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HomeMy WebLinkAbout93-024 California Dept. of Transportation 93-024 CALIFORNIA DEPT. OF TRANSPORTATION 1 of 2 STATE Of CALIFORNIA---BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Govern DEPARTMENT OF TRANSPORTATION WORKS BOX 23660 OAKLAND, CA 946234)660 JUN 1993 (510) 2864"4 TUO (5)0) 2864454 June 15, 1993 File: 4-SC1-280 9. 4/9. 5 4273-13276k De Anza Boulevard OC Dist. Agmt. No. 4-1401-C Mr. Bert Viskovich Director of Public Works City of Cupertino 10300 Torre Ave. P.O.Box 560 Cupertino, CA 95015 Dear Mr. Viskovich: Subject: Proposed Cooperative Agreement for Execution Enclosed are four (4) copies of a proposed Cooperative Agreement between the State and the City of Cupertino for widening the overcrossing structure on Route 280 at ire Anza Boulevard (Route 85) in Cupertino. Please have dares ;(3) . copies of the enclosed Agreement signed by the appropriate City officials and return these to us together with three (3) certified copies of a resolution adopted by the City approving the Agreement and authorizing its execution. After signature by the appropriate State officials, you will be furnished a fully executed copy of this Agreement for your files. ( 41e, Sincerely, f' N'✓ PRES`I'ON W. KELLEY District D' rectory B JA CUNNINGHAM, Acting Chief • C 1. ,r (((Tf Pro ect Development SC1-I Enclosure 1 ON of cupcirfl"o 10300 Torre.Avenue Cupertino,CA 95014-3255 Telephone: (41M)252.4505 I AX:(4081 252-0753 DEPART M[NT Of irlF,(-AiY CIA nZK July 12, 1993 Widening of Overcrossing Structure on Route 280 at De Anza Boulevard Dist. Agreement 4-1401-C Preston W. Kelley, District Director Department of Transportation State of California i. 0. Boa: 23660 Oakland, CA 94623-0660 Dear Mr. Preston: We are enclosing as requested four (4) copies of the Agreement by and between the City of Cupertino and the State of California, which has been fully executed by City Officials, along with three (3) certified copies of Resolution No. 8921, which was enacted by the City Council of the City of Cupertino, at their regular meeting of Tuesday, .July 6, 1993. After completion please send us a fully completed copy of the. Agreement. Thank you for your cooperation. Sincerely, ROBERTA A. WOLFE DEPUTY CITY CLERK CITY OF CUPERTINO RW/so encj.. cc: Department of Public Works B RESOU MON NO. 8921 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE EXECUTION OF COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF CUPERTINO PROVIDING FOR THE WIDENING OF OVERCROSSING STRUCTURE ON ROUTE 280 AT DEANZA BOULEVARD WHEREAS, there has been presented to the City Council a proposed egmement between the Sate of California, through its Department of Transportation, and the City of Cupertino providing for the DeAnza bridge widening at Route 28%and WHEREAS, the provisions, terms, and conditions of the aforementioned agreement have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves said agreement and authorizes the Mayor and tEe City Clerk to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of luis , 1993,by the following vote: Yg12 Members of the QU CwLed AYES: Dean, Goldman, Koppel, Sorensen, Szabo NOES: None ABSENT: None ABSTAIN: None APPROVED: Is/ Nick Szabo Mayor,City of Cupertino ATTEST: Isl Roberta A. Wolfe INSTRUMENTISA TRUE ANpCU"11CTC0, OF THE ORIGINAL ON FILE IN THIS OFFICE. City Cleric , Deputy ATTEST, CITY GL F T 6'ITZ' Qp C CLERKUPERTI,NO C—Y ITII G� g 4-SCl-280 9.4/9. 5 De Anza Boulevard OC 4273-13276K Dist. Agmt. No. 4-1401-C Document No. SOL-43- COOPERAT I VE AGREEMENT This AGREEMENT, entered into on is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF CUPERTINO, a body politic and a municipal ccrporation of the State of California, referred to herein as CITY. RECITAL (1) STATE and CITY, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within CITY. -,2) CITY desires State highway improvements consisting of widening the overcrossing structure on Route 280 at De Anza Boulevard (Route 85) , referred to herein as "PROJECT", and is willing to fund one hundred percent ( 100%) of all capital okitlay and staffing costs, except that costs of STATE' s oversight of en- vironmental, design and right of way activities may be borne by STATE. (3) This Agreement supersedes any prior Memorandum of Understanding (MOU) relating to PROJECT. -1- s District Agreement No. 4-1401-C (4) Construction of said PROJECT will be the subject of a separate future agreement. (S) The parties hereto intend to define herein the terms and conditions under which PROJECT is to be developed, de- signed, and financed. SECTION I CITY AGREES: ( 1) To fund one hundred percent (100%) of all prelimi- nary and design engineering costs, including, but not limited to, costs for preparation of contract documents and advertising and awarding the PROJECT construction contract. (2) To have a Project Report (PR) , Environmental Docu- ment (ED) , and detailed Plans, Specifications and Estimate (PS&E) prepared at no cost to STATE and to submit each to STATE for re- view and approval at appropriate stages of development. Project Report, final plans and standard special provisions shall be signed by a Civil Engineer registered in the State of California. (3) To permit STATE to monitor and participate in the selection of personnel who will prepare the PR, conduct environ- mental studies and obtain the environmental clearance, prepare the PS&E, provide the right of way engineering services, and per- form right of way activities. CITY agrees to consider any re- quest by STATE to discontinue the services of any personnel considered by STATE to be unqualified on the basis of creden- --2- District Agreement No. 4-1401-C tials, professional expertise, failure to perform in accordance with scope of work and/or ether pertinent criteria. (4) Personnel who prepare the PS&E shall be available to STATE, at no cost to STATE, through completion of construction of PROJECT to discuss problems which may arise during con- struction and/or to make design revisions for contract change or- ders. (5) Personnel who prepare right of way material shall be available to STATE, at no cost to STATE, during and after con- struction until completion and acceptance by STATE of Record Maps and Records of Surveys. (6) Not to use funds from any Federal-aid program for design or acquisition of rights of way for PROJECT. (7) To make written application to STATE for necessary encroachment permits authorizing entry onto STATE' s right of way to perform surveying and other investigative activities required for preparation of the PR, ED and/or PS&E. (8) To identify and locate all high and low risk under- ground facilities within the PROJECT area, and to protect or oth- erwise provide for such facilities, all in accordance with STATE' s "Manual on High _ and Low Risk Underground Facilities Within Highway Rights of Way" . CITY hereby acknowledges receipt of STATE's "Manual on High and Low Risk Underground Facilities Within Highway Rights of Way" (9) If any existing public and/or private utility fa- cilities conflict with PROJECT construction or violate STATE' s -3- District Agreement No. 4-1401-C encroachment policy, CITY shall make all necessary arrangements with the owners of such facilities for their protection, relo- cation or removal in accordance with STATE policy and procedure for those facilities located within the limits of work providing for the improvement to the State highway and in accordance with CITY policy for those facilities located outside of' the limits of work for the State highway. Total costs of such protection, re- location or removal shall be in accordance with STATE policy and procedure. ( 10) To furnish evidence to STATE, in a form acceptable. to STATE, that arrangements have been made for the protection, relocation, or removal of all conflicting facilities within STATE' s right of way and that such work will be completed prior to the award of the contract to construct PROJECT or as covered in the Special Provisions for said contract. This evidence shall include a reference to all required State highway encroachment permits. (11) CITY shall require the utility owner and/or its contractors performing any work within STATE' s right of way to obtain a STATE encroachment permit prior to the performance of said work. (12) To perform all right of way activities, including all eminent domain activities, if necessary, at no cost to STATE, in accordance with procedures acceptable to STATE, and in compli- ance with all applicable State and Federal laws and regulations, -4- District .Agreement No. 4-1401-C subject to STATE oversight to insure that the completed work is acceptable for incorporation into the State highway right of way. ( 13 ) To prepare Right of Way Engineering Hard Copies, Right of Way Appraisal Maps, Record of Surveys, and Right of Way Record Maps in accordance with the State of California Right of Way Procedural Handbook Volume 2 - Right of Way Engineering, the State of California Drafting and Plans Manual, the State of California Surveys Manual Chapter 10, applicable State laws, and other pertinent reference material and examples as provided by STATE. (14) To have all necessary Right of Way Maps and Docu- ments used to acquire right of way by CITY, prepared by or under the direction of a person authorized to practice land surveying in the State of California. Each Right of Way Map and Document shall bear the appropriate professional seal, certificate number, expiration date of registration certification and signature of the licensed person in 'Responsible Charge of Work01 . (15) To submit to STATE for review and acceptance all Right of Way Engineering Hard Copies and Right of Way Appraisal Maps with appurtenant back-up and reference data prior to prepa- ration of legal descriptions and acquisition documents. (16) To utilize the services of a qualified public agency as determined by the STATE deputy District Director of Right