90-027 Santa Clara County Central Fire Protection District, Emergency Vehicle Preemption, Resolution No. 8179 .
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AGREEMENT
THIS AGREEMENT, ENTERED INTO ON ;NNW 12 1990 , 1990 , IS BETWEEN
CITY OF CUPERTINO, a body
politic and a municipal
corporation of the State of
California, referred to herein
as "CUPERTINO" .
AND
SANTA CLARA COUNTY CENTRAL
FIRE PROTECTION DISTRICT, a
political subdivision of the
State of California, referred
to herein as "CENTRAL FIRE" .
RECITALS
CUPERTINO and CENTRAL FIRE contemplate the installation of a
traffic signal emergency vehicle preemption system at various
intersections within the City, referred to herein as "PROJECT",
and desire to specify the terms and conditions under which such
systems are to be installed, financed and maintained. The total
costs of the PROJECT are estimated to be one hundred thirty-six
thousand, three hundred fifty dollars($136, 350. 00) .
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 CENTRAL FIRE for review
and concurrence as to conformity to CENTRAL FIRE'S standards
and/or existing facilities.
(3) To construct the PROJECT by contract in accordance with
the plans and specifications of CUPERTINO.
(4) To operate and maintain the equipment and appurtenances
of said PROJECT upon completion that are housed within the
traffic signal cabinets at the PROJECT intersections.
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SECTION II
CENTRAL FIRE AGREES:
(1) To pay CUPERTINO within thirty(30) days of receipt of
billing therefor an amount equal to one-hundred percent(100%) of
the final construction costs to complete the PROJECT. In no event
shall CENTRAL FIRE'S total obligation for said costs under this
Agreement exceed the amount of one hundred fifty thousand
dollars ($150, 000. 00) ; provided that CENTRAL FIRE may, at its sole
discretion, in writing, authorize a greater amount.
(2) To operate and maintain the equipment and appurtenances
of said PROJECT upon completion that are housed within the fire
stations and on the fire protection vehicles.
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 CENTRAL FIRE
under or in connection with any work, authority or jurisdiction
delegated to CENTRAL FIRE under this Agreement. It is also agreed
that, pursuant to Government Code Section 895.4, CENTRAL FIRE
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 CENTRAL FIRE under or in connection with any work
authority or jurisdiction delegated to CENTRAL FIRE under this
Agreement.
(2) Neither CENTRAL FIRE 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 CENTRAL FIRE under this Agreement. It is also
agreed that, pursuant to Government Code Section 895.4, CUPERTINO
shall fully indemnify and hold CENTRAL FIRE 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 CENTRAL FIRE under
this Agreement.
(3) If, upon bids for the PROJECT, the bids indicate a cost
overrun of no more than ten percent(10%) of the estimated cost of
one hundred thirty-six thousand three hundred fifty dollars
($136,350. 00) , CUPERTINO may award the contract.
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(4) If, upon opening of the bids, it is found that a cost
overrun exceeding ten percent(lo%) of the estimate will occur,
CUPERTINO and CENTRAL FIRE shall endeavor to agree upon an
alternate course of action, such as reducing the number of
intersections to be preempted. 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 CENTRAL FIRE, if CUPERTINO agrees to
assume financial responsibility for the cost overrun.
(5) In the construction of said work, CUPERTINO will
furnish a representative to perform the usual functions of a
Resident Engineer. CENTRAL FIRE 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.
(6) Upon completion of all work under this Agreement,
ownership and title to all materials, equipment and appurtenances
installed shall be vested in CUPERTINO and no further Agreement
will be necessary to transfer ownership to CUPERTINO.
(7) CENTRAL FIRE hereby grants to CUPERTINO and its agents
and contractors all necessary authority to perform within the
boundaries of CENTRAL FIRE any and all work required to perform
the terms of this Agreement, and agrees to provide such
documentation as may be required by CENTRAL FIRE to confirm such
authority.
CITY OF CUPERTINO SANTA CLARA COUNTY CENTRAL
FIRE PROTECTION DISTRICT
By: 0 P', - - t/- ,vi By: / i�►.� 97// 1 2 1990
Mayor Chairp son, :oard of Direc or
SUSANN WIL-ON
Attest: / /110% ,".„447,..;. � Attest:
at C wrClerk
Yof Board of Superviso s
DONALD M. RAINS
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGALITY: LEGALITY:
/ a
KCity Attorney Depu County Counsel
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