01-023 City of Sunnyvaleo ~"°a 3 DUPL[CATE QRIGINAL
TRAFFIC SIGNAL, CONTROL AND
COST SHARING AGREEMENT
THIS AGREEMENT, for convenience dated F- ~~' ~ •-~~-~ ~ ~-' , 2001, is
entered into by and between the CITY OF' SUN ALE, a municipal corporation,
referred to herein as "SUNNYVALE," and the CITY OF CUPERTINO, a municipal
corporation, referred to herein as "CUPER'TINO."
RECITALS
WHEREAS, SUNNYVALE and CUPI;RTINO contemplate construction of the
traffic control signal system and safety lighting at the intersection of
HOMESTEAD ROAD and BELLEVILLE V~'AY and BARANACA DRIVE, referred to
herein as "PROJECT", and desire to specify the terms and conditions under which
such systems are to be installed, financed and maintained.
WHEREAS, SUNNYVALE and CUPE;RTINO have entered into a cost sharing
agreement on May 1991 regarding the traffic control signal system and safety
lighting at the intersection of HOMESTEAD ROAD and BLUE JAY DRIVE, which
Agreement provided by Section II(2) (a cony of which is attached as Exhibit A) for
SUNNYVALE to reimburse CUPERTINO for fifty percent (50%) of the maintenance
and operating costs of that traffic signal system and safety lighting.
WHEREAS, this new Agreement pr~~vides for CUPERTINO to take primary
responsibility for the traffic control sign~ci system at HOMESTEAD ROAD and
BLUE JAY DRIVE as described herein, and for SUNNYVALE to take primary
responsibility for the traffic control system at the intersection of HOMESTEAD
ROAD and BELLEVILLE WAY and BARANc~A DRIVE as described herein.
SECTION I
SUNNYVALE 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 plans,
specifications and estimates to CUPERTINO for review and concurrence as
to conformity to CUPERTINO'S standards and/or existing facilities.
(3) To provide for the construction of P&:OJECT by contract in accordance with
the plans, specifications and estimates of SUNNYVALE.
Page 1 ~~f 4
(4) To provide an amount equal to one' hundred percent (100%) of the expense
of preparation of plans, specifications and estimates, construction
engineering, construction costs ~~nd necessary traffic signal equipment
purchase required to complete the PROJECT, subject to the partial
reimbursement by CUPERTINO as set forth below.
(5) To operate and maintain the PROJECT upon completion. SUNNYVALE
shall pay for all costs of mainten~~nce and operation. of the traffic control
signal system and safety lighting.
SECTION II
CUPERTINc) AGREES:
(1) Prior to award of contract for construction of PROJF;CT, CUPF,RTINO shall
review the plans; specifications, and f~stimates ft~r confc:rrr~ity~ to
C'tJPERTiNO'S standards and!or existing facilities.
(2) (.'pon ~orr~pletion r;r PTzOJECT, CUPERTINO Shall rei;nl.,iarse SUNNYVf1i,F,
fifty percen± t;~U~?i°1 of the expense of preparation of pi..ns iincj spr~cifcd*.;ons,
constn~.ction e?~gine;ering, construction ~•osts and necessary trai'fi:, si~zal
equipment purchase required to complete theA PROJEC'T'.
(3) Upon completion of PROJECT, CUPERTINO shall take sole responsibility
far all cysts of maintenance and operation of the traffic control signal
system and safety lighting for the traffic control signal system at the
intersection of HOMESTEAD ROAD and BLUE JAY DRIVE.
SECTION iii
IT IS MUTUALLY AGREED AS FOLLOWS•
(1) SUNNYVALE shall not approve a contract for the construction of PROJECT
until after receipt of CUPERTINO'S approval of the plans, specifications and
estimates required in SECTIONS I and II, above.
(2) 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 CiIPERTl:NO under or in connection with any
work, authority, or jurisdiction delegated to CUPERTINO under this
Agreement. It is also agreed that, F~ursuant to Government Code Section
895.4, CUPERTINO shall fully indernnify and hold SUNNYVALE harmless
Page 2 of 4
Ocausers\Common\Agreements\Cupertino Cost Sharing
from any liability imposed for injury (as defined by Government Code
Section 810.8) occurring by reasons of anything done or omitted to be done
by CUPERTINO under or in connection with any work, authority or
jurisdiction delegated to CUPERTII\f O under this Agreement.
(3) 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 SUNNY'VALE under or in connection with any
work, authority or jurisdiction ~~elegated to SUNNYVALE under this
Agreement. It is also agreed that, pursuant to ('government Code Section
895.4, SUNNYVALE shall fully indemnify and hold C[JPERTINO harmless
from any liability imposed fo;- i~iiurv (as defined by Government Code
Secticm 810.8} occurring by reasons of anything done or omitted to be Gone
by SUNNYVALE under or in Lonnection with any work, authority or
jurisdiction delegated to SUNI/TYVAI,E under this Agreement.
(4) Should any portion of PROJECT be financed with Federal funds or State
Gas Tax funds all applicable procedure and policies relating to the use of
such funds shall apply notwithstarn:.ling other provisions of this Agreement.
(5) In. the construction of the work, StJNNYVAI,E will furnish a repr~eseritarive
to pe?-fornt rho tisua] junctions of a. Resident Engineor•_ Ct~PERTINO may,
at no cost to S UNN~'~,'r? LE . furnish ~~ representative, if th °y se desire. Th e
representative and Resident Engineer will cooperate and consult w~~i.h ,each
other, but the orders c,f SL'~]Ny'VALE'S engineer shall hz final.
(6) If existing public and private utilities conflict with the construction :~f
PROJECT, SUNNYVALE and C_'tJPERTINO will make all necessary
arrangements with the owners of such utilities for their removal or
relocation. Encroachment permits will be issued by either SUNNYVALE or
CUPERTINU, depending upon the location of the utility for which removal is
required by the PRUJECT. Al] p~~ivate utilities and public utilities not
o:~rr~ed }:y eit~Yer SUNi 1YVALE c„ ~tJPERTI~'~~iu, si7ai] b:; required to remove
or relocate at their own cost. The cost of removing or relocating public
utilities owned by eitYier SUNNY`JALE or CUPERTINO shall be shared
equally by the two cities.
(7) CUPERTINO hereby grants to SUNI\IYVALE and its agents and contractors
all necessary authority to perform within the boundaries of CUPERTINO
any and all work required to perform the terms of this Agreement, and
agrees to provide such docurnentati~~n as may be required by CUPERTINO
to confirm such authority.
(8) The parties agree that this Agreement shall supercede and amend Section
II(2) of the May 1991 Agreement between SUNNYVALE and CUPERTINO for
the traffic control signal system an~~ safety lighting at the intersection of
Page 3 of 4
Ocausers\Common\Agreements\Cupertino Cost Shanng
HOMESTEAD ROAD and BLUE JAY DRIVE, which required SUNNYVALE
to pay half the cost of maintainin;_
system and safety lighting at that
entirely by CUPERTINO as detailed
CITY OF CUPEI3,TIN0
~~~ ,
~~ ,~, ~~~
By. ------_-°. .~.. ,..
"~~~ Mayon
Attest: ~/~
Ci Clerk
.APPROVED AS TO FORM:
City Attorney
and operating the traffic control signal
intersection. Such costs shall be borne
herein.
CITY OF SUNNYVALE
By: _
City Manager
Attest: c~t.~ !~
J City Clerk
APPROVED AS TO FORM:
~ ~~~
Ci ~ ,'attorney
Page 4 of 4
Ocausers\Common\Agreements\Cupertino Cost Sharing