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HomeMy WebLinkAboutTransfer of Funds - Santa Clara County - 1972 City & Santa Clara C unty - Transfer of Funds /. Od Lo ✓ C7D _,A3c Llt L.ALlf0RN#A-4USMESS AND TRANSPONTrATION AGENCY RONALD REAGAN, Go+e-no, DEPAkTMFh T OF Pi19UC WOWS DIVISION OF HIGHWAYS P.O Sm 33&6 RINCON ANNEX SAN FRAl-CtSCO 94119 .++: October 3, 1972 o4-SCi_998-Cpo T-30 2 ( 15 ) T GP ICS RGjE C;T Sa ra toga-Sunnyvale at Rodrigues ue Yarbor aa. -h .Director of ?ubi _ "+or kz- City o.' Cu�rtino 13-300 Torre Avenue Cu rtir.o, Ca iifow ia, 5GiL Dear ;u. YarborouLg :: :it-ached for your files is one ti ) executed copy of the LGC.'iL AGENCY-STA+76 9 Supplement No. 1. 'Jery IL;i-,ly yours, 17 R. 1.rr11 �iJ District En6ineer Cj . S. ;sst. City and County Projects Engineer Attac!'z..ent 0LOCAL AGPNCY Cuoertinoi_ DATE—A—PI-11 0�y SUPPLEaIENT NO 1 TO LOCAL AGENCY — STATE � GRAM AGREE'9�iTri0 9 --- (37, ®f LOCAL AGENCY TOPICS IMPROVEMENT PROJECTS in the City of Ctioertino Local %gettc Pursuant to the Urban -area Traffic Operation: Improvement :act (c-mmencin xith Section 2300 o' the -trout= and Hieh%a.= CodO and to Sect;-_r, 33.5 of Title 23 U.S. Cude, the attac•i,cd "Pro- grain" of Traffic Operation4 Impro%ement�. marked "Erhihit A" is hereby incorporated in that %luster Agree-iient for the TOPICS Program «hich %%as entered into bet%%ven the ato�e named LOCAL AGENCY and the rTATE on__StR'embez' 20,_ 1971 —_ and is ;abject to ail of the term- and c•ow itlons thereof. In+ -ut,; c i. prc,,,rnrii i= atloptrd in at-cordanc•t, t tt! Para^fraph 5 of :Article III of the aforementioned a,ret c • ^t under authority of (it% 'OC�X.., � Kt =cilutic7n \o. _ 3263 approved by the Cite Co inci! 432tX t)r,XX,,nX•"X)Cx on ---- May 15,-1_WZ_ --—---__—_-- Soe cope attached.) _ City of_Cuo_e_rtino Locn! ^^------ C' B% Tttl May, r, Cit Cupertino Cit 11 A1)jm << for S1a; • R. .I. DA'1 EL it, at' /�rth 1 t�ttson Cti,linecr Ut.i�ic,n of IfI"ll%%.t%S D,part:: ,•ro rrl• Public• Work,; 207 t7;721 d — T®PICS EXHIBIT "An • ? PROGRAM OF TRAFFIC OPERATIONS IMPROVEMENTS Supolement No. i y vk 7'E: April 29, 1972 PROGRAM NO.: to Agreement No. 9 LOCAL AGENG1: city of Cupertino Piviject No. Location & Description Total Cost Federal Funds Matching Funds" • -3072(15) In the City of Cupertino _ on Saratoga-Sunnyvale City State Road (Rte. 95) at the construction Intersections of Rodrigue Avenue and McClellan $102500 $33,410 $25,290 $43,800 Drive, install signals at intersections and Construction Engineering restripe. 12,130 !� 3,340 41P900 TOTALS $114, 3 6 0 ! $36,750 I $30,250 $47,630 � I I r i I S r 1 �1::al Ar^nev F,-1- unlrwa F fats orwr nr rq.-r r! �A t 1. All maintenance invalving the physical condition and the operation of the r�pto�,:ments, refereed to �prr iAl C'o%i nnnty or Remarks: in Article V11 - MAINTENANCE of the aforementioned Master Agreement will be performed by State at regular Intervals or as required for efficient opere.rlon of 'ae completed Improvements 1. The State will act as the AdrniniFtrator for the Project . 2. The actual funds for the Project will be set uri on the basis of contrict prices after bids for the work have been opened . City ' s TOPICS contribution will only be utilized at the Rodrigues Avenue intersection. If =additional Feder31 funds become available to the project, the funds will be applied as specified in the Cooperative Agreement . 3. The State Highway matching funds shown above for the project will not be available until or unless authorized by the California Highway Commission. i®Rla MCC 207 11771 — 2 — RESOLUTION NO. 3263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING LOCAL AGENCY--STATE, AGREEI•IENT SUPPLEMENT 140. 1 FOR TOPICS IMTROVEMENT PROJECT, INTERSECTIONS OF SARATOGA- SUNNYVAL£ ROAD AT RODRIGUES AVENUE AND SARATOGA-SUNNYVALE ROAD A`I McCLELLAN ROAD WHEREAS, the State Division of Highways has prepared a Local Agency- State Agreement Supplement covering a TOPICS i?nI%rove^«ent project for the intersec+.ions of Saratoga-Sunnyvale Road at Rodrigues Avenue and Saratoga- Sunnyvale Road at cClellan Road; and the City of Cupertino desires to uti- lize its allocation of TOPICS funds for the signalization and channelization of the said intersections; and WIIERI:AS, the said intersections lie within the. Cit• c Cupertino and are partia:ily within t,1C jurisdiction of ti]e State Of Califcrni�, ; and it is to the iiiutual ben:: it o_ the City and t.:,2 State to cooperate in the ii1 role-.-ant of the said intersections; and WHERF2,S, ti.e plan{ and specifications have been prepared b: the State 3rid the State ..;11 act as the COI]tr,-Gt1P.g agelit In acc:;rC.ctnce with file to-,::s of the agri emc—;?- ; :.�::, i'HI'_➢:_r i_. 1r FESOLV D t :4L the City Council don 5� .le I' tit% LerII:s and, outlined in tiie. Local A,,;enc_--State ri'_e:.:E'I]t Sup1)1.e- ment ..o. 1 far 'ir-J provi,ling for _i.e signalizLiLiei] _­.diim"pro".•E::.'.int of the intersections of Saratoga-Sunnyvale ??.oad at Rodrigues :'_venue and. Saratc ,a- Sunn-,`vale Road aL :'`cClellan oad. BE IT FURT:ii = ?LSOLVED that the mayor and the City Clerk are herLby authorized to execute said agreemerit in behalf of the City of Cupertino. PASSED A`:D PTLD at a regular meeting of the City Council of the City Of Cupertino or. the 15th day of May 1972, by the following vote: AYLS: Councilmen - Irwin, Jackson, Meyers, Sparks, Fro] ich DOES: Councilmen - None ABSENT: Councilmen - None e o ATTEST: APPROVED: a fs[ WM_ F_ Rvder /s/ Donald A.Frol icy City Clerk Mayor, City of Cupertino t t e»e�� A G RE E'-.. .6 f E EN COU:".1TY OF S-'--.