of Way in all right of way acquisition related matters in accordance with STATE procedures as contained in Right of Way Procedural Handbook, Volume 9. Whcnever personnel other than -5 District Agreement No. 4-1401-C personnel of a qualified public agency are utilized, adminis- tration of the personnel contract shall be performed by a quali- fied Right of Way person employed or retained by CITY. ( 17) To certify legal and physical control of right of way ready for construction, and that all rights of way were ac- quired in accordance with applicable State and Federal laws and regulations subject to review and concurrence by STATE prior to the advertisement for bids for construction of PROJECT. (18) To deliver to STATE legal title to the right of way, free and clear of all encumbrances detrimental to STATE' s present and future uses not later than the date of acceptance by STATE of maintenance and operation of the highway facility. Ac- ceptance of said ti -.le by STATE is subject to a :-eview of a Pol- icy of Title Insurance in STATE' s name to be proirided and paid for by CITY. (19) To ider:tify and locate all utility facilities within the PROJECT area as part of its PROJECT design responsi- bility. All utility facilities not relocated or removed in ad- vance of construction shall be identified on the PROJECT plans and specifications. (20) To be responsible, at CITY expense, :For the inves- tigation of potential hazardous waste sites outside of the exist- ing State highway right of way t.'Iat would impact PROJECT. (21) To be responsible, at no cost to STATE, for reme- diation of hazardous waste found on proposed State highway right of way to be acquired for PROJECT. -6- District Agreement No. 4-1401-C SECTION II STATE AGREES: ( 1) To provide, at no cost to CITY except as noted in Article (7) of Section III of this Agreement, oversight of PROJECT and to provide prompt reviews and approvals, as appropri- ate, of submittals by CITY, and to cooperate in timely pr- :essing of PROJECT. (2) To provide, at no cost to CITY except as noted in Article (7) of Section III of this Agreement, oversight of all right of way activities undertaken by CITY, or its designee, pur- suant to this Agreement. (3) To issue, at no cost to CITY, upon proper applica- tion by CITY, an encroachment permit to CITY authorizing entry onto STATE' s right of way to perform survey and other investi- gative activities required for preparation of the PR, ED and/or PS&E. If CITY uses consultants rather than its own staff to per- form required work, the consultants will also be required to ob- tain an encroachment permit. The permit will be issued at no cost upon proper application by the consultants. (4) To be responsible, at STATE expense, for the in- vestigation of potential hazardous waste sites within the exist- ing State highway right of way that would impact PROJECT. -7- District Agreement No. 4-1401-C SECTION III IT IS MUTUALLY AGREED: (1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. (z) The parties hereto will carry out PROJECT in ac- cordance with the Scope of Work, attached and made a part of this Agreement, which outlines the specific responsibilities of the parties hereto. The attached Scope of Work may in the future be modified in writing to reflect changes in the responsibilities of the respective parties. Such modifications shall be concurred with by CITY' s Director of Public Works or other official desig- nated by CITY and STATE' s District Director for District 4 and become a part of this Agreement after execution by the respective officials of the parties. (3 ) The Project Study Report (PSR) for PROJECT ap- proved on August 16, 1991, by this reference, shall become part of this Agreement. (4) The basic design features (as defined in Attach- ment 3 of the Scope of Work for PROJECT) shall comply with those addressed in the approved PSR, unless modified as required for environmental clearance and/or SHWA approval of PROJECT. (5) The design, right of way activities, and prepara- tion of environmental documents for PROJECT shall be performed in -A- District Agreement No. 4-1401-C accordance with STATE standards and practices current as of the date of execution of this Agreement. Any exceptions to applica- ble design standards shall be approved by STATE via the processes outlined in STATE' s Highway Design Manual and appropriate memo- randums and design bulletins published by STATE. In the event that STATE proposes and/or requires a change in design standards, implementation of new or revised design standards shall be done in accordance with STATE' s memorandum "Effective Date for Imple- menting Revisions to Design Standards" , dated February 8, 1991 . STATE shall consult with CITY in a timely manner regarding effect of proposed and/or required changes on PROJECT. (6) CITY' s share of all changes in development and con- struction costs associated with modifications to the basic design features as described above shall be in the same proportion as described in this Agreement, unless mutually agreed by STATE and CITY in a subsequent amendment to this Agreement. (7) In the event a construction contract for PROJECT is not awarded ;jy August 16, 1996, and a time extension has not been granted by STATE, CITY shall pay STATE for all oversight costs incurred by STATE to date. STATE will bill CITY for all over- sight costs to date, free of interest, within thirty (30) days after said deadline and CITY agrees to pay said costs within thirty (30) days after receipt of such billing. (8) STATE may grant a time extension► beyond said dead- line if a finding by STATE is made that reasonable progress is -9- e District Agreement No. 4-1401-C being made and that a construction contract is likely to result within a reasonable period of time. (9) If STATE charges CITY for oversight pursuant to Article (7) above of this Section III , the costs to be charged to CITY for STATE' s oversight will include all direct and indirect costs (functional and administrative overhead assessment) attrib- utable to such work applied in accordance with STATE' s standard accounting procedures. If requested by CITY, STATE shall provide CITY with a final report pertaining to costs incurred for STATE' s oversight efforts within thirty (30) calendar days of CITY' s re- quest. ( 10) If a finding is made that Federal and State regu- lations do not require mitigation of contaminated material in its present condition within the existing State highway right of way, CITY shall be responsible, at CITY expense, for any remedial action required as a result of proceeding with PROJECT. Lo- cations subject to cleanup include utility relocation work re- quired for PROJECT. ( 11) If Federal and State regulations indicate contam- inated material within the existing State highway right of way presents a threat to public health or the environment, regardless of whether it is disturbed or not, STATE shall be responsible for the cleanup, at STATE expense . If STATE' s cost to mitigate is increased due to PROJECT, the additional cost shall be borne by CITY. -10- District ,agreement No. 4-140.1-C ( 12) The party responsible for funding the cleanup shall be responsible for the development of the necessary miti- gation and remedial plans and designs. Remedial actions proposed by CITY shall be approved by STATE and shall be performed in ac- cordance with standards and practices of STATE and other Federal and State regulatory agencies. (13) A separate Cooperative Agreement will be required to cover responsibilities and funding for the PROJECT con- struction phase. ( 14) Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liabil- ity of either party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. (15) Neither STATE 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 CITY under or in con- nection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895 . 4, CITY shall fully de- fend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in con- -11- 1 i District Agreement No. 4-1401-C nection with any work, authority or jurisdiction delegated to CITY under this agreement. ( 16) Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be do.ie by STATE under or in con- nection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall ( efend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on ac- count of injury (as defined in Government Code Section 810.8) oc- curring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. (17) Prior to award of a construction contract for PROJECT, CITY may terminate PROJECT and this Agreement in writ- ing, provided CITY pays STATE for all PROJECT oversight costs in- curred by STATE prior to termination. STATE will bill CITY for all oversight costs to date, free of interest, within thirty (30) days of written notice of termination of Agreement and CITY will pay said amount within thirty ( 30) days after receipt of such billing. -12- t District Agreement No. 4-1401-C ' ( 18) Exi-ept as otherwise provided in Article (17) above, this Agreement shall terminate upon completion and accept- ance of the construction contract for PROJECT or on August 16, 1996, whichever is earlier in time. STATE OF CALIFORNIA CITY OF CUPERTINO Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation By �J(G Mayor By District Director APPROVED AS TO FORM AND PROCEDURE Attest: ty Clerk I Ac A-TTOPNEY Department of Transportation CERTIFIED AS TO FUNDS AND PROCEDURE District Accounting Administrator -13- District Agreement No. 4-1401-C SCOPE OF WORK This Scope of Work outlines the specific areas of responsibility for various project development activities for the proposed widening of De Anza Boulevard overcrossing structure on Route 280. 