CC Resolution No. 6742 ~ ~
FtFS0LLI~ICQ~1 N0. 6742
A I2FSOIITPICFI OF TF~ QPY ~JNQI, OF R~ CI'!'Y OF WPF~'IIZO
AVL4i0atiZING F~[lI'ICYJ OF At~TJII~gNr RU AGFi~dP WPIfi 2f~
STATE OF C~LIFL~IIA, FCIIi PF~.17F)CT AT DE ANZ}1 BOUI£~/ARD AND `
RxXTPE 280
~.AS, thera has been presented to the City dour~cil an Ame~nent to
Agre~nent to extend the terminatio~ date of that oertain ag~nt entered
into bY the State oP California a~l the City of GUpertino, on Sept~nbe.r 24,
1982, providi~ for the andificatio~ of tha traffic oontrol signal, systezn,
safaty lic~tin4, ~ Possible city street widenirg anci
chan.~elizatio~ at th~a int.erseckio~s of Da Anza BoulevaYSl with State hic~nr~Y
Route 280 ofE-raitQ~es azd for certain other c2~arr~es as more specifically
artlined in the l~ne~ent to Agreemerit; artd;
WF~tFAS, the parties he~~eto ~ally agree to exterid the tesmi~tion
ddte fztian Decat~bet~ 31, 1985 to Deoanber 31, 1986, arxi to those cextain
other c2~anqes as aztlined in the Amerx~?eat to Agreement.
NC1F1~ 'II~, ~ TT RFSOL~IED that the Ame~ner?t to Agrceme.nt is
here-bY aPProved, ar~d the Mayor arri the City Clerk are hereby authorized to
execute said agre~sient in behalf of the City of Gvpertino.
PASSID AND ADOPTID at a rec~ular meeting of the City Ccxuicil of the City
oP Cupertino this 6th ~Y pp January , 1986 by the followit~g vote:
Vate Membe~rs of the Citv Cauicil
AYFS: Gatto, Johnson, Plungy, Sparks, Rogers
NOF$; None
ASSf2fr; None
AHS"I'AII~I; None
ATI~ST: , ~ APPF~7VID:
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Ci Clerk r, City oP 0.~ ~
. • Dis~gmt. No. 4-0853-A I
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1 (4) This Amendment to Aqreement sets forth the changes
y
2 to be made to the said prior agreement (Document No. SC1-43-4594)
3 in order to update the terms thereof.
~ IT IS MUTUALLY AGREED AS FOLLOWS:
5 (1) On page 2 of s~id prior aqreement, delete Article
6 (4) of Section I(State Agzees).
7 (2) On page 5 of said prior aqreement, Article (4) of
8 Section III (It is Mutually Aqreed as Follows) is revised to
9 read:
10 ^(4) Prior to STATE's bid advertisinq date of the
11 construction ~ontract for PROJECT, CITY shall, at
12 CITY's sole expense, acquire any additional riqht of
13 way which may be required for the CZTY street widening
14 portion of PROJECT." •
15 (3) On page 5 of said prior agreement Articles (6> and ~
16 af Section III (It is Mutually Aqreed as Follows) are revised ~
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17 to read:
18 "(6) After openinq of bids for the PROJECT and if
19 bids indicate a cost overrun of no more than 20 percent
2~ of the estimate will occur, STATE may award the
21 contract.
22 "(7) If, upon openinq of bids, it is found that a
23 cost overrun exceedinq 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
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Dist. Agmt. No. 4-0853-A
Document No. SC1-43-4594
Amendment No. 1
~ `
i 1 AMENDMENT TO AGREEMENT
i 2 THIS AMENDMENT TO AGREEMENT, ENTERED INTO ON , 1985,
3 is between the STATE OF CALIFORNIA, actinq by and through its
( 4 Department of Transportation, referred to herein as STATE, and
5 -
~ 6 ~ CITY OF CUPERTINO,
a body politic and a municipal
~ corporation of the State of
7 California, referred to herein
8 as CITY.
9 RECITALS
10 (1) The parties hereto, on Septe.~ber 24, 1982, entered
~ 11 into an aqreement (Document No. SC1-43-4594) which provides for
i
~ 12 modification of the traffic control siqnal systems, safety
I 13 liqhting, ramp widening, possible city street wideninq and
1~ 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 aqreement (Document No. I
17 SC1-43-4594) also provides for a termination date of December 31,
16 1985. It is mutually agreed to extend the termination date to
19 December 31, 1986.
20 (3) The prior aqreement also provides for STATE to
21 furnish and install, by STATE's forces and at STATE's sole
22 exFrense, all traffic striping and pavement markinq required for
23 PROJECT. Traffic stripinq and pavement marking are now to be
21} furnished by the contractor.
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. • Dis~gmt. No. 4-0653-A ~
1 (4) This Amendment to Aqreement sets forth the changes
,
2 to be made to the said prior aqreement (Document No. SC1-43-4594)
3 in order to update the terms thereof.
~ ZT IS MUTUALLY AGREED AS FOLLOWS:
5 (1) On paqe 2 of s~id 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, acquize any additional riqht of
13 way which may be required for the CITY street widening
14 portion of PROJECT." •
15 (3) On paqe 5 of said prior agreement Articles (6> and ~
16 ~7~ of Section III tIt is Mutually Agreed as Follows) are revised ~
~
1? 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 awazd the
21 contract.
22 "(7) If, upon openinq of bids, it is found that a
23 coat overrun exceeding 20 percent of the estimate will
24 occur, STATE and CITY shall endeavor to agree upon an
~5 alternative course of action. Zf, after 30 days, an
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~ • D~t. Agmt. No. 4-0853-A
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
,f 6 read:
I 7 "(10) The terms of this aqreement concerning the
~ 8 construction of PROJECT shall terminate upon completion
9 and acceptance of PROJECT by STATE and upon final
' 10 accountinq 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
i3 and maintenance and any other terms not referable to
14 the construction of PROJECT, shall remain in effect
15 until terminated or revised in writinq 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
i9 said date, STATE shall promptly thereafter refund to
20 CITY all such depoai;Zed funds, lesa any PROJECT related
21 costs CITY is obli ated to
q pay pursuant to this
22 agreement."
~3 (5) All other terms and conditions or said prior
24 agreement (Document No. SC1-43-4594) shall remain in full force
~5 and effect.
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I ~ • Dis+ Agmt. No, 4-0853-A
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1 (6) This Amendment to Agreement is hereby deemed to be
,
2 a part of said prior aqreement (Document No. SC1-43-4594).
3
4 STATE OF CALIFORNIA CITY OF CUPERTINO
Department of Transportation
Transportation District 4
5 BURCH C. BACHTOLD ~ By
6 Diatrict Director Mayor
7
8 By Attest:
Deputy District Director City Clerk
9 APPFiOVID AS TO FQBM APPAOUID AS TO FOAM:
10 ~D PFiOCIDUAE:
11
12 Attorney, Department of City Attorney
Transportation
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