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81-047 City of San Jose - Modification of Traffic Signal@ intersection of Bollinger Rd. with Blaney Ave & Miller,TFB: CDT: j lc 'x/30/81 AGREEMENT BETWEEN THE CITY OF SAN JOSE AND THE CITY OF CUPERTINO FOR SHARING OF COSTS FOR MODIFICATION OF TRAFFIC SIGNALS AT BLANEY AVENUE/BOLLINGER ROAD AND MILLER AVENUE/BOLLINGER ROAD This AGREEMENT, made and entered this this �p day of , 1981, 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". W I T N E S S E T H WHEREAS, traffic at the intersection of Bollinger Road with Blaney Avenue and Miller Avenue is presently controlled by signals on all approaches; and WHEREAS, traffic signal warrants for modification of these intersections are now satisfied; and WHEREAS, San Jose and Cupertino do mutually desire, under this joint powers agreement, to cooperate and jointly participate in modification of the traffic signal systems 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 covenants and conditions herein contained, the parties hereto agree as follows: SECTION I SAN JOSE AGREES: 1. To prepare plans and specifications for said improvements, submit the same to Cupertino for review, make corrections thereto requested by Cupertino 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 Cupertino. 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 specifi- cations referred to hereinabove. -1- 3. To bill Cupertino, within thirty (30) days after San Jose advertises for bids for said improvements, a sum equal to Cupertino's proportionate share of estimated construction costs as defined in Section III, Article 6, of this agreement. 4. Within thirty (30) days after construction of said improvements and completion of all work incidental thereto, to furnish Cupertino a detailed statement of costs to be borne by Cupertino and to refund to Cupertino any amount of Cupertino's advance deposit, provided for in Section II, Article 1, remaining after actual costs to be borne by Cupertino have been deducted. gTrTTnM TT CUPERTINO AGREES: 1. To pay San Jose within thirty (30) days of receipt of billing therefor (which billing will be forwarded immediately following San Jose's bid advertising date of a construction contract for the aforesaid improvements), the amount of Ninety -Three Thousand ($93,000.00), which figure represents the estimated cost to Cupertino for Cupertino's share of said improvements. The actual amount of Cupertino's share will be determined after completion of work and will be fifty (500) percent of the cost of said improvements. 2. To pay San Jose promptly upon receipt of billing therefor, any amount over and above aforesaid payment, which may be required to complete Cupertino's financial obligation pursuant to this agreement. In no event shall Cupertino's total payment exceed the amount of One Hundred Thousand Dollars ($100,000.00) unless provided for in a subsequent agreement. SECTION III IT IS MU)`1TJALLY UNDERSTOOD AND AGREED: 1. In the exercise of this joint powers agreement, San Jose shall be the administering agency and as such shall possess all powers common to both San Jose and Cupertino which may be necessary to effectuate the purpose of this agreement, subject only to the manner of exercise of such powers provided herein and the restrictions imposed by laza upon San Jose in the exercise of such powers. 2. That neither San Jose, 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 Cupertino under or in connection with any work, authority or juris- diction delegated to Cupertino under this agreement. It is also understood and ��l •agreed that, pursuant to Government Code Section 895.4, Cupertino shall fully idemnify and hold San Jose 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 Cupertino under or in connection with any work, authority - or jurisdiction delegated to San Jose under this agreement. 3. That neither Cupertino 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 San Jose under or in connection with any work, authority or jurisdiction not delegated to San Jose under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, San Jose 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 anything done or omitted to be done by San Jose under or in connection with any work, authority or jurisdiction not delegated to Cupertino under this agreement. 4. TERMINATION. This agreement shall terminate on December 31, 1982, if San Jose has not awarded a contract for construction of said improvements prior to that date. In the event of such a termination, San Jose shall refund to Cupertino all sums advanced pursuant to Section II, Article I. except that San Jose's accrued construction costs, if any, shall be deducted from such sum to be refunded to Cupertino according to the respective sharing of costs as provided in Section II, Article 1. 5, That "Construction Costs" shall be defined as- the sum total of all con- struction costs and expenditures made by San Jose in connection with said improve- ments 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 San Jose. 6. That said improvements shall, upon completion, become subject to the terms and conditions of the existing agreement entitled "Agreement Between the City of San Jose and the City of Cupertino for the Maintenance of Traffic Signals Under Joint Jurisdiction", dated August 29, 1979. (3) I:N "A -PF -,S" G�-TFRI OF, 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: ()t � ' -Z epu y Ci- "Z9 ty A. orney ATTEST: HELEN E. JACKSON City Clerk City Clerk APPROVED AS TO FORM: i% City Attorn y h.MMM�E496 City Clerk CITY OF SAN JOSE, a municipal corporation -11- CITY 11_ CITY OF CUPERTINO, a municipal corporation By i Mayor 11 RESOLUTION NO. 5714 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 BLANEY AVENUE/BOL- LINGER ROAD AND MILLER AVEN[JE/BOLLINGER ROAD WHEREAS, traffic at the intersections of Bollinger Road with Blaney Avenue and Miller Avenue is presently controlled by signals on all approaches; and WHEREAS, traffic signal warrants for modification of these intersections are now satisfied; and WHEREAS, the City of San Jose and the City of Cupertino do mutually desire, under a joint powers agreement, to cooperate and jointly participate in the modification of the traffic signal systems and safety light; and WHEREAS, the proposed agreement presented to the City Council outlines the terms and conditions under which the project will be administered; and 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 8th day of September , 1981 by the following vote: Vote AYES: NOES: ABSENT: Members of the City Council Johnson, Plungy, Rogers, Sparks None Gatto ABSTAIN: None ATTEST: . /s/ Dorothy Cornelius City Clerk -i HIS IS TO CERTIFY THPIT T1. -"r VVITi- ;N INSTRUMENT IrSATPUEAND CP:l-:RECTCOPY OF T6 -IE ORIBINAL LIN FILE IN THIS OFFICE ATTEST �:�� ..,__�Z___.._,_,ITY C ERK OF- `r' C--DUPERTIN©Q% CITY C K V%� T APPROVED: �J'�� /s/ Reed Sparks Mayor, City of Cupertino