1. CITY will provide the necessary environmental clearance for this project. CITY will perform all studies to document the Categorical Exemption/Categorical Exclusion (CE/CE) determination. STATE will sign the CE/CE determination sheet. If, during preliminary engineering or preparation of. the PS&E, new information is obtained which requires the preparation of an environmental clearance document, this Agreement will be amended to include completion of these additional tasks by CITY. 2. CITY and STATE concur that the proposal is a Category 5 as defined in STATE' s Project Development Procedures Manual. 3. CITY will submit drafts of environmental technical reports, and individual sections of the draft environmental documents to STATE, as they are developed, for review and comment. Traffic counts and projections to be used in the various reports shall be supplied by STATE if available, or by CITY. Existing traffic data shall. be furnished by CITY. 4. STATE will review, monitor, and approve all project development reports, studies, and plans, and provide all necessary implementation activities up to but not including advertising of PROJECT. 5. The existing freeway agreement need not be revised. 6. All phases of the project, from inception through construction, whether done by CITY or STATE, will be developed in accordance with all policies, procedures, practices, and standards that STATE would normally follow. 7. Detailed steps in the project development process are attached to this Scope of Work. These Attachments are intended as a guide to STATE and CITY staff. -14- District Agreement No. 4-1401-C ATTACHMENT I PLANNING PHASE ACTIVITIES RESPONSIBILITY PROJECT ACTIVITY STATE CITY 1 . ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION Establish Project Development Team (PDT) X X Approve PDT X Project Category Determination X Start and maintain Project History File X Prepare Preliminary Environmental Assessment X Identify Preliminary Alternatives and Costs X Prepare and Submit Environmental Studies and Reports X Review and Approve Environmental Studies and Reports X Prepare and Submit Draft Environmental Document (DED) X Review DED in District X 2 . PROJECT GEOMETRICS DEVELOPMENT Prepare Existing Traffic Analysis X Prepare Future Traffic Volumes for Alternatives X Prepare Project Geometrics and Profiles X Prepare Layouts and Estimates for Alternatives X Prepare Operational Analysis for Alternatives X Review and Approve Project Geometrics and Operational Analysis X 3 . PROJECT APPROVAL Lead Agency for Environment Clearance Certifies ED in Accordance with its Procedures X X Prepare Draft Project Report (DPR) X Finalize and Submit Project Report with Certified ED for Approval X Approve Project Report X -15- ' District Agreement No. 4-1401-C ATTACHMErr[ 2 DESIGN PHASE ACTIVITIES RESPONSIBILITY PROJECT ACTIVITY STATE CITY 1 . PRELIMINARY COORDINATION Request 1 - Phase EA X Field Review of Site X X Provide Geometrics X Approve Geometrics x Obtain Surveys & Aerial Mapping X Obtain Copies of Assessor Maps and Other R/W Maps x Obtain Copies of As-Builts x Send Approved Geometrics to Local Agencies for Review x Revise Approved Geometrics if Required X Approve Final Geometrics X Determine Need for Permits from Other Agencies X X Request permits x Initial Hydraulics Discussion with District Staff" X Initial Electrical Design Discussion with District Staff x Initial Traffic & Signing Discussion with District Staff x Initial Landscape Design Discussion with District Staff x Plan Sheet Format Discussion X X 2 . ENGINEERING STUDIES AND REPORTS Prepare & Submit Materials Report and Typical Section x Review and Approve Materials Report and Typical Section x Prepare and Submit landscaping Recommendation X Review and Approve Landscaping Recommendation X Prepare and Submit Hydraulic Design Studies X Review and Approve Hydraulic Design Studies X Prepare and Submit Bridge General. Plan and Structure Type Selection X Review and Approve Bridge General Plan and Structure Type Selection X -16- P District Agreement No. 4-1401-C RESPONSIBILITY PROJECT ACTIVITY STATE CITY 3 . R/W ACQUISITION & UTILITIES (Used when qualified Local Agency is performing R/W activities) Request Utility Verification x Request Preliminary Utility Relocation Plans from Utilities x Prepare R/W Requirements x Prepare R/W and Utility Relocation Cost Estimates x Submit R/W Requirements and Utility relocation Plans for Review x Review and Comment on R/W Requirements x Longitudinal Encroachment Review x Longitudinal Encroachment Application to District x Approve Longitudinal Encroachment Application x Request Final Utility Relocation Plans x Check Utility Relocation Plans x Submit Utility Relocation Plans for Approval x Approve Utility Relocation plans x Submit Final R/W Requirements for Review and Approval x Fence and Excess Land Review x R/Wa.yout Review x Approve R/W Requirements x Obtain Title Reports x Complete Appraisals x Review and Approve Appraisals for Setting Just Compensation x Prepare Acquisition Documents x Acquire R/W x - Open escrows and Make Payments x - Obtain Resolution of Necessity x - Perform Eminent Domain Proceedings x Provide Displace Relocation Services x Prepare Relocation Payment Valuation x Provide Displacee Relocation Payments x Perform Property Management Activities x Perform R/W Clearance Activities x Prepare and Submit Certification of R/W x Review and Approve Certification of R/W x Transfer R/W to State - Approve and Record Title Transfer Documents x Prepare R/W Record Maps x -17- W District Agreement No. 4-1401-C RESPONSIBILITY PROJECT ACTIVITY STATE CITY 4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES Prepare and Submit Preliminary Stage Construction Plans X Review Preliminary Stage Construction Plans X Calculate and Plot Geometrics X Cross-Sections & Earthwork Quantities Calculation X Prepare and Submit BEES Estimate X Put Estimate in BEES X Local Review of Preliminary Drainage Plans and Sanitary Sewer and Adjustment Details X Prepare and Submit Preliminary Drainage Plans X Review Preliminary Drainage Plans X Prepare Traffic Striping and Roadside Delineation Plans and Submit for Review X Review Traffic Striping and Roadside Delineation Plans X Prepare and Submit Landscaping and/or Erosion Control Plans X Review Landscaping and/or Erosion Control Plans X Prepare and Submit Preliminary Electrical Plans X Review Preliminary Electrical Plans X Prepare and Submit Preliminary Signing Plans X Review Preliminary Signing Plans X Quantity Calculations X Safety Review X X Prepare Specifications X Prepare and Submit Checked Structure Plans X Review and Approve Checked Structure Plans X Prepare Final Contract Plans X Prepare Lane Closure Requirements X Review and Approve Lane Closure Requirements X Prepare and Submit Striping Plan X Review and Approve Striping Plan X Prepare Final Estimate X Prepare and Submit Draft PS&E X Review Draft PS&E Y Finalize and Submit PS&E to District X -18- s District Agreement No. 4-3.401-C ATTACHMENT 3 DEFINITIONS Basic Design Features - A general description of the facility: I-280 design speed is 60 mph. Design speed on De Anza Boule- vard is 40 mph. I-280 has eight through lanes (four in each direction) , ten foot outer shoulders, a 36 foot paved median with a Type 50 concrete divider. De Anza Boulevard has four 12 foot wide through lanes and .four 12 foot wide left turn lanes. There are no shoulders. A five foot wide median island separates the left turn lanes. There are five foot wide sidewalks which will be replaced in kind. South of the interchange, De Anza Boulevard (Route 85) has four through lanes in each direction, a mandatory right turn to the southbound Route 280 on ramp in the nortbound direc- tion and two left turn lanes in the north bound direction. There are no shoulders at this location. The through lanes are 12 feet wide, the left turn lanes are ten feet wide, and the right turn lane is 15 feet wide. The proposal is to have 11 foot through lanes, ten foot left turn lanes, a 13 foot right turn lane, and five feet wide shoulders on De Anza Boulevard south of the interchange. The overcrossing structure is' to be widened to accommodate two additional through lanes and eight foot shoulders. Fact sheets for the five foot shoulders and for the ten and 11 feet wide lanes south of the interchange will be required. -19- RESOLUTION NO. 9104 A RESOLU-!1ON OF THE CITY COUNCIL, OF HE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE STATE 0. CALIFORNIA AND THE CITY OF CUPERTINO PROVIDING FOR THE WIDENING OF THE OVERCROSSING STRUCTURE ON ROUTE 280 AT DEANZA BOULEVARD WHEREAS, there has been presented to the City Council an agreement between the State of California and the City of Cupertino providing for the widening of the overcrossing structure on Route 280 at DeAnza Boulevard; and WHEREAS, the provisions, terms and conditions of said agreement have been reviewed and approved by the Director of Public Works and the City Attorney. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves said agreement and authorizes the Mayor and the city Clerk to execute said agreement on bchalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of June _, 1994, by the following vote: Vote Members of the City Council AYES: Bautista, Burnett, Sorensen, Koppel NOES: None ABSENT: Dean ABSTAIN: None APPROVED: _/s/ Barb Koppel. Mayor, City of Cupertino ATTEST: /s/ Kim Marie Smith City Clerk STATE OF CALIFORNIA--BUSINESS, TRANSPORTATION AND HOUSING AGENCY -PUBLICrV�—\- PETE WILSON, Gorerrwr DEPARTMENT OF TRANSPORTATION M AY (1 19gA 0io BOX 236G0 OAKLAND, CA 44623-0660(510) 286444a TDD (i10) 286-"S4 May 18, 1994 File : 4-SCI-280 9 . 4/9 . 5 De Anza Boulevard OC 4276-132760 Dist . Agmt .No . 