CC Resolution No. 00-274RESOLUTION NO. 00-274
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A GENERAL FUND APPROPRIATION FOR
AUGMENTATION AND RECONCILIATION OF THE MEMORIAL PARK
RESTROOM PROJECT ACCOUNT
RESOLVED by the City Council of the City of Cupertino, Califomia, that an
appropriation in the amount of $30,000 is necessary for augmentation and reconciliation of the
Memorial Park Restroom Project Account; and
BE IT FURTHER RESOLVED that an appropriation from the General Fund is hereby
approved for transfer to Memorial Park Restroom Project, Account No. 420-9114-9300.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of November, 2000, by the following vote:
Vote
Members of the City Council
AYE S:
NOES:
ABSENT:
ABSTAIN:
Bumett, Chang, James, Lowenthal, Statton
None
None
None
ATTEST:
City Clerk
Mayor, City of Cupertino
TRAFFIC SIGNAL CONTROL AND
COST SHARING AGREEMENT
THIS AGREEMENT, for convenience dated ,2000, is
entered into by and between the CITY OF SUNNYVALE, a municipal corporation,
referred to herein as "SUNNYVALE," and the CITY OF CUPERTINO, a municipal
corporation, referred to herein as "CUPERTINO."
RECITALS
WHEREAS, SUNNYVALE and CUPERTINO contemplate construction of the
traffic control signal system and safety lighting at. the intersection of
HOMESTEAD ROAD and BELLEVILLE WAY and BARANACA 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.
WHEREAS, SUNNYVALE and CUPERTINO have entered into a cost sharing
agreement on May 1991 regarding the traffic control signal system and safety
lighting at the intersection of HOMESTEAD ROAD and BLUE JAY DRIVE, which
Agreement provided by Section II(2) (a copy of which is attached as Exhibit A} for
SUNNYVALE to reimburse CUPERTINO Ior fifty percent (50%) of the maintenance
and operating costs of that traffic signal system axed safety lighting.
WHEREAS, this new Agreement provides for CUPERTINO to take primary
responsibility for the traffic control signal system at HOMES2rEAD ROAD and
BLUE JAY DRIVE as described herein, and for SUNNYVALE to take primary
responsibility for the traffic control system at the intersection of HOMESTEAD
ROAD and BELLEVILLE WAY and BARANCA DRIVE as described herein.
SECTION I
SUNNYVALE 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 plans,
specifications and estimates to CUPERTINO for review and concurrence as
to conformity to CUPERTINO'S standards and/or existing facilities.
(3)
To provide for the construction of PROJECT by contract in accordance with
the plans, specifications and estimates of SUNNYVALE.
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(4)
($)
To provide an amount equal to one hundred percent (100%) of the expense
of preparation of plans, specifications and estimates, construction
engineering, construction costs and necessary traffic signal equipment
purchase required to complete the PROdECT, subject to the partial
reimbursement by CUPERTINO as set forth below.
To operate and maintain the PROJECT upon completion. SUNNYVALE
shall pay for all costs of maintenance and operation of the traffic control
signal system and safety lighting.
CUPERTINO AGREES:
SECTION II
(2)
(3)
Prior to award of contract for construction of PROJECT, CUPERTINO shall
review the plans~ specifications and estimates tor conformity to
CUPERTINO'S standards and/or existing facilities.
Upon completion of PROJECT, CUPERTINO shall reimburse SUNNYVALE
fifty percent (50%) of the expense of preparation of plans and specifications,
construction engineer/ng, construction costs and necessary traffic signal
equipment purchase required to complete the PROJECT.
Upon completion of PROJECT, CUPERTINO shall take sole responsibility
for all costs of maintenance and operation of the traffic control signal
system and safety lighting for the traffic control signal system at the
intersection of HOMESTEAD ROAD and BLUE JAY DRIVE.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
SUNNYVALE shall not approve a contract for the construction of PROJECT
until after receipt of CUPERTINO'S approval of the plans, specifications and
estimates required in SECTIONS I and II, above.
(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, or jurisdiction delegated to CUPERTINO under this
Agreement. It is also agreed that, pursuant to Government Code Section
895.4, CUPERTINO shall fully indemnify and hold SUNNYVALE harmless
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(3)
(s)
from any liability imposed for injury (as defined by Government Code
Section 810.8) occurring by reasons of anything done or omitted to be done
by CUPERTINO under or in connection with any work, authority or
jurisdiction delegated to CUPERTINO under this Agreement.
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
895.4, SUNNYVALE shall fully indemnify and hold CUPERTINO harmless
from any liability imposed for injury (as defined by Government Code
Section 810.8) occurring by reasons 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.
Should any portion of PROJECT be financed with Federal funds or State
Gas Tax funds all applicable procedure and policies relating to the use of
such funds shall apply notwithstanding other provisions of this Agreement.
In the construction of the work, SUNNYVALE will furnish a representative
to perform the usual functions of a Resident Engineer. CUPERTINO may,
at no cost to SUNNYVALE. furnish a representative, if they so desire. The
representative and Resident Engineer will cooperate and consult with each
other, but the orders of SUNNYVALE'S engineer shall be final.
(6)
If existing public and private ntilities conflict with the construction of
PROJECT, SUNNYVALE and CUPERTINO will make all necessary
arrangements with the owners of such utilities for their removal or
relocation. Encroachment permits will be issued by either SUNNYVALE or
CUPERTINO, depending upon the location of the utility for which removal is
required by the PROJECT. All private utilities and public utilities not
owned by either SUNNYVALE or CUPERTINO, shall be required to remove
or relocate at their own cost. The cost of removing or relocating public
utilities owned by either SUNNYVALE or CUPERTINO shall be shared
equally by the two cities.
(7)
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 by CUPERTINO
to confirm such authority.
(8)
The parties agree that this Agreement shall supercede and amend Section
II{2} of the May 1991 Agreement between SUNNYVALE and CUPERTINO for
the traffic control signal system and safety lighting at the intersection of
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HOMESTEAD ROAD and BLUE JAY DRIVE, which required SUNNYVALE
to pay half the cost of maintaining and operating the traffic control signal
system and safety lighting at that intersection. Such costs shall be borne
entirely by CUPERTINO as detailed herein.
CITY OF CUPERTINO
CITY OF SUNNYVALE
By-
Byl
Mayor City Manager
Attest:
Attest:
City CIerk City Clerk
APPROVED AS TO FORM:
APPROVED AS TO FORM:
City Attorney
City Attorney
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