CC Resolution No. 9471• 0
RESOLUTION NO. 9471
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT BETWEEN
THE CITY OF SAN JOSE AND THE CITY OF CUPERTINO PROVIDING
FOR THE INSTALLATION OF TRAFFIC SIGNAL SYSTEM AT THE
INTERSECTION OF BOLLINGER ROAD AND TANTAU AVENUE
WHEREAS, there has been presented to the City Council a cooperative agreement
between the City of Cupertino and the City of San Jose for the installation of a traffic
signal system at the intersection of Bollinger Road and Tantau Avenue; and
WHEREAS, the provisions, terns, and conditions 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 City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of October , 1995, by the following vote:
Vote:
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
City Clerk Mayor, City of pertino
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AGREEMENT
BETWEEN THE CITY OF SAN JOSE AND THE CITY OF CUPERTINO
FOR DESIGN, CONSTRUCTION, AND MAINTENANCE OF
THE TRAFFIC SIGNAL AT THE INTERSECTION OF
BOLLINGER ROAD AND TANTAU AVENUE
This AGREEMENT FOR DESIGN, CONSTRUCTION, AND MAINTENANCE OF THE TRAFFIC
SIGNAL AT THE INTERSECTION OF BOLLINGER ROAD AND TANTAU AVENUE (herein
"AGREEMENT') is made and entered into this .2k-6ei day of ,1995
by and between the CITY OF SAN JOSE, a municipal corporation (herei "San Jose ") and the CITY
OF CUPERTINO, a municipal corporation (herein "Cupertino"). San Jose and Cupertino may be
referred to collectively as the "Parties ".
RECITALS
WHEREAS, it is in the public interest to construct signalized control of all approaches to the
intersection of Bollinger Road and Tantau Road (referred to as 'Project" In this Agreement); and
WHEREAS, the intersection of Bollinger Road and Tantau Avenue (referred to as 'Intersection' in
this Agreement) is partly within the corporate boundaries of San Jose and partly within the corporate
boundaries of Cupertino; and
WHEREAS, it is in the best interest of orderly and economic construction practices to complete the
Project by having San Jose design, award and administer the construction contract for the Project;
and
WHEREAS, both Parties desire to share the costs of constructing and maintaining the Project
NOW THEREFORE, in consideration of their mutual promises, covenants and agreements, and
subject to the terms, conditions and provisions set forth, the Parties agree as follows:
TERMS AND PROVISIONS
1. Scope of Project
(a) The scope of the Project consists of constructing a Traffic Signal and Related Traffic
Improvements at the Intersection to provide signalized control of all approaches to the
Intersection.
(b) For purposes of this Agreement only:
(1) "Intersection' means the intersecting area of the rights of way of Bollinger Road and
Tantau Avenue and the rights of way on the three legs extending for a distance of
three hundred (300) feet from the right -of -way lines of the Intersecting streets.
(2) 'Traffic Signal" shall mean all traffic signal facilities and any appurtenant intersection
street lighting identified in the plans and specifications for the Project
(3) 'Related Traffic Improvements" shall mean any modifications to the Intersection
Including pavements, structures, utilities, signs, markings, or pavement markers
Identified in the plans and specifications for the Project.
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(4) The term "Operate and Maintain" shall mean the provision of services and payment
of all capital and labor costs for repairs, replacements, inspections, adjustments and
electrical energy expenses related to the operation and maintenance of the Traffic
Signal and Traffic Related Improvements at the Intersection.
II. Public Hearings and Environmental Documents
San Jose shall conduct all public hearings and shall prepare all environmental documents that are
required by existing law to construct the Project.
III. Plans Scecifications and Estimates
San Jose shall prepare, in accordance with California and San Jose engineering design standards,
all plans and specifications necessary for construction of the Project and shall submit the plans and
specifications to Cupertino for comment and approval by Cupertino. Cupertino shall act diligently in
commenting upon and approving the plans and specifications. Cupertino shall not withhold Its
approval of the plans and specifications if they are in conformity with California and San Jose
engineering design standards.
IV. Award of Contract
After Cupertino has approved the plans and specifications for the Project, San Jose shall advertise
for bids for construction of the Project and award the construction pursuant to San Jose bid
specifications. The acceptance or rejection of bids shall be in the sole discretion of San Jose.
V. Construction
San Jose shall manage and inspect all aspects of construction of the Project until completion of the
Project. Acceptance of the completed Project by San Jose shall constitute acceptance of the
completed Project by Cupertino.
VI. Sharing of Costs
Cupertino agrees to pay two-thirds of all the Project costs, Including construction, design and
inspection costs, up to, but not exceeding Seventy Thousand Dollars ($70,000), and San Jose
agrees to pay the remaining costs of the Project
VII. Payment
(a) Upon award of the construction contract for the Project by San Jose, Cupertino shall
pay to San Jose, upon demand, the sum of Seventy Thousand Dollars ($70,000).
(b) Upon completion and acceptance of the Project by San Jose, San Jose shall provide
Cupertino with a statement of Project costs, including, but not limited to construction,
design and inspection costs. If two-thirds of the total Project costs Is less than
Seventy Thousand Dollars ($70,000), San Jose shall reimburse to Cupertino, without
Interest, the difference between two- thirds of the Project costs and Seventy
Thousand Dollars ($70,000).
