HomeMy WebLinkAboutInstall Traffic Signals- City of Sanjose - 1974 city & San Jose - Install Traffic Signals
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M-SOLUTIC": NO. 3760
A RESOI TI NI OF THE CITY COUINCIL OF Tlit:
CI11' OF CU?ERTINO AUTHORIZING EXECUTION'
OF AG:?EE f E:3T BT-. %FEti THE CITY OF SAN
JOSY r".'::� i IiE C l'.-Y OF CUPERTINO FOR
SHART: G OF COSTS FOR INSTALLATION OF
TFL%I FIC SIGNALS AT BUBB ROAD r,'�'D
MCCLFLLANI ROAD
ti.e City of .Sian j,;sa and the City of Cupertino, under ? to-int
powers u r C_.. iit, d,--sire. t0 t;_Uop'r .ii"e and joi tl-y pirl?cinate in t .e
struct'UI: of a Lrafi-Ic ;'7�i°u1 yst-c-,m an ' same'" zit, Si2�' Zt >>C-
tion LEI B- I:oaG an,,: .:cC1ei l.a n 1 oa an
an afire ent has Ce_n pr.esenti7id to the City Council
fc%r :ALe co,-.�:trt:_ _ on of said signal. :s'_Cln and safet; lig t .n;;,
a^u t:?E'. tG'._..... '?:..._ _'C'. �_;l.^.:._, Gi Ea.:-
agree-.en_ ..<_. �,P.�; bcen arprz:ved Gj
the City r.. l,o? .e' 3i.d t'.. 11___._' or o Pv.'--' is
a c tie Ci C'1 ar.
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C_ o; C n _.. 8th�— -da: or October , 197-
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C_' '�i'_
Frolich, levers, Nellis, Jackson
"O::S: None
I,;��_,. . Sparks
t:�5..".i: . None
A,'P.10.'LTA
/s/ James F. Jackson
Ma or,_Cit : of
Al —
A?TEST: Pro Tempore
t's/ 'Wm. E. Ryder
City Clerk
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CITE.' OFSAN JOSE
CALIFORNIA
CITY HALL
TELEPHONE 277.4O00
CITY CLERK
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February 28, 1974
City of Cupertino
City Attorney
10300 Torre Avenue
Cupertino, CA 95014
AGREEMENT FOR SHARING OF COSTS FOR INSTALLATION OF
TRAFFIC SIGNALS AT BUBB ROAD AND McCLELLAN ROAD
Enclosed are two copies of the agreement which was
approved by the Council of the City of San Jose
on February 19, 1974.
Please execute, date, retain the "Cupertino'' copy
and retL -n the "Clerk'' copy to my attention in Room
116, 801 r:orl-h First Street, San Jose, California
95110•
Thank you for your cooperation.
r
Linda Crosby
Deputy City Clerk
Enclosures
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govembox S, 1974
CL5] of San Joss
Wl S. Pizst Strast
San Jo"., Calfazu"
At tea a LSatds Cresbr
Pert - TVAMC S104L Z1WALLATION - SUM Ala D 14C CLZLL#j ROAN
LUCloa" fogy YOUC Berc:ssl dud file is the executed copy of the agroemmt by
and betwmm thee City of San Joao and the City of Cupertino for sbsring of
Costs of tssf gC siSUala at Bubb goad sad McClellsa toad, along with a cert-
ified COPY of' Sesolution No. 3760.
ELLEN PAGKM,
DEFUrT CYST fi.M
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FGS:WBM:ams •���. / i
11/14/73
AGREE�-Mti: PETWEM.1 T':rm' CITY OF g N JnSE AT-M
TICS CITY OF CUPERTINO FOR SHARINIG OF COSTS
FOR INSTALLATION OF TRAFIFIC SIGNALS AT BLEB
ROAD AND 1dcCLELLAN ROAD.
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This AGREEMENT, madA D and entered into this �J 7�1-J day of
1974 :- by and between the City of San Jose, a
municipal corporation of the State of California, hereinafter
referred to as "San Jose"., and the City of Cupertino, a municipal
corporation of the State of California, hereinafter referred to as
"Cupertino."
W I T N E S S E T H
WHEREAS, traffic at the int%rsection of Bubb Road and lcClellan
Road is not presently controlled by signals and is controlled by
stop signs on all approaches; and
WHEREAS, traffic signal warrants for this intersection are
now satisfied; and
WHEREAS, San Jose and Cupertino do rrutually desire, �:ndpr this
joint powers agreement, to cooperate and jointly participate in
construction of' the traffic signal system and safety lighting,, all of
which shall be hereinafter referred to as "said improvement," and
desire to specify herein the terms and conditions under which sr.id
improvements are to be designed, constructed, financed and main-
tained;
NOW, THEREFORE, in consideration of the covenants and conditions
herein contained, the parties hereto agree as follows:
SECTION I
CUPERTTNO AGREES:
�. • 1. To prepare plans and specifications for said improvements,
submit the same to San Jose for review, make corrections thereto
reauested b�, aan Jc:-e as may be necessaTM- ?or p:<rposes of tri s
agreement, and not to proceed with advertise ;:ent for cons tructior.
until such pans and specifications have been approved by San Jose.
