94-006 Cooperative Agreement No. 6-CUP Route 85 Signal and Intersection Modifications at Stevens Creek and De Anza\
LOOPERATIVE AGREEMENT NO. 6-CUP
ROUT< 85
SIGNAL AND INTERS~CTION M0Dlf1CATl0NS
AT STEVENS CREEK 'JLVD. AND DE ANZA COlLEGE
This AGREEMENT is entered into on tl·.e --'1-'8'-'t~h'-_ day of .January., 1994, by and botwoon
the SANTA CLARA COUNTY TRAFF',C AUTHORITY. a public entity of the State of California
~ ' ' .
lreforrod to hereinafter as "AUTHORITY") and the CITY OF CUPERTINO, a municipal corporation of
the State of California lroforrod to hereinafter as "CITY").
RECITALS
1. AUTHORITY and CITY contemplate constructing improvements consisting of modifications
to a signal light and intersection at Stevens Creek Blvd. and Do Anz.i College, herein
referred to as "PROJECT." AUTHORITY contemplates including PROJECT into an on-going
AUTHORITY and STATE OF CALIFORNIA, acting by and through its Dopartmont of
Transportation (referred to hereinafter as "STATE"), Highway Projoct EA#437764, pursuant
to Contract Chango Order. A diagram identifying tho location of the PROJECT is attached
as EXHIBIT A and is hereby incorporated by this reference.
2. Construction of PROJECT is necessary to accommodate intersection modifications
requested by the CITY.
3. CITY will fund the costs of design, construction am.J construction administration of
PROJECT, by crediting such cost against AUTHORITY's balance duo under Cooperative
Agreement No. 3-CUP iMSA 109-11 I.
4. AUTHORITY is willing to provide construction administration of PROJECT and construct
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PROJECT through tho issuanco of a Contract Chango Ordor to STATE Highway Project EA
11437764. Construction administration shall incllJdo pro-contract administration,
constructio.1 contract change order administration, Construction enainoerlng, inspection,
materials testing, claims procossino nnd closoout.
5. AUTHORITY is willinc to provide change ardor plans for PROJECT.
6. Maintenance, ownership, and title to all matorials, equipment, and appurtenancos installed
under this PROJECT shall bo tho subject of a soparato agreomont entered into botween
CITY and STA Te. CITY shall mako no claim against AUTHORITY for any portion of any
related expense thereof.
7. AUTliORITY and CITY do mutually desire to cooperate in the design, construction, and
construction administration of the PROJECT and to set forth herein the terms and
conditions under which thP PROJECT is to be designed, administered, constructod, and
maintained.
Now, therefore, in consideration of the mutual covenants contained herein, the parties hereto agree
as follows:
SeCTION I
AUTHORITY ,<\GREES:
1. To proceed with PROJECT-following execution of this cooperative agreement between CITY
and AUTHORITY; or, .in the event the PROJECT does not proceed for any reason, to so
notify CITY.
:2. To provide contract change order plans for PROJECT approved by CITY & STATE.
COOPmsa 102-10
January 11, 1 994
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Agreement No. 6-CUP
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3, To construct PROJECT by contract chango ordor in accordance with change mdor plans ..
provided by AUTHORITY and approved by CITY & STA TL
. '
4. To providu, or arrange to havo providod, con~truction adri1inistration for PROJECT as:.
dofinod in RECITALS, Aniclo 5 abovo,
.. 5. To submit to CITY each month a construction progress report which .do,scribes the work
porformod and completed d,,ring tho reporting period, statos the cumulutivo percentage
cOmplete to date,· and i-epcfrts on change orders issued (curr8nt and ~umulative)1 -progress
payments made (cl.Jrren( and cumulative), and significan.t events affecting progress of the
work, such as bad weather, work stoppages,
6, Upon completic,1 of PROJECT and all work incidental thereto and resolution of all ~lairns
.-" .
fried by the construction. contractor, to provide to CITY an invoice and a _de.tailed stat8ment ·
of the total actual cost~ .of .des ion, construction and constru.:.tion administration of·
PROJECT.
