80-017 County of Santa Clara, Cooperative Agreement for Traffic Signal Rainbow and Stelling RdAGREEMENT BETWEEN THE COUNTY OF SANTA CLARA
AND THE CITY OF CUPERTINO RELATING TO THE
INSTALLATION OF ROADWAY IMPROVEMENTS AND THE
INSTALLATION OF TRAFFIC SIGNALS AT STELLING
ROAD AND RAINBOW DRIVE AND THE SHARING OF
CERTAIN COSTS THEREOF
THIS AGREEMENT, made and entered into this _______________ day
of __________ ~~~PR-,~O~.7~1~96~~~. , 1979, by and between the CITY OF CUPERTINO,
a municipal corporation of the State of California (hereinafter
referred to as "City"), and the COUNTY OF SANTA CLARA, a political
subdivision of the State of California (hereinafter referred to as
"County").
WIT N E SSE T H: ----------
WHEREAS, it is in the public interest that certain roadway
improvements and that the installation of a traffic signal be made
at the intersection of Stelling Road and Rainbow Drive said inter-
section being 50% within the jurisdiction of the County and 50% within
the jurisdiction of the City, and the City and County desire to share
the costs of said project; and
WHEREAS, it is in the best interest of orderly and economic
constructi~n practices to complete said project through joint action
." of City and County and under a single contract, awarded and admin-
is tered by City;
NOW, THEREFORE, in consideration of their mutual promises, cove-
nants and agreements hereinafter set forth, and subject to the terms,
provisions and conditions hereinafter set forth, the parties hereto
do agree as follows:
1. Scope of Project. The scope of said project consists of making
roadway improvements and the installation of a traffic signal
to accommodate the said roadway improvements.
For the purpose of this agreement, the term "total project cost"
shall mean the total of all costs incurred and expenditures
made by the City and the County for right of way appraisal and
right of way acquisition, preliminary engineering, preparation
of environmental statements or negative declarations, community
meetings and public hearings as requested, the preparation of
plans and specifications,.construction of said project, and
construction engineering.
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-For the purpose of this agreement, the term "cons true tion cos til
shall mean the total of all costs incurred and expenditures
made by the City and the County for' preliminary engineering,
the preparation of plans and specifications, construction of
said project and construction engineering.
2. Public Hearings and Environmental Statements. City shall conduct
all public hearings and shall prepare all environmental statements
that may be required for said project by existing legislation.
3. Plans, Specifications and Estimates. City shall prepare or
cause to be prepared, separate plans, specifications and esti-
mates for said project and shall submit said-plans, specifications,
and estimates to the County for County's approval.
4. Sharing of Costs. County agrees to pay as its share an amount
not to exceed F,ifty Thousand Dollars ($SO,OOO.OO); which amount
represents SO% of the estimated construction cost of roadway
improvements and of traffic signal modifications. City agrees
to pay as its share Fifty Thousand Dollars ($SO,OOO.OO), which
amount represents SO% of the estimated construction cost of
roadway improvements and of traffic signal modifications.
Upon approval of plans and specifications by County of said
project, County shall pay to City SO% of its estimated share
of the construction costs.
S. Insurance. City shall require any contractor awarded a contract
for any portion of said project -to secure and maintain in full
force and effect at all times during construction of said project
and until said project is accepted by County, public liability
and property damage insurance in forms and limits of liability
satisfactory and acceptable to both City and County, insuring
City and County, and their respective officers and employees,
from and against any claims, loss, liability, cost or expense
arising out of or in any way connected with the construction of
said project. The aforementioned policy shall contain a pro-
vision that the insurance afforded thereby to City and County
and their,respective officers and employees shall be primary
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insurance to the full limits of liability of the policy, and
that if City or County, or their respective officers and
employees, have other insurance against a loss covered by
such policy, that other insurance shall be excess insurance
only.
