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06-076, State of California Dept. of Transportation (CALTRANS) 09/27/2005 09:48 915-553-7521 CALTRANS LOCAL ASST PAGE 02/19 ,i:~J~\iFORMEO "~~ p "-I' ~~ U " 'P,. C? ~.. 0 -Ie; MASTER AGREEMENT ADMINISTERING AGENCY-STATE AGREEMENT " FOR FEDERAL..AID PROJECTS 04 District City of Cupertino Administering Agency Agreement No. 5318 . , This AGREEMENT"'fuade effective this ~ t!2-- day of ,i-"d.. , 1997, is by and between the City of Cupertino, he~in8.ftet referred to as ".ADMINlSTE~CY;' and the ~tate of . Califomi~ acting by and through the California Department of Transportation (Caltrans)t beremafter referred to as "STATE.1t WITNESSETH: WHEREAS, the Congress of the United States has enacted the Intermodal Surface 'Trans~rtation Efficiency Act of 1991 to fund programs which include, but are Dot limired to, the Surface Transponation Program (RSTP), the Congestion Mitigation and Air Quality Improvement Program (CMAQ), the Transportation Enhancement Activities Program (TEA)J and the Bridge Replacement and Rehabilitation Program (HBRR) (collectively the "Programs"); and ~REAS, the. Legislature of the State of California has enacted legislation by which certain Federal funds (RSTP' and CMAQ) may be made available for use on local transportation facilities of public entities qualified to act as recipients of these federal funds in acc~rdance with the intent of Federal law; and WHEREAS, before Federal-~d will be made avaUable for "a Specific P1:ogr~ proj~~ AD:MINISTERlNG AGENCY and ST A 1E are required to enter into an agteement relative tp prosecution of said project and maintenance of the completed facility. . . . NOW, THEREFORE, the parties agree as follows: .J . ARTICLE I - PROJECT ADl\fiNISTRATIQN 1 . This AGREavtENT shall have no force or effect with respect to any Program project unless and until a project-specific Program Supplement to this AGREE:MENT for Federal-aid Projects, hereinafter referred to as "PROGRAM SUPPLE:MENT,t' has been executed. 2 · The term *tpROJECT.. U as used herein, means that authorized project financed in part with Federal funds as further described in an "Authorization to Proceed" document executed by STATE, in the subsequent specific PROGRAMSuPPLEl\ffiNT, and in a Federal-aid Project Agreement (pR...2). 3 . The Financial conunitment of ST A TE administered federal funds will occur only upon the execution of this AGREEMENTt and the execution of each project-specific PROGRAM SUPPLEMENT "ud PR-2. ' 1 11/29195 09/27/2005 09:48 915-553-7521 CALTRANS LOCAL ASSl r'A~t. tJ.:l/l'j 4. ADMlNISTERINO AGENCY further agrees, as a condition to payment of funds obligated to a PROJECT. to comply with all the agreed-upon Special Covenants or ~marks attached to the PROGRAM SUPPLEMENT identifying and defining the nature of the SpecifIC PROJECT. 5. The PROGRAM SUPPLEMENT shall designate the party responsible 'for implementing the various phases of the PROJECf, the Federal funds requested, and the matching funds to be provided by ADMlNISTERlNG AGENCY and/or STATE. Adoption of the PROGRAM SUPPLEMENT by AD~TBRING AGENCY and approval by STAlE shaD cause such PR~RAM SUP~ to be executed and be a pan of this AGREEMENT as though fully set fonh herem. Unless othef'W'1Se expressly delegated in a resolution by the ADMINISTERING AGENCYts governing body, the PROGRAM SUPPLilldENT shall be approved and managed by the ADMINISTERING AGENCyts governing body. 6" ADMlNISTERlNO AGENCY shaI1 conform to all State statutes, regulations and proceduxes (including those set forth in LPP 95..()7, "Ree.ngineedng," aJidsnbsequent approved revisions . . and Local Programs Manoal'U'.Pdates, bereaf1cr refen'ed to as REENGlNEERED PROCEDURES)reJating to the FederaJ..aid Program, all TItle 23 Federal ~uirements. and all applicable FedemI laws. regulalioos, and policy and procedmaI or instructional memoranda, unless otherwise designated in the approved PROGRAM SUPPLEMENT. 7 · If PROJECT involves work on the Slate highway system, it shall also be the subject of a separare standard form of encroachment pennit and. where appropriate. a cooperative agreement between STATE and ADMINISTERING AGENCY to determine how the PROJECT is to be constructed. 