VIII. Maintenance
(a) Upon completion of the Project, San Jose shall, at its sole responsibility, Operate
and Maintain the Traffic Signal and Related Traffic Improvements within the
Intersection. Cupertino shall reimburse San Jose the cost of Operating and
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Maintaining the Traffic Signal and Related Traffic Improvements in accordance with
the percentage share of costs set forth in the column entitled "Maintenance Costs
Percentage Share' of Exhibit "A' of this Agreement, which is attached hereto and
incorporated herein as if fully set forth.
(b) San Jose shall bill Cupertino for Cupertino's share of Operating and Maintenance
costs semiannually for the periods of January 1 through June 30, inclusive, and July
1 through December 31, inclusive, of each year. Cupertino shall pay all bills within
thirty (30) days after receipt.
(c) San Jose shall notify and obtain the written approval of the Cupertino City Traffic
Engineer prior to making any subsequent physical changes to the Traffic Signal or
Related Traffic Improvements located within the corporate boundaries of Cupertino,
except that San Jose need not obtain approval of the Cupertino City Traffic
Engineer prior to making any safety related modifications, as determined by San
Jose, in its sole discretion, to be necessary, and need not notify or obtain the
approval of the Cupertino City Traffic Engineer prior to servicing, maintaining,
repairing, replacing, inspecting, or adjusting the Traffic Signals or Related Traffic
Improvements.
(d) Cupertino shall not make any modification or change to the Intersection that would
alter or affect the Operation or Maintenance of the Traffic Signals or Related Traffic
Improvements without first consulting with, and obtaining the written approval of the
San Jose City Traffic Engineer.
IX. Administering Agent
In the exercise of this Agreement, San Jose shall be the administering agent and, as such, shall
possess all powers common to both San Jose and Cupertino that 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 imposed by law upon San Jose in the exercise of such powers.
X. Hold Harmless
It is mutually understood and agreed:
(a) That neither Cupertino, nor any officer or employee thereof, shall be responsible for
any damage or liability occurring by reason of anything done or omitted to be done
by San Jose under or in connection with any work, authority or jurisdiction delegated
to San Jose under this Agreement. It is also understood and agreed that, pursuant to
Government Code Section 895.4, San Jose shall fully indemnify, defend, and hold
Cupertino harmless from any liability imposed for injury (as defined by Government
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 delegated to San
Jose under this Agreement.
(b) That neither San Jose, nor any officer or employee thereof, shall be responsible for
any damage or liability occurring by reason of anything done or omitted to be done
by Cupertino under or in connection with any work, authority or jurisdiction delegated
to Cupertino under this Agreement. It is also understood and agreed that, pursuant
to Government Code Section 895.4, Cupertino shall fully indemnify, defend, and hold
San Jose harmless from any liability imposed for injury (as defined by Government
Section 810.8) occurring by reason of anything done or omitted to be done by
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Cupertino under or in connection with any work, authority or jurisdiction delegated to
Cupertino under this Agreement.
XI. Termination
(a) Either San Jose or Cupertino may terminate the Agreement at any time prior to
award of the construction contract for the Project upon thirty (30) days' prior written
notice. Once the construction contract for the Project has been awarded, the
Agreement can be terminated only upon written consent of both Parties.
(b) If San Jose terminates this Agreement prior to award of the construction contract, it
shall pay to Cupertino, within thirty (30) days of termination, all costs relating to the
review of the plans and specifications for the Project incurred by Cupertino up to the
day of receipt of written notice of termination.
(c) If Cupertino terminates this Agreement prior to award of the construction contract, it
shall pay to San Jose, within thirty (30) days of termination, all costs relating to the
review of the plans and specifications for the Project incurred by San Jose up to the
day of receipt of written notice of termination.
III. This Agreement shall be void if San Jose has not awarded a construction contract on or
before January 1, 1997.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the
date first written above.
CITY OF CUPERTINO, a municipal corporation:
By:
WALLY DEAN
Mayor
City of Cupertino
10300 Tore Avenue
Cupertino, CA 95014 -3255
ATTEST: _
By:
City Clerk
APPROVED AS TO FORM:
By:
CHUCK KILIAN
City Attorney
CITY OFySAN JOSE�,pa municipal corporation:
PATRICIA L. O'HEARN
City Clerk
City of San Jose
801 North First Street
San Jose, CA 95110
APPROVED AS TO FORM:
By: D. u,"
GLENN D. SCHWARZBACH
Deputy City Attorney
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AGREEMENT
BETWEEN THE CITY OF SAN JOSE AND THE CITY OF CUPERTINO
FOR DESIGN, CONSTRUCTION, AND MAINTENANCE OF
THE TRAFFIC SIGNAL AT THE INTERSECTION OF
BOLLINGER ROAD AND TANTAU AVENUE
EXHIBIT A
TRAFFIC SIGNAL DESIGNATION AND COST ALLOCATION
The Cost of Operating and Maintaining Traffic Signal and Related Traffic Improvements
at the Intersection shall be as follows:
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Jurisdictional
Maintenance Costs
Maintenance
Intersection
Responsibility
Percentage Share
Responsibility
San Jose
Cupertino
San Jose
I Cupertino
Bollinger Road and
Tantau Avenue
33.3%
66.7%
33.3%
66.7%
San Jose
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