­TA. vLARA NND T!,: CITY D:F C RT I NO FOR i R-A-�S FEE L' F 13 P-CS FUNDS This AGREEl-IL-NT made and icered into this day of by and hetween t•ie COUNTY (,)F' SA-�iTA Ca polit4l SL:br4 A. .vision of the Statc, cl- California, lllereina4fter re-ferred _u as "County", and the CITY. OF a rw--:,iicipal corporation of State of California, hereinafter referred to as, "City"; i N E - S E. -ri TOPICS funds wliich are prosently 1-7 t v as b e,:!r, a 11 o c a -4 R*17AS, tlic- r,'ii.ch CJ tv Wizihe,3 C-unc.,, ga--, dollaf.=. at t c; rate nr nines ' y-fi v (95) center gai, -.one-}' fC-,r ,f TOPIC'S I-v th-- d- ,n a C,T.- .0 C t of Supe Lnj:, ii,: T'j' -S C L-1 1 t- Z) o r City to t r --i a -±l)e r ap p r-1 r t L n"- Cou.--%v c,t E:i.--, an --a:: f co I T C S v n L[IC o gas ra-:-� -i-,xicy for n. MOU-)LS Fis ca C IL-,Di A'.--int A. 111 Nt r iD E- o 1 to f'-p L -S t r Jyy 2. County agrees to pay City on or before December 25, 1973, ninety - five percent (95/.,) of the unencumbered TOPICS funds allocated to City. IN WITNESS WVEREOF, the parties hereto have executed this agreamlent the day and year first herei:7above set forth. APPROVED AS TO FOPUM COU\'TY OF SANTA CLAP.A 01 Az 1*1 1Jeputj cun�. '�(;cu�ru9 C;airc ar., Bc�zr,: ^f �� FenTisors "County" SEP 2 6 197Z ATTEST: CITY Cr CUPLRTI'_:0 honal d Ral-n , Cle r. Board of Supervisors By: ---- Ma•:or Arid: --- city Clc.r: AP?ROVED AS TO � ,a 7 a s RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CITY OF CUPERTINO FOR TRANSFER OF TOPICS FUNDS BE IT RESOLVED by the Board of Supervisors of thi County of Santa Clara that the Chairman of the Board of Supervisors is hereby authorized, empowered and directed, for and on behalf of the County, to execute that certain agreement with the City of Cupertino providing for the transfer of TOPICS funds. PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Clara.. Stete of California on C 197k 9 by the following vote : AYES : .gA1F MENS, SANCHEZ,Q'ijiT.rd,SAWO,CORTESE NOES : N:`;Nt' ABSENT: � ' Chairman, Board of Supervisors ATTEST : DONAED M. RAINS, Clerk of the BoLd of Supe viso . �j„ The foregoing inSSfU;'?Cfti i5 3 correct copy of 'fie ATTEST: DONALD M. Rr.VVIS Cie ' of n-te B,aTd APPROVED AS TO FORM: By r DEPUIY CL'RK SEP 2 6 1972 Assistant/D uty C my Counsel DATE :. mAw"A�,��"' l3-.✓�� _ d{ "" , AdW STATE OF CALIFORNIA-BUSINESS AND TRANSPOVATIOM AGENCY RONALV REAGAN, G*.e, _r OEPA WENT OF PUBLIC WORKS 1120 N STREET guam SACRAMENTO, CAUFODGA 9'3R14 September 1, 1972 The City Council City Hall Cupertino, Calif. 95014 Gentlemen: In my letter of March 23, 1972, I was pleased to inform you of your share of the apportionment of Caiifornia 's federal TOPICS funds for the 1971-72 and 1972-73 fiscal years. An a�tachment to my letter gives deadline dates for reserving these and the 1970-71 fiscal year funds previously apportioned to you. These dates were as follows: 1970-71 F.Y. January 1, 1973 1971-72 F.Y. November 1, 1973 1972-73 F.Y. November 1, 1974 I now find it necessary to revise the deadline dates for reserving your 1971-72 and 1972-73 fiscal year TOPICS funds. The Federal Highway Administratinn 's recently released obli- gational authority for fiscal year 19'T2-73 is, for the first time, by specific programs rather than one total for the entire Federal-Aid highway program. The obligational authority is the dollar amount of projects the FHWA will allow to be funded in a fiscal year. The obligational authority specified for TOPICS, $25 million, approximates the total unreserved 1970-71, 1971-72 and 1972-73 fiscal years TOPICS allocations. In order to avoid jeopardizing future federal Handing levels, California must, by June 30, 1973, use the entire obligational authority provided. To accomplish this, the TOPICS Advisory Committee has recommended the following revised deadline dates for reserving TOPICS" funds: c-N 1970-71 F.Y. January 1, 1973 � \ 1971-72 F.Y. February 1, 1973 1972-73 F.Y. February 1, 1973 �► El Page 2 September 1, 1972 TOPICS funds, as previously stated, may be reserved by the following methods: I. Preliminary Engineering: A. TOPICS funds may be reserved for Preliminary Engineering to prepare an areawide TOPICS plan by submittal to the appropriate district office of the Division of H g5�ys or as Study Proposal and a request or authorization to proceed with Preliminary Engineering. B. TOPICS funds may be reserved for Preliminary Engineering to prepare PS&E by submittal to the district of a Project Report and a request for authorize on to proceed with Preliminary Engineering. II. Right of Way: TOPICS funds may be reserved for acquisition of right of way by submittal to the district of right of way maps, estimates, RAP plan, and a request for authorization to proceed with the acquisition of right of way. III., Construction: TOPICS funds may be reserved for cons,�;ruction by submittal to the district of PS&E. IV. Transfer of Funds: TOPICS funds may be reserved by transfer to other eligible agencies that can meet the deadline dates. Official resolu- tions by all agencies involved in the transfer are to be executed and submitted to the district. Funds not reserved as indicated above or assiff4ed to another agency a dea.311nes stated above for each fiscal year's funds, revert o LEE Department for reap2ortionment to o ner . oea a ena es or State hi&nny projects. To enable the Department to take action to ensure the obligation of these funds, it is important that I have an estimate of your ability to meet theae revised deadlines. If it appears that you would be unable to meet the deadlines, please indicate the reason. In either event, glease submit your reply to the approRriate District EngLneer by October 1,g 1,972. Page 3 September 1, 1972 