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CC Resolution No. 9813RESOLUTION NO. 9813 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE CITY OF CUPERTINO, PROVIDING FOR RELINQUISHMENT TO CITY OF A PORTION OF DE ANZA BOULEVARD WHEREAS, there has been presented to the City Council, a Cooperative Agreement between the State of California, acting by and through its Department of Transportation, and the City of Cupertino, providing for relinquishment to city of a portion of De Anza Boulevard, superseded by the completion of State Route 85; and WHEREAS, the terms and conditions under which the relinquishment is to be accomplished have been reviewed and approved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 the aforementioned 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 7th day of April, 1997, by the following vote: Vote Members _q_f the City Council AYES: Burnett, NOES: None ABSENT: None ABSTAIN: None Chang, Dean, Sorensen, Bautista ATTEST: City Clerk~~~ APPROVED: ,or, City ~f ~t~pe-rtir~o 04-SCL-85-PM 14..1/15.6 DeAnza Boulevard 4238-437821 Dist. Agmt. No. 4-1677-C Document No. SCL-43- COOPERATIVE 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 corporation of the State of California, referred to herein as "CITY". (1) STATE Code Section 73, are Agreement providing RECITALS and CITY, pursuant to Streets and Highways authorized to enter into a Cooperative for relinquishment to CITY of a portion of DeAnza Boulevard (superseded State Route 85) within CITY. (2) STATE desires to relinquish to CITY that portion of DeAnza Boulevard (PM 14.1/15.6), referred to herein as "RELINQUISHMENT", excluding new State Route 85/Saratoga-Sunnyvale Road Interchange and Interstate 280/DeAnza Boulevard Interchange and the entire existing traffic control signal system and safety lighting at these interchanges. -1- District Agreement No. 4-1677-C (3) CITY is willing to accept said RELINQUISHMENT pro- vided STATE places RELINQUISHMENT in a state of good repair, as required in Section 73 of the Streets and Highway Code. (4) STATE and CITY have reached an understanding on the work necessary to place RELINQUISHMENT in a state of good repair. (5) Relinquishment will occur upon approval by the California Transportation Commission of a Resolution of Relinquishment and recording of said resolution in the County Re- corders Office. (6) The parties hereto desire to define herein the terms and conditions under which the relinquishment is to be ac- complished. SECTION I STATE AGREES: (1) At no cost to CITY, to perform all necessary pre- liminary engineering including preparation of plans, specifica- tions, and estimate (PS&E), preparation of environmental documents, utility identification and locations, and to adver- tise, award, and administer the construction contract, a~d pro- vide necessary construction engineering to bring RELINQUISHMENT, new State Route 85/Saratoga-Sunnyvale Road Interchange, and Interstate 280/DeAnza Boulevard Interchange in a state of good repair. (2) To recommend to the California Transportation Com- mission that RELINQUISHMENT be relinquished to CITY and to use -2- District Agreement No. 4-1677-C its best efforts to obtain approval of the Resolution of Relinquishment. (3) To prepare relinquishment documents and to present to CITY a certified copy of Resolution of Relinquishment for fil- ing with CITY's City Council and the County Recorder upon ap- proval by California Transportation Commission. (4) To transfer to CITY, upon relinquishment, all re- cords and files for the relinquished section of highway, includ- ing, but not limited to, plans, survey data, and right of way information. (5) To permit CITY to continue, in accordance with the terms provided in the existing Agreement for Maintenance 'of State Highways in the City of Cupertino, to maintain, operate, and be liable for the entire existing traffic control signal system and safety lighting at new State Route 85/Saratoga-Sunnyvale Road Interchange and Interstate 280/DeAnza Boulevard Interchange. (6) To continue, to reimburse CITY for STATE's propor- tionate share, such share to be determined 'in accordance with the terms provided in the existing Agreement for Maintenance of State Highways in the City of Cupertino, of the cost of maintenance of traffic control signal system and safety lighting, including electrical energy costs, at new State Route 85/Saratoga-Sunnyvale Road Interchange and Interstate 280/DeAnza Boulevard Interchange. (7) To maintain and be liable, at STATE expense, for the entire structure below the deck surface of the vehicular -3- District Agreement No. 4-1677-C overcrossings at the new State Route 85/Saratoga-Sunnyvale Road Interchange and Interstate 280/DeAnza Boulevard Interchange. SECTION II CITY AGREES: (1) Execution of this Agreement constitutes CITY's waiver of the ninety (90) days notice of "Intention to Relin- quish'' requirement contained in Section 73 of the Streets and Highways Code. (2) To record a