITH LANDSCAPE SETBACK FACING COMMUNITY
SANTA CLARA COUNTY PERFORMANCE AGREEMENT
TRAFFIC AUTHORITY ROUTE 85 WEST VALLEY CORRIDOR
DAMES & MOORE ATTACHMENT "B" 1 OF 5
,o>umrA%.fr- i nLzPA i iviL-lm 1
STRUCTURE TYPES - PRECAST CONCRETE
,7
LIGHT COLORED ACCENT BAND
All
DARK COLORED VERTICALLY
PATTERNED CONCRETE-
4.1,mmq
X p
ACCENT BAND
MOM
Mt
aJ
HOLES IN WALL FOR VINES
................................ m-. ...........
CONCRETE BARRIER
EDGE OF SHOULDER WITH LANDSCAPE SETBACK FACING COMMUNITY
PERFORMANCE AGREEMENT
SANTA CLARA COUNTY
TRAFFIC AUTHORITY ROUTE 85 WEST VALLEY CORRIDOR
DAMES &MOORE ATTACHMENT AW 2 OF 5
SURFACE TREATMENT
STRUCTURE TYPES - CAST-IN-PLACE
........................... .........
CAP
LIGHT COLORED ACCENT BANDqw
DARK COLORED ED
VERTICALLY
ALLY
PATTERNED CONCRETE
pp
VERTICALLY TEXTURED
CAP
ACCENT BAND
ihl1
sa:asa:[stt:itt:.
l
HOLE IN WALL FOR VINES ;1.:.::;.:;.:. :.:;.;:.;:.>:.
.r . . :::::::::.: :: :::.:
CONCRETE BARRIER •.• .• °�°°°`
I
EDGE OF SHOULDER WITH LANDSCAPE SETBACK FACING COMMUNITY
SANTA CLARA COUNTY PERFORMANCE AGREEMENT
TRAFFIC AUTHORITY
ROUTE 85 WEST VALLEY CORRIDOR
DAMES &MOORE ATTACHMENT "B" 3 OF 5
SUKI-ALt I tiCH 1 MCIV 1
STRUCTURE TYPES - CAST-IN-PLACE
WOOD D
TEXTURED X
TU
R
E
D
CONCRETE
N
C
R
ET
E
LIGHT COLORED AND ACCENT BAND
WOOD TEXTURE
t
is
COMMUNITY SIDE
PERFORMANCE AGREEMENT
SANTA CLARA COUNTY
ROUTE 85 WEST VALLEY CORRIDOR
TRAFFIC AUTHORITY
ATTACHMENT "B" 4 OF 5
DAMES & MOORE
SURFACE TREATMENT
TABLE OF DESIGN TREATMENT FOR WALLS
TABLE OF DESIGN TREATMENTS FOR WALLS
IRDGE BRIDGE RETAINING RETAINING HWE-
COLOR TEXTURE ABUTMENTS ABUTMENTS WALLS WALLS(FREEWAY) SOLf.O.W. S SOiJP INALLS BARRIERNT
ONPoETE
(COMMUNITY) (FREEWAY) (COMMUNITY)
A
A
A
SIDE 1 -S Split-Faced Fluted,
d
, (
Side 10
n (Side 2
on
(Side
1 on
•
with Plain Tan
Band
Community
Side)
Community k1
Side))
Both
Ski")
Dark-Brown
i
SIDE 2
-Plain with Tan
Ran Accent)
Irt S P Fa F
-Faced Fluted Band
Near Top.
B
B
B
Wit-Faced Fluted ed with Plain
Rust. F
•
Medium Ru 1
Ban
d Near
To
PBth
Sie
dos)(Painted)
e
Same as Treatment 2
Exp
c t
B
Medium Rust-st- B
with Rough h S
awn
Ture
Brown Wood
Texture
B
(Painted)
I
on
Community Side
unit
Medium Rust
B-
Cr r
B C�- -Faced Fluted,No Band B BC
. SIR
P
Brown
Paint
SIDE 1
-SPIRF
- aced Fluted
with
C
•
Medium Rust-
Pn
lei Band
Brown
(Painted)ted
1 SIDE 2-Pilasters tars
with
Stamped
Rb bed Text.
Sawn- S n W
ood Texture C
SIDE 1ou
R h
Mu Rust-•
Medium R
P ed
withStam
' 2-Pilasters
Bro
wn Pamted SIDE
Rb
bed Te xl.
