89-117a Traffic Signal Install Share cost with City of Los Altos for Foothill Blvd. Cristo Rey/ Starling Resolution #7856Citiq of Cuperti»o
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
June 26, 1989
Bruce Bane, Director of Public Works
City of Los Altos
One North San Antonio Road
Los Altos, CA 94022
P.O. Box 580
Cupertino, California 95015
AGREEMENT BEIWEEN THE CITY OF CUPERTINO AND CITY OF LOS ALTOS -
SIGNALIZATION OF FOOTHIU4/CRISTO REy/STARLING
We are enclosing to you for your files one (1) copy of the Agreement by
and between the City of Cupertino and the City of Los Altos, which has
been fully executed by City Officials, along with one (1) copy of
Resolution No. 7856, which was enacted by the City Council of the City of
Cupertino, at their regular meeting of Monday, June 19, 1989.
Sincerely,
DOROHY CORNELIUS
CITY CLERK
CITY OF LINO
DC/so
encl.
cc: Department of Public Works
RESOLUrICN NO. 7856
'1�. • •; • i 1 N •• MV • i I N • • • fly � '•
VOID�I:m JUL
WMWZ, the City of Cupertino and the City of Los Altos contemplate
installation of the traffic control signal system and safety lighting at
the intersection of Foothill Boulevard and Cristo Rey/Starling Drive: and
WHEREAS, a pied agreement has been presented to the City Council
outlining the terms and conditions of administering said project, and said
a trney� been approved by the Director of Public Works and the
NOW, THEREFCIM, BE IT RESOLVED that the Mayor and the City Clerk are
hereby authorized to execute the agreement therein 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 day of June , 1989, by the follawing
vote:
Vote Members of the City cm=il
AYES: Gatto, Johnson, Koppel, Rogers, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
/s/ Roberta A. Wolfe
Deputy City Clerk
/s/ John J. Plungy, Jr.
Mayor, City of Cupertino
AGREEMENT
THIS AGREEMENT, ENTERED INTO ON
n".
1989, IS BETWEEN
CITY OF CUPERTINO, a body
politic and a municipal
corporation of the State of
California, referred to herein
as "CUPERTINO".
CITY OF LOS ALTOS, a body
politic and a municipal
corporation of the State of
California, referred to herein
as "LOS ALTOS".
RECITALS
(1) CUPERTINO and LOS ALTOS contemplate construction of the
traffic control signal system and safety lighting at the
intersection of FOOTHILL BOULEVARD, CRISTO REY DRIVE and STARLING
DRIVE, referred to herein as "PROJECT", and desire to specify the
terms and conditions under which such systems are to be
installed, financed and maintained.
(2) A developer will bear fifty percent(50%) of the expense
of preparation of plans and specifications, construction
engineering, construction costs and necessary traffic signal
equipment purchase required to complete the PROJECT and
contribute Twenty Thousand Dollars($20,000.00), which sum
includes Standards, Steel Pedestals and Posts as outlined in the
Project Specifications, at no expense to CUPERTINO, LOS ALTOS or
the County of Santa Clara. CUPERTINO, LOS ALTOS and the County of
Santa Clara will share the portion of expense not paid by the
developer.
SECTION I
CUPERTINO AGREES:
(1) To provide advertisement, bid opening, award of the
contract, contract administration and all necessary construction
engineering services for the PROJECT.
(2) Prior to advertisement for construction of PROJECT, to
submit said plans and specifications to LOS ALTOS for review and
concurrence as to conformity to LOS ALTOS' standards and/or
existing facilities.
Page 1 of 4
(3) To construct the PROJECT by contract in accordance with
the plans and specifications of CUPERTINO.
(4) To pay an amount equal to twenty-five percent (25%) of
the portion of the expense of preparation of plans and
specifications, construction engineering, construction costs and
necessary traffic signal equipment purchase required to complete
the PROJECT that is not paid by the developer. In no event shall
CUPERTINO'S total obligation for construction costs and necessary
traffic.signal equipment purchase under this Agreement exceed the
amount of nine thousand five hundred dollars($9,500.00), provided
that CUPERTINO may, at its sole discretion, in writing, authorize
a greater amount.
(5) To operate and maintain said PROJECT upon completion.
LOS ALTOS shall reimburse CUPERTINO for LOS ALTOS' proportionate
share of the cost of maintenance and operation of the traffic
control signal system and safety lighting. The proportionate
share of maintenance costs will be determined in the same ratio
as the number of approaches to the intersection under such
jurisdiction bears to the total number of approaches of said
intersection.