certified copy of the Resolution of Relinquishment with the County Recorders Office, as required by Streets and Highway Code Section 73, RELINQUISHMENT by CITY. (3) To accept California Transportation upon acceptance of RELINQUISHMENT upon approval by the Commission of a Resolution of Relinquishment and recording of said resolution in the County Re- corders Office. (4) Upon the adoption, filing and recording of the Re- solution of Relinquishment by the California Transportation Com- mission, to accept ownership, maintenance, operation, and liability of RELINQUISHMENT. (5) To continue, in accordance with the terms, provided in the existing Agreement for the Maintenance of State Highways in the City of Cupertino, to maintain, operate, and be liable for the entire existing traffic control signal system and safety lighting and pay an amount, such an amount to be determined in -4- District Agreement No. 4-1677-C accordance with the terms provided in the existing Agreement for the Maintenance of State Highway in the City of Cupertino, of the cost of maintenance of traffic control signal system and signal lighting, including electrical energy costs, at new State Route 85/Saratoga-Sunnyvale Road Interchange and Interstate 280/DeAnza Boulevard Interchange. (6) To maintain and be liable, at its own cost and ex- pense, within its own CITY limits, at the vehicular overcrossings at new State Route 85/Saratoga-Sunnyvale Road Interchange and Interstate 280/DeAnza Boulevard Interchange, the deck and/or sur- facing and above and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface. All portions of the structure above the bridge deck, as above speci- fied, shall include lighting installations, as well as all traf- fic service facilities (signs, pavement markings, etc.) that may be required for the benefit or control of CITY street traffic. Traffic control signal system and safety lighting shall be as provided'for elsewhere in this Agreement. SECTION III IT IS MUTUALLY AGREED: (1) Ail 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. -5- District Agreement No. 4-1677-C (2) Exhibit "A", attached hereto and made a part of this Agreement, outlines the items of work to place RELINQUISHMENT, new State Route 85/Saratoga-Sunnyvale Road Inter- change, and Interstate 280/DeAnza Boulevard Interchange in a state of good repair. (3) 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. (4) 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 fully de- fend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on ac- -6- District Agreement No. 4-1677-C 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 Agreemeht. (5) 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. (6) This Agreement constitutes the notice of intention to relinquish RELINQUISHMENT required by Streets and Highways Code Section 73, which is made a part of this Agreement by this reference. (7) CITY hereby waives all rights to protest provided for in said Section 73 of the Streets and Highway Code with re- spect to the 'aforementioned relinquishment. (8) STATE to retain ownership of new State Route 85/Saratoga-Sunnyvale Road Interchange and Interstate 280/DeAnza Boulevard Interchange including the entire existing traffic con- trol signal system and safety lighting at these interchanges. District Agreement No. 4-1677-C (9) This Agreement shall terminate upon recording in the County Recorders Office of the Relinquishment Resolution for RELINQUISHMENT; however, the ownership, operation, maintenance, and liability clauses shall remain in effect until terminated or modified, in writing, by mutual agreement. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation By District Division Chief CITY OF CUPERTINO By Mayor, City of Cupertino Approved as to form and procedure Attorney Department of Transportation Certified as to Budgeting of Funds District Budget Manager Attest: City Clerk Approved as to form and legality Certified as to financial terms and conditions District Accounting Administrator -8- EXHIBIT A City of Cupertino Front Bollinger Road (PM 14.1) to 1-280 Separation (PM 15. 6) Northbound and Southbound of S. De Anza Boulevard from Bollinger Road (PM 14.1) to Stevens Creek Boulevard (PM 15.2) Work proposed: Cleaning and sealing all cracks 0.636 cm wide or wider, where necessay. Pavement replacement (dig out failed area only), where necessary. Slurry seal pavement throughout the project limits. Traffic stripe and markers throughout the project limits. All work proposed shall include all areas between existing curbs. Northbound and Southbound of North De Anza Boulevard from Stevens Creek Bouleq,ard (PM 15.2) to 1-280 Separation (PM 15. 6) Work proposed: Cleaning and sealing all cracks 0.636 cm wide or wider, where necessary.. Pavement replacement (dig out failed area only), where necessary. 4.57 cm AC overlay throughout the project limits. Traffic stripe and markers throughout the project limits. All work proposed shall include all areas between existing curbs.