8. If PROJECT is not on STATE-owned right of way, PROJECT shall be constructed in accordance with REENGINEERED PROCEDURES. The REENGI:NEERED PROCEDURES describe minimum sta1ewide design standards for local agency streets and roads. The REENGlNEERED PROClIDURES for projects off the National Highway System (NHS) allow the STAlE to ac:c:ept either the minimum statewide design standards or ADMINISTERING AGENCY-approved geometric design standards. Also. for projects off the NHS, ST Am will accept ADMINISTElUNG AGENCY-approved standard specifications, standard plans, i1Dd materials sampling and testing quality as&uranc::c programs that meet the conditions described in the REENGINEERED PROCEDURES. 9. When PROJECT is not on the State highway system .but includes work to be performed by a railroad. the contract for such work shall be -prepared by ADMINIS'IERING AGENCY or by STATE. as the patties may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad pro'\7iding for future maintlmance of protecti\'C devices or other facilities installed under the contract I . J 10. ADMlNISIERING AGENCY shall provide or mange for adequate SUpervision and inspection of each PROJECT: As provided in the REENGlNEERED PROCEDURES, wod:: may be perfonned by a COIIS\Jltant(s), provided a fully qualified and licensed employee of ADMINISTERING AGENCY is in responsible charge. 11. The Congress of the United States, the Legislature of the State of California, and the Governor of the State of Califomia, each within their respedive jurisdiction, have pl'CSGribed certain employment practices with respect to work fiDanced with Federal or State funds. ADMlNISTERlNG AGENCY agree.s to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit A attached hereto) whenever State funds finance part of the PROJECt. and the NONDISCRIMINATION ASSURANCES (Exhibit B attacbed hereto). ADMIN'ISTERlNG AGENCY further agIee3 that any agreement entered into by ADMD'aSTERlNG AGENcY with a third party for , 2 11/29195 09/27/2005 09:48 915-553-7521 CALI~AN~ LU~AL A~~I IHl..:lt:. l:l4/.L::l performance of work connected with the PROJECT shall incorporate Exhibits A (whenever State ,funds finance part of the PROJECT) and Exhibit B (with third party's name replacing ADMINISTERING AGENCY) as pans of such agreement ARTICLE n - RIGHTS OF WAY 1. No contract for the COD.Suuction of a Federal-aid PROmc:r shall be awarded Mtil the nece~ry rights of way have been secured. Prior to the advertising for construction of the PROJECT, ADMlNISTERlNO AGENCY shall certify and7 upon reques~ shall futnish STATE with evidence that n~ssary righrs of way are available for construction purposes Or will be available by the time of award of the construction contract 2. ADMINISTERING AGENCY agrees to indemnify and hold STAlE hannless from any liability which may result in the event the ~ght of way for a PROJECT is 'not cleat as cen:ified The furnishing of right of way as,sfuWJed for herein includes, in addition to all real property IeQUired for the PROJEcr, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law. of damages to real property 110t actually taken but injutiolUlyaffected by PROJECT. ADMINISTERlNG AGENCY shall pay, from its own non-matching funds, any costs which arise out of delays to the CODsttUwon of the PROJECr because utility facili.ties have not been removed or relocated, or because rights of way have not been m~ available to ADMINlS'IERING AGENcY for the orderly prosecution of PROJECT work. , 3. SUbject to STAlE approval and such supervision as is required in REENGlNEERED PROCEDURES over AD.M:INISTElUNG AGENCY's right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursemeDt from Federal funds for expenditures to purchase only uecessa.ry rights of way included in PROJECT after crediting PROJECf with the fair m~ value of ' any excess propeny'retained and not disposed of by ADMINISTERING AGENCY. 