4-1574-C Mr. Bert Viskovich Director of Public Works City of Cupertino 10300 Torre Ave . P.O. Box 580 Cupertino, CA 95015 Dear Mr. Viskovich: Subject: Proposed _Coop_erative_Aq reement f_or_ Execution_ Enclosed are four (4) copies of the proposed Cooperative Agreement between the State and the City of Cupertino for widening the overcrossing structure on Route 280 at De Anza Boulevard. We have made the changes as per your letter dated May 12 , 1994. Please have three (3) copies of the enclosed Agreement signed by the appropriate City officials and return these to us together with three (3) certified copies of a resolution adopted by the City approving the Agreement and authorizing its execution. After signature by the appropriate State officials, you will be furnished one ( 1) fully executed copy of the Agreement for your files . �- Sincerely, :10F BROWNE � - District Director 13 Y V ( MICHAEL E. WELS.11, Clzief Project Development Santa Clara I Enclosure City Itall 10300'1'orre Avenue: Cupertino,CA 95014-3202 ! ( i t v1(d telephone: (408)777-3223 G FAX: (408)777-3366 Oi FICi;of:T1 if:CITY CLERK June 15, 1994 Michael E. Welsh, Chief Project Development California Department of'transportation Box 23660 Oakland, California 94623-0660 COOPERATIVE AGREEMENT FOR WIDENING OF OVERCROSSiNG STRUCTURE ON ROUTE 280 AT DEANZA BOULEVARD Enclosed are three (3) copies of the agreement between the City of Cupertino and the State of" California for the widening of the overcrossing at DeAnza Boulevard and Route 280 as requested in your letter of May 18, 1994. If you have any questions, please contact this office. Sincerely. ,KIM M. SMl"1-1-1 CITY CLERK KS/cs STATE OF CALIFORNIA--BUSINESS, TRANSPORTATION A149 HOUSING AGENCY PETE WItSON. Coven DEPARTMENT OF TRANSPORTATION BOX 23660 OAKLAND, CA 94623-06W (310) 28644" TOO (510) 2ea44s4 July 20, 1994 Mr. Bert Viskovich Director of Public Works City of Cupertino pUBUC WORKS 10300 Torre Avenue P.O. Box 580 JUL 2 5 $ Cupertino, CA 95015 Dear Mr. Viskovich: -- Subject: Executed Cooperative Agreement for Files Enclosed for the City° s files is a copy of the executed Cooperative Agreement, documented as SCl-43-9463 between the State and the City of Cupertino to provide for the widening of the overcrossing structure located at De Anza Boulevard and Route 280. The Agreement, executed on June 6, 1994, will terminate upon completion and acceptance of the construction contract or on June 1, 1999, whichever is earlier in time. Sincerely, JOE BROWNE District Director By "E MICHAEL E. WELSH, Chief Project Development Santa Clara I Enclosures /7 ��, 5 f1 9,163 4-SCl-280 9.4/9. 5 De Anza Boulevard OC 9463 4276-132760 Dist. Agmt. No. 4-1574-C Document No. SCL-43- COOPERATIVE AGREEMENT This AGREEMENT, entered into on —jud, C / 9 1 4- , is between the STATE OF CALIFORNIA, acting by and through its De- partment of Transportation, referred to herein as STATE, and CITY OF CUPERTINO, a body politic and a municipal corporation of the State of Cai.ifornia, referred to herein as CITY. RECITALS ( 1) STATE and CITY, pursuant to Streets and Highways Code Section 1.30, are authorized to enter into a Cooperative Agreement for improvements to State highways within CITY. (2) CITY desires to construct State highway improve- ments c(resisting of widening the overc_r._os_sing._structure on Route 280 at De Anza Boulevard _(Route.------85), referred to herein as PROJECT, and is willing to fund one hundred percent ( 100%) of all capital outlay and staffing costs, except that costs of STATE' s oversight of construction activities will be borne by STATE. (3) It is anticipated that Federal-aid ISTEA funds will be allocated for financing approximately 80% of the PROJECT con- -l DUPLICATE ORIGINAL 9% 463 District Agreement No. 4-1574-C structio:n costs which arr, eligible for Federal-aid participation and CITY will bear the remainder of the costs as set forth herein. (4) CITY desires to prepare the contract documents and advertise, award and administer the construction contract for PROJECT in order to bring about the earliest possible completion of PROJECT. (5) STATE is agreeable to CITY' s proposal to prepare the contract documents and advertise, award and administer the construction contract for PROJECT. (6) The parties .hereto intend to define herein the terms and conditions under which PROJECT is to be constructed, financed and maintained. (7 ) Project development responsibilities for PROJECT were covered in a prior Cooperative Agreement executed by STATE and CITE! on July 6, 1993 (District Agreement No. 4-1401-C, Docu- ment No. SCL-43-8898) . SECTION I CITY AGREES: ( 1 ) To advertise, award and administer the construction contract for PROJECT in accordance with requirements of the Local Agency Public Construction Act and the California Labor Code, in- cluding its prevailing wage provisions. Workers employed in the performance of work contracted for by CITY, and/or performed un- -2- District Agreement No. 4-1574-C der encroachment permit, are covered by provisions of the Labor Code in the same manner as are workers Employed by STATE' s Con- tractors. CITY shall obtain applicable wage rates from the State Department of Industrial Relations and shall adhere to the appli- cable provisions of the State Labor Code. Violations shall be reported to the State Department of Industrial Relations. The contract shall also include the Federal DBE requirements as con- tained in Title 49 of CFR, Part 23 . (2 ) To apply for necessary encroachment permits for re- quired work within State highway rights of way, in accordance with STATE' s standard permit procedures, as more specifically de- fined in Articles (3) , (4) , (5) , (6) , (7 ) and (8) of Section III of this Agreement. (3 ) To require that the construction contractor furnish both a payment and performance bond in CITY' s name, with both bonds complying with the requirements set forth in Section 3-1 .02 of STATE' s current Standard Specifications. (4) To construct PROJECT in accordance with plans and specifications of CITY, to the satisfaction of and subject to the approval of STATE. (5) Contract administration procedures shall conform to the requirements set forth in STATE' s Construction Manual, Local Programs Manual and the Encroachment Permit for construction of PROJECT. (6) Construction within the existing or ultimate STATE right of way stall comply with the requirements in STATE' s Stand- -3- 63 District Agreement No. 4-1574-C and Specifications and PROJECT Special Provisions and in conform- ance with methods and practices specified in STATE' s Construction Manual . (7) If CITY uses own staff to perform surveys, such surveys shall conform to the methods, procedures, and require- ments of STATE' s Survey Manual . (8) Material testing and quality control shall conform to the State Construction Manual and the State Material Testing Manual, and be performed, at CITY expense, by a certified mate- rial tester acceptable to STATE'. Independent assurance testing, specialty testing, and off-site source inspection and testing shall be performed by STATE, at no cost to CITY except as noted herein. CITY shall reimburse STATE for any additional travel in- curred by STATE for off-site inspection and testing performed by STATE which is more than 300 airline miles from both. Sacramento and Los Angeles. Approval of type of asphalt and ccncrete plants shall be by STATE, at STATE expense. (9) To furnish, at CITY expense and subject to approval of STATE, a field site representative, who is a licensed Civil Engineer in the State of California, to perform the functions of a Resident Engineer. The Resident Engineer shall be a public em- ployee in accordance with Section 2-07 of the Local Programs Man- ual. (10) To pay one hundred percent ( 1007.) of the actual cost of construction required for satisfactory completion of PROJECT, including changes pursuant to contract change orders -4- District Agreement No. 4-1574-C concurred with by the STATE rRpre:;Pntative and any "State- furnished material" . ( 1.1) At CITY expense, to furnish qualified support staff, subject to approval of STATE, to assist the Resident Engi- neer in, but not limited to, construction surveys, soils and foundation tests, measurement and computation of quantities, testing of construction materials, checking shop drawings, prepa- ration of estimates and reports, preparGtion of As-Built drawings, and other inspection and staff services necessary to assure that the construction is being performed in accordance with the plans and. specifications. Said qualified support staff shall be independent of the design engineering company and con- struction contractor, except that the PROJECT designer may check the shop drawings, do soils foundation tests, test construction materials, and do construction surveys. ( 12) To make progress payments to the contractor using CITY funds and pay all costs for required staff services as de- scribed in Articles (9) and ( 11 ) of this Section I . The STATE representative shall review all contract progress pay schedules. STATE does not assume responsibility for accuracy of itemization on progress pay schedules. (13 ) Within sixty (60) days following the completion and acceptance of the PROJECT construction contract, to furnish STATE a complete set of acceptable full-sized film positive re- producible As-Built plans and all contract records, including survey documents and microfilm copy of all structure plans. -5- District Agreement No. 4-1574-C (14) Upon completion of work under this Agreement, CITY will assume maintenances and the expense thereof for any part of PROJECT located outside of current STATE right of way until acceptance of any such part of PROJECT into the State highway system by STATE, approval by the Federal Highway Administration, if required, and conveyance of acceptable title to STATE. ( 15) To retain or cause to be retained for audit for STATE or other government auditors for a period of three (3 ) years from date of FHWA payment of final voucher, or four (4) years from date of final payment under the contract, whichever is longer, all records and accounts relating to construction. ( 16) If CITY terminates PROJECT prior to completion of the construction contract for PROJECT, STATE may require CITY, at CITY expense, to return right of way to its original condition or to a condition of acceptable permanent operation. If CITY fails to do so, STATE reser >s the