82-028 Cooperative Agreement with State Traffic Control System Modification De Anza Blvd and 280 off Ramps; Resolution No. 5954 04-SC1-280 9.3/9 .4
c - . 04332 - 397001
Dist. Agent: No. 4-0853-A
• •- Document No. SC1-43-4594
Amendment No. 1
FP
1 AMENDMENT TO AGREEMENT CD
P.
rr 2 THIS AMENDMENT TO AGREEMENT, ENTERED INTO ON JANUARY 6 , 1986,
' 0)
'1 3 is between the STATE OF CALIFORNIA, acting by and through its
4 Department of Transportation, referred to herein as STATE, and
5
CITY OF CUPERTINO,
6 a body politic and a municipal
. corporation .of the State of
7 California, referred to herein
as CITY.
8
9 RECITALS
10 (1 ) The parties hereto, on September 24, 1982, entered
11 into an agreement (Document No. SC1-43-4594) which provides for
12 modification of the traffic control signal systems, safety
13 lighting, ramp widening, possible city street widening and
14 channelization at the intersections of De Anza Boulevard with
15 State Highway Route 280 off-ramps, referred to herein as PROJECT. '
16 (2) The said prior agreement (Document No.
17 SC1-43-4594 ) also provides for a termination date of December 31,
• 18 1985. It is mutually agreed to extend the termination date to
19 December 31, 1986.
20 ( 3 ) The prior agreement also provides for STATE to
21 furnish and install,. by STATE' S forces and at STATE' s sole
22 expense, all traffic striping and pavement marking required for
23 PROJECT. Traffic striping and pavement marking are now to be
• 24 furnished by the contractor. .
. 25 * * * * * * * * * * * * * •
. ECM:bk : -1- : DUPLICATE ORIGINAL
Dist. Agmt. -No. 4-0853-A •
1 ( 4 ) This Amendment to Agreement sets forth the changes
2 to be made to the said prior agreement (Document No. SC1-43-4594)
3 in order to update the terms thereof.
4 IT IS MUTUALLY AGREED AS FOLLOWS:
5 (1) On page 2 of said prior agreement, delete Article
6 (4 ) of Section I (State Agrees ) .
7 (2) On page 5 of said prior agreement, Article (4 ) of
8 Section III (It is Mutually Agreed as Follows) is revised to
9 read:
10 " (4 ) Prior to STATE' s bid advertising date of the
11 construction contract for PROJECT, CITY shall, at
12 CITY's sole expense, acquire any additional right of
13 way which may be required for the CITY street widening
14 portion of PROJECT. "
15 (3 ) On page 5 of said prior agreement Articles ( 6 ) and
16 (7 ) of Section III ( It is Mutually Agreed as Follows ) are revised
17 to read:
• 18 ' " (6 ) After opening of bids for the PROJECT and if
19 bids indicate a cost overrun of no more than 20 percent
20 of the estimate will occur, STATE may award the
is
21 • contract.
22 " (7 ) If,, upon opening of bids, it is found that a
23 cost overrun exceeding 20 percent of the estimate will
24 occur, STATE and CITY shall endeavor to agree upon an
�5 alternative course of action. If, after 30 days, an
-2- -
4CD-802
Dist. Agmt. No. 4-0853-A
4
1 alternative course of action is not agreed upon, this
2 agreement shall be deemed to be terminated by mutual
3 consent pursuant to Article (9 ) of Section III. "
4
(4) On page 6 of said prior agreement, Article (10 ) of
5 Section III (It is Mutually Agreed as Follows ) , is revised to
6 read:
7 " (10 ) The terms of this agreement concerning the
8 construction of PROJECT shall terminate upon completion
9 and acceptance of PROJECT by STATE and upon final
10 accounting of costs or on December 31, 1986, if a
11 contract to construct PROJECT has not been awarded by
12 then. The terms of this agreement concerning ownership
13 and maintenance and any other terms not referable to
1$ the construction of PROJECT, shall remain in effect
i5 until terminated or revised in writing by mutual
16 consent if the PROJECT has been constructed. If CITY
17 deposits funds with STATE prior to said date of
18 December 31, 1986, but no contract is awarded prior to
19 said date, STATE shall promptly thereafter refund to
20 CITY all such deposited funds, less any PROJECT related
21 costs CITY is obligated to pay pursuant to this
22 agreement. "
23 (5 ) All other terms and conditions or said prior
24 agreement (Document No. SC1-43-4594 ) shall remain in full force
25 and effect.