4. WbeD real property rights are to be acquired by ADMINlS'IERINO AGENCY for a PROJECT. said ADMINlS'IERING AGENCY must cany OUt that acquisition in compliance with d1e Federal Unifonn Relocation Assistance and Real Property Acquisition Policies Act of 1970, ~ amended. s. Whether or not Federal-aid is to be requested for right of way, should ADMINlS'IERING AGENCY. in acquiring right of way for PROJECT. displace an individual, family, business, farm operation. or non-profit organi%ation. relocation payments and services will be provided as setforth in Chapter 5 ofTitJe 23, U.S. Code. The public will be adequately infODDed of the relocation payments and services which will be availabJe.-and. to the gxeatest extent practicable, no person )awfully occupying real property shall be requited to move from hislher dwelling or to move hisIhec business or fann operation without at least 9O.days written notice fmm ADMlNISlERlNG AGENCY. ADMlNISTERING AGENCY will provide STATE with specific assurances. on each portion of the PROJECT. that no person will be dispIacea until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISlERING AGENCY's relocation program is realistic and adequate to provide orderly. timely and efficientrelocati.on of displaced persons for the PROJECT as provided in Fedezal Highway Programs Manual (FHPM 7-5). . 6. In all real propeny traDsactiOD.$ acquired for the PROJECT. following recordation of the deed or such other recorded insttument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, ~ shall aJso be recorded a separate document which is an "Agreement Declaring Restrictive Covenants." Said Agreement Declaring Restrictive Covenants will incorporate the assurances included within Exhibits A and B and Appendices A. B, C and D, as appropriate, when executed by ADMlNISTERING AGENCY. . . 3 1 I129195 09/27/2005 09:48 915-553-7521 CALTRANS LOCAL ASST PAGE 05/19 ARTICLE ill · MANAGEMENT AND MAlNTENANCE OF PROPERTY 1. ADMINISTERING AGENCY will maintain and operate the PROJECT property acquired, developed, rehabilitated, or restored for its intended public use until such time as the parties ntight amend this AGREEMENT to orherwise provide. With the appro~ of STATE. ADMINISTERING AGENcY or its successors in interest in the property may transfer this obligation and responsibility to maintain and operate the property to another public entity. . 2. Upon ADMINISTERING AGENCY acceptance of the completed Federal-aid cOnstruction conll'act or upon contractor being relieved of the responsibility for maintaining and protecting a portion of the wolk, the agency having jurisdiction over the PROJECT sball maintain the completed work in a manner satisfactory to the authorized representatives of STATE and the United States. If. within 90 days after receipt of notice from STATE that a PROJECT. or any pottion thereof. under ADMINISTERING AGENCY's jurisdiction is not being properly maintained and ADMINISTERING AGENCY has not satisfactorily remedied the cqnditious complained of. the approval of future Federa1-aid projects of ADMINISTERING AGENeY will be withheld until the PROJECT sball have been put in a condition of maiDtenam:e ~rl~factoty to STATE and the Federal Highway AdruinistIation. The provisions of this section shall not apply to a PROJECT which has ~ vac:ared through due process of law. 3. The Dlaintenance referred to in paragraph 2. above. inclUdes not only the physical condition of the PROJECT but its opetauou as well. PROJECT sbal1 be maintained by an adequate and well-trained staff of engineers and/or sw;:h other professionals and technicians as the project requires. Said tnainteuanc:e staff may be employees of ADMINISTERING AGENcY. another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for effIcient operation of the complete PROJECT impro'\'CD1enEs. ARTICLE 'IV · FISCAL PROVISIONS 1. The PROJECT, or portions thereof, must be included in a Federally-approved Statewide Transportation Improvement Program (FSTJP) prior to AD~STERING AGENCY submittal of the 'IRequest for Authorization. tr 2 · State and Federal funds will not participate in PROJECT wor.k: performed in advance of approval of the "Authorization to Proceed." The patties sball execute a PROGRAM SUPPLEMENT between STATE and ADMlNISTERlNO AGENCY subsequently incoEpOrating the "Autbori7Jltion to Proceed. II 3. . ADMlNISTERING AGENCZY may submit invoices in arrears for reimbuzanent of participating PROJECr costs on a monthly or quanerly progress basis once the PROJECr PROGRAM S~ has been executed by STAlE and the PR-2 has been executed by FHW A The total of all amounts claimed. plus any required matching funds, must. not exceed the actual total allowable costs of all completed engineering wock, right of way acquisition, and const:ruction. 