right to finish PROJECT or place PROJECT in satisfactory permanent operation condition. STATE will bill CITY for all actual expenses incurred and CITY agrees to pay said expenses within thirty (30) days or STATE, acting through the State Controller, may withhold an equal amount from future apportionments due CITY from the Highway User Tax Fund. -6- 9463 District Agreement No. 4-1574-C SECTION II STATE AGREES: (1) To issue, at no cost to CITY and CITY' s contractor, upon proper application by CITY and by CITY' s contractor, the necessary encroachment permits for required work within the State highway right of way, as more specifically defined in Articles (3) , (4) , (5) , (6) , (7) and (8) of Section III of this Agreement. (2) To provide, at no cost to CITY, a qualified STATE representative who shall have authority to accept or reject work and materials or to order any actions needed for public safety or the preservation of property and to assure compliance with all provisions of the encroachment permit( s) issued to CITY and to CITY' s contractor. (3 ) To provide at CITY expense, any "State-furnished material" as shown on the plans for PROJECT and as provided in the Special Provisions for PROJECT. SECTION III IT IS MUTUALLY AGREED: ( 1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. -163 District Agreement No. 4-1574-C (2 ) All applicable procedures and policies relating to the use of Federal funds or State gas tax funds shall apply notwithstanding other provisions of this Agreement. (3) Construction by CITY of improvements referred to herein which lie within STATE highway rights of way or affect STATE facilities, shall not be commenced until CITY' s original contract plans involving such work and plan for utility relo- cations have been reviewed and approved by signature of STATE' s District Director of Transportation, or the District Director' s delegated agent, and until an encroachment permit to CITY author- izing such work has been issued by STATE. (4) CITY shall obtain aforesaid encroachment permit through the office of STATE District Permit Engineer and CITY' s application shall be accompanied by seven (�7L sets of reduced constructio�lans of aforesaid STATE approved contract plans, and seven (7) sets of specifications. Receipt by CITY of the ap- proved encroachment permit shall constitute CITY' s authorization from STATE to proceed with work to be performed by CITY or CITY' s representatives within proposed STATE Lights of way or which af- fects STATE facilities, pursuant to work covered by this Agree- ment. CITY' s authorization to proceed with said work shall be contingent upon CITY' s compliance with all provisions set forth in this Agreement and said encroachment permit. (5) CITY' s construction contractor shall also be re- quired to obtain an encroachment permit from STATE prior to com- mencing any work within STATE rights of way or w'iich affects -8- 9463 District Agreement No. 4-1574-C STATE facilities. The application by CITY' s contractor for said Encroachment Permit shall be made through the office of STATE' s District Permit Engineer and shall include proof said contractor has payment and performance surety bonds covering construction of PROJECT. (6) CITY shall provide a right of way certification prior to granting of said encroachment permit by STATE, to cer- tify that legal and physical control of right of way were ac- quired in accordance with applicable State and Federal. laws and requlations. (7) CITY shall not construct any portion of PROJECT within the proposed STATE right of way until after an encroachment permit has been issued to CITY by STATE. (8) CITY' s construction contractor shall maintain in force, until completion and acceptance of the PROJECT con- struction contract: a policy of Contractual Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability in accordance with Section 7-1 . 12 of State Standard Specifications. Such policy shall contain an additional insured endorsement naming STATE, its officers, agents and employees as additional insureds. Coverage shall be evidenced by a Certif- icate of Insurance in a form satisfactory to STATE which shall be delivered to STATE before the issuance of an encroachment permit to CITY' s contractor. (9) Prior to award of the construction contract for PROJECT, CITY may terminate this Agreement by written notice. -q- 91163 District Agreement No. 4-1574-C (10) in construction of said PROJECT, representatives of CITY and STATE will cooperate and consult, and all work pursu- ant to PROJECT shall be accomplished according to approved plans, specifications and applicable STATE standards. Satisfaction of these requirements shall be verified by the STATE representative. The STATE representative is authorized to enter CITY' s property during construction for the purpose of monitoring and coordinat- ing construction activities. ( 11) Changes to PROJECT plant and specifications shall be implemented by contract change orders reviewed and concurred with by the STATE representative. All changes affecting public safety or public convenience, all design and specification changes, and all major changes as defined in STATE' s Construction Manual shall be approved by STATE in advance of performing the work. Unless otherwise directed by the STATE representative, changes authorized as provided herein will not require an encroachment permit rider. All changes shall be shown on the As- Built plans referred to in Section I , Article (13 ) of this Agree- ment. ( 12) CITY shall provide a claims process acceptable to STATE and shall process any and all claims through CITY' s claim process. The STATE representative will be made a,,:-ailable to CITY to provide advice and technical input in any claim process. ( 13) If any existing public and/or private utility fa- cilities conflict with PROJECT construction or violate STATE' s encroachment policy, CITY shall make all necessary arrangements -10- 9463 District Agreement No. 4-1574-C with the owners of such .facilities for their protection, relo- cation or removal in accordance with STATE policy and procedure for those facilities located within the limits of work providing for the improvement of the State highway and in accordance with CITY policy for those facilities located outside of the limits of work for the State highway. Total costs of such protection, re- location or removal shall be determined in accordance with STATE policy and procedure. CITY shall require any utility owner and/or its contractors performing relocation work in STATE' s right of way to obtain a STATE encroachment permit prior to the performance of said relocation work. Any relocated or new facil- ities shall be correctly shown and identified on the As-Built plans referred to in Section I , Article ( 13 ) of this Agreement. ( 14) If any unforeseen potential hazardous waste sites are encountered during r.�onstruction of PROJECT, STATE and CITY shall meet and confer on a course of action. The responsibil- ities and costs for any action shall be covered by amendment to this Agreement. ( 15) Pursuant to the authority contained in Section 591 of the Vehicle Code, STATE has determined that within such areas as are within the limits of PROJECT and are open to public traf- fic, CITY shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. CITY shall take all necessary precautions for safe operation of CITY' s vehi- cles, the construction contractor' s equipment and vehicles and/or vehicles of personnel retained by CITY and for the protection of -11- 9.16 3 District Agreement No. 4-1574-C the traveling public from injury and damage from such vehicles or equipment. ( 16) Upon completion and acceptance of the PROJECT con- struction contract by CITY to the satisfaction of the STATE rep- resentative and subsequent to the execution of a maintenance agreement, STATE will accept control of and maintain, at its own cost and expense, those portions of PROJECT lying within STATE' s right of way, except local roads delegated to CITY for mainte- nance. STATE will maintain, at STATE expense, the entire struc- ture (vehicular overcrossing) below the deck surface. ( 17) CITY will accept control and maintain, at its own cost and expense, the portions of PROJECT lying outside STATE' s right of way. Also, CITY will maintain, at CITY expense, local roads within STATE' s right of way delegated to CITY for mainte- nance and remaining portions of any local road overcrossing structures, including the deck surface and above, as well as all traffic service facilities that may be required for the benefit or control of CITY street traffic . ( 18) CITY will maintain and operate the traffic control signal system and safety lighting as installed in accordance with Agreement for Maintenance of State Highways in the City of Cupertino executed on January 10, 1989. STATE shall reimburse CITY for STATE' s proportionate share of said maintenance costs, including electrical energy costs. ( 19) Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances in- -12- 9463 District Agreement No. 4-1574-C stalled within STATE' s right of way will automatically be vested in STATE, and materials, equipment and appurtenances installed outside of STATE' s right of way will automatically be vested in CITY. No further agreement will be necessary to transfer owner- ship as hereinabove stated. (20) Nothing in the provisions of this Agreement is in- tended to create duties or obligations to or rights in third par- ties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. (21) Neither STATE 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 CITY under or in con- nection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895 . 4, CITY shall fully de- fend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810. 