CONSTRUCTION METHOD
A- Concrete Block
B- Cast-In-Place Concrete
C- Pre-Cast Concrete
Cr-Reinforced Earth (Pre-cast Panels)
D-Wood
SANTA CLARA COUNTY PERFORMANCE AGREEMENT
TRAFFIC AUTHORITY ROUTE 85 WEST VALLEY CORRIDOR
DAMES &MOORE ATTACHMENT "B" 5 OF 5
FREEWAY FUNDAMENTALS
WALL LOCATIONS `
e Walt locations SOUNDWALL
right-of-way: the land secured and SHOULDER
reserved to the public for highway LANDSCAPE
purposes, sidewalks, utilities, etc.
SETBACK
hinge-point: the area or point where a
fill slope rounds off from the edge of the
shoulder in an elevated profile
RIGHT-OF-WAY
COMMUNITY
FENCE
HINGE-POINT
SANTA CLARA COUNTY PERFORMANCE AGREEMENT
TRAFFIC AUTHORITY - ROUTE 85 WEST VALLEY CORRIDOR
DAMES & MOORE ATTACHMENT "C"
LANDSCAPE PLAN
AT-GRADE PROFILE
1/4 MILE
EVERGREEN TREES
GROUNDCOVER LARGE SHRUBS
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....ROUTE 85 T
MEADOW GRASS/WILDFLOWER MIX LARGE DECIDUOUS TREES
LANDSCAPE TREATMENT
TYPICAL 1/4 MILE SECTION
(2 ACRE LANDSCAPED AREA) ; » .
APPROXIMATE PLANT QUANTITIES
• 85 TREES
• 35 SHRUBS - -
• 35.000 SQ. FT, OF GROUNDCOVER
• WCLUDES IRRIGATION
PERFORMANCE AGREEMENT
SANTA CLARA COUNTY
TRAFFIC AUTHORITY ROUTE 85 WEST VALLEY CORRIDOR
ATTACHMENT "D" 1 OF 7
DAMES &MOORE
LAN LJ5L;AFt: VLAN
BELOW-GRADE PROFILE
1/4 MILE
MEADOW GRASS/WILDFLOWER MIX LARGE DECIDUOUS TREES
REF-
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.. ROUTE 85 --
---- - -- - --- -
EVERGREEN TREES
GROUNDCOVER LARGE SHRUBS
LANDSCAPE TREATMENT ..
TYPICAL 1/4 MILE SECTION .• ,w;,. ••�
(2 ACRE LANDSCAPED AREA)
APPROXIMATE PLANT QUANTITIES _
• 110 TREES
r•�
• 75 SHRUBS
• 27.500 SQ. FT. OF GROUNDCOVER
• INCLUDES IRRIGATION
SANTA CLARA COUNTY PERFORMANCE AGREEMENT
TRAFFIC AUTHORITY ROUTE 85 WEST VALLEY CORRIDOR
DAMES &MOORE ATTACHMENT "D" 2 OF 7
LANDSCAPE PLAN
ELEVATED PROFILE
1/4 MILE
LARGE DECIDUOUS TREE- GROUNDCOVER
low
.. - • ' • Y
• - ROUTE 85.-,.' • .. . .` -" -
EVERGREEN TREES LARGE- SHRUBS MEADOW GRASS/WILDFLOWER MIX
LANDSCAPE TREATMENT
TYPICAL 1/4 MILE SECTION
(2 ACRE LANDSCAPED AREA) "ti c'sr=`*••rte - ' '°�,;r j
APPROXIMATE PLANT QUANTITIES Y -
• 75 TREES
• 40 SHRUBS
• 94,000 SQ. FT. OF GROUNDCOVER -
• INCLUDES IRRIGATION
SANTA CLARA COUNTY PERFORMANCE AGREEMENT
TRAFFIC AUTHORITY ROUTE 85 WEST VALLEY CORRIDOR
DAMES & MOORE ATTACHMENT"D" 3 OF 7
LANDSCAPE PLAN .
