HomeMy WebLinkAboutModifications Traffic Signal- State of California - 1976 City & State .Modifications Traffic Signal
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STATE OF CAUfORNIA--MINLM AND TRANSPORTATION AGENCY Y ! EDIAUND G. BROWN JR.. C"w*fOor
DEPARTMENT OF TRANSPORTATION 1
/.O. SOX M6 RINCON ANNEX I
SAN FRANCISCO 94119
N I S) $57.194
March 11, 1976
o4-sc1-85 PM 14.Q
04215 - 394041
Intersection of Route 85
with Stevens Creek Blvd.
Dist. Agmt. No. 4-0460-C
Mr. Bert J. Viskovich
Director of Public Works
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear Mr. Viskovich:
Subject : Proposed C 2perative Agreement for Execution
Attached are five (5) copies of the prcposed Cooperative Agreement
between the City and State to provide for the modification of the
traffic control signal systems channelization, and safety lighting
at the intersection of Stevens Creek Boulevard with Statg tl HlZ ?,y
Route 85 Saratoga- unnyvale Road) in Cupertino.
If the Agreement is satisfactory, please have four (4) copies
signed by the appropriate City officials and return them to us
together with four (4) certified copies of a Resolution adopted
by the City Council approving the Agreement and authorizing its
execution. After signature by the appropriate State official,
you will be furnished a fully executed copy of this Agreement
for your files.
Thank you for your cooperation.
Sincerely yours,
T. R. LAMMERS
District Director e�
1�
By*
H. 'LE CH R 1 L
` Senior Engineer J
U
Project Development
attach: ,
h` 10300 Torre Avenue
Cupertino,California 95014
Telephone (408)252-4505
DEPARTMENT OF ADMINISTRATIVE SERVICES
;pril 8, 1976
Mr. T. R. Lammers, District Director
Depa -tment of Transportation
P. 0. Box 3366 Rincon Annex
San Francisco, California 94119
COOPERATIVE AGrcEEMENT FOR EXECUTION
Enclosed are four (4) copies of the Cooperative Agreement between the City
and State to provice for the modification o£ the traffic control signal
system, channelizat_on, and safety lighting at the intersection of Stevens
Creek Boulevard with State Highway Route 85 in Cupertino. After execution
of these documents, please return one copy to this office.
ELLEN PAGNINI
DEPUTY CITY CLERK
rw
encls.
STATE OF CAUFQ IIA-BUSINESS AND TRANSPO TATION AGENCY EDMUM G. 92"K—Jlt, Go-wromo
DEPARTMENT Of TRANSPORTATION
P.O. SM Uft RfNCON ANNEX g
SAN FRANCISCO 94S 99
4 f
..dy 61 1976 ' .
o4-Sc1-85 14.9
o4215 - 394o41
I/S of Rte. 85 with
Stevens Creek Blvd.
in Cupertino
Document No. SC1-43-2055
Mr. William E. Ryder
City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Attention Ms. Ellen Pagnini
Dear Mr. Ryder:
Subject : Executed Cooperative Agreement for Files
Attached for the City' s files is one fully executed copy of
the Cooperative Agreement to provide for the modification of
the traffic control signal system, channelization, and safety
lighting at the intersection of Stevens Creek Boulevard with
State Highway Rcute 85 in Cupertino.
Than:: you for your cooperation.
Sincerely yours,
T. R. LAMMERS
District Director
By
Q. H. FLETCHER r"
Senior Engineer
Project Development
Attachment
04-•SC1-8S, P.M. 14.9
0421S - 394041
Intersection of Rte. SS with
Stevens Creek Blvd. in Cupertino
Dist. Agmt. No. 4-0460-C
Document No. SC1-43-2g)9;jj �
1 AGREEKWIT
2 THIS AGREEMENT, MADE AND ENTERED INTO THIS 5th
3 DAY OF aril ., 19769 BY AND BETWEEN
4 CITY OF CUPERTINO, a body politic and
5 a municipal corporation of the State
6 of California, hereinafter referred
7 to as "CITY" ¢
8 AND
9 STATE OF CALIFORNIA, acting by and s
0
10 through its Business and Transportation;
11 Agency, Department of Transportation,
12 hereinafter referred to as "STATE".