Daring the past fiscal year, as a result of your cooperation, we were able to obligate $33 million of TOPICS funds. I realize that our new goals will again require a strong effort on your part but I am confident that cooperatively we can meet the challenge. Sincerely, JAMES A. MOE Dir c or of Pu 1 c Mork P Chief Q."D+rodor • trocAt Ar_, C_ueertino, DATE _ri� c� SUPPLEMENT NO 1 TO t-OCAt. AGENCY —ppSTATE AGREE`1EiT NO ,Z_PROGRAM ®f LOCAL AGENCY TOPICS IMPROVEMENT PROJECTS in the _City of Cupertino Local lgtncv Pursuant to the l•rltan Area Traffic Operatioc- Improvement .act (commencing with section 2.300 of the Streets and IIILh%ay:4 C(de) and to S•ction 135 of Title 23 U.S. Code, the attached "Pro- gram" of Traffic Operations Impro%ement- ri.arked "Exhibit ?1" is hereby incorporated in that Master A,ret-meet for the TOPICS Program which was entered into hetaeen the afy)ve named LOCAL AGENCY anvil the ST_ I E on__ September 20 1971 and is =ubject to all of the ternl�4 and conditions thereof. Thc• -uhjc•c•t pro,ram I- adopo, d in acc-ordance %ith Para^raf• -, of article III of the af,,,re,r.enr. or.,,1 agre,•mt"nt untd,•r authorit_: of (It.% '0FaGt-Yy H( -oiutton No. _'263 :ipproti ed b% the City Co,.— i l 13xXCtxk:6oq;cx�c ixx. ,,r• _- _ _ .Sayt.-15+_1972---.------ f"•�• copy attach-1.) City-of Cuo-ertino -----_ -- Leal 1gsa.'�-- -- B rttlr Mayo , City Cupertino Attt•-t. City ��,d,r,.,•"; f<,r �t,tir• K. J. DITEI Dt\,t-tun t,f IIt,h..;:� , opv, .,r r :K1 2.'121 r T®PIGS EXHIBIT "A" `= PROGRAM OF TRAFFIC OPERATIONS IMPROVEMENTS : r Supplement No. 1 0.4.E: April 23, 1972 PROGRAM NO.: to Pgreement No. 9 LOCAL AGENCY: City of Cupertino Project No. Location & Description Total Cost Federal Funds Matching Funds* s3072(15) In the City of Cupertino on Saratoga-Sunnyvale City State Road (Rte. 35) at the Const uction Intersections of Rodrigue Avenue and McClellan $102,500 $33,410 $25, 290 $43,800 Drive, install signals at intersections and Construct on Engineering restripe. 12, 130 3,340 4,9"0 3• �� GALS I $114,630 $36,750 I $30, 2.50 $47, 030 l I 1 I ` �hcal Aarnav Fundy uni••ee urn�rw't 8� .p.citi�•! Speciili Co%eruints or Remarks: 1. All maintenance. involving the physical condition and the operation of the improvements. :eferred to in Article VII - MAINTENANCE of the aforemeat►oned Master Agreement will be performed by :Tate at regular intervals or as required for efficient operation of the completed improvements. 1 . The :state will act as the Administrator for the Project . 2. The actual funds for the Project will be set up on the basis of contract prices after bids for the work have been opened. City ' s TOPICS contribution will only be utilized at the Rodrigues Avenue intersection. If additional Federal funds become :available to the project , the funds will be applied as specified in the Cooperative Agreement . 3. The State Highway matching funds shown above for the project will not be available until or unless authorized by the California Highway Commission. FCQV MCC 297 (2 721 — 2 — FATE Of CAI-l"02 IA--BUStMESS A-40 TWOPORTA710N AGENCY OF HIGHWAYS -.C. r^n 3366 RSNCO" ANN" � :AN .ANCISCO 74179 "o v-ember '1 6, 107" V T-'zO 2r j" ,L L.. Mr. Lee v?_rbo c'ur:n Director of Ptah-_c 33 J l �o•'.i.'" !ram f�r%'.n+^n,-; for .7 �s^r —n'. ^'i^ - ,^--. '.'��_.L^+. o - 1 We . v0 - • LOCAL AGENCY-STATE AGREEMENT Traffic Operations Program to Increase Capacity and Safety TOPICS ols EMU clam ClMrotim District County City AGREEMENT \o. 9 SoI.ASTER .AGREEMENT URBAN AREA Name San tU=lSC0 ktatd_ Jose URBAN .ARE:A N 3D72 #h THIS AGREEMENT. made in ���$�___�thi= �- day of 19 by and bet%%een ths QUY of fQwerwm — --Political -ubdi\i. is n(-) of of California. ht•roinafter referred' to a:= "LOCAL .AGENCI-", and the STATE OF CALIFORNIA. a(' tr.2 ifs art' thrwuuh. the Dig i-ion of ElighN%a'::= of the Depart- r,ent of 1''_Ff(ic IEurn her=. -„zftcr r I(,rrt'c' to a- ' '-�T:1TE—. liio ITNES-ETH: ti11IE1tF1-- th Cc: _re (.: tht' [ .,._ ;? St..:e, ha- in.. th- Federal-:did fll-L, ti%:a: Act of :9r,, d•'r. rc'(I ._ (; ir. •_. na'it,-a? in, -re :or Fet!t',aI Fue-!- to b- c-\pended for a TOPIC p:v�'ri.:' \n]C'i. C't . ^1 t of ,!":7,, trt?ff?(' oilrt '';l:', iC:pr(>L^...,. ,..- on.. a \".�teC?aCic Oasi? in accord is \.Ii :]' art' C,id?• n!ar oo.or a i:C•:.\ur!: of art+'rlal and Jtr, 'f M'ljor .;treet� within urban Z11 I'P%F, 7-. th• Lt _. •latur• of tnf' ""arr. of Califorrlla ha- Chaptt•r 1141 of the Sta-'Ute- 1961. i?% %hw" fun '. al.i!:t]r-::zoo bf ailsible for use on Coll^ty to r(•.''.it t' iiaff it' !VF: :lt)11 and to f tc:!:ti.tn th— ftoA1 of ..tffit., ir. _rls;?:t ar; ,.- li. iit ._ 1_1WO ',t 3:1, t'—" 'tr'. of .. ".!` rf_I rtt'i; 3rtl !1I(I':HE \ . .;a'rt t. a .,. ;, 'lli.._ .:( , ' f;;r traffic calf: , 1 ir.pru%"t':.c :Jt)Ui'.,i'_-. - O 1.()( XL A()'E N('l anti --i Vi'E: tC, r i"o u=e of _ci'!: TUI'IC'� :v It.. d LOCAL A iENC Y: r,nd 4t IIVIZL 1�, hr f .:. I't .Ie.a'-... ? '.t :I! I; r .. ' i( ') fc T'C1I'IC`� pr,i-,ran'.. I.CIC 1!_ .AGF V 1 nn I �:-I A I'F an rr CI Yrt' , tsi l' , ,. ttr a:, "(', C. . r.. In't't to t!; f�frl]ar_:':tr: (fi a;t art ,. I.It• TIiPWC h _... and of =uc'r. I OPIC brut t nt In't);' , . a, . .a. bJ- flL.t';rt l .n r c-r, t'. ..,. ft'rlt•ral TOPIC.. t... . TIIFRFi IT I A AGREE'' ): The :art'_., id,- Pi:in zli"d P 'p) o-1 too-ethor tt . ,. rl-'( 1, 1,—p: n! t1i,f"C'i� a- n:it I. flr::]r. 't• I v', :t^ TOPICS f..,,tl: to,.II comer:. v', ltf. t of Puhl: Iio itl�o rc'ft rird to r,'Ir,:iftt,, a-- Iir'`: for l;ur( ..ci) I' ',;t v rt;r 11'rr,c"',If::. d ._., 1_" -(t rot'orr; ,! to he . ..iftr'r a- PPNI) 1-!