8) occurring by reason of anything done or omitted to be done by CITY under or in con- nection with any work, authority or jurisdiction delegated to CITY under this Agreement. (22) Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of -13- 194 6*3 District Agreement No. 4-1574-C anything done or omitted to be done by STATE under or in con- nection with any work, authority or jurisdiction delegated to STATE under this Agreement , It is understood and agreed that, pursuant to Government Code Section 895 . 4, STATE shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on ac- count of injury (as defined in Government Code Section 810.8) oc- curring by .reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. (23 ) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incor- porated herein shall be binding on any of the parties hereto. (24) Those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and ac- ceptance of the construction contract for PROJECT by CITY with concurrence of STATE, or on June 1, 1999, whichever is earlier in -14- 9463 District Agreement No. 4-1574-C time; however, the ownership, operation, maintenance, liability, and claims clauses shall remain in effect until terminated or modified in writing by mutual agreement. STATE OF CALIFORNIA CITY OF CUPERTINO Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation r By YUF By Deputy District Director Attest: City Clerk APPROVED AS TO FORM AND PROCEDURE R i APPROVED AS TO FORM AND LEGALITY ATTORNEY Department of Transportation _ ATTORNEY CERTIFIED AS TO FUNDS AND PROCEDURE I hereby certify upon my own .,A,-a.,nat knowledge that budgeted funds aie available for the period and purpose of payment to the construction contractor and District Accounting Administrator to qualified support staff pursuant to this Agreement Fiscal Officer' -15- RESOLUTION NO. 9104 A R_E:St:>Lt "!•ION OF THE CITY COUNCIL OF IIE CITY OF C UPER`I'INO ALJ"I'I IORIIIN6 EXECUTION OF STATE, OF CALIFORNIA AND TI IE CITY OF CLJPI:R1'INO PROVIDING FOR THE WIDENINCY OF THE OVI RCROSSING STRUC"LURE ON ROUTE 280 AT DEANZA 'BOULEVARD WHEREAS, there has been presented to the City Council an agreement between the State oh California and the City of Cupertino providing fbr the wieicniing of the overcrossing structure on Route 280 at DeAnza Boulevard: and WHEREAS, the provisions, terms and conditions of said agreement have been reviewed and approved by the Director of Public 'Works and the City Attorney. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves said agreement and authorizes the Mayor and the city Clerk to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of' ,Tune 1994, by the following vote: Vote Members of the Citv Council AYES: Bautista, Burnett, Sorensen, Koppel. NOES: None ABSENT: Dean ABSTAIN: None AP ROVED: Mayor. City of rtino ATTEST: F 't-I„T THE WITHIN City Clerk AL I N F Ii..F_ IN ;H19 0FFIPP. . .. tic, .• /� _____.__ t�._�Y STATE Of CAIIFORN1A--BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON. Go,®,r,o, DEPARTMENT OF TRANSPORTATION BOX 23660 G4621.0660 PUBLIC WORKS �. (S 10) 28L•4444 TOO [510) 286-4454 AUG 2 5 1993 August 23 , 1993 File: 4-SC1-280 9 . 4/9 . 5 4273-132760 De Anna Boulevard OC Dist. Actrnt. No. 4-1401-C Mr. Bert Viskovich Document No. SCL-43-8898 Director of Public Works City of Cupertino 10300 Torre Ave. P.O. Box 580 Cupertino, CA 95015 Dear Mr. Viskovich: Subject: Executed Cooperative Agreement for Files Enclosed for the City' s files is one fully executed copy of the Cooperative Agreement between the State and the City of Cupertino for widening the overcrossin5 structure on Route 280 at De Anza Boulevard (Route 85 ) in Cupertino. The Agreement, executed on July 6, 1993, will terminate upon completion and acceptance of the construction contract for project or on August 16, 1996, whichever is earlier in time. Sincerely, JOE BROWNE District Director By �� NESTOR PEREZ, Acting hief Project Development SC1-1 Enclosure 8898 4-SC1-280 9.4/9. 5 De Anza Boulevard OC 4273-13276K Dist. Agmt. No. 4-1401-C Document No. SCL-43- COOPERATIVE AGREEMENT This AGREEMENT, entered into on X _ 4)3_, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF CUPERTINO, a body politic and a municipal corporation of the State of California, referred to herein as CITY. RECITALS ( 1 ) STATE and CITY, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within CITY. (2 ) CITY desires State highway improvements consisting of widening the overcrossing structure on Route 280 at De Anza Boulevard (Route 85) , referred to herein as "PROJECT", and is willing to fund one hundred percent ( 100%) of all capital outlay and staffing costs, except that costs of STATE' s oversight of en- vironmental, design and right of way activities may be borne by STATE. (3) This Agreement supersedes any prior Memorandum of Understanding (MOU) relating to PROJECT. -1- ORIGI District Agreement No. 4-1401-C (4) Construction of said PROJECT will be the subject of a separate future agreement. (5) The parties hereto intend to define herein the terms and conditions under which PROJECT is to be developed, de- signed, and financed. .SECTION I CITY AGREES: ( 1) To fund one hundred percent ( 100%) of all prelimi- nary and design engineering costs, including, but not limited to, costs for preparation of contract documents and advertising and awarding the PROJECT construction contract. (2 ) To have a Project Report (PR) , Environmental Docu- ment (ED) , and detailed Plans, Specifications and Estimate (PS&E) prepared at no cost to STATE and to submit each to STATE for re- view and approval at appropriate stages of development. Project Report, final plans and standard special provisions shall be signed by a Civil Engineer registered in the State of California. (3) To permit STATE to monitor and participate in the selection of personnel. who will prepare the PR, conduct environ- mental studies and obtain the environmental clearance, prepare the PS&E, provide the right of way engineering services, and per- form right of way activities. CITY agrees to consider any re- quest by STATE to discontinue the services of any personnel considered by STATE to be unqualified on the basis of creden- -2- WE District Agreement No. 4-1401-C tials, professional expertise, failure to perform in accordance with scope of work and/or other pertinent criteria. (4) Personnel. who prepare the PS&E shall be available to STATE, at no cost to STATE, through completion of construction of PROJECT to discuss problems which may arise during con- struction and/or to make design revisions for contract change or- ders. (S) Personnel who prepare right of way material shall be available to STATE, at no cost to STATE, during and after con- struction until completion and acceptance by STATE of Record Maps and. Records of Surveys. (6) Not to use funds from any Federal-aid program for design or acquisition of rights of way for PROJECT. (7) To make written application to STATE for necessary encroachment permits authorizing entry onto STATE' s right of way to perform surveying and other investigative activities required for preparation of the PR, ED and/or PS&E. (8) To identify and locate all high and low risk under- ground facilities within the PROJECT area , and to protect or oth- erwise provide for such facilities, all in accordance with STATE' s "Manual onHgh. and Low Risk_ Underground Facilities Within Higtitaav Rights of Wad" . CITY hereby acknowledges receipt of STATE' s "Manual on_ High__and _Low Risk Underground Facilities Within Highway—Rights of Way" (9) If any existing punlic and/or private utility fa- cilities conflict with PRkIJECT construction or violate STATE' s -3- District Agreement No. 4-1401-C encroachment policy, CITY shall make all necessary arrangements with the owners of such facilities for their protection, relo- cation or removal in accordance with STATE policy and procedure for those facilities located within the limits of work providing for the improvement to the State highway and in accordance with CITY policy for those facilities located outside of the limits of work for the State highway. Total costs of such protection, re- location or removal shall be in accordance with STATE policy and procedure. ( 10) To furnish evidence to STATE, in a form acceptable to STATE, that arrangements have been made for the protection, relocation, or removal of all conflicting facilities within STATE' s right of way and that such work will be completed prior to the award of the contract to construct PROJECT or as covered in the Special Provisions for said con"race. This evidence shall include a reference to all .required State highway encroachment permits . (11) CITY shall require the utility owner and/or its contractors performing any wor,r within STATE' s right of way to obtain a STATE encroachment permit-, prior to the performance of said work. (12) To perform all right of way activities, including all eminent domain activities, ic necessary, at no cost to STATE, in accordance with procedures acceptable tr, STATE, and in compli- ance with all applicable State and Federal laws and regulations, 4- District Agreement No. 4-1401-C subJect to STATE oversight to 1.nsure that the completed work is acceptable for incorporation into the State highway right of way. ( 1.3 ) To prepare Right of Way Engineering Hard Copies, Right of Way Appraisal. Maps, Record of Surveys, and Right of Way Record Maps in accordance with the State of California Right of Way Procedural Handbook Volume 2 - Right of Way Engineering, the State of California Drafting and Plans Manual, the State of California Surveys Manual Chapter 10, applicable State laws, and other pertinent reference material and examples as provided by STATE. ( 14) To have all necessary Right of Way Maps Docu- ments used to acquire right of way by CITY, prepared by or under the direction of a person authorized to practice land surveying in the State of California. Each Rig:it of Way Map and Document shall bear the appropriate professional seal, certificate number, expiration date of regis'-ration certification and signature of the licensed person in "Responsible Charge of Work" . ( 