LOCAL STREET INTERCHANGE
1
LANDSCAPE TREATMENT
8 ACRES AVAILABLE FOR LANDSCAPING
APPROXIMATE PLANT QUANTITIES _
SHRUBS
® 125 TREES
® 325 SHRUBS - DECIDUOUS TREES _
176,500 SQ. FT. OF GROUNDCOVER
o INCLUDES IRRIGATION
s SHOWS POTENTIAL FOR MEDIAN LANDSCAPING
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EVERGREEN TREES
GROUNDCOVER
SANTA CLARA COUNTY PERFORMANCE AGREEMENT
TRAFFIC AUTHORITY ROUTE 85 WEST VALLEY CORRIDOR
DAMES & MOORE ATTACHMENT "D" 4 OF 7
PERSPECTIVE SKETCH
LOCAL STREET INTERCHANGE
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SANTA CLARA COUNTY PERFORMANCE AGREEMENT
TRAFFIC AUTHORITY ROUTE 85 WEST VALLEY CORRIDOR
DAMES &MOORE ATTACHMENT %D" 5 OF 7
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SANTA CLARA COUNTY PERFORMANCE AGREEMENT
TRAFFIC AUTHORITY ROUTE 85 WEST VALLEY CORRIDOR
DAMES&MOORE ATTACHMENT "D" 7 OF 7
D R A F T
PERFORMANCE AGREEMENT
THIS AGREEMENT, made and entered into this day
of , 1989, by and between the SANTA CLARA COUNTY
TRAFFIC AUTHORITY (herein referred to as "TRAFFIC AUTHORITY") ,
and the CITY OF CUPERTINO (herein referred to as "CITY") ,
WITNESSETH:
WHEREAS, in 1984 the voters of Santa Clara County passed
Measure A on the ballot, authorizing a one-half of one percent
sales tax in the County for a period of ten years, to fund major
highway improvements on State Routes 85, 101, and 237; and
WHEREAS, the TRAFFIC AUTHORITY was created to administer the
program and see that specific identified improvements were
implemented; and
WHEREAS, through the development of Freeway Agreements, it
became evident that a separate Agreement was appropriate between
the CITY and the TRAFFIC AUTHORITY which would outline mitigation
standards, establish specific design guidelines, and specify CITY
participation in the design process; and
WHEREAS, the TRAFFIC AUTHORITY intends to provide equitable
application of policies and measures for all Corridor cities, in
the implementation of the Route 85 freeway project; and
WHEREAS, it is the mutual desire of the parties hereto, to
enter into this Performance Agreement in accordance with the
attached information;
NOW, THEREFORE, IT IS AGREED:
1. This Agreement is executed in conjunction with the
separate Freeway Agreement between the CITY and the CALIFORNIA
DEPARTMENT OF TRANSPORTATION (herein referred to as "CALTRANS") .
2 . This Agreement, by reference, incorporates the
following documentation: the TRAFFIC AUTHORITY'S Strategic Plan,
August 1988 ; the Route 85 Environmental Impact Statement, July
1987 ; the Mitigation Plan, December 1987; and the Route 85
Bicycle Corridor Plan, November 1988 . Commitments made by this
Agreement shall be an extension of these documents.
3 . The general alignment of Route 85, along with street
closures and interchange locations will be addressed in the
Freeway Agreement between the CITY and CALTRANS.
4 . Route 85 through the CITY will be a 6 through-lane
facility with a median width of 461 , except where auxiliary lanes
are required at the Route 85/280 interchange; and a vertical
profile as shown in Attachment "A" .
5. The CITY has participated in the development of
corridor visual design guidelines, through a committee composed
of representatives from Route 85 communities. From this effort,
a general design theme will be specified and design guidelines
prepared. These guidelines address prospective visual aesthetics
of design features such as retaining walls, sound walls, bridges,
pump stations, community walls, landscaping and related
amenities. The guidelines will be followed in the final design
of freeway facilities. Attachment "B" represents alternative
surface treatments to be selected by the CITY for use in final
design of the features listed herein.
6. Attachment "C" defines tentative locations and heights
for sound attenuation along the Route 85 corridor, as shown in
the Mitigation Plan. Sound walls will generally be designed and
constructed in accordance with Federal and State guidelines. The
CITY will have the opportunity to provide input during the design
process through community meetings and review of design
documents.
7 . The TRAFFIC AUTHORITY will provide levels of
landscaping over and above those required by Federal and State
standards. Specific types and locations will be determined in
the design process, with input from the Aesthetics Review
Committee and approval by the CITY. Landscaping design will seek
to maximize local aesthetics, and minimize long-term maintenance
costs, within the available budget.
The TRAFFIC AUTHORITY'S allowance for landscaping is
$ 25, 000 per landscaped acre, and community input will determine
the design emphasis. Attachment "D" provides graphic
representation of 5 major areas of typical freeway landscaping:
1. Depressed profile 2 . Elevated profile 3 . At-grade profile
4 . Local street interchange 5. Major freeway-to-freeway
interchange. These displays demonstrate typical densities and
general layouts of ground cover. The CITY will direct the
allocation of the landscaping allowance within their boundaries,
consistent with the Visual Design Guidelines.
8. CALTRANS has developed a visual theme for the Route 85
bridges, which utilizes a tapered, rounded box structure and
piers. The CITY may include aesthetic, non-structural changes
which may enhance a preferred local theme. Bridges will be
designed and constructed in a manner not to preclude future mass
transit development in the freeway median.
