82-026 Cost Sharing with San Jose; Modification of Traffic Signal at De Anza & Bollinger; Resolution No. 5913 RESOLUTION NO. 5913
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN
JOSE AND THE CITY OF CUPERTINO FOR SHARING OF COSTS FOR
MODIFICATION OF TRAFFIC SIGNALS AT DE ANZA BOULEVARD AND
BOLLINGER ROAD
WHEREAS, the City of Cupertino and the City of San Jose do mutually desire
to cooperate and jointly participate in the modification of the traffic signal
system and safety lighting at the intersection of De Anza Boulevard and Bollinger
• Road; and
WHEREAS, there has been presented to the City Council an agreement by and
between the City of Cupertino and the City of San Jose providing for the
implementation of the aforementioned project, and the terms and provisions of
said agreement having been approved by the Director of Public Works and the
City Attorney;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby
authorized to execute said agreement 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 July , 1982 by the following
vote:
Vote Members of the City Council
AYES: Johnson, Plungy, Rogers, Sparks, Gatto
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ John Gatto
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
• City Clerk
AUI<Ji12ItNI liiIPItN Idii LIIY UP bAN JUJL AND CITY OF CUPERTINO
8/24/82 - THE CITY OF CUPERTINO FOR"SHARING OF COSTS
FOR MODIFICATION OF TRAFFIC SIGNALS AT
DE ANZA BOULEVARD AND BOLLINGER ROAD
• This AGREEMENT, made and entered this ,y 7) day, of.J ,-/`/ , 1982,
. 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".
WITNESSETH
WHEREAS, traffic at the intersection of De Anza Boulevard and Bollinger
Road is presently controlled by signals on all approaches; and
WHEREAS, traffic signal warrants for modification of this intersection is
now satisfied; and
WHEREAS, Cupertino and San Jose do mutually desire, under this joint powers
agreement, to cooperate and jointly participate in modification of the traffic
signal system and safety lighting, all of which shall be hereinafter referred to
as "said improvements", and desire to specify herein the terms and conditions
under which said improvements are to be designed, constructed and financed;
•
NOW, THEREFORE, in consideration of the convenants and conditions herein
contained, the parties hereto agree as follows: •
. SECTION I
CUPERTINO AGREES: •
1. To prepare plans and specifications for said improvements, submit the
same to San Jose for review, make corrections thereto requested by San Jose as
may be necessary for purposes of this agreement, and not to proceed with adver-
tisement for construction until such plans and specifications have been approved
by San Jose. •
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 the plans and specifica-
tions referred to hereinabove.
3. 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 construction costs as defined in Section III, Article 5, of this
agreement.
4. Within thirty (30) days after construction of said improvements and
completion of all work incidental thereto, to furnish San Jose a detailed
statement of costs to be borne by San Jose and to refund 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.
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• - 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 advertis-
ing date of a construction contract for the aforesaid improvements) , the amount of
'Fifty-Eight Thousand ($58,000.00) , which figure represents the estimated cost to
San Jose for San Jose's share of said improvements and the actual cost to San
Jose for San Jose's share of the cost of traffic control equipment provided by
Cupertino. The actual amount of San Jose's share will be determined after com-
pletion of work and will be fifty percent (50%) of the cost of said improvements.
2. To pay Cupertino promptly upon receipt of billing therefor, any amount
• over and above 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 pf Sixty Three Thousand Dollars ($63,000.00) un-
less provided for in a subsequent agreement.
SECTION III
IT IS MUTUALLY UNDERSTOOD AND AGREED:
1. In the exercise of this joint powers agreement, Cupertino shall be the
administering agency and as such shall possess all powers conwion to both Cuper-
tino and San Jose which may be necessary to effectuate the purpose of this agree-'
ment, subject only to the manner of exercise of such powers provided herein and
the restrictions imposed by law upon Cupertino in the exercise of such powers.
2. That neither Cupertino, nor any officer or employee thereof, is re-
sponsible 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 under-
stood and agreed that, pursuant to Government Code Section 895.4, San Jose shall
fully idemnify and hold Cupertino harmless from any liability imposed for in-
jury (as defined by Government Code Section 810.8) occurring by reason of any-
thing done or omitted to be done by San Jose under or in connection with any
work, authority or jurisdiction delegated to an Jose under this agreement.
3. 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 and hold San Jose harmless from any liability imposed for
injury (as defined by Government Code Section 810.8) occurring by reason of any-
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thing done or omitted to be done by Cupertino under or in connection with any
work, authority or jurisdiction delegated to Cupertino under this agreement.
4. TERMINATION: This agreement shall terminate on December 31, 1983, if.
Cupertino has not awarded a contract for construction -of said improvements prior
.to that date. In the event of such a termination, Cupertino shall refund to San
Jose all sums advanced pursuant to Section II, Article I, except that Cupertino's
accrued construction costs, if any, shall be deducted from such sum to be re-
funded to San Jose according to the respective sharing of costs as provided in
Section II, Article I.
5. That "Construction Costs" shall be defined as the sum total of all
construction costs and expenditures made by Cupertino in connection with said
-improvements including, but not limited to, engineering costs and expenses, costs
and expenses of preparation of plans and specifications, costs and expenses for
inspection, publication, advertising and printing, cost of traffic signal control
equipment, and the cost of the construction contract to be awarded by Cupertino.
6. That said improvements shall, upon completion, become subject to the
terms and conditions of the existing agreements between Cupertino, San Jose and
the State of California for maintenance and operation of said improvements.
7. Upon completion of all work under the Agreement, ownership and title
to all materials, equipment and appurtenances installed will be vested in the
STATE and no further Agreement will be necessary to transfer ownership to the
STATE.
IN WITNESS WHEREOF, the parties hereto 'have caused this agreement to be
executed by their respective .officers, duly authorized, the provisions of which
agreement are effective as of the date, month and year first hereinabove written.
APPROVED AS TO FORM: CITY OF SAN JOSE, a municipal
corporation
By �l �� /
Deputy City Attorney X Mayor
SrIET GRAY HAY U
ATTEST: MAYOR
mei / /,
HELEN E.V CKSON City Clerk
City Clerk
APPROVED AS TO FORM: CITY OF CUPERTINO, a municipal
corporationaldi 9/74rn
.
City Atedey Chuc Kilian Apr M. Gatto Mayor
ATTEST:
iz-zne-gr2.<71-'1r-
Dorothy
�zy/2
Dorothyhy Cor elius City Clerk
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