13
14 WITNESSETH:
15 WHEREAS, STATE contemplates modification of traffic control
16 signal system, channelization, and safety* lighting at the
17 intersection of Stevens Creek Boulevard with State Highway
18 Route 8S (Saratoga-Sunnyvale Read) , to be referred to hereinafte
19 as IMPROVEMENTS, which are situated within the CITY; and
20 WHEREAS, CITY, in order to bring about the earliest possible
21 completion of said IMPROVEMENTS, is willing to bear fifty percent
22 (501) of the electrical construction cost (including STATE-
,
23 furnished electrical materials) plus ten percent (10%) of its
24 share of said electrical construction cost for construction
25 engineering; and f
-1- P'7PLICATE' ORIGINAL �
1 WHrREAS, STATE: and CITY desire to specify herein the terms
2 and conditions under which said IMPROVEMENTS are to be designed,
3 constructed, financed and maintained.
4 NOW, THEREFORE, in consideration of the covenants and
5 conditions herein contained, the parties hereto agree as follows :
6
i
7 SECpTION I
r3 STATE AGREES:
9 1.) Tc furnish all labor, material, tools and equipment to i
i
10 do or cause to be done the design engineering necessary for
11 preparation of plans, specifications and engineer's estimate for
12 the aforesaid IMPROVEMENTS. Plans and specifications prepared
4
13 by STATE shall be subject to review and approval by CITY as to
14 conformity to CI71Y standards and/or existing facilities.
15 2.) To cause to be constructed the IMPROVEMENTS hereinbefore
16 mentioned, through construction by contract with a construction
17 contractor licensed by the State of California, said contract to
18 be carried out in accordance wi"th provisions of the State
19 Contract Act, Chapter 3, Part 5, Division 3, Title 2 of the
20 Government Code, and work completed in conformity with plans
21 and specifications of STATE.
22 3. ) To furnish and install , at STATE's sole expense, the
23 traffic stripes and pavement markings by STATE forces.
24 4.) To bear the entire expense of the preliminary
25 engineering, construction engineering and construction costs i
1
1
1 -2-
fi
r' I required to complete the IMPROVE' ,TS referred to herein, except
2 for costs to be borne by CITY j set forth hereinafter in
3 Section II , Article (1) .
4 S.) Upon completion and acceptance by STATE of STATE's
5 construction contract for the IMPROVEMEIlr13 referred to
6 hereinbe:fose to furnish CITY with a detailed statement of the
7 construction cost and the engineering charges to be borne by
8 CITY and to refund to CITY any amount of CITY's advance deposit,
9 as provided for hereinafter in Section II , Article (1) , remaining!'
10 after actual costs to be borne by CITY have been deducted.
11, 6.) To maintain and operate the entire traffic control
12 signal system and safety lighting as installed and to maintain
13 all other portions of the IMPROVEMENTS constructed pursuant to
14 this Agreement which lie within STATE's right of way.
15
16 SECTION II
17 CITY AGREES:
18 1.) To deposit with STATE within thirty (30) days of
19 receipt of billing therefor (which billing will be forwarded }
20 immediately following STATE's bid advertising date of a
21 construction contract for the aforesaid IMPROVEMENTS) , the amount
F
22 of $61,000, which figure represents STATE's estimate of CITY's
i
23 share of the construction cost and construction engineering
24 cost pursuant to this Agreement. Actual costs to be borne by
25 CITY will be determined upon completion of all work and shall f
-3-
I be the sum of the following:
2 (a) Construction Cost: Said cost, estimated to be
3 $55,500, shall be fifty percent (M) of the
4 electrica►l construction cost. Actual costs shall
5 be determined by multiplying the final quantities
6 by the applicable unit prices in STATE's
7 construction :ontract plus the actual cost to 1
8 STATE for STATE-furnished electrical materials.
9 (b) Construction Engineering Cost: Said cost,
10 estimated to be $5,500, shall be an amount
11 representing ten percent (10%) of the actual
12 cost to CITY for completing the aforesaid electrical
13 construction referred to in Subarticle (a) above.
14 Said percentage includes all applicable overhead
15 charges.