♦ nn(i TOP/CS A(:REd�'.4lF',W'7' ARTICLE I — CONDITIONS 1. As a condition for Federal "TOPICS" Funds participation in an Areawide "TOPICS" Plan and Study Report or in a TOPICS improvement LOCAL AGENCY shall prepare a genersel plan of highway improvements on local roads and streets and State Highways within the bound- aries of the urban area designated by STATE and approved by the G.S. Bureau of Public Roads based upon a continuing comprehensive transportation planning process meeting the requirements of Section 134 of Title 213. united States Code. 2. Any such transportation planning process within an urban area of over 50,000 popu- lation or which will soon be over 50,000 population shall be conducted in substantial conformance wish Bureau of Public Roads Police and Procedure .Memorandum 50-9 and any such transportation planning process with a srnailer urban area shall conform substantially with BPR Instructional Memorandum -,0-3-69. The U.S. Bureau of Public Roads will determine which category- applies to an urban area and STATE will furnish LOCAL .AGENCY with copies of the applicable Pro- cedural or Instructional Memorandum. 3. Except for those functions specified in PPM 21-IS TOPICS funds may not participate in LOCAL *AGENCY \-�xpendjtures for the continuing comprehensive transportation planning process nor in the preparation of the general plan. ilhen approved by the BPR and agreed between STATE and LOCAL AGENCY federal highway planning funds may participare in the cost of :-uc•h planr.inct. Fcder<il TOPI('S fund; mad participate only in the areawide TOPICS plan and -turfy report or in TOPICS improtie^;cent pr^ojec•t a provided ht•retn. i. Federal fund- .7aY participate only in work' which has been officially prograrnmed to a-ri npprcnr•d h. the Bureau ([Public Road ;n advance of its performance. ARTICI.E II — AREAMDE TOPICS PLAN AND STUD]' DEPORT 1. IAWAI. AGENCY -hall with or without federal-aid prepare or arrange for the prepa- ration of an Aroaw ile TOPI('S Plan and ­�tud Report conforming to the provisions of PPM 21-111, and this acreernent. The area to be co\ered. the e-tmnated cost, and the method of financing are -et forth ir. the attached Exhibit "B T tc, unit dc-i_nuteci in Exhibit "B" AM ;er%e a>• a ('00RDINATING AGENT to represeni. l.O('AL :AGEN(')' In tran.-�acrion- with STATE described her?in as being the respon�i- iatltty of ( `ORDINA G AGENT_ r'OMMIN \TING \GENT wall bo r( sponsihle for coordinating the following operations %+ ithin kl- ')oundaric of LOCAL \GE\('1" and v.-here applicable with similar operations in juri.•dictfo::- contiguou- tL, LOC.\L AGENCY. (u) the selection of a Type 11 Federal-aid primary •stem. (b) the conduct of corprehensive traffic engineering studios.. (c) the preparation of a :,(-rend p!an of highway :•-.pro+er;c-nt.s. (d) the preparation of an .Areawide TOPICS Plan and Study Rep:art, (e) the ewct.on of TOPIC- IMPROVEMENTS, and (f) the determination of TOPICS IMPRO\ EMENT prionti4--. COORDINATING AGENT wall also perform all other acts nec•c•ssary to coord;rl.j.te TOPIC'S program operations at the local level in conformance with all applicable -take and federal !uwr. rule-. regulations. z,nd operation procedures. IORM HCC 208 10/69 —2— ' - 0 0 TOPICS AGREEMENT ' 4. Unless specifically set forth otherw•i=n in Appendix "B" all data for the Areawide "TOPICS" Plan and Study Report specified in PPM 21•I8 is to be furnished by LOCAL AGENCY, or by a cons•ritant under contract to or in agreement with LOCAL AGENCY or its agent. 5. When a portion of the Areawide TOPICS Plan and Study Report is to be done by a consultant with federal-aid, the agreement or contract with the consultant shall be subject to Article VI. Paragraph 3, of tHs agreement. 6. Upon completion of the General Plan of Highway Improvements, the Areawide TOPICS Plan and Study Report. The Primary Type II System and the list of traffic operation improvement priorities. thcy shall be adopted by the local governing body and submitted to STATE in sep- tuplicate with the following: (a) With respect to urban areas in excess of 50,000 population a statement by policy committee of the local Urban Transportation Planning Study attesting to compatability of the proposed Type II SN•-tem and improvement program with overall urban planning. (h) .suranc•a that the TOPICS plan and TNpe 11 System has been coordinated with con- treuous urisdic•tions where applicable and that the recommended plan of development has been coordinat-d with plans for local public or ma-s transportation services with possible plan: for fringae parfi:nt:. and with airport access ;Manning. fr r \�-uranc e that or not federal-aid i- granted for the purpose. LOCAL AGENCY ::und- r ,mplar• c•nt the a(iopted plan of traffic operation improvements within a rea-onable D"r°od to •,.,, that i;-r ,rav be done• Kith a%ailable funds. -uhn•itted material for conformance %-.ith federa requirements and h::c ;; a;.;,r•,�:cl of t} + 1 B ;rrau of Public Roads. LOC_AI. AGE\C1 -} ;ili retain apprcc�ed TOPICS plan. report, and all -upplac:c•ntal ;air, for :-T1TE „r F,,drr;i1 po(-tion for a pariod of three years following final pavment of any f-deral f: .•}- \chick ;,a� p:+rt.r .p;rta .n the TOPICS plan or improvement:; included in the plan.. -IY.TIC'LE III _ TOPICS I\iPRO\ EME\TS Th(• tern:. "TOPIC 7- 1\1PROVF.:\lE\T­ as u;ed herein mean; any construction that i- part -Aith federai fund prosided in accordance %ith Section 10 of the Federal Aid ". LOCAI. AGENCY ma.v -ubmit f-)r con-ideration and appro\al of STATE: and V.S. Bjr,,au of Public Rcx ds for TOPICS improvements when the following item, described PP\l 2 -I 1� haoc• },ern completed or when the.