CITY AGREES:
1. To provide all permits and clearances required for PROJECT,
2. To bear one hundred ·percent 1100%1, estimated to be $25,000, of total actual cost of
design of PROJECT.
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3. To boar one hundred porcont 1100%1. estimated to bo 092,000, of tho total actual coot of
construction of PROJECT including all materials, supplemental work, changes and claims
associated with construction of PROJECT.
4. To boar one hundred percent 1100 %), estimated to bo $8,000, of the total cost of
construction administration as defined in RECITALS, Article 5 above, which is estimated to
be 10% of tho total cost of construction of PROJECT.
5. That CITY's obligation for tho total actual cost of design, construction and construction
administration required for PROJECT under this Agreement is estimated tc be $125,000.
This Total obligation shall be increased to cover costs in excess of the initial estimated total
costs of design, construction and sorvicos if actual costs exceed estimate without the
necessity of a written amendment to this Agreement.
6. To submit to AUTHORITY a credit memo to Cooperative Agreement 3-CUP, within thirty
days after receipt of invoice from AUTHORITY, as described in RECITALS, Article 3 and
Section \, Article 6 above.
7. To provide tor maintenance of all facilities as constructed under this PROJECT in
accordance with RECITALS, Article 6 above, and make no claim ayainst AUTHORITY for
any portion of Sl:ch maintenance expense.
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January 11, 1994
Agreement No. 6-CUP
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SJJ;..11QJ:LW
!L.!S MUTUALLY AGHEED:
1. Prior to award of tho construction contract cl1ango ardor for PHOJECT thic Aoreemont may
be terminated by oithor
0
AUTHORITY or CIT'v or by mutual consent. In tho event of such
termination, CITY shall bear total actual costs expended for PROJECT to date of
termination.
2. That neither AUTHOHITY, nor any officer or employee thereof, shall bo responsible for any
damage or liability occurring by reason of anything dono or omitted by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under tt1is Agreement.
It is also understood and a;ireed that, purnuant to Government Code Section 895.4, CITY
shall fully indemnify and hold AUTHOHITY 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.
3. That neither CITY, nor any offiC'~r or employee thereof, shall bo responsible for any damage
or liability occurring by reason of anything done or omitted by AUTHORITY or any
contractor hired by AUTHORITY, under or in connection with any work, authority or
jurisdiction dolegated to AUTHORITY under this Agreement. It is also undorstood and
agreed that, pursuant to Government Code Section 895.4, AUTHOHITY 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 c~nnec Lion with any work, authority or jurisdiction
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Agreement No. 6-CUP
Pago 5 of 6
dologntod to AUTHORITY under this Aoroomont.
4. Except as otherwise provided in Article 1 of this Soction Ill, tho portions of this Agrooment
pertaining to tho construction of PROJECT ... hall torminoto upon complotlon and acl.!cotanco
of the PROJECT by CITY and up~~ fulfillment by AUTHOHITY and CITY of their rospoctivo
financial obligations under this Agreement.
SANTA CLARA COUNTY TRAFFIC
AUTHORITY
By 1/,._,.,A 1 P~1t1( i
J~ALL,JR. /
Ch!'rperson
KE IND. ALLMAND
Deputy County Counsel
Attest:
A.PE~EZV.~
Cler f tho Board of Supervisors and
Secretary, to the Traffic Authority
COOPmsa 102-10
January 11, 1 !194
,.k~~ BARBARA KOPPEL
Mayor
/
APPR~V:~/AS TO ;/~~:~JtrALITY:
L ~('..U,1 ~1,,, ::Z(z:::,-7
CHARLES T. KILIAN
City Attorney
Attest:
l(IM SMITH
City Clerk
Agreement No. 6-CUP
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