HomeMy WebLinkAboutDivision of Highways_Traffic Control Systems - State of California - 1971 City - Division of H.icjhways Traffic Omtrol System
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• 04_SChaP% 8.37
o423dW 4265r1
Interstate Rte.?!V0 Northbomd &
Sout.bbotwd Off-reams to Wolfe Fc .
' Dist.Agmt.&-02404 f
HQ Doc.File 3- v 3779 9 1
l 1-280-1(59)6
2 AGREEN112ft
3 THIS AGREEMM., MADE AND MVTMM ice TSIS 19th DAY OF
4 July 1971, BY AND BETWEEN �
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8 CIVI OF CUP NO,, a body politic and
6 a municipal e,)rporation of the State j
7 of California, hereinafter refer::o.cd to
8 as
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9 !� AM i
10 STATE OF CAI.IFi)RYIA, acting by and
11 through its Business and Transportation
12 Agency, Department of Public Works,
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13 � ::�.vi sion o.: _�ig.,vays, hereinafter
14 re fe.r-ed to as TA'I'IJ"
WI T.N.-ES: TH:
16 i WHERFA", the- and cuff-r-e.mpe from Interstate Route
17 280 to Wolfe Road in C,,_T.ert1,ro are not at present signalized, both off-ramps
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have a „fz'pe I'. :yi: -t'..:_r:?" 1,-_21e s'3'(iu7 the left-turn lane by an island
19 at Wolfe Road zrd said left-turn mfs e.ri�ez, are controlled by stop signs; and
20 II VYC.:? kk_ , the inters,-, -ige : ;- lc ,,, in the midst of a 350 acre land
21 !� development pro.,ect (V3.11,%) ar'r-,} for : ndustri.al, cor.^.r:,ercial and office use;
22 �+ and
23 f WHEIT: AS in v1e.+ of the su+uetantdai increase in traffic which will be
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24 generated by such development, it is anticipated that the traffic at the
25 III! aforesaid ramps gill be increased; and
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26 ' WHEREAS, -it is STATE's policy to provide at STATE expense signals,
27 1! lighting, channelization or roadway Widening as necessary to facilitate the
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flow of traffic through the interchange when traffic congestion occurs within
2 t 5 years after the date of completion of a freeway, to the extent that signal
3 warrants; are met; and
4 WHEREAS, traffic signal warrants for both intersections are now
5 I� satisfied; and
6 WHEREJ,.S, CITY, in order to =expedite this project, has agreed to contri-
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7 '1 b-ite one-half (2j of the construction costs of the traffic control signal
8 i) systems and safety lighting hereinbefore mentioned, including costs for
9 j furnishing the controller and controller cabinets., not to exceed $30,000; and
10 'rlff'F.EAS, S24TE and CITY do mutually desire to cooperate and jointly
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11 participate i_ construction of the aforesaid i-5provements and desire to
12 specify herein the terms and conditions under wh-'ch said improveme nts are to
13 !! be designed, constructed, financed and maintained.
14 i! PLO: ThErl-E—FO E., in concideration the covenants and conditions herein
15 contained, the partics hereto agree as
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17 STATE Au
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l. ; To cal.s=, to be constractei, p,:;_^s7x,_lt to laws governing _;lATE in the
19 ;i performance of such work, the channeLi: Dn and in-tailation of traff` c
20 'i control signal s-Jstemns aria 1' . :2entioneei, tnro;.gh
21 I contract 'kith construction contract;-- _-cc-_sed bv the .state of California,
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22 said work to be completed in confor vi th glans and specifications of
23 STAT:L, and to the satisfaction o and s.fv ect t) --he approval of CITY.
24 ! 2. bear the entire expense olf design engineering costs for the
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25 aforementioned improvements, and to bear the entire expense of construction
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26 and construction engineering costs .:r said i,-.T rove men-s, except for costs
27 to be borne by CITY as set forth he-e.iraft.,er 'in :ect .on 1'I, Article (1.j .
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Upon completion and acceptance by STATE of STATE's construction
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contract for the improvements referred to hereinbefore, to furnish CITY
3 with a detailed statement of the construction costs f,sr the installation of
4 I' said traffic control signal systems and safety lighting to be borne by CITY
5 and to refund to CITY any amount of CITY's advance deposit, as provided for
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hereinafter in Section II, Article (l) , remaining offer actual casts to be
7 ( borne by CITY have been deducted.
