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00-071 City of San JoseFIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN JOSE AND THE CITY OF CUPERTINO FOR MAINTENANCE OF TRAFFIC SIGNALS UNDER JOINT JURISDICTION This First Amendment to the Agreement for Maintenance of Tr ffic Signals Under Joint Jurisdiction is made and entered into this �/f �- day of :..e.� , 2000, by and between the CITY OF SAN JOSE, a municipal corporation jiff 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 "). RECITALS WHEREAS, on August 4, 1998, San Jose and Cupertino executed an Agreement for Maintenance of Traffic Signals Under Joint Jurisdiction ( "Agreement "); and WHEREAS, the Agreement, by its terms, provides that it may be modified or amended at any time upon mutual consent of the parties, and WHEREAS, the parties now desire to arnend said Agreement to include one (1) new intersection located on common corporate boundary lines at Bollinger Road and Johnson Avenue, not included in the Agreement, and WHEREAS, the parties also now desire to amend said Agreement such that Cupertino is fully responsible for maintenance and maintenance costs associated with five (5) traffic signals under joint jurisdiction located on South De Anza Boulevard, and such that San Jose is fully responsible for maintenance and maintenance costs associated with four (4) traffic signals under joint jurisdiction located on Bollinger Road. NOW, THEREFORE, the parties agree to amend the Agreement as follows: SECTION 1. Section 5 of the Agreement is amended to read as follows: As of July 1, each city responsible for maintenance of a Traffic Signal Facility at an Intersection, shall also pay all maintenance costs for that Traffic Signal Facility. Neither city shall bill the other city for a share of Maintenance costs on Traffic Signal Facilities maintained by that city pursuant to this Agreement. SECTION 2. Exhibit "A" of the Agreement, entitled "Traffic Signal Designation and Cost Allocation ", is hereby amended to read as stated in Exhibit A -1 attached hereto and incorporated herein. All references to Exhibit "A" in the Agreement shall be deemed as references to Exhibit "A-1". SECTION 3. This First Amendment shall become effective on July 1, 2000, and shall remain in full force until amended or terminated by either party hereto as provided in Section 10 of the Agreement. SECTION 4 All of the terms and conditions of the Agreement, except those specifically amended herein, shall remain in full force and effect. - 1- 129347 -1.DOC N N N IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to Agreement to be executed as of the date first written above. CITY OF CUPERTINO, a municipal corporation: By ': MAYOR, CITY OF CUPERTINO .• 0 City of Cupertino 10300 Torre Avenue Cupertino, CA 95070 City Attorney ATTEST: City Cler 129347_1.DOC CITY OF SAN JOSE, a municipal corporation: 0 WAYNE K. TANDA Director of Streets and Traffic City of San Jose 4 North Second Street, Suite 1000 San Jose, CA 95113 -1327 APPROVED AS TO FORM: - 2- BARBARA JORDAN Deputy City Attorney FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN JOSE AND THE CITY OF CUPERTINO FOR MAINTENANCE OF TRAFFIC SIGNALS UNDER JOINT JURISDICTION EXHIBIIT A -1 TRAFFIC SIGNAL DESIGNATI13N AND COST ALLOCATION. The Traffic signals at the following intersections shall be subject to this Agreement, and the Costs for Maintenance shall be allocated as follo'NS: - 3- 129347_1.DOC Location of Intersection By Intersection Jurisdiction (for information Maintenance and only) Maintenance Cost Responsibility San Jose Cupertino South De Anza Boulevard /Saratoga - Sunnyvale Road 25% 75% Cupertino and Prospect Road South De Anza Boulevard and Rainbow Drive 33.3% 66.7% Cupertino South De Anza Boulevard and Kentwood Avenue 100% 0% Cupertino South De Anza Boulevard and Fallenleaf Lane 100% 0% Cupertino South De Anza Boulevard and Bollinger Road 50% 50% Cupertino Bollinger Road and Blaney Avenue 50% 50% San Jose Bollinger Road and Miller Avenue 50% 50% San Jose Bollinger Road and Tantau Avenue 33.3% 66.7% San Jose Bollinger Road and Johnson Avenue 50% 50% San Jose - 3- 129347_1.DOC CITY OF CUPEI�TINO Summary City Hall 10300 Torre Avenue Cupertino, CA 95014 -3255 (408) 777 -3354 FAX (408) 777 -3333 PUBLIC WORKS DEPARTMENT AGENDA ITEM Zi 0 .AGENDA DATE June 19, 2000 SUBJECT AND ISSUE Authorization for execution of First Amendment to Agreement Between the City of San Jose and the City of Cupertino for Maintenance of Traffic Signals Under Joint Jurisdiction BACKGROUND Cupertino jointly maintains traffic signals under join. jurisdiction on De Anza Boulevard and Bollinger Road with the City of San Jose. On August 4, 1998, Cupertino and San Jose executed an agreement for joint maintenance of these traffic signals. Staff wants to amend the agreement to include another traffic signal on Bollinger Road at Johnson Avenue. Cupertino assumed half of the joint maintenance at this traffic signal when Rancho Rinconada was annexed into the city in April 1999. Staff from Cupertino and San Jose further agreed to assume full responsibility for maintenance, included costs for De Anza Boulevard and Bollinger Road. Cupertino will maintain the five traffic signals on De Anza Boulevard; San Jose will maintain four traffic signals on Bollinger Road. STAFF RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 00- N� authorizing execution of First Amendment to Agreement Between the City of San Jose and the City of Cupertino for