89-113a Measurex traffic signal at Bubb and Results Way, Res. #8128Cit-4 of Cuperti"o
P.O. Box 580
Cupertino, CA 95015-0580
DEPARTMENT OF THE CITY CLERK
May 17, 1990
Joseph A. Stasi
Manager, Environmental Health & Safety
Measurex Corporation
One Results Way
Cupertino, CA 95014-5991
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I am enclosing one fully executed copy of the subject agreement for your
files.
Sincerely,
DOROM CORNEL US, CMC
CITY CLERK
RESOLUTION NO. 8128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGRE MENr BEgVE N THE CITY OF
CUP.ERTINO AND MEASUREX CORPORATION RELATING TO THE
INSTALLATION OF TRAFFIC SIGNAL SYSTEM AND SAFETY LIGHTING
AT THE INTERSECTION OF BUBB ROAD AND RESULTS Vay
WHEREAS, the intersection of Bubb Road and Results Way is not
Presently signalized; and
WHEREAS, traffic signal warrants for this intersection are not now
satisfied; and
WAS, the Measurex Corporation desires to pay for the costs to
design, install and maintain a traffic signal at aforesaid location; and
WHEREAS, the City of Cupertino and Measurex Corporation do mutually
desire to cooperate and jointly participate in construction of the traffic
signal system and safety lighting and necessary street improvement; and
WHEREAS, an agreement has been Presented to the City Council for the
implementation of said joint project, and the terms and conditions 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 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 7rh day of May , by the following
vote:
Vote Members of the City Council
AYES: Goldman, Sorensen, Szabo, Rogers
NOES: None
ABSENT: Koppel
ABSTAIN: None
ATTEST:
/s/ Roberta A. Wolfe
Deputy City Clerk
/s/ Barbara A. Rogers
Mayor, City of Cupertino
measurex
C 0 R P 0 R A T 1 0 N
May 2, 1990
City of Cupertino
10300 Torre Avenue
Cupertino, Ca. 95014
Attn: Mr. Bert J. Viscovich
Director of Public Works
Re: Signalization at Bubb Road & Results Way
Dear Bert,
PUBLIC WORKS
MAY 2 1990
Enclosed are the two (2) original agreements, for the installation of the traffic
signal at Bubb Road quid Results Way, which have been signed by the
appropriate Measurex management.
After these agreements have been executed by the City of Cupertino, please
send one of the signed originals back to me for our files.
Sincerely,
/ Joseph A. Stasi
Manager, Environmental Health & Safety
Encl.
cc: Sherman Davis
Measurex
Glen-n Grigg
City of Cupertino
MEASURER CORPORATION
ONE RESULTS WAY
CUPERTINO, CALIFORNIA 95014-5991
(408) 255-1500
CPAj C.)�.
s19�9�
AGREEMENT
THIS AGREEMENT, ENTERED INTO ON
AND
1990,
CITY OF CUPERTINO,
politic and a
corporation of the
California, referred
as "CUPERTINO".
IS BETWEEN
a body
municipal
State of
to herein
MEASURER CORPORATION, a
corporation of the State of
California, referred to herein
as "MEASUREX".
RECITALS
(1) The intersection of BUBB ROAD and RESULTS WAY is not
presently signalized and traffic signal warrants for this
intersection are not now satisfied.
(2) MEASUREX and CUPERTINO do mutually desire to cooperate
and jointly participate in the construction of a traffic signal
system and safety lighting and necessary street improvements on
BUBB ROAD at RESULTS WAY, referred to herein as "PROJECT", and
desire to specify herein the terms and conditions under which
said improvements are to be designed, constructed, financed and
maintained.
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 MEASUREX for review and
concurrence as to conformity to MEASUREX'S standards and/or
existing facilities.
(3) To award the contract for the installation of the
traffic signal system and safety lighting on the basis of
competitive bids in accordance with CUPERTINO'S construction
bidding standards.
Page 1 of 4
(4) To construct the PROJECT by contract, with a
construction contractor licensed by the State of California, in
accordance with the plans and specifications of CUPERTINO.
(5) To bear the entire expense of engineering design,
advertising for bid, bid opening, award of contract and
construction engineering costs (including all direct and indirect
costs, functional and administrative overhead assessment)
attributed to PROJECT, except for costs to be borne by MEASUREX
as set forth hereinafter in Section II, Articles 1, 2, and 3.