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k.) Upon completion and acceptance of =ATIE's contract, to accept
9 !) control and maintenance of all improve. ents constr-ucted pursuant to this
10 Agreement.
11 5. ) mo credit CITY w-ith an amo,.:nt (estimated to be $183,000) which
12 ( figure represents the estimated cost to CI'T_' for furnishing the controller
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13 and controller cabinets. Actual credit will be i i l's actual costs of
14 I� Purnishing said controller and controller cnbireis and as shown on statement
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15 -required Wider �7e-_4,-ion II, Arti-le (3
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16 I SECT101I ii
17 CITY ACRE-b.
18 �' 1. ) i'o pa; :'TAT?; within 30 da, , of receip` of billing therefor (which
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j4 billing will be forwarded i.i:imediately . . .Juir`:g cid advertising (late
20 of a constriction contract 'or the a .. :said the a..mo^,:.nt of
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21 $12,000 w'�i;:h figure :represents the e..'.i mated cost to C.I"i'Y for CITY's share
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22 ii of the installation of the aforesaid '.=;ti `L'ic control signal systeras and
23 i� safety lighting, less the estimated credit of $18,000 stipulated in Section I,
24 Article (5) . The actual cost to be borne b;; CI`ff will be determined upon
25 completion of STATE's construction contract, and ull work incidental thereto,
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20 and shall be fifty percent (5C%) of the final cost to STATE for the ir;stal-
27 lotion of aforesaid t:^affic control signal systems and safety lighting.
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1 In no event shall CITY's share exceed i$3U,000, including costs for furnishing i
said controller and controller cabinets.
3 2.) b reimburse STATE for CITY's proportionate share of the cost for
4 maintenance and operation of said traffic control signal systems and safety
5 lighting, such share to be determined in the manner provided in that Agreement
6 for Maintenance of State Highways within the City which is in effect at the
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!; time said costs are incurred, or if no such Agreement exists, such share to
be a sum bearing the saran proportion to the total cost of maintenance and
9 operation of said traffic control signal system and safety lighting at each
10 intersection involved as the nu:r:ber of 'Legs of highways under Jurisdi-tion
11 of CITY at each such intersection bears tJ the total number of legs of highways
!2 at such intersection.
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13 3.) 770 furnish to STATE said controller- and contLL^oller cabinets by
14 August 1, 1 71, or some later da`;e agreed up_7n betveen the parties hereto,
15 and to furnish to c'ZaTE', a stavemenr Df act :al _os*,s to CITY for furnishing
16 said controller and controller caUi,ne-s L
18 IT IS MUTUALLY UPL?F.RSTOOD AM A.G
19 1. ) That obligations of F, Tv wfm r ten.-s this Agreement are subject
20 to the allocation of funds by the C?-2 :rnia Highuray 7.1m-'aission.
21 2. ) That neither STATE, nor a:. officer o.- employee thereof, shall be
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responsible for any damage or liryoil_. ; occurring by reason of anything done
?o or omitted to be done by CITY under or in connectj..;n with any work, authority
24 or ,jurisdiction delegated to CITY under this Agreement. It is also understood
25 and agreed that, pursuant to Government Code Section 895.4, CITY shall fully
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indemnify and hold STATE harmless from any liability imposed for injury
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(as defined by Government Code Section 810.8) occurring by mason of anything
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1 done or emitted to be done by CITY eider or in connection vith any vark,
2 authority or Puri sdlictlon delegated to CITY under this Agreement.
3 3.) mat neither CITY, nor any officer or employee thereof, is
4 responsible for any damage or liability occurring by reason of anything done
g j or omitted to be done by STATH under or in connection with any work, authority �
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g i or jurisdicticm not delegated to CITY under this Agreement. It is also under-
7 stood and agreed that, pursuant to Government Code Section 895.4, STATE shall.
8 fully indemnify and hold CITY harmless from any liability imposed for injury
9 (as defined by Government Code Section 810.8) occurring by reason of anything j
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10 done or omitted to be done b) STATE under or in connection with any work,
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11 authority or jurisdiction not delegated to CITY under this Agreement.
12 4.) That, should any portion of the project be financed with Federal
13 funds or Sta a gas tax funds, all applicable procedures and policies relating
1.4 ` to the use of such Bands shall apply,notvithstanding other provisions of this
15 �, Agreement.
16 I� 5.i That in the event that. CITY desires any extra or additional work
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17 i over and above that specifically provided for berein, such work Twr ll be
18 financed by CITY at CITY's sole expense and accomplished by means of an
19 executed change order, in accordance w'_- . provisions of STATE's construction
20 i contract relative to force account, ax.. roved by CITY in writing, after receipt
21 I of a deposit of funds by CITY therefo., to cover the cost of such work.
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I IN WIC WBMWF,, the parties hereto have caused this ant to
2 be executed by their respective officers., duly* authorisea, ..he provisions of
3 vh1ch Agreement are effective as of the day, month and year first hereinibove
4 written.
5 STATE OF CAIJ .J A CITY OF CiPERTI
Department of Public Works
6 Division of Highways By
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Jo A. LMARRA Attest:
8 State Hipiw y Engineer ity C k
9 By -' ,,.�, .�. APPROVED AS TO FORM
Depu District Engineer A10 2ROCEDURE:
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I' City Attorney
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RESOLUTIONd NO. 3038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE EXECUTION OF A REVISED COOPERATIVE AGREEMENT
BETWEEN THE CITY AND THE STATE OF CALIFORNIA, DIVISION OF
HIGHWAYS FOR TRAFFIC SIGNALS AT HIGHWAY 280 AND WOLFE ROAD
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WHEREAS, on April 19, 1971, th-- City Council adopted Resolution No. 30;6
authorizing the execution of an agreement between the City and State of California,
Division of Highways for traffic signals at Highway 280 and Wolfe Road; and
WHEREAS, it was subsequently determined that the City would furnish the
controller equipment for the project to expedite the implementation, thus
necessitating the execution of a revised cooperative agreement; and
WHE"RENS, there has been presented to the City Council a revised agreement
by and between the State of California, Division of Highways, and the City of
Cupertino providing for the channelization, traffic control signal systems
and safety lighting at the northbound and southbound off-ramps from Interstate
280, Junipero Serra Freeway, at 'Wolfe Road, as more fully outlined in said
Agreement; and said Agree-ent having been approved by the Director of Public ?Forks
and the City attorney;
NOW, THEREFORE, 3E IT RESOLVED, that the Mayor and the City Clerk are hereby
authorized to execute --he agree-ment 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 19th da,, of July , 1971, by the following vote:
AYES: Councilmen - Fitzgerald, Frolich, Irwin, Stokes, Noel
NOES : Councilmen - None
ABSENT: Councilmen - None
APPROVED:
/s/ Clyde L. Noel
Mayor, City of Cupertino
ATTEST:
THIS IS TO CERTIFY THAT THE WITHIN
INSTRUMENT IS A TRUE AND CORRECT COPY
OF THE ORIGINAL. ON FILE IN THIS OFFICE.
/s/ Gladys McHugh ATTEST GG LCe 4`
Deputy City Clerk CITY CLERK OF"THE CITY OF CUPERTINO
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CITY E.AK
S,AIE GF CAL:FORNIA---WSINESS AND TRANSPORTATION AGENCY RONALD 2EAGAN, Ga—,,ov.
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FAPARTMENT OF PUBLIC WOM
DIVISION OF HIGHWAYS �
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P.O. Box 396e slNcort Aaxllal
SAN FRANCISCO 94119
September 2, 1971 04-Sr1-280-8.37
04230 - 42650 .
interstate Rte. 280
Northbound and Southbound
Off-Ramps To Wolfe Road
Dist. Ag: t, #4-0240-C
HQ Doc. File #43-237799
Mr. Lee Yarborough
Director of Public Works
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014 f
Dear Mr. Yarborough:
Attached for the files of the C-ty of- Cupertino iz cr.e
fully executed copy of Cooperative -regimen t „ 13-2;7159
covering channPlization, traffic control s;; zte S' ana
safety lighting at the nort..bound and out".c,ou::d off-ra::
from Interstate Route 280 at Wolfe Road
Very truly yours,
A LA ti S. HART
pis rict Engineer
_';SARU TAMURA
Asst. City and County
Projects Engineer
Attacrment
%,ITY