Maintenance of Traffic Signals Under Joint Jurisdiction Appro)Q ftir submission: s i Donaldb. A(own City Manager Printed on Recycled Paper / 00. RESOLUTION NO. 00-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN JOSE AND THE CITY OF CUPERTINO FOR MAINTENANCE OF TRAFFIC SIGNALS UNDER JOINT JURISDICTION WHEREAS, there has been presented to the City Council a First Amendment to Agreement Between the City of San Jose and the City of Cupertino for Maintenance of Traffic Signal Under Joint Jurisdiction; and WHEREAS, the provisions, terms, and conditions of the aforementioned amendment to agreement have been reviewed and approved by the City Attorney and the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the Mayor and the City Clerk to execute said amendment to agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19"' day of June, 2000, by the following vote: Vote Members of the City Council AYES: Burnett, Chang, James, Lowenthal, Statton NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith /s /John Statton City Clerk Mayor, City of Cupertino AGREEMENT BETWEEN THE CITY OF SAN JOSE AND THE CITY OF CUPERTINO FOR DESIGN, CONSTRUCTION, AND MAINTENANCE OF THE TRAFFIC SIGNAL AT THE INTERSECTION OF BOLLINGER ROAD AND TANTAU AVENUE This AGREEMENT FOR DESIGN, CONSTRUCTION, AND MAINTENANCE OF THE TRAFFIC SIGNAL AT THE INTERSECTION OF BOLLINGER ROAD AND TANTAU AVENUE (herein "AGREEMENT`') is made and entered into this day of ��',/��PiY1i3C� 1995 by and between the CITY OF SAN JOSE, a municipal corporation (herein "San Jose ") and the CITY OF CUPERTINO, a municipal corporation (herein "Cupertino "). San Jose and Cupertino may be referred to collectively as the "Parties'. RECITALS WHEREAS, it is in the public interest to construct signalized control of all approaches to the intersection of Bollinger Road and Tantau Road (referred to as "Project' in this Agreement); and WHEREAS, the intersection of Bollinger Road and Tantau Avenue (referred to as "Intersection" in this Agreement) is partly within the corporate boundaries of San Jose and partly within the corporate boundaries of Cupertino; and WHEREAS, it is in the best interest of orderly and economic construction practices to complete the Project by having San Jose design, award and administer the construction contract for the Project; and WHEREAS, both Parties desire to share the costs of constructing and maintaining the Project. NOW THEREFORE, in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions set forth, the Parties agree as follows: TERMS AND PROVISIONS Scope of Protect (a) The scope of the Project consists of constructing a Traffic Signal and Related Traffic Improvements at the Intersection to provide signalized control of all approaches to the Intersection. (b) For purposes of this Agreement only: " (1) "Intersection" means the intersecting area of the rights of way of Bollinger Road and Tantau Avenue and the rights of way on the three legs extending for a distance of three hundred (300) feet from the right -of -way lines of the intersecting streets. (2) "Traffic Signal" shall mean all traffic signal facilities and any appurtenant intersection street lighting identified in the plans and specifications for the Project. (3) "Related Traffic Improvements' shall mean any modifications to the Intersection including pavements, structures, utilities, signs, markings, or pavement markers identified in the plans and specifications for the Project. 1 of 5 (4) The term "Operate and Maintain" small mean the provision of services and payment of all capital and labor costs for repairs, replacements, inspections, adjustments and electrical energy expenses related to the operation and maintenance of the Traffic Signal and Traffic Related Improvements at the Intersection. II. Public Hearings and Environmental Documents San Jose shall conduct all public hearings and shall prepare all environmental documents that are required by existing law to construct the Project. III. Plans, Specifications and Estimates San Jose shall prepare, in accordance with California and San Jose engineering design standards, all plans and specifications necessary for construction of the Project and shall submit the plans and specifications to Cupertino for comment and approval by Cupertino. Cupertino shall act diligently in commenting upon and approving the plans and specifications. Cupertino shall not withhold its approval of the plans and specifications if they are in conformity with California and San Jose engineering design standards. IV. Award of Contract After Cupertino has approved the plans and specifications for the Project, San Jose shall advertise for bids for construction of the Project and award the construction pursuant to San Jose bid specifications. The acceptance or rejection of bids shall be in the sole discretion of San Jose. V. Construction San Jose shall manage and inspect all aspects of construction of the Project until completion of the Project. Acceptance of the completed Project by San Jose shall constitute acceptance of the completed Project by Cupertino. VI. Sharing of Costs Cupertino agrees to pay two- thirds of all the Project costs, including construction, design and inspection costs, up to, but not exceeding Seventy Thousand Dollars ($70,000), and San Jose agrees to pay the remaining costs of the Project. VII. Payment (a) Upon award of the construction contract for the Project by San Jose, Cupertino shall pay to San Jose, upon demand, they sum of