82-015 City of Sunnyvale and City of Cupertino; Traffic Signal System and Highway Safety Lighting at Homestead Rd and Maxine DriveRESOLUTION NO. 5869
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND THE CITY OF SUNNYVALE RELATING TO THE
INSTALLATION OF TRAFFIC SIGNAL SYSTEM AND HIGHWAY SAFETY
LIGHTING AT THE INTERSECTION OF HOMESTEAD ROAD AND MAXINE
DRIVE
WHEREAS, the intersection of Homestead Road and Maxine Drive is not
presently signalized and is controlled by stop signs on Maxine Dr:tve; and
WHEREAS, traffic signal warrants for this intersection are now satisified;
and
WHEREAS, the City of Cupertino and the City of Sunnyvale do mutually desire
to cooperate and jointly participate in construction of the traffic signal system
and safety lighting and necessary street improvement; and
WHEREAS, an agreement has been presented to the City Council for the implementa-
tion of said joint project, and the terms and conditions of 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 17th day of May , 1982, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Gatto, Johnson, Plungy, Rogers
None
Sparks
None
/s/ Dorothy Cornelius
City Clerk
APPROVED:
/ s/ John Gatto
Mayor, City of Cupertino
Pro Tempore
DUPLICATE ORIGINAL
AGREEMENT
THIS AGREEMENT' ENTERED INTO ON . __ ?_.··7--.,F--~ ...::.."":2-'--$...:::::._· __ , 1982' rs. BETWEEN
CITY OF SUNNYVALE, .
AND
a body politic and a municipal corporation
of the State of California, referred to
herein as 11SUNNYVALE 11
CITY OF CUPERTINO,
a body politic and a municipal corporation
of the State of California, referred to
herein as "CUPERTINO".
RECITALS
(1) SUNNYVALE and CUPERTINO contemplate construction of the traffic
control signal system and safety lighting at the intersection of Homestead Road,
Maxine Drive and State Highway Route 85 Off Ramp, referred to herein as 11 PROJECT 11 ,
and desire to specify the terms and conditions under which such systems are to be
installed, financed and m~intained.
SECTION I
SUNNYVALE 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 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;
. 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 $50,000.00; provided that SUNNYVALE may, at its sole discretion, in writing,
authorize a greater amount.
SECTION I I
CUPERTINO AGREES: .
(l) To deposit with SUNNYVALE at the time of award of a construction
contract for PROJECT, the amount of. $50,000.00, which figure represents CUPERTINO's
est·imated share of the expense of preparation of plans and specifications,
construction engineering, construction costs, and necessary traffic signal equip-
ment purchase required to complete PROJECT. In no event shall CUPERTINO's total
obligation for said costs including costs provided for in Section III (10) under
this agreement exceed the amount of $55,000.00; 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
$50,000.00) shall be an amount equal to fifty percent (50%) of the actual costs,
as determined after completion of work and upon final accounting of costs.
SECTION I II
IT IS MUTUALLY AGREED AS FOLLOWS:
(l) 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
of jurisdiction delegated to CUPERTINO under this Agreement. It is also agreed
that, pursuant to Government Code Sec ti on 895. 4, CUPERTINO sh'al 1 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 omi~ted
to be done by CUPERTINO under or in connection with any work authority or juris-
diction delegated to CUPERTINO under this Agreement.
-2-
(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, pur~uant
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 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 notwithstanding other provisions of this Agreement.
(5) If upon completion of the PROJECT and final accounting, it is found
the amounts deposited by CUPERTINO are in excess of the cost of the work plus
contingency items, expense of preparation of plans and specifications, construction
engineering, administration and overhead costs, the balance remaining shall be
promptly refunded by SUNNYVALE to CUPERTINO. If however, the cost o{ the work
exceeds the amounts deposited by CUPERTINO, CUPERTINO will promptly, upon receipt
of claims therefor, pay their respective portion of the amount of said excess to
SUNNYVALE.
(6) After opening bids for the PROJECT and if bids indicate a cost over-
run of no more than ten percent (10%) of the estimate ($100,000), 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 con-
tract unless such agreement is reached. Notwithstanding any such overrun,
-3-
SUNNYVALE may award t~e 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 represen-
tative to perform the usual functions of a Reside~t Engineer; CUPERTINO may, at no
cost to SUNNYVALE, furnish a representative, if they so desire; and said represen-
tatives and Resident Engineer will cooperate and consult with each other, but the
orders of SUNNYVALE 1s engineer shall be final.
(9) Upon -completion of all work under the Agreement, ownership and title
to all materials, equipment and appurtenances installed will be vested in the State
and no further agreement will be necessary to transfer ownership to the State.
(10) If existing public and private utilities conflict with the construc-
tion 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 ~ercent {50%)
CUPERTINO.
(11) 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
&M_ W.A-1 ~u
City Clerk
-4---·~···~
CITY OF CUPERTINO
APPROVED AS TO FORM~ PROCEDURE:
~~ c ilt)IAttOrTleY
-5-