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84-036 Santa Clara Co. Transit District cost sharing for pavement repair at Miller and Stevens Creek Reso 6183AGREEMENT BETWEEN THE SANTA CLARA COUNTY TRANSIT DISTRICT AND THE CITY OF CUPERTINO This is an agreement by and between the Santa Clara County Transit District, hereinafter called the "District", and the City of Cupertino, CA. hereinafter called the "City". RECITALS Whereas, the City and District wish to improve the bus stop on Miller Avenue, and Stevens Creek, referred to hereinafter as the "Project"; and Whereas, The Project will rest on City right-of-way; and Whereas, the District wishes to construct the Project and the City desires to share equally in the construction costs of the Project, Now, therefore, City and District hereby agree as follows: 1. Scope of Project The scope of the Project consists of the improvements of street pavement sections on Miller Avenue in the southbound direction, farside Stevens Creek Boulevard. The improved sections amount to approximately 62 feet in length by 10 feet in width including 77 linear feet of curb and gutter and 390 square feet of sidewalk. 2. Preparation of Plans, Specifications and Estimates District shall proceed to prepare plans, specifications and estimates for the construction of the Project and shall submit a copy of said plans, specificatons and estimate to the City for its approval thereof. Upon approval by both parties, District shall award and supervise the contract to completion. 3. Construction Cost As used in this agreement, the term "Construction Cost" shall mean the cost of any and all Project work authorized by the District. 4. City Participation Upon completion of the Project and submission of a final bill to the City by the District, the City will reimburse the District for one—half of the construction cost; said reimbursement not to exceed $5000. 5. Indemnification It is agreed that District shall fully indemnify, defend and hold harmless the City and its officers, agents and employees from any liability for injury to persons or property caused by the negligence or willful misconduct of District or its agents or employees in the performance of the work specified hereunder. It is further agreed that City shall fully indemnify, defend and hold harmless District and its officers, agents and employees from any liability for injury to persons or property caused by the negligence or willful misconduct of City or its agents or employees in the performance of the work specified hereunder. -2- IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of DEC 1 31983 , SANTA CLAI,�A COUNTY TRANSIT DISTRICT BY Susanne Wilson, Chairperson, ATTEST: DONALD M. RAINS, Clerk Board of Supervi ors and Xex offic o Secret ry o� .. _- Date: V E C 1 31983 Transit District Board of Supervisors CITY OF CUPERTINO BY Nuayor, ty of Cuper i o Date: DFr 1 q 1,983 APPROVED AS TO FORM AND LEGALITY: Donald J. Baker Deputy County Counsel Date: -3- City Clerk' Approved as to form: City Attorney RESOLUTION 140. 6183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE SANTA CLARA COUNTY TRANSIT DISTRICT AND THE CITY OF CUPERTINO FOR COST SHARING FOR REPAIR OF PAVEMENT ADJACENT TO BUS STOP AT MILLER AVENUE AND STEVENS CREEK BOULEVARD WHEREAS, there has been presented to the City Council a proposed agreement by and between the City of Cupertino and the Santa Clara County Transit District providing for the improvement of the bus stop on Miller Avenue and Stevens Creek Boulevard, which project rests on City right-of-way; and WHEREAS, the District wishes to construct the project and the City desires to share equally in the construction costs of the project; and WHEREAS, the terms and provisions of the proposed agreement have 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 herein referred to agreement 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 October, 1983 by the following vote: Vote [!embers of the City Council AYES: Gatto, Johnson, Rogers, Sparks, Plungy NOES: None ABSENT: Noi.e ABSTAIN: None ATTEST: /s/ Dorothy Cornelius City Clerk APPROVED: /s/ John J. Plungy, Jr. Mayor, City of Cupertino TI -41S IS TO CER -1 1F:' T}11=:i %A+ITHIN INSTRUMENT IS ATPLE AI1JL; CORRECTCOPY OF THE ORIGINAL ON FIL E IN THIS OFFICE: ATTEST C=THE CITY ❑ PER IND Sy C1 CLERK