6. Acguisition of Property and Acquisition Costs. County agrees
to acquire and to bear all the acquisition costs thereof of
all the real property required for said project located within
the limits of work for said project. For the purpose of this
agreement the term "acquisi tion cos ts" will mean the cos ts
incurred and expenditures made by the County for the purchase
of property or interests therein, appraisal fees, title and
escrow fees, attorneys' fees or charges, court costs and charges
for staff time as payment of such fees and charges related to
the acquisition either by agreement or condemnation of real
property required for the project. County shall maintain time
and any other records necessary for accounting for the acquisi-
tion costs of the real property acquired by them for the project.
7. Award of Contract. After County has approved the separate plans
and specifications for said project, City shall, subject to the
provisions of Paragraphs 6, 8, 9 and 14 hereof, advertise for
bids for construction of said particular project, award a
separate contract thereof, and supervise the construction
thereof to completion. It is understood that said project
mentioned herein may be included within a construction contract
embracing additional work to which County may not be contributing.
8. Maximum County Participation. County's share of construction
costs shall not exceed Fifty Thousand Dollars ($50,000.00) for
said project. In the instance the County's share of construc-
tion costs should exceed the said amounts, the City shall
notify the County and request County Board of Supervisors'
authorization for additional County participation for said
project.
9. Records and Accounts. City shall keep, maintain and render
available for inspection by County or its authorized repre-
sentatives, records and books which will provide a complete
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'and accurate account of all costs, fees and expenditures made
by City on construction costs of said project.
-10 •. Termination. This agreement shall terminate on December 31,
1981, if City has not awarded a contract for construction of
said project prior to that date. In the event of such termina-
tion, City shall refund to County all sums deposited with City
under paragraph 4 of this agreement.
11. Final Accounting. Upon completion of the project, City shall
pay the final construction costs of said project and shall
prepare and furnish to County a final accounting of the total
,
costs of said project. Said accounting shall show the final
construction costs of said project in its entirety.
12. Maintenance. City shall operate and maintain said project upon
completion. County shall reimburse City for County's propor-
tionate share (50%) of the cost of maintenance and operation
of the traffic signal systems and safety lighting. In the
event that any portion of the unincorporated area within the
limits of this project is annexed -by the City, the proportionate
share of maintenance costs will be determined in the same ratio
as the number of approaches to the intersection u~der such
jurisdiction bears to the total number of approaches of said
intersection.
13. Administering Agent. In the exercise of this agreement, City
shall be the administering agency and, as such, shall possess
all powers common to both City and County which may be necessary
to effectuate the purpose of this agreement, subject to the
manner of exercise of such power provided herein and the
restrictions imposed by law upon City in the exercise of such
powers.
14. Hold Harmless.
It is mutually understood and agreed:
a. That neither County-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 City_
under or in connection with any work, authority or
jurisdiction delegated to City under this Agreement. It
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, is also understood and agreed that, pursuant to Government
Code Section 895.4, City shall fully indemnify and hold
County harmless from any liability imposed for injury (as
defined by Government Code Section 810.8) occurring by
reason of anything done or omitted to be done by City
under or in connection with any work, authority or juris~
diction delegated to City under this Agreement.
b. That neither City, nor any officer or employee thereof,
is responsible for any damage or liability occurring by
reason of anything done or omitted to be done by County
under. or in connection with any work, authority or juris~
diction not delegated to City under this Agreement. It is
also understood and agreed that, pursuant to Government
Code Section 895.4, County shall fully indemnify and hold
harmless from any liability imposed for injury (as defined
by Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by County under or in
connection with any work, authority or jurisdiction not
delegated to City under this Agreement.
WITNESSETH THE EXECUTION HEREOF the day and year first herein
above set forth.
APPROVED ~~
I
ATTEST:
~~rZ~ City eel:'
APPROVED AS TO FORM:
C unty Counse
/{-/Y_"7 (
DONALD M. RAINS, C er
Board of Supervisors
CITY OF CUPERTINO, a municipal
corporation
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"ei ty"
Supervl.sors
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