\ are in preparation with reasonable expectation ufJx ink (-m-.1leted within I, month-: a. The general plan of Iiigh%%ay improvements. h. The ArewA-1dv TOPIC'S Plan and Stud\ Re Port. u- The official Typo 11 Federal-Aid Primary Highway Svstem. ci. Tho lirioriues for tha proposed TOPIC'S improvements. I; 1%hen th-• Type 11 Fc•deral Aid Primar% HighKa� S\•stc•m ha= not been c fficiall approved the l Bureau cif Puhl,k- Road., an% progi-:zm of TOPICS irnpru\ements must be precv•ded by the and approval of a "tentative" Tvpe 11 SY.;ten, which conforms substantially to section 1 of PP\l _'i -I�. QF/d HCC ZA 10,69 -a- e 0 0 TOPIC'S AGREEMEN'T s #. When the areawide TOPICS plan has not been completed and approved by the C.S. Bureau of Public Roads any program for a TOPICS improvement must be accompanied by a show- ing that the proposed improvement can reasons! ly be expected to be high on the priority list to beestablished in said plan. 5. The program shall be in a form prescribed by STATE and shall designate the federal funds requested and the matching funds to be provided by LOCAL AGENCY and if a State High- way is involved the matching funds to be provided by STATE. Adoption of the program by reso- lution of the governing body of LOCAL AGENCY and approval by STATE shall cause such program to be a part of this a-.;cement as though fully set forth herein. 6. In processing TOPICS IMPROVEMENTS, LOCAL AGENCY will c•onfonn to all STATE statute regulations and procedures relating to the TOPICS program and to al! applicable federal laws, regulations, and policy and procedural or instructional memoranda. This include- the holding of public hearings when required, the publishing of various press notices, and the prepa- ration of study reports, estimates and plans. i. Unless otherwise designated in the approved program. TOPICS irnpro%ef-ents N 111 be constructed by contract in accordance with regular federal-aid primary and urban fund procedure Such procr�dures require the use of Standard Specifications having prior V.S. Bureau of Puhlic Road- approval. Bureau approval of plan special provision and otirrated co-t- prior to ad- verti-ert•nt_ a certification b*N' LOCAL AGENCY with respect to the rtgt.t of way . ad:c•rti-t•r:ent for it mirt-- uns of 3 week- prior to bid opening. and prior BPR concurrence in the ac+ard and acc•eptancr• of the contract. The contract will be awarded by 1.0C'AL AGENCY. it- agent. or b� ST%TE ~wy be determined betxner the parties prior to each project ads erti- r or. it �n a TOPICS IMPROVEMENT include- work to be, porforrr^d b r::;lruad. the contract 'a. - ;c-h %%ork -hall be z,n rred into by LOCAL AGENCY or bY ST 1TE:. a- partir•- hert•to akree. A + �>> tract ontered into b, LOCAL AGENCY for such Aori !nu-t hw.e prior appru> al of S'f 1TE:. i t i-her e%nnt. LOCAL AGENCY shall enter into an afire er.-t,nt %ctth the r;tilroad pro- dding t'1,r a;nt(•nance of the pro, ectt:e devices or other fecilitir•- 1n-tallod under the contract. J. L.-OCAL. AGENCY ;hall pro% ide or arrange for adequato -uper% i-ion and in-poc•tion of each TOPICS irprovement. contracts awarded by STATE_ 11ith prior I'.S. Bureau of Public Road- approyai. suryeyina. inspection and testing may be perforn-jod by a con.:-ulung engineor provided overall super;i.or of the contractor's operation- and progress i- performed by an emp?:sync or emplo%ees of LOCAL AGENCY. V). STATE shall exercise gr•-:eral -upernision over TOPICS irnpro%er.(=nt and may a--ume full and c;;rc•et control o%or the co :':cact whenv%er STATE. at it= -olo di-crotion, -hall determine that its re-pon-i7ilit_ to the Vni,,-d States so requires. LOCAL AGENCY contract- -hall so stipulate. 11 . 11jth Bureau of Public R1;ad- approval, a%ailable federal TOPICS funds maYparticlpate in an evai,jn—ion of the effectiyer.c-- of the TOPICS improvement- as compared to those estimated in the stud~ report. In any event LOCAL AGENCY agree- to conduct it TOPICS IMPROVEMENT EVALVATION PROGRAM as outl;ned in Section It) of PP\l 21-1s+ with or without federal aid, and to repOrt thr• r(,ult of -amc to STATE. FORM HCC 239 10/69 —4— TOPICS AGREOs',IlF.,CT ARTICLE IV -- RIGHTS OF WAY . No contract for the construction of a TOPICS IMPROVEMENT shall be awarded until the necessary rights of way have been secured. Prior to the advertising of a project on a local street, LOCAL AGENCY shall certify and upon request shall furnish STATE with evidence that necessary rights of way are available for construction purposes or will be available by the time of contract award. 2. LOCAL _AGENCY agrees to hold STATE harmless from any liability which may result in the event the right of way is not clear as certified. The furnishing of right of way as provided for herein include=. r. addition to all real property required for the improvement, free and clear of obstructions ana encumbrances, the payment of damages to re.-I property not actually taken but injuriously affected by the proposed improvement. LOCAL .AGENCY shall pay from its funds. any costs which arise out of delays to the contractor because utility facilities have not beer removed or rrlocat.-d. or because rights of way have not been made available t) the contractor for the orderly pro=ecutK a of the work. 3. Subject tc) STATE approval and such supervision over LOCAL AGENCY'S right of way acquisition procedure:- as STATE may determine i- nece,-ary. LOCAL .AGENCY may clam,-, reimbursement frorr. Federal funds for expenditures to purchase rights of way inc uded in an approved program. 1. 4lhether or not Federal-aid i- to be reque-ted for the p;rrclia-e of right:- of wa". should LOCAL AGENCY. acquiring right, of writ for a TOPICS improvem(nt, displace an ind;%tdual, family, bu:;�in('ss. .' ,-r op(•ration. or nonprofit organization. it will place in operation a Relocation Ass)strance and P t- Program a• ,,,qwr;=d b\ Chapter .5 of Title ')'i U.S. Code. Regulation-. proc(Auri•: and in-,r,ction= for conch, cL;ng a Relocation Assi-lance and Payment= Prof-yrar ar(* available up,)n rec;,�•<t a., anY Di-tri( < Oflit e of the Di\ i-ior of Nikhwa%S. ARTIC'L.E \' — FISCAL PROVISIONS 1, 1%hcn ra Tt)PIC:S I\1PROVE\11ENT contract i- to h^ awarded by STATE. matching fund= will he depo-iteli •A -_ -'I \TE by L_O('-\I- AGENCYprio,• to bid opening or within lu da\- of being notified (:f vhf- `.r)u( -t -ati=factor-, =,id rec•cived and th+• amount of local funds required. Lard tc)tal c,.�-t of TOPICS project-, the arnount- of Fe&,,ral-aid pry aramnic-d. and the mr:tching i:~ •r rt agreed upon .ma\ b(• adju-tees b\ rnutuai cur,ofit of the pat-tie- h(•reu). 1)170v rdi'd fund rim• .'.`<s. :.iiaif• to cuv(,r and pro% idea' I .�,. Bureau of Public Roads con- cur- in an'. in('74 ;z t,;(' t' <•t!('ral i::f'. Tr, a})plie- both t,, %r(•aw ide TOPIC'S Pian and Stud\, Report dc ,rrii;,ri e_t,rr;uted ir; the aUa.-he(i Exhibit "B" and to TOPICS improv(-n.t•nt added h('rf ti) h\ proxrr.s'! ac c•on7anc(, w ith \rt:( w Ill. Paracrauh :{. I , in - ua' by LOCAL AGE\('1 of ac•c•('pt:,ble ducur entation Of f•xpc•nditure- for an Ar(,awide TOPI( - Plan and Study Pr-port or for provamr.f•ci rand upproi,ed TOPIC'S in: )ro%e- ment<-. ST vrE w c,a\ ,t agr('t d -hart- and will ad%anc•e an dr^ount equal to the legal pro rata federal share of .:t c=,-t- bt,he\cd to ,( ehizible for partic,:patron with federal funds and will Voucher Burt•au is P,,b!w Hoad- for -ub-equent reimbur-emmer:t. Tf•n percent or -uc•h other per- centage of the t),.d; arnour.t clue a- STATE: n;a% determine i- nett-sary to protect STATE'S interest will be w,-- :(•;d until the c•or.,pietion of .;uch audit- a- n;ay be required by STATE and I .S. Burc'ritr of Puh; Rood 1. LOCAL \CAE:\("1 -hall u-e " .,)nfcdf'ral" fund- to finance the local sharo of eligible co-ts and cxpend.-,_r(•-. ruled inehgnbie For financin:_g with federal fund:;. STATE shall make preliminary of c !i;� hilit\ for ft•dcrai `kind finan(•;n,,. Ultimate determination -hail re-t with the Bur.>:. of Public Roars \n\ o\orpr.\ment of amount, due shall be returned to STATE upon (lerran( . FORM HCC 208 10.'69 TOP/CS AGREEMEN T • 5. When any portion of a LOCAL AGENCY project is performed by STATE, charges therefor shall include an assessment on direct labor costs in accordance with Section ST55.1 of the State Administrative Manual. The portion of such charges not financed with Federal funds shall be paid from funds of LOCAL AGENCY. 6. Should LOCAL AGENCY fail to pay monies due STATE within 30 days of demand or within such other period as may be agreed between the parties hereto, STATE, acting through Mate Controller, may withhold an equal amount from future apportionments due LOCAL AGENCY from the Highway Users Tax Fund. T. Auditors of STATE and the United States shall be given access to LOCAL AGENCY'S books and records and shall be given such assistance and information as is requested for the purpose of ^hecking costs paid or to be pstid by STATE hereunder. Deposits of LOCAL AGENCY with STATE determined to be in excess of project needs will be refunded. ARTICLE VI — MISCELL.ANEOUS PROVISIONS 1 . Thi agreement shall have no force or effect unless and until its pro%i=iun< and the project- ha%e been approved by the U.S. Bureau of Public Roads. _'. The Congre- of the United State-. the Legislature of the State of California. and the C;oti(,rnc,r of the State of "al!fornia, each within their respective jurisdiction.. have pic-cribed certa ir, cmplcr%,ment practice= with respect to contract and other work financed with Federal or =tn fund-. LOCAL AGENCY .--hall insure that work performed under thi agr-en.ent !- dc!r,e in conforn„arse with rule and regulations embodying such requirement- where they are applicable. An,, agreement or -on we contract entered into by a LOCAL .AGENCY for the performance of work connected with thi= agreement shall incorporate Exhibit ".A" attached hereto. or -uc-h other propr-,ora a STATE or 1*.S. Bureau of Public Road may prescribe. a. Nhen Federal fund are to participate in the cost of work done b% a cor.-l.itant. the agreement or contract Aid- the consultant ma,, -!ot be executed or awarded until the — action of the con-ultant and the term= of the agreement or contract have been found hs STATE to be in ronformance with U.S. Bureau of Public Roads Police and Procedure Memorandum :ti}:-.ber 40-6 and have been approved by the U.S. Bureau of Public Road Such agreement or contract shall include ;c prop i-ion that the work and records of the consultant arc- -ubject to in�pcc*:or. at ail b� reprk--or.tatiye of LOCAL .AGENCY. STATE and the Bureau of Public Rc,acj- and that agreement or contract may be terminated b� LOCAL AGENCY upon a finding that the con-ultant i- failing to live up to the terms of the agreement or cont.-act. .All major charge- ,n tr,e agree- ment or contract must have prior approval of U.S. Burt-a;: :; Public Road=. All -ucF, approval shall be requested through STATE. As soon as agr^ement or contract %,th consultant ha, been award-d five certified copies of saki agreement or contract shall be -ubmitted to STATE. FORM HCC 206 10/69 -6- . TOPICS AGREEMENT .. 