(6) To bill MEASUREX within thirty(30) days of CUPERTINO'S
execution date of a construction contract a sum equal to fifty
percent(50%) of the contract amount of construction costs.
(7) To bill MEASUREX, from time to time, within thirty(30)
days of the date CUPERTINO is contractually obligated to pay for
construction costs, including cost overruns.
(8) To furnish MEASUREX, upon completion of CUPERTINO'S
construction contract and all work incidental thereto, with a
detailed statement of costs to be borne by MEASUREX.
(9) To maintain and operate the entire traffic signal system
and safety lighting as installed and to maintain all other
improvements constructed pursuant to this AGREEMENT.
(10) To provide detailed records of all direct and indirect
costs incurred by CUPERTINO in maintaining said traffic signal
system and safety lighting.
SECTION II
MEASUREX AGREES:
(1) To pay CUPERTINO within thirty(30) days of receipt of
billing therefor (which billing will be forwarded immediately
following CUPERTINOS execution date of a construction contract
for the aforsaid PROJECT) the amounts set forth hereinabove in
Section I, Articles 6, 7, and 8. which amount represents the
estimated cost to MEASUREX. The actual amount of MEASUREX'S costs
will be determined after completion of the work and will be one
hundred percent(100%) of the total construction costs for the
installation of the traffic signal system, safety lighting and
roadway improvements and field inspection and equipment testing
performed by CUPERTINOS signal maintenance contractor.
(2) To pay CUPERTINO, promptly upon receipt of billing
therefor, any amount over and above aforesaid payment, which may
be required to complete MEASUREX'S financial obligation pursuant
to this AGREEMENT. In no event shall MEASUREX'S total obligation
for said costs under this Agreement exceed the amount of ninety
thousand dollars ($90,000.00); provided that MEASUREX may, at its
sole discretion, in writing, authorize a greater amount.
Page 2 of 4
(3) To reimburse CUPERTINO for the cost of ordinary
maintenance and operation of the traffic signal system and safety
lighting; provided, however, that such sum shall not exceed the
amount paid by CUPERTINO for traffic signal maintenence as
established by contract based on competitive bidding.
(4) In the event that a traffic signal warrant is satisfied
in the future, as described in Chapter 9 of the State Traffic
Manual, CUPERTINO will, at that time, assume all maintenance and
operation costs for the traffic signal system and safety
lighting. In the event that Chapter 9 of the State Traffic Manual
is revised in the future, the traffic signal warrants that
provide for the warranting of the traffic signal at the earliest
possible date, the current warrants or any new warrants, shall be
applied to this PROJECT.
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 MEASUREX under
or in connection with any work, authority or jurisdiction
delegated to MEASUREX under this Agreement. It is also agreed
that, pursuant to Government Code Section 895.4, MEASUREX 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
MEASUREX under or in connection with any work, authority or
jurisdiction delegated to MEASUREX under this Agreement.
(2) Neither MEASUREX 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 MEASUREX under this Agreement. It is also agreed
that, pursuant to Government Code Section 895.4, CUPERTINO shall
fully indemnify and hold MEASUREX 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 MEASUREX 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, CUPERTINO may award
the contract provided the bids indicate a cost overrun of no more
than ten percent(10%) of the estimated cost of eighty-two
thousand dollars($82,000.00) will occur.
Page 3 of 4
(5) If, upon opening of bids, it is found that a cost
overrun exceeding ten percent(10%) of the estimate will occur,
CUPERTINO and MEASUREX shall endeavor to agree upon an alternate
course of action. 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 MEASUREX, 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. MEASUREX 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.
(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
MEASUREX, CUPERTINO and the owners of the utilities, CUPERTINO
and MEASUREX will share the cost of any removal or relocation in
the proportion described above in Section I, paragraph 5 and
Section II, paragraph 2.
(8) 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.
(9) MEASUREX hereby grants to CUPERTINO and its agents and
contractors all necessary authority to perform within the
boundaries of MEASUREX any and all work required to perform the
terms of this Agreement, and agrees to provide such documentation
as may be required by MEASUREX to confirm such authority.
CITY OF CUPERTINO
By:
Mayor
Attest: a.
4-a-�
City Clerk
APPROVED AS TO.,FO / AND
.
PROCEDURE: � i'/ /7
City Attorne
MEASUREX CORPORATION
By:
Doris S. Bossen
.Vice President,
Corporate Communications
APPROVED AS TO ORM AND
PROCEDUR
rney for Measurex
Page 4 of 4