15) To su►mit to STATE for review and acceptance all Right of Way Engineering Hard Copies and Right of Way Appraisal Maps with appurtenant back-up and reference data prior to prepa- ration of legal descriptions and acquisition documents. ( 16) To utilize the services of a qualified public agency as determined by the STATE deputy District Director of Right of Way in L11 right of way acquisition related matters in accordance with STATE procedures as container' In Right of Way Procedural Handbook, Volume 9. Whenever personnel other than -5- District Agreement No. 4-1401-C: personnel of a qualified public agency are utilized, adminis- tration of the personnel contract shall be performed by a quali- fied Right of Way person employed or retained by CITY. (17) To certify legal and physical control of right of way ready for construction, and that all rights of way were ac- quired in accordance with applicable State and Federal laws and regulations subject to review and concurrence by STATE prior to the advertisement for bids for construction of PROJECT. ( 18) To deliver to STATE legal title to the right of way, free and c:.ear of all encumbrances detrimental to STATE' s present and future uses not later than the date of acceptance by STATE of maintenance and operation of the highway facility. Ac- ceptance of said title by STATE is subject to a review of a Pol- icy of Title Insurance in STATE' s name to be provided and paid for by CITY. ( 19) To identify and locate all utility facilities within the PROJECT area as part of its PROJECT design responsi- bility. All utility facilities not relocated or removed in ad- vance of construction shall be identified on the PROJECT plans and specifications. (20) To be responsible, at CITY expense, for the inves- tigation of potential, hazardous waste sites outside of the exist- ing State highway right of way that would impact PROJECT. (21) To be responsible, at no cost to STATE, for reme- diation of hazardous waste found on proposed State highway right of way to be acquired for PROJECT. -6- District Agreement No. 4-1401-C SECTION I II STATE AGREES: ( 1) To provide, at no cost to CITY except as noted in Article (7) of Section III of this Agreement, oversight of PROJECT and to provide prompt reviews and approvals, as appropri- ate, of submittals by CITY, and to cooperate in timely processing of PROJECT. (2) To provide, at no cost to CITY except as noted in Article (7) of Section III of this Agreement, oversight of all right of way activities undertaken by CITY, or its designee, pur- suant to this Agreement. (3 ) To issue, at no cost to CITY, upon proper applica- tion by CITY, an encroachment permit to CITY authorizing entry onto STATE' s right of way to perform survey and other investi- gative activities required for preparation of the PR, ED and/or PS&E. If CITY uses consultants rather than its own staff to per- form required work, the consultants will also be required to ob- tain an encroachment permit. The permit will be issued at no cost upon proper application by the consultants. (4) To be responsible, at STATE expense, for the in- vestigation of potential hazardous waste sites within the exist- ing State highway right of way that would impact PROJECT. -7- District Agreement No. 4-1401-C SECTION III IT I S-_MUTUALLY_AGREEED: ( 1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. (2) The parties hereto will carry out PROJFCT in ac- cordance with the Scope of Work, attached and made a part of this Agreement, which outlines the specific responsibilities of the parties hereto. The attached Scope of Work may in the future be modified in writing to reflect changes in the responsibilities of the respective parties. Such modifications shall be concurred with by CITY' s Director of Public Works or other official desig- nated by CITE! and STATE' s District Director for District 4 and become a part of this Agreement after execution by the respective officials of the parties. (3) The project Study Report (PSR) for PROJECT ap- proved on August 16, 1997., by this reference, shall become part of this Agreement. (4) The basic design features (as defined in Attach- ment 3 of the Scope of Work for PROJECT) shall comply with those addressed in the approved PSR, unless modified as required for environmental clearance and/or FHWA approval of PROJECT. (5) The design, right of way activities, and prepara- tion of environmental. documents for PROJECT shall be performed in -8- District Agreement No. 4-1401-C accordance with STATE standards and practices current as of the date of execution of this Agreement. Any exceptions to applica- ble design standards shall be approved by STATE via the pro*,,>sses outlined in STATE' s Highway Design Manual and appropriate memo- randums and d >.3ign bulletins published by STATE. In the event that STATE proposes and/or requires a change in design standards, implementation of new or revise design standards shall be done in accordance with STATE' s memorandum "Effective Date for Imple- menting Revisions to Design Standards" , dated February 8 1991 . STATE, shall consult with CITY in a timely manner regarding effect of proposed and/or required changes on PROJECT. (6) CITY' s share of all changes in development and con- struction costs associated with modifications to the basic design features as described above shall be in the same proportion as described in this Agreement, unless mutually agreed by STATE and CITY in a subsequent amendment to this Agreement. (7) In the event a construction contract for PROJECT is not awarded by August 16, 1996, and a time extension has not been granted by STATE, CITY shall ray STATE for all oversight costs incurred by STATE to date. STATE will bill CITY for all over- sight costs to date, free of interest, within thirty (30) days after said deadline and CITY agrees to pay said costs within thirty (30) days after receipt of such billing. (8) STATE may grant a time extension, beyond said dead- line if a finding by STATE is made that reasonable progress is -9- District Agreement No. 4-1401-C being made and that a construction contract is likely to result within a reasonable period of time. (9) If STATE charges CITY for oversight pursuant to Article (7) above of this Section III , the costs to be charged to CITY for STATE' s oversight will include all direct and indirect costs (functional and administrative overhead assessment) attrib- utable to such work applied in accordance with STATE' s standard accounting procedures. If requested by CITY, STATE shall provide CITY with a final report pertaining to costs incurred for STATE' s oversight efforts within thirty (30) calendar days of CITY' s re- quest. (10) If a finding is made that Federal and State regu- lations do not require mitigation of contaminated material in its present condition within the existing State highway right of way, CITY shall be responsible, at CITY expense, for any remedial action required as a result of proceeding with PROJECT. Lo- cations subject to cleanup include utility relocation work re- quired for PROJECT. ( 11) If Federal and State regulations indicate contam- inated material within the existing State highway right of way presents a threat to public health or the environment, regardless of whether it is disturbed or not, STATE shall be responsible for the cleanup, at STATE expense. If STATE' s cost to mitigate is increased due to PRJJECT, the additional cost shall be borne by CITY. -10- District Agreement No. 4-1401-C ( 12 ) The party responsible for funding the cleanup shall be responsible for the development of the necessary miti- gation and remedial plans and. designs. Remedial actions proposed by CITY shall be approved by STATE and shall be performed in ac- cordance with standards and practices of STATE and other Federal and State regulatory agencies. ( 13) A separate Cooperative Agreement will be required to cover responsibilities and funding for the PROJECT con- struction phase. ( 14) Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liabil- ity of either party to the Agreement by imTvsing any standard of care with respect to the maintenance of State highways different from the standard of care imposed. by law. (15) Neither STATE 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 CITY under or in con- nection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Govcrnment Code Section 895 . 4, CITY shall fully de- fend., indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or emitted to be done by CITY under or in con- -11- District Agreement No. 4-1401-C nection with any work, authority or jurisdiction delegated to CITY under this agreement. ( 16) Neither CITY 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 STATE under or in con- nection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895 . 4, STATE shall defend indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on ac- count of injury (as defined in Government Code Section 810.8) oc- curring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. (17) Prior to award of a construction con-ract for PROJECT, CITY may terminate PROJECT and this Agreement in writ- ing, provided CITY pays STATE .for all PROJECT oversight costs _Jn- curred by STATE prior to termination. STATE will bill CITY for all oversight costs to date, free of interest, within thirty (30) days of written notice of termination of Agreement and CITY will pay said amount within thirty (30) days after receipt of such billing. -12- 93-024 CALIFORNIA DEPT. OF TRANSPORTATION 2 of 2 District Agreement No. 4-1401-C (18) Except as otherwise provided in Article (17) above, this Agreement shall terminate upon completion and accept- ance of the construction contract for PROJECT or on August 16, 1996, whichever is earlier in time. STATE OF CALIFORNIA CITY OF CUPERTINO Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation �y jr. Mayor By �I/ District Director APPROVED AS TO FORM AND PROCEDURE Attes t: ity Clerk AT'fOKNEY Department of Transportation 889 CERTIFIED AS TO FUNDS AND PROCEDURE District Account;. Administrator -13- District Agreement No. 4-1401-C SCOPE. OF WORK 4$ This Scope of Work outlines the specific areas of responsibility for various project development activities for the proposed widening of De Anza Boulevard overcrossing structure on Route 280. 