-3-
4CD-802
•
• .. . ..
Dist. Agmt. No. 4-0853-A
1 ( 6 ) This Amendment to Agreement is hereby deemed to be
2 a part of said prior agreement (Document No. SC1-43-4594 ).
3
4 STATE OF CALIFORNIA CITY OF CUPERTINO
Department of Transportation
Transportation District 4 /�;
5 BURCH C. BACHTOLD q By p)a / /
District Director `/ ` _ Mayor •
6
7
BY /i.-- i, ��...at0- i Attest _
001:1
8 Depu District 'irector " d ty Clerk
9 APPROVED AS TO FORM APPROVED AS TO FORM:
10 AND, •'OCEDURE
11 k itmt
12 Attorney, Department f oCi y At orney
Transportation
13
14
•
15
16
17
18
19
20
;s
21
22
23
24
25 •
-4-
4CD-802
•
RESOLUTION NO. 6742
f
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AMENLMENT TO AGREEMENT WITH THE
STATE OF CALIFORNIA, FOR PROJECT AT DE ANZA BOULEVARD AND
ROUTE 280
WHEREAS, there has been presented to the City Council an Amendment to
Agreement to extend the termination date of that certain agreement entered
into by the State of California and the City of Cupertino, on September 24,
1982, providing for the modification of the traffic control signal system,
safety lighting, rangy widening, possible city street widening and
channelization at the intersections of De Anza Boulevard with State highway
Route 280 off-ramps; and for certain other changes as more specifically
outlined in the Amendment to Agreement; and;
•
WHEREAS, the parties hereto mutually agree to extend the termination
date from December 31, 1985 to December 31, 1986, and to those certain
other changes as outlined in the Amento nt to Agreement.
NOW, THEREFORE, BE IT RESOLVED that the Amendment to Agreement is
hereby approved, and the Mayor and the City Clerk are hereby authorized to
execute said agreement in behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 6th day of January , 1986 by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Sparks, Rogers
�{`F91S I'S TO CERTIFY T'' '`
NOES: None STRUMENTISAt U E CORRECT COPY
OF THE OR161 AL ON FILa ;N THIS.OFFIGE.
ABSENT: None
ATTEST - l S�
ABSTAIN: None CfTY 0„:" THE CITY ■r :LIPERTINO
5Y
Cf 7CLERK
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ Barbara A. Rogers
City Clerk Mayor, City of Cupertino
04-SC1-280 9 .3/9. 4 •
04217-397001
Dist. Agmt. No. 4-0853-C
Document No. SC1-43-4594
AGREEMENT
• 1 THIS AGREEMENT, ENTERED INTO ON SEPTEMBER 24 , 1982, is
2 between the STATE OF CALIFORNIA, acting by and through its
3 Department of Transportation, referred to herein as STATE, and
!} CITY OF CUPERTINO
a body politic and a municipal
5 corporation of the State of
California, referred to herein
6 as CITY.
7 RECITALS
8 (1) STATE and CITY contemplate modification of the
9 traffic control signal systems , safety lighting , ramp widening,
10 city street widening and channelization at the intersections of
11 De Anza Boulevard with State Highway Route 280 off ramps, referred
12 to herein as PROJECT, and desire to specify the terms and
13 conditions under which such systems are to be installed, financed
14 and maintained.
15 ( 2) This agreement replaces that certain agreement
16 ( Document No. 43-3613 ) entered into on June 4 , 1979 , by and
17 between the County of Santa Clara, CITY and STATE, which was
18 terminated by CITY on March 9 , 1982, by City Council Resolution
19 No. 5826.
20 SECTION I
21 STATE AGREES :
22 ( 1) To provide plans and specifications and all
23 necessary construction engineering services for the PROJECT and to
24 bear STATE ' s share of the expense thereof , as shown on Exhibit A,
25 attached hereto and made a part of this agreement.
-1-
4cD8D2 DUPLICATE ORIGINAL
1 ( 2) Prior to advertising for bids for the construction
2 .f PROJECT, to submit said plans and specifications to CITY for
3 ITY's review and concurrence as to conformity to CITY' s standards
4 and/or existing facilities.
5 (3) To construct the PROJECT by contract in accordance
6 ith plans and specifications of STATE.
7 (4) To furnish and install, by STATE' s forces and at
8 STATE' s sole expense, all traffic striping and pavement marking
9 required for PROJECT.
10 ( 5) To pay an amount equal to 75 percent of the
11 electrical construction costs, 100 percent of the roadwork
12 construction costs within STATE' s right of way and 100 percent of
13 the costs of striping and pavement marking; but in no event shall
14 STATE' s total obligation for construction costs ( including
15 striping and pavement marking costs) under this agreement exceed
16 the amount of $407,000; provided that STATE may, at its sole
17 discretion, in writing, authorize a greater amount.
18 (6) To maintain and operate the entire traffic control
19 signal systems and safety lighting as installed and pay an amount
20 equal to 100 percent of the total maintenance and operation costs
21 at the southerly intersection; and pay an amount equal to 50
22 percent of the maintenance and operation costs at the northerly
23 intersection as shown on Exhibit B, attached hereto and made a
24 part of - this agreement; and to maintain all other portions of
25 PROJECT within STATE' s right of way at STATE' s sole expense.
-2-
4CE8C2
1 SECTION II
• 2 CITY AGREES:
3 (1) To deposit with STATE within 25 days of receipt of
4 billing therefor (which billing will be forwarded immediately
5 following STATE' S bid advertising date of a construction contract
6 for PROJECT) , the amount of $85,400, which figure represents
7 CITY' s estimated share of the expense of preparation of plans and
8 specifications, construction engineering and construction costs
9 required to complete the PROJECT, as shown on Exhibit A. In no
10 event shall CITY' S total obligation for said costs, excluding
11 costs referred to in Section III, Article (11) , under this
12 agreement exceed the amount of $94,000; provided that CITY may,
13 at is sole discretion, in writing, authorize a greater amount.
14 ( 2) CITY' s share of the construction costs (estimated
�5 to be $70 ,000) , shall be an amount equal to 25 percent of the
16 actual electrical construction cost including STATE-furnished
17 electrical materials , if any, and 100 percent of all roadwork cost
18 outside STATE' s right of way as determined after completion of
�9 work and upon final accounting of costs.
20 ( 3) CITY' s share of the expense of preparing plans and
21 specifications ( estimated to be $5,600) , shall be an amount equal
22. to 8 percent of CITY' s share of the actual final construction cost.
�3 Said 8 percent includes payment for all applicable overhead
24 charges.
�5 * * . *
-3-
4C38O2
1 (4) CITY' s share of the expense of construction
2 -ngineering (estimated to be $9 ,800) , shall be an amount equal to
3 4 percent of CITY' s share of the actual final construction cost.
4 Said 14 percent includes payment for all applicable overhead
5 harges. •
6 ( 5) To reimburse STATE for CITY' s proportionate share
7 of the cost of maintenance and operation of the traffic control
8 signal system and safety lighting at the northerly intersection,
9 such share to be an amount equal to 50 percent of the total cost
10 thereof; and to maintain all other portions of PROJECT outside
11 STATE' s right of way at CITY' s sole expense.
12
13 SECTION III
14 IT IS MUTUALLY AGREED AS FOLLOWS:
15 (1) All obligations of STATE under the terms of this
16 agreement are subject to the appropriation of resources by the
17 Legislature and the allocation of resources by the California
18 Transportation Commission.
19 ( 2) STATE shall not award a contract for the work until
20 after receipt of CITY' s deposit required in Section II,
21 Article (1) .
22 ( 3 ) Should any portion of the PROJECT be financed with
23 Federal funds or State gas tax funds all applicable procedures
24 and policies relating to the use of• such funds shall apply
25 notwithstanding other provisions of this agreement.
-4-
4C 802
1 (4) Prior to STATE' S bid advertising date of the
2 construction contract for PROJECT, CITY shall, at CITY' S sole
3 expense, acquire the additional right of way required for the city
4 street widening portion of PROJECT.
