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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 * Quit ra rr 4nf 1 ft--.,, STATE OF CALIFORNIA a. l sa as DEPARTMENT OF TRANSPORTATION Rt7T�41� 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 SIC 8 401 49 4 � [ar tet••• CUPERTINO 4•*` t� '' 'A �+ 3) SVD WORK AND CONSTRUCT L--14.A AVF °ataL _city Mars STA A. 45Z�-22 P!A R18.? sASJ fyA AVP S ,,�•�. SINN YVA L_ IYPrRIAL AV( �.0 Cti AI �a0�t..0; OOT- J8+-eJ,SS iCC�• acurc as Pyr .vias. �QU 20.1% :10 Ad .0..t -114 . tttynr CAE CrStftuCT.t0i1� EY OSNEAS) � . �! 1 8eain Wcrk Route 280) • l sty CUPERTINO ' a 510+25 ANrON vrAy SOUNDWALL • W r- — ST[LLWG 20A0 r-..�..�rte. •"�... SGLIE IN rt[I• '111111 T--A-- b- 0 0 �aq IOaq 1 c - f7l.Itr�le.M'T U.JV ft 231 .e •r vY.G Tone ' �t nM1[T• .r tf f I i 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 cdc A h,, X754 Technology Drive,Suite 224,San Jose,California 95110 (408)453-3777 Printed on recycled paper