4. (a) Neither STATE 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 a LOCAL (p AGENCY" under or in connection with any work, authority or jurisdiction delegated to a LOCAL AGENCY under this agreement. It is also understood and agreed that, pursuant tc Government Code Section 895.4, LOCAL AGENCY shall fully indemnify and hold STATE: harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done ar omitted to be done by LOCAL AGENCY" under or in connection with any work, authority or jurisdiction delegated to LOCAL. AGENCY under this agreement. (b) Neither LOCAL AGENCY 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 STATE under or in connection with any work, authority or jurisdiction not delegated to LOCAL AGENCY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 595.4. STATE shall fully indemnify and hold LOCAL AGENCY harmless from any liability im- posed for injury (as defined by Government Code Section hl(l.b) occurring by reason of anything (lone or omitted t, bo done by STATE under or in connection with any work, authority or Juris- diction not delega.-d to LOCAL AGENCY under this agreement. If sTATE 1- nanied as a defendant in a -uit In, olving a local highway. LOCAL AGENCY will at rectu­i of STATE ;i_-ume full r—pon-ibilit\ for the conduct of the defense or w ill pro%ide such a--I •tancr' a- STA"I'E ..a,. re`yu;re ants wiil pad an% judgment-5 issued against STATE and all co-t- in cc)rucci;f)n (eitr, the defifnse. STATE re-erkes right to represent it.=elf in an,. liti- gation in, ,(liicii •I A'I'k: S ititere-, are at Ptak,,. ii. Should there he it conflict between. ~:e prop i-ion- of the attached Exhibit "B" and other pro% i-ion- of tali- a reercer,t t^ )-e m Ex . ir. B hall appl}. AiNTi \ ANCE 3. I lwn ac,•f•ptancf' h�. the a��:ird:n�, (vt .Or,t� Ca coir•pleted TOPiCS project, Of up+rn tl;e contrii,-tr" )r 0.(' rC I)r)n�i•blllt� for -i aintain.tng and protoctine a portion .a •)'!` �kork. ija' atz,!ii"\ hii%•n^� I'lr.,(ii('iiOr: r�­r iite, ti''.'e[ ,hail .',Ali twin the comliletl•d w-(Hk in a m nnf r -ah-t'actor� to t"s.e 'iut;(,.,Lori repro_,` tat;�c`� of thf• Vr,:Ied State•-. If. within 9O d:iv- sifter receipt of �ocic tf froii; i-T \ I'E ;hat a l)rr);r`c t im a -troi't under it- juri-,fiction or any portiori thereof, it not hei;:_ pro;)erlt r.aintiiined. LOCAL AGE':('Y' has not -au:-factonly re•mediod the condition- co;;: �;ai ned (if. the appro(al r)f furthor Feij,,ral-aid project- of I_l)('.AL .AGENCY will he withheld until the prof, . - ;all have been piit : i a condition of c.aintenancv -atisfac•tory to ST ATE iir i the Barewi of Puhh }icxid _'. The c,;c:r;t(`n:iitcc referred to is par,er;wl- ', uho%r include- r.ot onl% th(` phv-ical con- dttn)r• of the fac•itiit`, bui its 01wriitiun a- �%cli. Traffic operations ir.pru�ewon't- on local -treet -hiell hr' ,, aintainr•ii at ro co-t ;o th(• I Bureau of Public Road- or STATE- bM ;in ti(lf`(luatf• Mid cell triiuned -tuff of traffic engineer, and technician,. Said ina;ntenancc :.toff may })e em- Ido' t' of it 1AW,%L AGENCY. another unit. of Jzokern.mont or a con.-ultai:t under contract with a I_(K'Al. AGENCY. The maintenance referred to aho%c includes nl ;o :ink traffic regu'ation- or ordinance-- nccc--lir,. for the operation of the not%%ork inciuding the prohibition of parking at specified time- and control- (»or the direction of tra%el. The ri•yuired local regulations or ordinances shall be ,4Wcifjed in the d(•sign -iwi\ report and LOC'AI. AGENCY shall furni-h STATE with evidence that the ha)(- hoon adupted. prior to final ace•eptance of the completed lcork by the U.S. Bureau of Public• Roads. No change shall be r:iade in =uch regulatiorrs without prior approval of the U.S. Bureiiu of Public Road unles,, LOCAL .-AGEN('Y" ha., a traffic enginvering unit within its oc%n c,rganization functioning in a manner acceptable to said Bureau. It is agreed that angle parking adjacent to the through traffic lanes is not to be permitted at any time in the future withir the limitss of an improvement project that i-: financed in part with TOPICS or other federal funds. FORM HCC 208 10/69 —1_ TOPICS AGREEVEVT M WITNESS WHEREOF, the parties have execrated this agreerr,ant by their duly authorized officers. STATE OF CALIFORNIA CIT Y OF •� Department of Public Works Division of Highways J.A. LEGARRA By or _> State Highway Engineer ice o► By �- . .- = �,,--�r-�dx.-L _ ATTEST: HQ Federal aid and City-County Projects Engineer City Clerk f Approval Recommended: �Pt•'TY I�astnct Engtncer By ------ — - District junt, ('r,,, Ct, Frtytrt�cr ATTEST: -- — —-- ------ ----- Clerk- of E3oa,J Appro% •d as to Form and Procedure: ArTorne), Department of Public FORM ri_C 208 10i59 —jj— t F seeWill EXHIBIT A s Xc>7di�criminatiti,r. F'rovi::ion�: During the performance of this contract, the contracwr, for itself, its as.•ignves and suc- ces-ors in interest (hereinafter referred to as the "contractor"), agrees as follows. i. C(:mpli(inve rr'ith Meyulafi,nx: Tine i ontractor will comply with the Regulations of the Department of Commerce relative to nondi--icriir,ination in federally-a:,;.sisted programs of the De- partment of Commerce (Title 15. Code of Federal Regulations. Part A, hereinafter referred to a5 the Regulation-). Nhich are herein incorporated by reference and me• i�• a part of this contract. '_). The contractor. with regard to the work performed by it after a.c•ard and prior to completion of the conL-act %(irk, %ill not discriminate on the ground of race, color. or national origin in the seiection and retention of subcontractors, including procurements of r-,ateria!