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84-037 City of Sunnyvale modification of traffic control, safety lighting, and widening Rd Reso 6294AGREEMENT THIS AGREEMENT, ENTERED INTO ON / 1984 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 (1) SUNNYVALE and CUPERTINO contemplate modification of the traffic control signal system and safety lighting and widening of the southbound approach at the intersection of Homestead Road- Wolfe Road, 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 advertisement 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. (3) To construct -the PROJECT by contract in accordance with plans and specifications of CUPERTINO. (4) To pay an amount equal to fifty percent (50%) of construction costs of the traffic signal modification and all of the costs of construction improvements at the southwest corner of the intersection, but in no event shall CUPERTINO'S total obligation for construction costs and necessary traffic signal equipment purchase under this Agreement exceed the amount of $44,000.00, provided that CUPERTINO may, at its sole discretion, in writing authorize a greater amount. 1 CF('TTnNT TT SUNNYVALE AGREES: (1) To deposit with CUPERTINO at the time of award of a construction contract for PROJECT, the amount of $59,000.00, which figure represents SUNNYVALE'S estimated share of the construction costs and necessary traffic signal equipment purchase required to complete PROJECT. In no event shall SUNNYVALE'S total obligation for said costs including costs provided for in Section III (9) under this Agreement exceed the amount of $64,900.00; provided that SUNNYVALE may, at its sole discretion, in writing, authorize a greater amount. (2) SUNNYVALE'S share of the construction costs (estimated to be $59,000.00) shall be an amount equal to fifty percent (50%) of the actual costs of the traffic signal modification plus the construction of the widening of the southbound approach of Wolfe Road as determined after completion of work and upon final accounting of costs. CFrTTnNT TTT IT IS MUTUALLY AGREED AS FOLLOWS: (1) CUPERTINO shall not award a contract for the work until after receipt of SUNNYVALE'S deposit required in Section II (1). (2) Neither CUPERTINO 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 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.A, 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. (3) Neither SUNNYVALE nor any officer of employee thereof, is 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 or jurisdiction not delegated to SUNNYVALE under this Agreement. It is also agreed that, pursuant to Government Code Section 895.A, 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 2 SECTION III Continued 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) If upon completion of the PROJECT and final accounting, it is found the amount deposited by SUNNYVALE is in excess of the cost of the work plus contingency items, the balance remaining shall be promptly refunded by CUPERTINO to SUNNYVALE. If however, the cost of the work exceeds the amount deposited by SUNNYVALE, SUNNYVALE will promptly, upon receipt of claims therefor, pay its respective portion of the amount of said excess to CUPERTINO. (6) After opening bids for the PROJECT and if bids indicate a cost overrun of no -more, than ten percent (10%) of the estimated $103,000.00, CUPERTINO 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, CUPERTINO and SUNNYVALE shall endeavor to agree upon an alternative 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 SUNNYVALE, if CUPERTINO agrees to assume financial responsibility for the overrun. (8) 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 represen- tative and Resident Engineer will cooperate and consult with each other, but the orders of CUPERTINO'S engineer shall be final. (9) 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 SUNNYVALE and CUPERTINO and the owners 3 SECTION III continued of the utilities, CUPERTINO and SUNNYVALE will share the cost of any removal or relocation in the amount of fifty percent (50%) CUPERTINO and fifty percent (50%) SUNNYVALE. (10) 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 May r Attest: City_ Clerk CITY OF SUNNYVALE Mayor Attest: ut4t akx) - e —4- " City lerk " y APPROVED AS TO FORM A D ROCEDURES: APPROVED AS;TO FORM AND PROCEDURES: ' I f� City City Attorneyk RESOLUTION NO. 6294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT WITH THE CITY OF SUNNYVALE PROVID;_NC- r'Oti THE MODIFICATION OF TRAFFIC CONTROL SIGNAL SYSTEM AND SAFETY LIGHTING AND WIDENING OF THE SOUTHBOUND APPROACH AT HOMESTEAD ROAD AND WOLFE ROAD WHEREAS, the City of Cupertino and the City of Sunnyvale contemplate modification of the traffic control signal system and safety lighting and widening of the southbound approach at the intersection of Homestead Road and Wolfe Road; 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 13th day of March 1984, by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy NOES: None ABSENT: Rogers, Sparks THIS IS TO CERTIFY THAT THE WITHIN INSTRUMENT CORRECT C13PY OF THE4ORir-ILISTRILEUE DIN THIIS ❑FFIICE. ABSTAIN: Toone19�ATTECITY CITYERTI ❑ATTEST: APPROVED:BYLERK /s/ Dorothy Cornelius /s/ John T. Plungy, Jr. City Clerk Mayor, City of Cupertino