16 2.) Upon opening of bids , to pay STATE, within fourteen
17 (14) days upon receipt of statement therefor, any amount over
18 and above the aforesaid advance deposit necessary to complete
19 the financing of CITY's cost as estimated by using the
20 contractor's actual bid prices and estimated quantities. In
21 like manner. CITY also agrees to supplement aforesaid advance
i
22 deposit to reflect any ether additional quantities , items, or
23 other costs to the STATE necessary for the completion of the said
IMPROVEMENTS but unknown at the date of execution of this
25 Agreement. In the event the said advance deposit exceeds the i
-4-
0
1 amount needed to finance CITY's co-,,t, STATE shall promptly
2 refund to CITY such balance as may exist. If the excess in
3 either case is less than $500, a refund or demand of additional
4 deposit shall be waived until final accounting.
5 3.) In the event that CITY's cost, as provided in Section
6 II , Article (1) , to be computed at the time of bid opening does
7 not exceed the present estimated ce+sc of $61,000 (defined
8 hereinbefore in Article (1) , Subparagraphs (a) and (b) by
9 more than ten percent (10%) . STATE may award a contract for t
10 aforesaid IMPROVEMENTS; however, in no event shall CITY's total
11 financial liability for construction and engineering costs
12 referred to herein exceed the amount of $67,100 unless agreed
13 to in writing by CITY prior to contract award by STATE.
14 After contract award, any increased cost resulting from
15 any change in the aforesaid construction that may be necessary or
16 desirable prior to completion of the work shall be at STATE's
17 sole expense, unless advance written approval of CITY is
18 obtained. The cost of approved changes shall be calculated in
19 accordance with the provisions of Section II , Article (1) ,
20 subparagraphs (a) and (b) and, if within the amount provided r
21 for contingency items , may be taken from the funds therefor
22 provided. If the cost of an approved change exceeds the amount
23 provided for in contingency items . CITY will , upon receipt of
2'k claim therefor, deposit with STATE the estimated cost of such
25 approved change. 4
1 4.) To pay STATE promptly upon completion of all work and
2 upon receipt of a detailed statement made upon final accounting
3 of costs therefor, any amount over and above the aforesaid
4 advance deposit required to complete CITY's financing pursuant
5 to this Agreement.
6 S.) To reimburse STATE, upon receipt of billing therefor,
7 for CITY's proportionate share of the cost of maintenance and
8 operation of said traffic control signal system and safety
9 lighting, such share to be determined in the manner provided in
1
10 that Agreement for Maintenance of State highways within the CITY
11 which is in effect at the time said costs are incurred, or if no
12 such Agreement exists , such share to be a sum bearing the same
13 proportion to the total cost of maintenance and operation of
14 said traffic control signal system and safety lighting as the
15 number of legs of highways under jurisdiction of the; CITY bears
16 to the total number of legs of highways at such intersection.
17 The intersection has four (4) legs of which CITY has jurisdiction
18 over two (2) .
19 6. ) To mainta-in all portions of said IMPROVEPiENTS as S
20 constructed, except signals and lighting, that are lonated
21 outside the STATE's right of way a.nd make no claim against STATE
22 for any portion of such maintenance expense.
E
23 :
24 to r a a
_ ._ _ —6y
I SECTION III
2 IT IS MUTUALLY UNDERSTOOD AND AGREED:
3 1.) That the obligations rf STATE under terms of this
4 Agreement are contingent upon the allocation of funds by the
5 California Highway Commission.
6 2.) That neither STATE, nor any officer or employee thereof,
7 shall be responsible for any damage: or liability occurring by
8 reason of anything done or omitted to be done by CITY under or in
9 connection with any work, authority or jurisdiction delegated to i
10 CITY under this Agreement. It is also understood and agreed that;
11 pursuant to Government Code Section 895.4, CITY shall fully
12 indemnify and hold STATE harmless from any liability imposed for
13 injury (as defined by Government Code Section 810.8) occurring by
14 reason of anything done or omitted to be done by CITY under or in
15 connection with any work, authority or jurisdiction delegated to
16 CITY under this Agreement.
17 3.) That neither CITY, nor any officer or employee thereof,
18 is responsible for any damage or liability occurring by reason of
19 anything done or omitted to be done by STATE under or in
20 connection with any work, authority or jurisdiction not delegated
21 to CITY under this Agreement. It is also understood and agreed
22 that, pursuant to Government Code Section 895.4, STATE shall fully
�3 indemnify and hold CITY harmless from any liability imposed for
24 injury (as defined by Government Code Section 810.8) occurring byj
25 reason of anything done or omitted to be done by STATE under or i�
- -7-
e
1 connection with any work, authority or jurisdiction not delegated
2 to CITY under this Agreement.