SECTION II
LOS ALTOS AGREES:
(1) To pay CUPERTINO within thirty(30) days of receipt of
billing therefor (which billing will be forwarded after July 3,
1989) an amount equal to fifty percent(50%) of the final
construction costs not paid by the developer or nineteen thousand
dollars ($19,000.00), whichever is less, excluding any and all
charges for interest thereon. An example of the schedule is shown
below as Exhibit A and incorporated herein by this reference. In
no event shall LOS ALTOS' total obligation for said costs
including costs provided for in Section III(7) under this
Agreement exceed the amount of nineteen thousand dollars
($19,000.00); provided that LOS ALTOS may, at its sole
discretion, in writing, authorize a greater amount.
(2) CUPERTINO shall operate and maintain said PROJECT upon
completion. LOS ALTOS shall reimburse CUPERTINO fifty percent
(50%) of the cost of maintenance and operation of the traffic
control signal system and safety lighting. In the event that any
portion of the area within the limits of this PROJECT is annexed
by CUPERTINO, the proportionate share of maintenance costs will
be determined in the same ratio as the number of approaches to
the intersection under such jurisdiction bears to the total
number of approaches of said intersection.
Page 2 of 4
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) Neither CUPERTINO nor any officer or employee thereof
shall be responsible for any damage or liability occuring by
reason of anything done or omitted to be done by LOS ALTOS under
or in connection with any work, authority or jurisdiction
delegated to LOS ALTOS under this Agreement. It is also agreed
that, pursuant to Government Code Section 895.4, LOS ALTOS shall
fully indemnify and hold CUPERTINO harmless from any liability
imposed for injury (as defined by Government Code Section 810.8)
occuring by reason of anything done or omitted to be done by LOS
ALTOS under or in connection with any work authority or
jurisdiction delegated to LOS ALTOS under this Agreement.
(2) Neither LOS ALTOS nor any officer or employee thereof
shall be responsible for any damage or liability occuring by
reason of anything done or omitted to be done by CUPERTINO under
or in connection with any work, authority or jurisdiction not
delegated to LOS ALTOS under this Agreement. It is also agreed
that, pursuant to Government Code Section 895.4, CUPERTINO shall
fully indemnify and hold LOS ALTOS harmless from any liability
imposed for injury (as defined by Government Code Section 810.8)
occuring by reason of anything done or omitted to be done by
CUPERTINO under or in connection with any work, authority or
jurisdiction not delegated to LOS ALTOS under this Agreement.
(3) 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
notwithstanding other provisions of this Agreement.
(4) After opening bids for the PROJECT and if bids indicate
a cost overrun of no more than ten percent(10%) of the estimated
cost ($65,000.00), CUPERTINO may award the contract.
(5) If, upon opening of bids, it is found that a cost
overrun exceeding ten percent(10%) of the estimate will occur,
CUPERTINO and LOS ALTOS shall endeavor to agree upon an alternate
course of action, such as proportional increases in the financing
by each party. CUPERTINO shall not be obligated to award the
contract unless such agreement is reached. Notwithstanding any
such overrun, CUPERTINO may award the contract, without consent
of LOS ALTOS, if CUPERTINO agrees to assume financial
responsibility for the cost overrun.
(6) In the construction of said work, CUPERTINO will
furnish a representative to perform the usual functions of a
Resident Engineer. LOS ALTOS may, at no cost to CUPERTINO,
furnish a representative, if they so desire. Said representative
and Resident Engineer will cooperate and consult with each other,
but the orders of CUPERTINO'S engineer shall be final.
Page 3 of 4
(7) If existing public and private utilities conflict with
the construction of the PROJECT, CUPERTINO will make all
necessary arrangements with the owners of such utilities for
their removal or relocation. CUPERTINO will inspect the removal
or relocation of such utilities. If there are no existing
provisions for removal or relocation of utilities between LOS
ALTOS, CUPERTINO and the owners of the utilities, CUPERTINO and
LOS ALTOS will share the cost of any removal or relocation in the
proportion described above in Section I, paragraph 4 and Section
II, paragraph 2.
(8) LOS ALTOS hereby grants to CUPERTINO and its agents and
contractors all necessary authority to perform within the
boundaries of LOS ALTOS any and all work required to perform the
terms of this Agreement, and agrees to provide such documentation
as may be required by LOS ALTOS to confirm such authority.
(9) This Agreement shall terminate on June 30, 1989, if
CUPERTINO has not awarded the contract for construction of the
PROJECT prior to that date. This Agreement shall terminate upon
reciept of LOS ALTOS' reimbursement as specified in Section II.
CITY OF CUPERTINO
By:
a or
Attest:
City Olerk
D AS TO FORM AND
RE: A
CITY OF LO ALTOS
By:
Attest:
City Clerk
APPROVED AS TO FORM AND
PROCEDURE:
City Attorney City Attorney
EXHIBIT A
(EXAMPLE OF PAYMENT SCHEDULE)
CUPERTINO bid opening date
CUPERTINO award of Contract for Project
CUPERTINO'S bill to LOS ALTOS
LOS ALTOS' repayment (due within 30 days)
Page 4 of 4
March 16, 1989
March 20, 1989
July 3, 1989
August 3, 1989