Seventy Thousand Dollars ($70,000). (b) Upon completion and acceptance of the Project by San Jose, San Jose shall provide Cupertino with a statement of Project costs, including, but not limited to construction, design and inspection costs. If tyro - thirds of the total Project costs is less than Seventy Thousand Dollars ($70,000), San Jose shall reimburse to Cupertino, without interest, the difference between two - thirds of the Project. costs and Seventy Thousand Dollars ($70;000). VIII. Maintenance (a) Upon completion of the Project, San Jose shall, at its sole responsibility, Operate and Maintain the Traffic Signal and Related Traffic Improvements within the Intersection. Cupertino shall reimburse San Jose the cost of Operating and 2 of 5 Maintaining the Traffic Signal and Related. Traffic Improvements in accordance with the percentage share of costs set forth in the column entitled "Maintenance Costs Percentage Share" of Exhibit "A" of this Agreement, which is attached hereto and incorporated herein as if fully set forth. (b) San Jose shall bill Cupertino for Cupertino's share of Operating and Maintenance costs semiannually for the periods of January 1 through June 30, inclusive, and July 1 through December 31, inclusive; of each year. Cupertino shall pay all bills within thirty (30) days after receipt. (c) San Jose shall notify and obtain the written approval of the Cupertino City Traffic Engineer prior to making any subsequent physical changes to the Traffic Signal or Related Traffic Improvements located within the corporate boundaries of Cupertino, except that San Jose need not obtain approval of the Cupertino City Traffic Engineer prior to making any safety related modifications, as determined by San Jose, in its sole discretion, to bE! necessary, and need not notify or obtain the approval of the Cupertino City Traffic Engineer prior to servicing, maintaining, repairing, replacing, inspecting, or adjusting the Traffic Signals or Related Traffic Improvements. (d) Cupertino shall not make any modification or change to the Intersection that would alter or affect the Operation or Maintenance of the Traffic Signals or Related Traffic Improvements without first consulting with, and obtaining the written approval of the San Jose City Traffic Engineer. IX. Administering Agent In the exercise of this Agreement, San Jose shall be the administering agent and, as such, shall possess all powers common to both San Jose and Cupertino that 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 law upon San Jose in the exercise of such powers. X. Hold Harmless It is mutually understood and agreed: (a) 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 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, defend, and hold Cupertino harmless from any liability imposed for injury (as defined by Government 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 delegated to San Jose under this Agreement. (b) 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, defend, and hold San Jose harmless from any liability imposed for injury (as defined by Government Section 810.8) occurring by reason of anything done or omitted to be done by 3 of 5 Ell XII Cupertino under or in connection with any work, authority or jurisdiction delegated to Cupertino under this Agreement. TPrminatinn (a) Either San. Jose or Cupertino may terminate the Agreement at any time prior to award of the construction contract for the Project upon thirty (30) days' prior written notice. Once the construction contract for the Project has been awarded, the Agreement can be terminated only upon written consent of both Parties. (b) If San Jose terminates this Agreement prior to award of the construction contract, it shall pay to Cupertino, within thirty (30) days of termination, all costs relating to the review of the plans and specifications for the Project incurred by Cupertino up to the day of receipt of written notice of termination. (c) If Cupertino terminates this Agreement prior to award of the construction contract, it shall pay to San Jose, within thirty (30) days of termination, all costs relating to the review of the plans and specifications for the Project incurred by San Jose up to the day of receipt of written notice of termination. This Agreement shall be void if San Jose. has not awarded a construction contract on or before January 1, 1997. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date first written above. CITY OF CUPERTINO, a municipal corporation: CITY OF SAN JOSE, a municipal corporation: By: ( I�WJA, AJ6 9-4 cqoq� WALL DE N Mayor City of Cupertino 10300 Torre Avenue Cupertino; ._ CA 950,1,4 -3255 ATTEST'' By: - City Clerk, APPROVED.ASTO FORM By: - CHUCK KILIAN City Attorney PATRICIA EARN City Clerk City of San Jose 801 North First Street San Jose, CA 95110 APPROVED AS TO FORM: By: D. GLENN D. SCHWARZBACH Deputy City Attorney 4 of 5 �j AGREEMENT BETWEEN THE CITY OF SAN JOSE AND THE CITY OF CUPERTINO FOR DESIGN, CONSTRUCTION, AND MAINTENANCE OF THE TRAFFIC SIGNAL AT THE INTERSECTION OF BOLLINGER ROAD AND TANTAU AVENUE EXHIBIT A TRAFFIC SIGNAL DESIGNATION AND COST ALLOCATION The `Cost of Operating and Maintaining Traffic Signal and Related Traffic Improvements at the Intersection shall be as follows: 5 of 5 Jurisdictional Maintenance. Costs Maintenance Intersection Responsibility Percentage Share Responsibility San Jose Cu ertino San Jose Cupertino Bollinger Road and Tantau Avenue 33.3% 66.7% 33.3% 66.7% San Jose 5 of 5