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CC Resolution No. 9018e RESOLUTION NO. 9018 A RESOLUTION OF mE CITY COUNCIL OF TIIF CITY OF CUPERTINO AUTIIORIZING EXECUTION OF COOPERATIVE AGREEMENT NO. 6-CUP BETWEEN TIlE CITY OF CUPERTINO AND TIlE SANTA CLARA COUNTY TRAFFIC AUTIlORITY FOR ROUTE 8S SIGNAL AND INTERSECTION MODIFICATIONS AT STEVENS CREEK BOULEY ARD AND DEANZA COLLEGE WHEREAS, there has been presented to the C!ty Council an agreement between the Santa Clara County Traffic Authority and the City of Cupertino providing for Route 85 signal and intersection modifications a~ Stevens Creek Boulevard and DeAnza College; hereinafter referred to as "project"; and WHEREAS, said project will be accomplished as a joint effort by the Traffic Authority, I)P,Anza College, and the City of Cupertino; and WHEREAS, the provisions of said 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 aforementioned agreement and authorizes the Mayor and the City Clerk to execute said agreement on behalf of the t::ity of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this -1...l!!h..- day of January , 1994, by the following vote: A YES: NOES: ABSENT: ABSTAIN: Members of the City Council Bautista, Burnett, Dean. Sorensen. Koppel None me None o~ ayor, City of Cupe ATTEST: M~-rl. City Clerk \ 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 COOPmsa 102· 10 Jaiouary 11, 1994 Agreement No. Ei-CUP Page 1 of 6 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 .. '•'' ,• ,, :; ' "-~ ,,,,'-~·. ,' ,~,' ·, 'j; •. -i ',t'•,1' , 1! •, ' -• •1 " \ .,_ " ~, J •' r' ~' · .. ,···:_···\ l ·. ·1::.~ :·-·•'('./'.· .. ,:.:,· .. ,::\ii/>\-'.'.'·, • ' -• '; :: j \' ' : •. -~ , .. ;' ',1, ,t '' _: _·:~ ' < .: .'· ' · ' , r • ·t •, , r ..-; • • I '' ,, ' • . • Agreement No. 6-CUP Page 2 of 6 I "' I '_'; ' ' ..: ' : • . \: ' ' If' ' 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. COOPmsa 102-10 January 1.1, 1994 . Agreement No. 6-CUP Pago 3 of 6 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. COOPmsa 102-10 January 11, 1994 Agreement No. 6-CUP Page 4 of b 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 COOPmsa 102-10 January 11, 1994 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 Page 6 of 6