1 . CITY will provide the necessary environmental clearance for this project. CITY will perform all studies to document the Categorical Exemption/Categorical Exclusion (CE/CE) determination. STATE will sign the CE/CE determination sheet. If, during preliminary engineering or preparation of the PS&E, new information is obtained which rewires the preparation of an environmental clearance document, this Agreement will be amended to include completion of these additional tasks by CITY . 2 . CITY and STATE concur that the proposal is a Category 5 as defined in STATE' s Project Development Procedures Manual. 3 . CITY will submit drafts of environmental technical reports, and individual sections of the draft environmental documents to STATE, as the,✓ are developed, for review and comment. Traffic counts and projections to be used in the various reports shall be supplied by STATE if available, or by CITY. Existing traffic data shall be furnished by CITY. 4. STATE will review, monitor, and approve all project development reports, studies, and plans, and provide all necessary implementation activities up to but not including advertising of PROJECT. 5. The existing freeway agreement need not be revised. 6. All phases of the project, from inception through construction, whether done by CITY or STATE, will be developed in accordance with all policies, procedures, practices, and standards that STATE would normally follow. 7. Detailed steps in the project development process are attached to this Scope of Work. These Attachments are intended as a guide to STATE and CITY staff. -14- District Agreement No. 4-1401-C ATTACHMENT I PLANNING PHASE ACTIVITIES RESPONSIBILITY PROJECT ACTIVITY STATE. CITY 1. ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION Establish Project Development Team (PDT) X X Approve PDT X Project Category Determination X Start and maintain Project History File X Prepare Preliminary Environmental Assessment X Identify Preliminary Alternatives and Costs X Prepare and Submit Environmental Studies and Reports X Review and Approve Environmental Studies and Reports X Prepare and Submit Draft Environmental Document (DED) X Review DED in District X 2 . PROJECT GEOMETRICS DEVELOPMENT Prepare Existing Traffic Analysis X Prepare Future Traffic Volumes for Alternatives X Prepare Project Geometrics and Profiles X Prepare Layouts and Estimates for Alternatives X Prepare Operational Analysis for Alternatives X Review and Approve Project Geometrics and Operational Analysis X 3 . PROJECT APPROVAL Lead Agency for Environment Clearance Certifies ED in Accordance with its Procedures X X Prepare Draft Project Report (DPR) X Finalize and Submit Project Report with Certified ED for Approval X Approve Project Report X -15- District Agreement No. 4-1401-C ATTACHMENT 2 DESIGN PHASE ACTIVITIES RESPONSIBILITY PROJECT ACTIVITY STATE CITY 1 . PRELIMINARY COORDINATION Request 1 - Phase EA X Field Review of Site X X Provide Geometrics X Approve Geometrics X Obtain Surveys & Aerial Mapping X Obtain Copies of Assessor Maps and Other R/W Maps X Obtain Copies of As-Builts X Send Approved Geometrics to Local Agencies for Review X Revise Approved Geometrics if Required X Approve Final Geometrics X Determine Need for Permits from Other Agencies X X Request permits X Initial Hydraulics Discussion with District Staff X Initial Electrical Design Discussion with District Staff X Initial Traffic & Signing Discussion with District Staff X Initial Landscape Design Discussion with District Staff X Plan Sheet Format Discussion X X 2 . ENGINEERING STUDIES AND REPORTS Prepare & Submit Materials Report and Typical Section X Review and Approve Materials Report and Typical Section X Prepare and Submit landscaping Recommendation X Review and Approlre Landscaping Recommendation X Prepare and Submit Hydraulic Design Studies X Review and Approve Hydraulic Design Studies X Prepare and Submit Bridge General Plan and Structure Type Selection X Review and Approve Bridge General Plan and Structure Type Selection x -16- District Agreement No. 4-1401-C RESPONSIBILITY PROJECT ACTIVITY SMATE CITY 3 . R/W ACQUISITION & UTIL•ITIES (Used when qualified Local Agency is performing R/W activities) Request Utility Verification X Request Preliminary Utility Relocation Plans from Utilities X Prepare R/W Requirements X Prepare R/W and Utility Relocation Cost Estimates X Submit R/W Requirements and Utility relocation Plans for Review X Review and Comment on R/W Requirements X Longitudinal Encroachment Review X Longitudinal Encroachment Application to District X Approve Longitudinal Encroachment Application X Request Final Utility Relocation Plans X Check Utility Relocation Plans X Submit Utility Relocation Plans for Approval X Approve Utility Relocation plans X Submit Final R/W Requirements for Review and Approval X Fence and Excess Land Review X R/W Layout Review X Apl - ove R/W Reguireme,its X Obtain Title Reports X Complete Appraisals X Review and Approve Appraisals for. Setting Just Compensation X Prepare Acquisition Documents X Acquire R/W X - Open escrows and Make Payments X - Obtain Resolution of Necessity X - Perform Eminent Domain Proceedings X Provide Displace Relocation Services X Prepare Relocation Payment Valuation X Provide Displacee Relocation Payments X Perform Property Management Activities X Perform R/W Clearance Activities X Prepare and Submit Certification of R/W X Review and Approve Certification of R/W X Transfer R/W to State - Approve and Record Title Transfer Documents X Prepare R/W Record Maps X -17- District Agreement No. 4-1401-C RESPONSIBILITY PROJECT ACTIVITY STATE CITY 4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES Prepare and Submit Preliminary Stage Construction Plans X Review Preliminary Stage Construction Plans X Calculate and Plot Geometrics X Cross-Sections & Earthwork Quantities Calculation X Prepare and Submit BEES Estimate X Put Estimate in BEES X Local Review of Preliminary Drainage Plans and Sanitary Sewer and Adjustment Details X Prepare and Submit Preliminary Drainage Plans x Review Preliminary Drainage Plans X Prepare Traffic Striping and Roadside Delineation Plans and Submit for Review X Review Traffic Striping and Roadside Delineation Plans X Prepare and Submit Landscaping and/or Erosion Control Plans X Review Landscapin, and/or Erosion Control Plans X Prepare and Submit Preliminary Electrical Plans X Review Preliminary Electrical Plans X Prepare and Submit Preliminary Signing Plans X Review Preliminary Signing Plans X Quantity Calculations X Safety Review X X Prepare Specifications X Prepare and Submit Checked Structure Plans X Review and Approve Checked Structure Plans X Prepare Final Contract Plans X Prepare Lane Closure Requirements X Review and Approve Lane Closure Requirements X Prepare and Submit Striping Plan X Review and Approve Striping Plan X Prepare Final Estimate X Prepare and Submit Draft PS&E X Review Draft PS&E X Finalize and Submit PS&E to District X -18- District Agreement No. 4-1401-C ATTACHMENT 3 DEFINITION: Basic Design Features - A general description of the facility: I-280 design speed is 60 mph. Design speed on De Anza Boule- vard is 40 mph. I-280 has eight through lanes (four in each direction) , ten foot outer shoulders, a 36 foot paved median with a Type 50 concrete divider. De Anza Boulevard has four 12 foot wide through lanes and four 12 foot wide left turn .lanes. There are no shoulders. A five foot wide median island separates the left turn lanes. There are f v4A foot wide sidewalks which will be replaced in kind. South of the interchange, De Anza Boulevard (Route 85) has four through lanes in each direction, a mandatory right turn to the southbound Route 280 on ramp in the nortbound direc- tion and two left turn lanes in the north bound direction. There are no shoulders at this location. The through lanes are 12 feet wide, the left turn lanes are ten feet wide, and the right turn lane is 15 feet wide. The proposal is to have 11 foot through lanes, ten foot left turn lanes, a 33 foot right turn lane . and five feet wide shoulders on De Anza Boulevard south of the interchange. The overcrossing structure is to be widened to accommodate two additional through lanes and eight foot shoulders. Fact sheets for the five foot shoulders and for the ten and 11 feet wide lanes south of the interchange will be required. -19- e RESOLUTION NO. M1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE EXECUTION OF COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF CUPERTINO PROVIDING FOR THE WIDENING OF OVERCROSSING STRUCTURE ON ROUTE 280 AT DEANZA BOULEVARD WHEREAS, there has been presented to the City Council a proposed agreement between the Sate of California, through its Department of Trans on, and the City of Cupertino providing for the DeAnza bridge widening at Route 280;and WHEREAS, the provisions, terms, and conditions of the aforementioned agreement have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves said agreement and authorizes the Mayor and the City Clerk to execute said agrmnent on behalf of the City of Cupertino. PASSED AND ADOPTED at a regwar meeting of the City Council of the City of Cupertino this 6 t h day of s„r V , 1993, by the following vote: ote Me-Inbers of ft City Council AYES: Dean, Goldman, Koppel, Sorensen, Szabo NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Nick Szabo Mayor,City of Cupertino ATTEST: /s/ Roberta A. Wolfe ,:,. ::j iS _I.O CERTIFY THAT THE. WITHIN City Clerk De ut n•ISTRUMEN:T 15ATRUE AND CORRECT COPY P Y OF THE ❑RIGINAL, ON FILE IN THIS OFFICE:. ATTEST CITY CLE OF IKIE C1TY OF ,CUPERTINO v _E aIr