Loading...
80-059 Traffic Signal Maintenance between Cupertino Rd & Sunnyvale Homestead'a - - 47 OF S U lq �\V OR �� v CV T Telephone (408) 738-5606 December 11, 1980 Mr. Glenn M. Grigg Traffic Engineer City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Glenn: CITY OF CUPERTINO PUBLIC WORKS DEC 151980 Enclosed are two fully executed copies of the Agreement between Cupertino and Sunnyvale for the maintenance and operation of certain traffic signals along Homestead Road. Sunnyvale has inserted the date that its City Council approved the agreement. Your City will have to insert its date and also the date on page 1 of the agreement. If you have any questions, please contact Lorraine Hirose of this office. Yours truly, D. It. Somers Director of Public Works DMS:lh Encls. ADDRESS ALL MAIL TO: P.O.BOX 60607 ❑ SUNNYVALE, CALIFORNIA 94088 FILE: OFFICE OF THE CITY CLERK CITY OF CUPERTINO RESOLUTION NO. 5443 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE EXECUTION OF AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE CITY OF SUNNYVALE RELATIVE TO TRAFFIC.SIGNAL MAINTENANCE WHEREAS, there exists along the common boundary between Sunnyvale and Cupertino certain intersections where signal systems and highway safety lighting have been established whereat there is joint jurisdiction as to the various street approaches to these intersections; and WHEREAS, Cupertino and Sunnyvale desire to cooperate and jointly participate in the maintenance, repair and improvement of the traffic signal systems and high- way safety lighting; and WHEREAS, there has been presented to the City Council an agreement by and between the City of Sunnyvale and the City of Cupertino specifying the terms and conditions under which the aforesaid system are to be maintained, repaired or improved; and said agreement having been approved by the City Attorney and the Director of Public Works; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are hereby authorized to execute the agreement herein 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 6th day of October , 1980 by the following vote: Vote Members of the City Council THIS IS TO CERTIFY THAT THE WITHIN INSTRUlk:1, ENT IS A T P,UE AND GORPECT COPY AYES: Gatto, Plungy, Sparks, Rogers OF THE ❑RIGINAL ON FILE IN THIS OFFICE. NOES: None ABSENT: None CIT ABSTAIN: None ATTEST: PROVED: /s/ Dorothy Cornelius /s/ Barbara A. Rogers City Clerk Mayor, City of Cupertino File: Office of the City Clerk City of Cupertino A G R E E M E N T This AGREEMENT, made and entered into this day o f 0 1980 by and between the City of Cupertino, a municipal corporation of the State of California, hereinafter referred to as CUPERTINO, and the City of Sunnyvale, a municipal corporation of the State of California, herein- after referred to as SUNNYVALE. W I T N E S S E T H WHEREAS, there exists along the common boundary between CUPERTINO and SUNNYVALE certain intersections where traffic signal systems and highway safety lighting have been established and there is joint juris- diction as to the various street approaches to these intersections; and . WHEREAS, CUPERTINO and SUNNYVALE do mutually desire to cooperate and jointly participate in the maintenance, repair and improvement of the traffic signal systems and highways safety lighting and desire to specify herein the terms and conditions under which said systems are to be maintained, repaired or improved. NOW, THEREFORE, in congideration of the covenants and conditions herein contained, the parties hereto agree as follows: SECTION I CUPERTINO AGREES: 1. To maintain and operate the traffic signal systems and highway safety lighting enumerated below and except as stated in article 2 below, bear all costs associated therewith. A. Homestead Road and Tantau Avenue/Quail Avenue B. Homestead Road and Wolfe Road C. Homestead Road and Blaney Avenue 2. With respect to the Homestead Road and Blaney Avenue inter- section, Cupertino shall bill Sunnyvale within thirty days of the end of each calendar year a sum equal to 33% of the actual cost of said maintenance, repair or improvement excluding any and all charges for administrative overhead assessments. Cupertino shall assume all costs for the foregoing intersection when the traffic signal located at the intersection of Homestead Road and Maxine Avenue is placed in operation. 3. To review with Sunnyvale operation and timing of traffic signals enumerated above and make changes in hours of operation and timing as may be deemed necessary by mutual agreement of Sunnyvale and Cupertino and in such a manner that is consistent with sound traffic engineering practices. 4. With respect to the intersection at Homestead and Blaney, during the time Sunnyvale assumes those costs set forth in Article 2 above,to authorize maintenance or repair work by contract or City forces above a total cost of $500.00 dollars only after written approval of the Director of Public Works of Sunnyvale or his authorized representative has been obtained. SECTION II SUNNYVALE AGREES: 1. To maintain and operate the traffic signal systems and highway safety lighting enumerated below and except as stated in Article 3 below to bear all costs associated therewith. A. Homestead Road and Hollenbeck Avenue/Stelling Road B. Homestead Road and Mary Avenue C. Homestead Road and Blaney Avenue- as described in Article 3 below -2- D. Homestead Road and Maxine Avenue 2. To review with CUPERTINO operation and timing of traffic signals enumerated above and make changes in hours of operation and timing as may be deemed necessary by mutual agreement of CUPERTINO and SUNNYVALE and in such a manner that is consistent with sound traffic engineering practices. 