91-017 Cooperative Agreement City of Sunnyvale Homestead Rd. & Blue Jay 91-017 COOPERATIVE AGREEMENT CITY OF
SUNNYVALE HOMESTEAD RD. & BLTTEIJAY
C its Of CuPcrtieiO
10300 Turrr• A,,enuv P.O. Box sm
Cupertino,California 95014 Cupertino, California 95015
Telephone. (408) 25:?-4505
DEPARTMENT OF 'ifif (ITN CLERK
June 20, 1991
Mr. Robert G. TeM[Wrmand
Senior Traffic Engineer
City of Sunnyvale
P. O. Box 3707
Sun
Sunnriale, CA 94086-3707
COOPERATIVE AGRL.F.MQd`I' BETWEEN THE CITY OF CUPERTINO AND CITY OF SUNNYVALE
Dear Mr. Teamermand:
We are enclosing to you for your files one (1) fully executed copy of the
Agreement by and between the City of Cupertino and the City of Sunnyvale
which has been fully executed by City Officials, along with one (1)
certified copy of Resolution No. 8409, which was enacted by the City
Council of the City of Cupertino, at their regular meeting of Monday, June
17, 1991.
Thank you for your cooperation.
Sincerely,
DOROM CORNIMIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
9 BE
A y��ry* p� �p MION NO.q�84099 r �py��
A itCa7MSiJ$ O O M C� OOMCM O THE CITY OF CUPMRTIM
AUTHORIZING EXMCMICN CF COOPERATIVE AGREEMEM B 7RB
CITY CF COPERTM AMID THE CITY CF SCtNNYVA1E PROVIDING FM
Mo .TI24 OF TRAFFIC SIGNMiL SYSTM AND SAFETY
LIGHTIlIG AT INTEMMICIMN OF HOMESTOD ROAD AND BUM Y DRIVE
ROWAS, there has been presented to the City Council a cooperative
aft between the CITY OF ammm and the CITY OF SMMVAIE
providing for the construction and maintenance of a traffic control signal
system and safety lighting at the of Rbmestead Road and Slue
Jay Drive; and
WEgREAS, the provisions of said agreement have been received and
approved by the Director of Public works and the City Attorney.
Now, THERMM, BE IT FMMVED than the City Council of the City of
Cupertino hereby approves the aforem ti:oned aft and author:'s the
Mayor and City Clerk to execute said agreement on behalf of the City of
Cupertino.
PASSED AMID ADDP= at a regular meeting of the City Council of the
City of Cupertino this 17th day of June 1991, by the
following vote:
vote Members of the City Council
AYES: Goldman, Rogers, Sorensen, Szabo
NOES: None
ABSERr: Koppel
ABSIA' : None
ATTEST: APPrOVE'D:
Isl D rothy Cornelius Isl Barb Koppel
City Clerk Mauer, City Of C1xrtino
Pro Tempore
AGREEMENT
THIS AGREEMENT, ENTERED INTO ON , 1991, IS BETWEEN
CITY OF CUPERTINO, a body politic
and a municipal corporation of the
State of California, referred to
herein as "CUPERTINO•'.
AND
CITY OF SUNNYVALE, a body politic
and a municipal corporation of the
State of California, referred to
herein as "SUNNYVALE".
RECITALS
CUPERTINO and SUNNYVALE contemplate construction of the
traffic control signal system and safety lighting at the
intersection of HOMESTEAD ROAD and BLUE JAY DRIVE, referred to
herein as "PROJECT", and desire to spscify the terms and
conditions under which such systems are to be installed, 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 SUNNYVALE for review and
concurrence as to conformity to SUNNYVALE'S standards and/or
existing facilities.
(3) To provide for the construction of PROJECT by contract
in accordance with the plans and specifications of CUPERTINO.
(4) To provide an amount equal to one hundred percent(100%)
of the expense of preparation of plans and specifications,
construction engineering, construction costs and necessary
traffic signal equipment purchase required to complete the
PROJECT.
