Loading...
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 a; 9I�u��l►II ; r,►re a Y • ► e+ r_ a -.... _ � . � .. . 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