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87-026 City of Sunnyvale, Modification of Traffi Signal Control Homestead Rd and Mary .-%e.r. ON of Cupertino • 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 • AGREEMENT //// _ 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 • 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. • SECTION III (Continued) t + (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.