(5) To operate and maintain said PROJECT upon completion.
SUNNYVALE shall reimburse CUPERTINO for SUNNYVALE'S proportionate
share of the cost of maintenance and operation of the traffic
control signal system and safety lighting. The proportionate
share of maintenance costs will be determined in the same ratio
as the number of approaches to the intersection under such
jurisdiction bears to the total number of approaches of said
intersection.
Page 1 of 3
SECTION II
SUNNYVALE AGREES:
(1) Prior to award of contract for construction. of PROJECT,
SUNNYVALE shall review the plans and specifications for
conformity to SUNNYVALE'S standards and/or existing facilities.
(2) CUPERTINO shall operate and maintain said PROJECT upon
completion. SUNNYVALE shall reimburse CUPERTINO fifty percent
(50%) of the cost of maintenance and operation of the traffic
control signal system and safety lighting. In the event that any
portion �)f the area within the limits of this PROJECT is annexed
by CUPERTINO, the proportionate share of maintenance costs will
be determined in the same ratio as the number of approaches to
the intersection under such jurisdiction bears to the total
number of approaches of said intersection.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) CUPERTINO shall not approve a contracC for the work
until after receipt of SUNNYVALE'S approval of the plans and
specifications required in SECTIONS I and II, above.
(2) Neither CUPERTIvO 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 SUNNYVALE under
or in connection with any work, authority or jurisdiction
delegated to SUNNYVALE under. this Agreement. It is also 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 anything done or omitted to be done by
SUNNYVALE under or in connection with any work authority or
jurisdiction delegated to SUNNYVALE under this Agreement.
(3) Neither SUNNYVALE 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 not
delegated to SUNNYVALE under this Agreement. It is also 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 anything done or omitted to be done by
CUPERTINO under or in connection with any work, authority or
jurisdiction not delegated to SUNNYVALE under this Agreement.
(4) 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.
Page 2 of 3
• SECTION III (Cont'd)
• (5) In the construction of said work, CUPERTINO will
furnish a representative to perform the usual functions of a
Resident Engineer. SUNNYVALE may, at no cost to CUPERTINO,
furnish a representative, if they so desire. Said representative
and Resident Engineer will cooperate and consult with each ot,-.er,
but the orders of CUPERTINO'S engineer shall be final.
(6) 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
SUNNYVALE, CUPERTINO and the owners of the utilities, CUPERTINO
shall bear the cost of any removal or relocation in the amount of
one hundred percent(100%) .
(7) SUNNYVALE hereby grants to CUPERTINO and its agents and
contractors all necessary authority to perform within the
boundaries of SUNNYVALE any and all work required to perform the
terms of this Agreement, and agrees to provide such documentation
as may be required by SUNNYVALE to confirm such authority.
CITY OF CUPERTINO CITY OF SUNNYVALE
By: L:&� -
Mayor - Mayor
AJ I
Attest:/ Attest: v
4A�
Cxty C erk City Clerk
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
PROCEDURE: PROCEDURE:
= r City .Attorney Assistant City Attorney
Page 3 of 3
CITY OF CUPERTINO
INTERDEPARTMENTAL Date JUNE 19, 1991 V�
To - CITY CLERK From PUBLIC WORKS--SUMI
C( Information MESSAGE: COOPERATIVE AGREEMENT WITH CITY OF SUNNYVAL
C1 Implement TRAFFIC SIGNAL--BLUE JAY AND HOMESTEAD (CC, 6/17/91)
C1 Investigate -
C; Discuss TRANSMITTED ARE THREE SETS OF AGREEMENT FOR PROCESSING. .
See me CONTACT PERSON AT SUNNYVALE IS
Reply
ROBERT G. TEMMERMAND
SENIOR TRAFFIC ENGINEER
CITY OF SUNNYVALE _
P. 0. BOX 3707
--�•-,
Reply: SH —
ATTACH.
SIGNED: DATE
Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returned with reply