3. With respect to the facilities located at the intersection of Homestead Road and Blaney Avenue, to reimburse Cupertino within thirty days of receipt of billing therefore of 33% of the Cost of maintenance and operation of the traffic signal system and safety lighting as set forth in Section 1, Article 1 until such time as the facilities located at the intersection of Homestead Road and Maxine Avenue are placed in operation at which time the obligation set forth in this clause 3 shall cease. SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. Maintenance and repair of signal devices shall be pursuant to each jurisdiction's agreement with Signal Maintenance Inc. and by said company or such other person, firm or corporation with whom each jurisdiction shall contract in the future for signal devices, maintenance and repair. Maintenance and repair of highway safety lighting shall be by City forces, provided that it may be by independent contracts in the event either City enters into a contract for such after public bidding. 2. The cost, to be borne by each City at the intersections to be maintained by that City, or prorated in the case of the Homestead Road and Blaney Avenue intersection shall be as follows: -3- A. Traffic Signals: 1) Maintenance: The monthly service fee paid to Signal Maintenance Inc. for each traffic signal system. 2) Repair: The cost of labor, materials and equipment provided by Signal Maintenance Inc. to repair traffic signal units where they become worn or defective from normal use. 3) Accident Damage Repairs: The cost of labor, materials and equipment provided to repair damaged traffic signal units where no responsible party can be found to recompense either City for such costs. 4) Electric EnergyThe monthly charges billed for the electrical energy supplied to traffic signal systems. B. Highway Safety Lighting: 1) Maintenance and Repair: The actual cost of labor, materials and equipment used or supplied in maintaining or repairing luminaires in the highway safety lighting system where they become worn or defective from -normal use. 3) Electric Energy: The monthly charges for the electrical energy supplied to all luminaires in the highway safety lighting system. 3. It is understood and agreed that neither Cupertino nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of a negligent or wrongful act or omission done by Sunnyvale under or in connection with any work, authority or -4- jurisdiction delegated to Sunnyvale under this Agreement.. It is also understood and agreed that, pursuant to Government Code Section 895.4, Sunnyvale shall fully indemnify and hold Cupertino harmless from any liability imposed for injury�/(as defined by Government Code Section 810.8) occurring by reason of a negligent or wrongful act or omission done by Sunnyvale under or in connection with any work, authority or jurisdiction delegated to Sunnyvale under this Agreement. 4. It is further understood and agreed that neither Sunnyvale nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of a negligent or wrongfull.act or omission 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 Sunnyvale harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of a negligent or wrongful act or omission done by Cupertino under or in connection with any work, authority, or jurisdiction delegated to Cupertino under this Agreement. 5. This Agreement shall take effect on the date of execution and shall continue in force until terminated by either party. This Agreement may be terminated by either party as of the commencement of any fiscal year upon written notice being given to the other party at least 60 days prior to the commencement of said fiscal year. -5- 6. This Agreement shall replace and supersede that certain Agreement between the parties hereto executed by Cupertino on the 20th day of August, 1973 and by Sunnyvale on the 5th day of September 1973. IN WITNESS WHEREOF the parties hereto have caused this Agrre��ement to be executed by the City of Cupertino on the day of �`�—J 1980 and by the City of Sunnyvale on the 28th day of OCTOBER , 1980. CITY OF CUPERTINO: By% Mayor ATTEST: 'City Cle APPROVED AS TO FORM AND PROCEDURE: S City A torney •'SUNNYVALE: 401,81'a-/i_%% Mayor City Cler APPROVED/AS TO FORM AND PROCEDURE: ��' ity Attorney ON of cupertlmo 10300 Torre Avenue Cupertino, California 95014 Telephone (408) 252-4505 December 15, 1980 C.V.E. Incorporated 430 Martin Avenue Santa Clara, CA 95050 11E-- --d CONTRACT - SIGNAL INSTALLATION AT RAINBOW AND STELLING, PROJECT 80-13 We are forwarding to you for your files a fully executed co Contract between the City of Cupertino and C.V.E. PS of the Inc Installation at Rainbow and Stelling. ., for Signal Sincerel DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Public Works CITY OF CUPERTINO INTERDEPARTMENTAL Date nrfi R in To Dorothy Cornelius, City Clerk From Bert J. Viskovich Director of Public Works r-j Information MESSAGE: Transmitted for processing are three sets of the Agreement r-1 =1 Implement Investigate with the City of Sunnyvale for maintenance of traffic signals. Discuss _Please return a completed copy for our files. --j See me Reply sm attach. _"Z f Reply: SIGNED: DATE Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returned with reply Office of the City Clerk 10300 Torre Avenue Cupertino, CA 95014 Telephone: (408) 252-4505 October 22, 1980 Attention: Carol Butler 456 W. Olive Street Sunnyvale, CA 94086 AGREEMENT - TRAFFIC SIGNAL MAINTENANCE We are enclosing three (3) fully executed copies of the Traffic Signal Maintenance Agreement between the City of Cupertino and the City of Sunnyvale, along with three (3) certified copies of Resolution No. 5443. After completion by the City of Sunnyvale, please return two (2) copies to us for our files. Thank you, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl.