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89-117a Traffic Signal Install Share cost with City of Los Altos for Foothill Blvd. Cristo Rey/ Starling Resolution #7856Citiq of Cuperti»o 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 DEPARTMENT OF THE CITY CLERK June 26, 1989 Bruce Bane, Director of Public Works City of Los Altos One North San Antonio Road Los Altos, CA 94022 P.O. Box 580 Cupertino, California 95015 AGREEMENT BEIWEEN THE CITY OF CUPERTINO AND CITY OF LOS ALTOS - SIGNALIZATION OF FOOTHIU4/CRISTO REy/STARLING We are enclosing to you for your files one (1) copy of the Agreement by and between the City of Cupertino and the City of Los Altos, which has been fully executed by City Officials, along with one (1) copy of Resolution No. 7856, which was enacted by the City Council of the City of Cupertino, at their regular meeting of Monday, June 19, 1989. Sincerely, DOROHY CORNELIUS CITY CLERK CITY OF LINO DC/so encl. cc: Department of Public Works RESOLUrICN NO. 7856 '1�. • •; • i 1 N •• MV • i I N • • • fly � '• VOID�I:m JUL WMWZ, the City of Cupertino and the City of Los Altos contemplate installation of the traffic control signal system and safety lighting at the intersection of Foothill Boulevard and Cristo Rey/Starling Drive: and WHEREAS, a pied agreement has been presented to the City Council outlining the terms and conditions of administering said project, and said a trney� been approved by the Director of Public Works and the NOW, THEREFCIM, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute the agreement therein 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 19th day of June , 1989, by the follawing vote: Vote Members of the City cm=il AYES: Gatto, Johnson, Koppel, Rogers, Plungy NOES: None ABSENT: None ABSTAIN: None /s/ Roberta A. Wolfe Deputy City Clerk /s/ John J. Plungy, Jr. Mayor, City of Cupertino AGREEMENT THIS AGREEMENT, ENTERED INTO ON n". 1989, IS BETWEEN CITY OF CUPERTINO, a body politic and a municipal corporation of the State of California, referred to herein as "CUPERTINO". CITY OF LOS ALTOS, a body politic and a municipal corporation of the State of California, referred to herein as "LOS ALTOS". RECITALS (1) CUPERTINO and LOS ALTOS contemplate construction of the traffic control signal system and safety lighting at the intersection of FOOTHILL BOULEVARD, CRISTO REY DRIVE and STARLING 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. (2) A developer will bear fifty percent(50%) of the expense of preparation of plans and specifications, construction engineering, construction costs and necessary traffic signal equipment purchase required to complete the PROJECT and contribute Twenty Thousand Dollars($20,000.00), which sum includes Standards, Steel Pedestals and Posts as outlined in the Project Specifications, at no expense to CUPERTINO, LOS ALTOS or the County of Santa Clara. CUPERTINO, LOS ALTOS and the County of Santa Clara will share the portion of expense not paid by the developer. 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 LOS ALTOS for review and concurrence as to conformity to LOS ALTOS' standards and/or existing facilities. Page 1 of 4 (3) To construct the PROJECT by contract in accordance with the plans and specifications of CUPERTINO. (4) To pay an amount equal to twenty-five percent (25%) of the portion of the expense of preparation of plans and specifications, construction engineering, construction costs and necessary traffic signal equipment purchase required to complete the PROJECT that is not paid by the developer. In no event shall CUPERTINO'S total obligation for construction costs and necessary traffic.signal equipment purchase under this Agreement exceed the amount of nine thousand five hundred dollars($9,500.00), provided that CUPERTINO may, at its sole discretion, in writing, authorize a greater amount. (5) To operate and maintain said PROJECT upon completion. LOS ALTOS shall reimburse CUPERTINO for LOS ALTOS' 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. SECTION II LOS ALTOS AGREES: (1) To pay CUPERTINO within thirty(30) days of receipt of billing therefor (which billing will be forwarded after July 3, 1989) an amount equal to fifty percent(50%) of the final construction costs not paid by the developer or nineteen thousand dollars ($19,000.00), whichever is less, excluding any and all charges for interest thereon. An example of the schedule is shown below as Exhibit A and incorporated herein by this reference. In no event shall LOS ALTOS' total obligation for said costs including costs provided for in Section III(7) under this Agreement exceed the amount of nineteen thousand dollars ($19,000.00); provided that LOS ALTOS may, at its sole discretion, in writing, authorize a greater amount. (2) CUPERTINO shall operate and maintain said PROJECT upon completion. LOS ALTOS 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 of 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. Page 2 of 4 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 LOS ALTOS under or in connection with any work, authority or jurisdiction delegated to LOS ALTOS under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, LOS ALTOS 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 LOS ALTOS under or in connection with any work authority or jurisdiction delegated to LOS ALTOS under this Agreement. (2) Neither LOS ALTOS 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 LOS ALTOS under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, CUPERTINO shall fully indemnify and hold LOS ALTOS 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 LOS ALTOS 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 and if bids indicate a cost overrun of no more than ten percent(10%) of the estimated cost ($65,000.00), CUPERTINO may award the contract. (5) If, upon opening of bids, it is found that a cost overrun exceeding ten percent(10%) of the estimate will occur, CUPERTINO and LOS ALTOS shall endeavor to agree upon an alternate course of action, such as proportional increases in the financing by each party. 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 LOS ALTOS, 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. LOS ALTOS 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. Page 3 of 4 (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 LOS ALTOS, CUPERTINO and the owners of the utilities, CUPERTINO and LOS ALTOS will share the cost of any removal or relocation in the proportion described above in Section I, paragraph 4 and Section II, paragraph 2. (8) LOS ALTOS hereby grants to CUPERTINO and its agents and contractors all necessary authority to perform within the boundaries of LOS ALTOS any and all work required to perform the terms of this Agreement, and agrees to provide such documentation as may be required by LOS ALTOS to confirm such authority. (9) This Agreement shall terminate on June 30, 1989, if CUPERTINO has not awarded the contract for construction of the PROJECT prior to that date. This Agreement shall terminate upon reciept of LOS ALTOS' reimbursement as specified in Section II. CITY OF CUPERTINO By: a or Attest: City Olerk D AS TO FORM AND RE: A CITY OF LO ALTOS By: Attest: City Clerk APPROVED AS TO FORM AND PROCEDURE: City Attorney City Attorney EXHIBIT A (EXAMPLE OF PAYMENT SCHEDULE) CUPERTINO bid opening date CUPERTINO award of Contract for Project CUPERTINO'S bill to LOS ALTOS LOS ALTOS' repayment (due within 30 days) Page 4 of 4 March 16, 1989 March 20, 1989 July 3, 1989 August 3, 1989