- Find leases of equipment.. The contractor will not participate either direct!, or indirectly it the di-cr;r-ination prohibited by ­�-ction :-,,.3 of the Regulations, including employment practices Nhr'n the contract ccners a program -et forth in .Appendix A-11 of the Regulations. i. ill 'Or S't:r'o/i-1t `,, IntIiidili,rl Pti,, 'urrmelr.,': of iarerial, acid F7julpntr,,I. In ':ther bl co;mpet,t;le bidding or negoriat;on made bl the contractor for Nora to tit, l o,",jr" ('(i )n oor a sur)contrael. :nvkiding proc'urerronts of materials oregU:p,-rent, each potent,al Lht'+ •"; ti'i::' ,r -,.ppi;e r -na,i n,, r )t lied bl Lhe contractor of the contractor'- r,b;ieaUon�- undL r fi:-(, Hogt)im;ur- felBCi\e to nond;-(rimi.*,Ation on the ground oG race, color or „� . l,', ✓r,r!, Tro cr,r;ra:'tor A... pro,- rie all .nfor^•.ALion ana r(•port� required „r(ior Ara a no %4 pP: _,t acce,­ to ,..A'n An(, `a, ..t (•r zi� . al n( dcLerrr,ai-;i .. , .".(' �r$t' }1.�.^,\�. Dt'1)2a.'.. Y,.. ,>!• Li.,> `(3 OP pol' 'rr ... ar r a� t'rtfiir '•1 - -.iu,. Ht eu.,c_t.. 'rr'ti-ram anc7 rk`guireo t,f a t-r' , 'etr - `+' e?(("t . l'i' pu• �(• t... of an"Ln,r N%Fo `a, +.)r ril,fu,0- to f.jrn. ., tni.. infor- ni.. :r, r, ,'h, ,)r Ana . .. ('r'. ;\ ,)r Kroau of Puri!ic 4'I,or" it Na- .T'Ade to obtain LTf nt of ,ri, c(,i'Ltartr)r non(")r.0.•fin cc H,,tt the a +,':.ra,' tni, LdtF' Hi zh A a-, Diripartn. (-it r,u. ., .pc)se �UC'r: B3 r+•a;, P .o,ic• Koaa- . ,aN dctermine to be Lpprop:,r.,•:t', including. la) v4;i:.- rt,fi.,^.)? �,i i)itvf'tart`.:, "o LI'W vontrnf 'tor UnCjer tntt, cunCra( i unti: i t' Co-tractor col.^,- ;)! f>:i' conic , t, iir )A nole or in Puri. Tt:e contractor N;st inciude tht' of paragraph 1 u'rou►;h r :r, c., rl ubconutwi, ,nc,udinz procurements of rnhterial- and lease- of equ.pmer,t, i+\ the Reguh.,L.onr, :)rder, or insiruct.ion.� i sued pur-uar.t thereLo. T ho contrac'Cor a% !it tit',(' Dui . (i(`Lion NiCC re-Ot'c, LO an\ ,ubconcracL or procurement As the State- High%a De- phrTr.ont or t'r•( Bureau of Publ:c Rua()., may diroct a- a mean, of e•nforcine -uc )rovision,, in- r'Ud,rij: -ltn( ii•ln !or nonc'orripiiG rro Prol ided, hoNelE`r, Lhat, in the e%ent a contractor O('corile inlo;l('d in, or -hreaLentvj N;LI;, !ttS,;z.SL:on with a subcontractor or supplier a- a re�ulL of such tlirh( t!on, Lhr ('on,ractor may reque-i the -;LaLe to enter into such litigation to protect the interests o the State, and, in addition, the contractor mar reque.�,L the United States to tinier into such ii;i,vauun Lo protect the mttlrei-;t:� o! ;.he l n;Led State. Form :?^,^ 20 10/6n — — TOPICS AGR'r SIT B MASMA AGREEMMT FOR TOPICS PROGRAM BE 1dM STATE AND THE C-17f OF CUPMMNO DESCRIPTION OF PROJECT preparation of an AR7-,1%,W=E TOPICS PLANS AND STUDY RIEPORi covering the entire portion of the City of Cupertino vi th#.n the existing Urban Area boundaries approved by the Federal Highway Administration. ?ERFOR A..A-NCE OF WORK All. work in connection with the pro,;ect v'.li be performed by the County of Tanta Clara or by a consultant under contract with the County. :.S.Zj-jA m PRGj'X= COST .+::u :a\"u'IC1,X All costs involved in the ,reparatirin of the aforementioned ARr:;W!P-Y, ,, A.v-)?ICs Pi.if, J s',AWDY K 0irl will be bo::ne by 'che County of Santa Clara t.sing County funds and Federal. TOPICS Funds. CO72 DINAil�z AG:EN''r nie County Board of Supers sors of Santa Clara County has been designated t?,e official coordinating agent for V e entire urban area within Santa Clara Coin._ty. ?ECI;'u. CtNEIV:.. 'Ls Article IV, Paragraph 5 of this agreement applies only to local eaLghwa;; ic.�rovements or other work on locall highways financed partially with Federal TOPICS rands in accordance with this agreement. lie preparation, completion or subaiz--on of the General Plan of liighwl lm,jrove:: nts and the ld months 1izL cation specifieu in Article II ruza Ar,LA cle III shall not apply to this agreement. Cooldin&tion of LIiP Areavide Plat with any existing Local Agency General Plan for Highway Improvement is requi red. All references herein to the U.S. Bureau of Fublic Rcieda, BPR or Bureau shall be coL.41trued to mesa the Federal Highway Administration or FHWA. � - s s RESOLUTION NO. 3127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING LOCAL AGENCY-STATE AGREEMENT FOR TOPICS IMPROVE`°IENT PROJECT, INTERSECTIONS OF SARATOGA-SUNNYVALE ROAD AT RODRIGUES AVENUE AND SARATOGA-SUNNYVALE ROAD AT MC�LELLAN ZOAD t. WHEREAS, the State Division of Highways has prepared a Local Agency-State Agreement covering a TOPICS improvement project for the intersections of Saratoga-Sunnyvale Road at Rodrigues Avenue and Saratoga-Sunnyvale Road at McClellan Road; and the City of Cupertino desires to utilize its allocation of TOPICS funds for the signaliza- Lion and channelization of the said intersections; and WHEREAS, the said intersections lie within the City of Cupertino and are partially within the jurisdiction of the State of California; and it is to the mutual benefit of the City and the Stare to cooperate in the improvement of the said intersections; and WHEREAS, the plans and specifications will be prepared by the State with the State acting as the contracting agent in accordance with the terms of the agreement; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the terris and conditions outlived in the Local Agency-State Agreement for TOPICS providing for the signalization and improvement of the intersections of Saratoga-Sunnyvale Road at Rodrigues Avenue .00 and Saratoga-Sunnyvale Road at McClellan Road. BE IT FURTHER RESOLVED that the Mayor and the City Clerk are hereby authorized to execute said agreement in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of .Cupertino on the 2Ct :. day of 'ep te?:. er, , 1971, by the following vote: AYES: Councilmen - reI I c: , _rr:j n z:'eral, NOES: Councilmen - ':one e i ABSENT: Councilmen - okes, •• -e • ATTEST: APPROVED: Isl s/ Jerr-• fi tzE:eral.d City Clerk rice Mayor, City of Cupertino