3 4.) That, in the construction of said work, STATE will
4 furnish a representative to perform the usual functions of a
5 Resident Engineer, and CITY may, at no cost to STATE, furnish a
6 representative, if it so desires , and that said representative
7 and Resident Engineer will cooperate and consult with each other, :
but the order of STATE's engineer shall be final. `
9 S.) That, should STATE incur any additional expense on ; a
10 behalf of CITY pursuant to construction or engineering of the
1
11 IMPROVE'tENTS referred to herein which is not specifically defined
12 under provisions sat forth in this Agreements said additional
13 expense, if incurred on behalf of CITY and with CITY's written,
14 consent will be borne at CITY's sole expense.
15 6.) That execution of this Agreement by CITY grants to
16 STATE the right to enter upon CITY-owned lands to construct the
17 IMPROVEMENTS referred to herein which lie outside of STATE's
18 right of way.
19 7.) That , should STATE determine that any portion of the
20 project be financed with Federal funds or State gas tax funds,
21 all applicable procedures and policies relating to the use of
i
22 such funds shall apply, notwithstanding other provisions of
23 this Agreement.
24
a � • � a � ea
29i 9
t
1 IN WITNESS WHEREOF, the parties hereto have caused this
2 Agreement to be executed by their respective officers, duly
3 authorized, the provisions of which Agreement are effective as
4 of the day, month and year first hereinabove written.
5
6 STATE OF CALIFORNIA CITY OF CUPERTINO
Department of Transportation
7 Transportation District 4 By � ao
mayor
8 T*- R. LAME RS
Dis 'ct 'rector Attest:
9 'City e
By '
10 put istrict irettor APPROVED AS TO FORM
AND PROCEDURE:
11
13 City Attorney
14
15
16
17
18
19
r
20
21
22 s�
t
23
24
21
-9-
1 ?JME }:T 1' 4 _ s
❑� THE {JF?VGIr�..L � � • __ -
c t �
i I
•'TEST - ,jc":,.' _-
C"Y CLERK GF T _ _,r"'
� � �cC C1Ty Gr <K
RESOLL"PYON N0. 414"
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CL-PERTIVO
AUTHORIZING EXECUTION OF C'' :RATIVE AGREEMENT BET'WEE_N
TEE CITY OF CUPERTINO AND TT :ATE OF CALIFORNIA TO PROV17E
FOR MODIFICATION OF TFAFFI:C r'TROL SYGidAL SYSTEM CHA..N ELIZA-
TION AND SAFETY LIGHTLNG AT THE INTLRSECTION OI' STEVENS CREEK
BOULEVARD WITH STATE HIGHAY ROUTE 85 ('DE A.NLA BOULEVARD)
WHEREAS, the State contemplates -modification of traffic control signal
system, channelization, and safety lighting at: the intersection of Stevens Creek
Boulevard with State Highway R.,Du,:e 85 (now known as De Anza Boulevard within the
City of Cupertino) ; and
WHEREAS, the City is willing to participate in the completion of said improve -x:nts
by entering into a cooperative agreement between the Czty and the State ; and
WHEREAS, an agreement has been tlresented to the City Council specif ing the terms
and conditions under which said improvements are to be designed, constructed, financed
and maintained.
NOW, TRERL:7R BE IT RESOL.7-D, :hat the Mayor and t e Clerk are '-ere-by
authorized to exec:e the agreement :terein referred to z. oe'nalf _he 1. _ ^>
Cupertino.
PASSED :.:.D _"_DCPTSD at a regular .7Veetin.g of the Ci ^. 1` zhe Ci
-upertino t':is _ 5th day of _ADri; 1976, by _hF _v_�Jcr ote:
t ote Members of the Cit'% Council
AYES: rrolica, Jackson, ''elks, "Keefe, Meyers
tiOES: Ncae
ABSENT: None
A3ST-.IN: `:Jce
APPROVED:
/s/ Robert W. "_e•:ers
Mayor, City of Cc..pertino
ATTEST.
/s/ Wm. Ruder
City Clerk