84-064 City of Sunnyvale; Modification of the Traffic Control System and Safety Lighting at Homestead Rd and Mary Avenue, Resolution #6395 AGREEMENT
THIS AGREEMENT, ENTERED INTO ON XI Yit/ // , 1984 IS BETWEEN
CITY OF SUNNYVALE,
A body politic and a municipal corporation
of the State of California referred to herein
as "SUNNYVALE"
AND
CITY OF CUPERTINO,
A body politic and a municipal corporation
of the State of California, referred to
herein as "CUPERTINO"
RECITALS
(I) SUNNYVALE and CUPERTINO contemplate modification of the traffic control
signal system and safety lighting at the intersection of Homestead Road and Mary Avenue,
referred to herein as "PROJECT", and desire to specify the terms and conditions under
which such systems are to be installed and financed.
SECTION I
SUNNYVALE AGREES:
(I) To provide plans and specifications and all necessary construction engineering
services for the PROJECT and to bear all of the expense thereof.
(2) Prior to advertisement for construction of PROJECT, to submit said plans and
specifications to CUPERTINO for review and concurrence as to conformity to CUPERTINO'S
standards and/or existing facilities.
(3) To construct the PROJECT by contract in accordance with plans and specifications
of SUNNYVALE.
(4) To pay an amount equal to fifty percent (50%) of construction costs of the traffic
signal modification and safety lighting, but in no event shall SUNNYVALE'S total obligation
for construction costs and necessary traffic signal equipment purchase under this Agreement
exceed the amount of $66,000.00, provided that SUNNYVALE may, at its sole discretion,
in writing authorize a greater amount.
SECTION II
CUPERTINO AGREES:
(I) To deposit with SUNNYVALE at the time of award of a construction contract
for PROJECT, the amount of $60,000.00, which figure represents CUPERTINO'S estimated
share of the construction costs and necessary traffic signal equipment purchase required to
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SECTION II Continued
complete PROJECT. In no event shall CUPERTINO'S total obligation for said costs including
costs provided for in Section III (9) under this Agreement exceed the amount of $66,000.00;
provided that CUPERTINO may, at its sole discretion, in writing, authorize a greater amount.
(2) CUPERTINO'S share of the construction costs (estimated to be $60,000.00) shall
be an amount equal to fifty percent (50%) of the actual costs of the traffic signal modification
plus safety lighting as determined after completion of work and upon final accounting of costs.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) SUNNYVALE shall not award a contract for the work until after receipt of
CUPERTINO'S deposit required in Section II (1).
(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
CUPERTINO under or in connection with any work, authority or jurisdiction delegated to
CUPERTINO under this Agreement. It is also agreed that, pursuant to Government Code
Section 895.A, 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 delegated to CUPERTINO under this Agreement.
(3) Neither CUPERTINO 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
SUNNYVALE under or in connection with any work, authority or jurisdiction not delegated
to CUPERTINO 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 Codes 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 not delegated to CUPERTINO 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
nothwithstanding other provisions of this Agreement.
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SECTION III Continued
(5) If upon completion of the PROJECT and final accounting, it is found the amount
deposited by CUPERTINO is in excess of the cost of the work plus contingency items, the
balance remaining shall be promptly refunded by SUNNYVALE to CUPERTINO. If however,
the cost of the" work exceeds the amount deposited by CUPERTINO, CUPERTINO will
promptly, upon receipt of claims therefor, pay its respective portion of the amount of said
excess to SUNNYVALE.
(6) After opening bids for the PROJECT and if bids indicate a cost overrun of no
more than ten percent (10%) of the estimated $120,000.00, SUNNYVALE may award the
contract.
(7) If, upon opening of bids, it is found that a cost overrun exceeding ten percent
(10%) of the estimate will occur, SUNNYVALE and CUPERTINO shall endeavor to agree
upon an alternative course of action, such as proportional increases in the financing by
each party. SUNNYVALE shall not be obligated to award the contract unless such agreement
is reached. Notwithstanding any such overrun, SUNNYVALE may award the contract, without
consent of CUPERTINO, if SUNNYVALE agrees to assume financial responsibility for the
overrun.
(8) In the construction of said work, SUNNYVALE will furnish a representative to
perform the usual functions of a Resident Engineer; CUPERTINO may, at no cost to
SUNNYVALE, furnish a representative, if it so desires; and said representative and Resident
Engineer will cooperate and consult with each other, but the orders of SUNNYVALE'S
engineer shall be final.
(9) If existing public and private utilities conflict with the construction of the
PROJECT, SUNNYVALE will make all necessary arrangements with the owners of such
utilities for their removal or relocation. SUNNYVALE will inspect the removal or relocation
of such utilities. If there are no existing provisions for removal or relocation of utilities
between CUPERTINO and SUNNYVALE and the owners of the utilities, SUNNYVALE and
CUPERTINO will share the cost of any removal or relocation in the amount of fifty percent
(50%) SUNNYVALE and fifty percent (50%) CUPERTINO.
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SECTION III Continued
• (10) CUPERTINO hereby grants to SUNNYVALE 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 documentation
as may be required to confirm such authority.
CITY OF SUNNYVALE CITY OF CUPERTINO
By: 4rx B By:
yor pindet
_Attest: &Wel gala Attest: t4 a
Deputy City Clerk City Cler r
Approved as to Form and Procedures: Approved as to Form and Procedures:an
,CY1/11.041
ItGA-City Attorney :Efrty Attorney
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