87-026 City of Sunnyvale, Modification of Traffi Signal Control Homestead Rd and Mary .-%e.r. ON of Cupertino
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10300 Torre Avenue P.O. Box 580
Cupertino, California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
DEPARTMENT OF TH E CITY CLERK
June 3, 1987
City of Sunnyvale
Attention: Bob Temmermand
P. 0. Box 60607
Sunnyvale, CA 94088
• COOPERATIVE AGREEMENT - MODIFICATION OF TRAFFIC SIGNAL CONTROL
HOMESTEAD ROAD AND MARY AVENUE
Dear Mr. Temmermand:
We are enclosing to you for signature by your City Officials three (3)
copies of the Agreement by and between the City of Sunnyvale and the
City of Cupertino, along with three (3) copies of Resolution No. 7189,
which was enacted by the City Council of the City of Cupertino. These
copies have been fully_executed by City of Cupertino Officials.
After completion would you please send back to this Office the copy
that says "Return to the City of Cupertino", you may keep for your
files the certified copies.
If you have any questions, please do not hesitate to call this Office.
Sincere
f
DOR HY CORN' IUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
RETURN TO CITY
OF CUPERTINO RECEIVED
10300 TORRE AVE.
CUPERTIIVO, CA 95014 SEM CR
NO. 7189 JUL 14 798/
SEMCITU NAL PUBLIC WORKS
10430 S. DeAnza ®IVdt
Cupertino, CA 95014A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT WITH THE CITY OF SUNNYVALE
PROVIDING FOR THE MODIFICATION OF TRAFFIC CONTROL SIGNAL
SYSTEM AND SAFETY LIGHTING AT HOMESTEAD ROAD AND MARY AVENUE.
WHEREAS, the City of Cupertino and the City of Sunnyvale contemplate
modification of the traffic control signal system and safety lighting at the
intersection of Homestead Road and Mary Avenue; and
WHEREAS, a proposed agreement has been presented to the City Council
outlining the terms and conditions of administering said project, and 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 18th day of May, 1987 by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Rogers, Sparks
NOES: None
ABSENT: Plungy
ABSTAIN: None
ATTEST
/e/ Dorothy Cornelius /s/ W. Reed Sparks
City Clerk Mayor, City of Cupertino
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AGREEMENT
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THIS AGREEMENT, ENTERED INTO ON �L <•. 1987 IS BETWEEN
CITY OF SUNNYVALE,
A body politic and a municipal
corporation of the State of
California, referred to herein
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as "SUNNYVALE".
AND
CITY OF CUPERTINO
A body politic and a municipal
corporation of the State of
California, referred to herein
as "CUPERTINO".
RECITALS
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
CUPERTINO AGREES:
(1) 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 commencement of the bidding process 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.
1.
SECTION I (Continued)
(3) To construct the PROJECT by contract in accordance with plans and
specifications of CUPERTINO.
(4) To pay an amount equal to one hundred percent (100%) of construction
costs of the traffic signal modification.
SECTION II
SUNNYVALE AGREES:
Prior to construction of PROJECT, SUNNYVALE shall review the plans and
specifications for conformity to SUNNYVALE'S standards and/or existing
facilities.
• SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) CUPERTINO shall not commence construction of the work until after
receipt of SUNNYVALE'S approval of the plans and specifications required in
SECTION II.
(2) Neither CUPERTINO nor any officer or employee thereof shall be respon-
sible 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.
2.
SECTION III (Continued)
(3) Neither SUNNYVALE nor any officer or employee thereof is responsible
for any damage or liability occurring by reason of anything done or ommitted
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 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.
(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 it so desires; and said representative
and Resident Engineer will cooperate and consult with each other, 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 utilities between SUNNYVALE and CUPERTINO and the
owners of the utilities, CUPERTINO shall bear the cost of any removal or relo-
cation in the amount of One Hundred Percent (100%) .
3.
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SECTION III (Continued)
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(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 to confirm such authority.
CITY OF CUPERTINO CITY OF SUNNYVALE
EY: � t►i
Y:
� B 1i
Mayor Pr -Tempore
Attest: a, BL t . Attest: Unlit /441' 1 '
City Clerk ir City Clerk
APPROVED AS TO FORM AND PROCEDURES: APPROVED AS TO FORM AND PROCEDURES:
Gig ie)„,..1...e"a 5�
City Attorney Assistanti City Attorney —Ly-$
4.