5 ( 5) After- opening of bids, CITY' s estimate of cost will
6 be revised based on actual bid prices. City' s required deposit
7 under Section II , Article (1) will be increased or decreased to
8 match said revised estimate. If deposit increase or decrease is
9 less than $1 ,000 , no refund or demand for additional deposit will
10 be made until final accounting.
11 ( 6) After opening bids for the PROJECT and if bids
12 indicate a cost overrun of no more than 10 percent of the original
13 estimate will occur, STATE may award the contract.
14 (7) If, upon opening of bids , it is found that a cost
15 overrun exceeding 10 percent of the original estimate will occur,
16 STATE and CITY shall endeavor to agree upon an alternative course
�7 of action.
18 ( 8) Prior to award of the construction contract for the
�9 PROJECT, CITY may terminate this agreement in writing, provided
20 that CITY pays STATE for all costs incurred by STATE.
21 (9) If termination of this agreement is by mutual
P2 consent, STATE will bear 75 percent and CITY will bear 25 percent
�3 of all costs incurred by STATE.
24 *
25 * * * * * * * * * * * * * . *
-5-
4cD8o2
1 (10) The terms of this agreement concerning the
2 construction of PROJECT shall terminate upon completion and
3 acceptance of PROJECT by STATE or on December 31, 1985, whichever
4 is earlier in time; however, the terms of this agreement
5 concerning ownership and maintenance and any other terms not
6 referable to the construction of PROJECT, shall remain in effect
7 until terminated or revised in writing by mutual agreement.
8 (11) If existing public and private utilities conflict
9 with the construction of the PROJECT, STATE will make all
10 necessary arrangements with the owners of such utilities for their
11 protection, relocation or removal. STATE will inspect the
12 protection, relocation or removal of such utilities. If there are
13 costs of such protection, relocation or removal which STATE and/or
14 CITY must legally pay, STATE and CITY will share in the cost of
15 said protection, relocation or removal in the amounts of 75
16 percent STATE and 25 percent CITY.
17 (12) In the construction of said work, STATE will
18 furnish a representative to perform the usual functions of a
19 Resident Engineer, and CITY may, at no cost to STATE, furnish a
20 representative, if it so desires; said representative and Resident
21 Engineer will cooperate and consult with each other, but the
22 decisions of STATE' s engineer shall prevail.
23
24 * *
25 * * * * * * * * * * * * * *
-6-
4CD802
1 ( 13 ) Upon completion of all work under this agreement,
2 ownership and title to all electrical materials, equipment and
3 appurtenances installed will be vested in `the STATE and no further
4 agreement will be necessary to transfer ownership to the STATE.
5 (14) The cost of any engineering or maintenance referred
6 to herein shall include all direct and indirect costs ( functional
7 and administrative overhead assessment) attributable to such work,
8 applied in accordance with STATE' s standard accounting procedures.
9 However, STATE' s share is accounted for in a statewide account and
10 is not shown separately on each project' s cost breakdown.
11 (15 ) Neither STATE nor any officer or employee thereof
12 shall be responsible for any damage or liability occurring by
13 reason of anything done or omitted to be done by CITY under or in
14 connection with any work, authority or jurisdiction delegated to
15 CITY under this agreement. It is also agreed that, pursuant to
16 Government Code Section 895. 4 , CITY shall fully indemnify and hold
17 STATE harmless from any liability imposed for injury (as defined
18 by Government Code Section 810. 8) occurring by reason of anything
19 done or omitted to be done by CITY under or in connection with any
20 work, authority or jurisdiction delegated to CITY under this
21 agreement.