9 . Local historic, archaeological and cultural resources
impacted by the freeway project will be assessed and dealt with
in accordance with the Environmental Impact Statement and the
Mitigation Plan. A separate Bicycle Plan has been developed in
cooperation with CALTRANS and the CITY. Attachment "C" defines
potential pedestrian and bicycle facilities and impacted historic
sites in the Route 85 corridor through the CITY.
Overcrossing bridges will be designed to accommodate
bicycle facilities, in accordance with the Route 85 Bicycle Plan.
10. The TRAFFIC AUTHORITY is committed to promoting the
preservation of existing housing within the CITY. Should surplus
housing become available, the buildings will be offered to the
CITY, at fair market value, for disposal.
11. The CITY will participate in the final design process
through attendance at regularly scheduled meetings. These
meetings are held to coordinate the efforts of the design team;
to allow affected agencies to express their interests and
concerns; and to ensure consistency with current State and local
standards, and the Visual Design Guidelines.
12 . The TRAFFIC AUTHORITY agrees to phase construction of
the freeway in such a manner that minimum segments to be opened
to traffic are as follows:
a
o Route 280 to Route 17
o Route 17 to Route 87
o Route 87 to Monterey Highway
o Monterey Highway to Route 101
In the event that this schedule becomes unattainable,
if one or more corridor cities fail to execute a Freeway
Agreement in a timely manner, the TRAFFIC AUTHORITY agrees to
request an Amendment to this Agreement and to revise the schedule
in a manner acceptable to both parties.
13 . Wherever feasible, soundwalls will be designated as
early construction.
14. The TRAFFIC UTHORIT ag ees t continue studies and to
seek approval of a mutu lly accepta le alternative for
replacement of the existing access f m NB 280 to Stevens Creek
Boulevard, which is not c rently provided in the Caltrans'
proposed interchange modifi ations.
AUTHORITY agrees to provide funding not toexceed $3* 0 Million,
for related local street improvements to replace the loss of
access, in a mutually acceptable manner.
15. The TRAFFIC AUTHORITY agrees to funding of an
interchange at Saratoga-Sunnyvale Road, tint• tl -GZ-TY ap r-
the prop interchanae confiauration, The TRAFFIC AUTHORITY
also recognizes that the CITY currently supports a full-diamond
interchange at this location.
16. Construction noise control and working hours will be
consistent with or exceed the requirements of local regulations
and ordinances. Should a conflict arise, the TRAFFIC AUTHORITY
and CITY will evaluate the circumstances and propose conditions
that are acceptable to both parties.
17. The TRAFFIC AUTHORITY agrees to only provide funding
for the design and construction of Route 85 in accordance with
this Agreement. The TRAFFIC AUTHORITY will provide final plans
and specifications to the CITY for review.
On the CITY's acceptance that the documents are
consistent with this Agreement, the project will be advertised
for construction. If any concerns are raised during this review,
the TRAFFIC AUTHORITY agrees to withhold funding of the project
until these issues can be resolved.
18. The CITY will have the opportunity to enter into a
separate Cooperative Agreement, committing local funds to enhance
the design commitments made in this Agreement.
19. This Agreement may be modified at any time by the
mutual consent of the parties hereto, as may become necessary for
the best accomplishment, through TRAFFIC AUTHORITY and CITY
cooperation, of the whole freeway project for the benefit of the
people of Santa Clara County. If unforeseen cost increases, or
significant environmental impacts arise beyond those anticipated
by this Agreement, each party reserves the right to request an
Amendment to this Agreement.
20. TRAFFIC AUTHORITY agrees to defend, indemnify, and hold
CITY harmless against any and all claims, damages, losses,
demands, or causes of action arising out of any negligence or
intentional misconduct on the part of the TRAFFIC AUTHORITY, its
agents, employees, attorneys, assignees, or contractors in the
course of performing this Agreement. The indemnity provided by
this paragraph shall include reimbursement of all reasonably
incurred costs and attorney's fees.
21. CITY agrees to defend, indemnify, and hold the TRAFFIC
AUTHORITY harmless against any and all claims, damages, losses,
demands, or causes of action arising out of any negligence or
intentional misconduct on the part of CITY, its agents,
employees, attorneys, assignees, or contractors in the course of
performing this Agreement. The indemnity provided by this
paragraph shall include reimbursement of all reasonably incurred
costs and attorney's fees.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their respective duly authorized
officers.
SANTA CLARA COUNTY CITY OF CUPERTINO
TRAFFIC AUTHORITY By
By
APPROVED AS TO APPROVED AS TO
FORM AND LEGALITY: FORM AND LEGALITY:
Attorney (AUTHORITY) Attorney (CITY)