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2. To furnish and install the improvements hereinbefore
mentioned, through construction_ by contract with construction
contractor licensed by the State of California, said work to be
completed in conformity with t'-e plans and specifications refer-
red to hereinabove.
3. To bear the entire expense of design, advertising for
bid, bid opening, award of contract, construction engineering,
and ma{ntenance (including all direct and indirect costs functional
and administrative overhead assessment) attributed to such work,
except for costs to be borne by San Jose as set forth hereinafter
In Section II of this agreement.
4. To bill San Jose, within thirty (30) days after Cupertino
advertises for bids for said improvements, a sum equal to San
Jose's proportionate share of estimated const.uction costs of each
bid item plus fees outlined in Section II, Article 2.
5. Within thirty
(30) days after construction of said im-
provements and completion of a27. work incidental thereto, to fur-
nish San Jose a detailed statement of costs to be borne by San
Jose and to refund to San Jose any amount of San Jose's advance
deposit, provided for in Section II, Article 1, remaining after
actual costs to be borne by San Jose have been deducted.
6. To maintain and operate the entire traffic signal systems
and safety lighting as installed.
SECTION II
SAN JOSE AGREES:
1.. To pay Cupertino within thirty (30) days of receipt of
billing therefor (which billing will be forwarded immediately
following Cupertino's bid advertising date of a construction con-
tract for the aforesaid improvements) , the amount of Eight Thou-
sand Dollars ($8,000.00), which figure represents the estimated
cost to San Jose for San Jose ' s share of said improvements. The
actual amount of San Jose's share will be detej.-mined after com-
pletion of work and will be twenty-five(25%) percent of the cost
of said improvements.
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2. To pay Cupertino within thirty (30) days after receipt
of billing (which billing shall be made within thirty (30) day
after completion of said improvements) the amount of Five Hundred
Fifty Dollars ($550.00), which figure represents the full cost of
testing controller equipment and field inspection to be performed
under the direction of Cupertino.
3. To pay Cupertino, pr aptly upon receipt of billing there-
for, any amount over and at a aforesaid payment, which may be
required to complete San Jose's financial obligation pursuant to
this agreement. In no event shall San Jose's total payment exceed
the amount of Nine Thousand Dollars ($9,000.00) unless provided for
In a subsequent agreement.
4. To reimburse Cupertino for San Jose's proportionate share
of the cost of maintenance and operation of the traffic signal sys-
tems and safety lighting, such share to be the same proportion as
set forth hereinafter in Section II, Article 1. In the %event that
any portion of the unincorporated area within the limits of this
project is annexed by Cupertino, the proportionate share of main-
tenance costs will be determined in the same ratio as the number of
approaches to the intersection under each Jurisdiction bears to the
total number of approaches to said intersection.
SECTION III
IT IS MUTUALLY UNDERSTOOD AND AGREED:
loin the exercise of this Joint powers agreement, Cupertino shall
be the administering agency and as such shall possess all powers
common to both San Jose and Cupertino which may be necessary to
effectuate the purpose of this agreement, subject only to the manner
of exercise of such powers provided herein and the restrictions im-
posed by law upon Cupertino in the exercise of such powers.
2. That neither Cupertino, nor any officer or employee thereof,
is repponsihle for any dar;a e or !' a litr oc n6 reason o.
anything done or omitted to be done by San Jose under or in connec-
tion with any work, authority or Jurisdiction delegated to San Jose
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under this agreement. It is also understood and agreed that,
pursuant to Government Code Section 895.4, San Jose shall fully
indemnify and hold Cupertino harmless from any liability imposed
for inJuxy (as defined by Government Code Section 810.8) occurring
by reason of anything done or omitted to be done by San Jose under
or in connection with any work, authority or jurisdiction dele-
gated to San Jose under this agreement.
3. That neither San Jose nor any officer or employee
thereof, shall be responsible for any damage or liability occur-
ring by mason of anything done or omitted to be done by Cupertino
under or in connection with any work, authority or jurisdiction
not delegated to San Jose under this agreement. It is also under-
stood and agreed that, pursuant to Government Code Section 895.41
Cupertino shall fully indemnify and hold San Jose harmless from
any liability imposed for injury (as defined by Government Code
Section 810.8) occurring by reason of anything doze or omitted to
be 'done by Cupertino under or in connection with any work, author-
ity or jurisdiction not delegated to San Jose under this agreement.
4. That, should any portion of the project be financed with
Federal Funds or State Gas Tax Funds, all applicable procedures
and policies relating to the use of such funds shall apply, not-
withstanding other previsions of this agreement.
5. Termination. ;his agreement shall ter-minate on December
31, 19740 if Cupertino has not awarded a contract for construction
of the above described projects prior to that date. In the event
of such a termination, Cupertino shall refund to San Jose all sums
advanced under Section II, Articles 1 and 2 of this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agree-
ment to be executed by their respCCtive:� oi.-i�ers, d.:l,,'
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the provisions of which agreement are effective as of the Late,
month and year first hereinabove written.
APPROVED AS TO FORK: Q�? SAN DOSE, a municipal
ZT,
ration
IN
By
Deputy city A-1forney
ATTEST:
lCity erg{
APPROVED AS TO FORM: CITY OF CUPERTINO, a municipal
core ration
Q7,/2oe By "�� ,
orLTUy"- Attorney ayor
ATTEST:
Citi
y er
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