22 ( 16) Neither CITY nor any officer or employee thereof,
23 is responsible for any damage or liability occurring by reason of
24 anything done or omitted to be doneiby STATE under or in
25 connection with any work, authority of jurisdiction not delegated
-7-
4Cn302
1 to CITY under this agreement. It is also agreed that, pursuant to
2 Government Code Section 895. 4 , STATE shall fully indemnify and
3 hold CITY harmless from any liability imposed for injury (as
$ defined by Government Code Section 810. 8) occurring by reason of
5 anything done or omitted to be done by STATE under or in
6 connection with work., authority or jurisdiction not delegated to
7 CITY under this agreement.
8 (17) The execution of this agreement by CITY grants to
9 STATE the right to enter upon CITY-owned lands to construct the
10 PROJECT referred to herein.
11
12 STATE OF CALIFORNIA CITY OF CUPERTINO
Department of Transportation
13 ADRIANA GIANTURCO
14 Director of Transportation By arliti
•
pgay r 9�yy/i
15 Transportation District 4
NORMAN KELLEY
16 District Director Attest:
Cit C erk
17
18 By �
1 Deputy District Director Approved a/' o form: L
9
20 n
Cit ' ttorney
21
22
• 23
24
•
25
-8-
4CD802
•
. 04-SC1-280 9 .3/9. 4
04217-397001
Dist. Agmt. No. 4-0853-C EXHIBIT A
ESTIMATES OF COST BREAKDOWN
Total STATE' S CITY' s
Description Cost Share Share
Construction Cost:
Electrical Work $240 ,000 $180 ,000 $60 ,000
*Roadwork within STATE' S R/W 190 ,000 190 ,000 --0---
Roadwork outside STATE' s R/W 10,000 ---0--- 10 ,000
Construction Cost Totals $440 ,000 $370 ,000 $70 ,000
Preliminary Engineering Cost (8%) ** 5,600
Construction Engineering Cost (14% ) ** 9,800
TOTAL CITY' s Share $85 ,400
*Includes cost of striping and pavement marking.
**STATE' s share is accounted for in a statewide account and is not
shown separately on each project' s cost breakdown.
. o I . .
CO
l
Homestead Rd.
CUPFTTINO
g
.
TO Sad )L,
Francisco 280 85 280
aroma as a 1l1Rfr/rar it An AAAAAAi rlrri/flfl n wern [ riftlentiltif afr!f/rrrrr` On
f. u, RI•'M1 %fa'.,a R.RAIR1►.f' .. MAIrOWAre ,l.Iii.(r4C ACR.(e ye ea MOW as 4.4r4 -
ValleI I ey t 1 !___-
LGreen
re"i 6Q1)
�% "0 \
LbSe
c Dr , `�
71L
J
Mariani ? Ave.
FDI
N N
0 0
N
c
LEGENDQNto
/11,/ Highway N �p
Local sfreets x / ' SCL 280 PM 9.3/9.5
V N Traffic signal systems "' 04215 397001
to be modified LOCATION: MAP DEANZA BLVD. I / C
EXHIBIT B SCALE : 1"= 500'
,. 4,4
RESOLUTION NO. 5954
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY AND
THE STATE OF CALIFORNIA, DEPARTMENT ' OF 'TRANSPORTATION,
PROVIDING FOR THE MODIFICATION OF THE TRAFFIC CONTROL
SYSTEMS, SAFETY LIGHTING, RAMP WIDENING, STREET WIDENING
AND CHANNELIZATION AT THE INTERSECTIONS OF DE ANZA BOULE-
VARD AND STATE HIGHWAY'ROUTE 280 .OFF"RAMPS
WHEREAS, there has been presented to the City Council a cooperative
agreement between the State of California, Department of Transportation,
and the City of Cupertino to provide for the modification of the traffic control
signal systems, safety lighting, ramp widening, street widening and channeli-
zation at the intersections of De Anza Boulevard and State Highway Route 280
off ramps; and said agreement having been approved by the Director of Public
Works and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are
hereby authorized to execute the agreement herein referred to in behalf of the
City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20th day of September , 1982 by the following vote:
Vote Members of the City Council
AYES: Johnson, Plungy, Rogers, Sparks, Gatto
NOES: None
THIS IS TO CERTIFY THAT THE WIT
ABSENT: None
INSTRUMENT IS ATRUE AND CDRRECTHIN
COPV
DF THE ORIGINAL ON FILE IN THIS OFFICE.
ABSTAIN: None ATTEST _ 19.0�C�
;CITY CLER •THE CITY OF _-ERTIND
9Y AA__Zr. < �
0.
CII. C ERK
ATTEST: APPROVED: .
/s/ Dorothy Cornelius /s/ John Gatto
City Clerk Mayor, City of Cupertino