4. Invoices shall be sbbDlitted on ADMINISTERING AGENCY letterhead and shall include this AGREEMENT number, Federal-aid project number. and Progress billing number for the PROJECT. and shall be in accordance with REENGINEERED PROCEDURES. 5 · The estimated total COSt of PROJECT, the aaJounts of Federal-aid programmed, and the matching amounts agreed upon may be adjusted by mutual consent of the parties beeto in a Finance LetterlDetail EstDnatfl and a PR -2 document Whi.cIi are to be considered as part of this AGREEMENT. Federal-aid program amounts may be increased to cover PROJECT cost increases only if such funds are available and FHW A concurs with that increase. 4 11/29/95 09/27/2005 09:48 915-553-7521 CALTRANS ~OCAL ASST PAGE 05/19 6. When additional federal-aid funds are not available, the ADMlNISTERING AGENCY agrees that the payment of Federal funds will be limited to the amounts approved by the PR-2, Or its modification (PR-2A), and agrees that any increases in PROJECT costs must be defrayed with ADMfNISTERING AGENCY fWlds. 7 . ADMINISTERING AGENCY shall use its own nonfedera1-aid funds to finance the local share of eligible costs and all ~nditures roled ineligible fot financing with Federal funds. STATE shall make.the determination of ADMINISTERING AGENCY cost eligibility fot Federal fund financing. · 8. . Any overpayment to ADMINISTERING AOENCY of amounts invoiced shall be returned to STATE by AD:MINISTERING AGENCY upon written demand. 9. Should ADMlNISl'ERING AGENCY fail to refund all moneys due ST A 'IE as provided hereunder or should ADM.INlSTERING AGENCY breach this Agn!ement by failing to complete PROJECT, then, within 30 days of demand. or within such other period as may be agreed to in writing between the parties herelO, STATE, acting tbroughthe Stare Coo.ttDller, the Stare Treasurec, or any other public agency, may withhold or demand a traDsfer of an amount equal to the amount owed to STATE from . future apportionments, or any other funds due ADMlNISTERlNG AGENCY from the Highway Users Tax Fund or any other funds and/or may withhold approval of futare ADMlNISlERING AGENcY Federal-aid projects. 10. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMlNISTEIUNG AGEN:CY is Constituted as a joint powers authority, special district, or any other public entity 110t directly receiving funds through the Stare Controller, STATE is autho~ to obtain reiInbursement from whatever sowces of funding me available, inclUding the withholding or transfer of funds. pW"SUlUlt to Arti~ IV - 9, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds .provided by STAlE hereunder. ARTICLE V · RETENTION OF RECORDS/AUDITS 1. For the purpose of determining compliance with Public Contract Code Section lOt 15, et. seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et, seq., when applicable. and other matters connected with the pe1fonnance of the Agreement pursuant to Government Code . Section 10532, ADMINISTERING AGENCY and any third party under contract with ADMINIS'IERING AGENCY shall retain all original records to the project financed with FedemI funds and shall make records available upon request by Federal and State tepresentatives. Following final settlement of the project costs with FHW A the recordsIdocwnen~ may be microfilmed by the ADM1NISTERJ:No AGENCY. but :in any event shall be retained for a period of three years from STATE payment of the final voucher, or a four-year period frow the date of the final payment under the contract, whichever is longer. ADMlNIS'rERING AGENCY sball retain records/documents longer if required in writing by STATE. 2. Per the Single Audit Act of 1984, any ADMINISTERING AGENCY that receives $100.000.00 or more per fiscal year in Federal Financial.Assistance shall have an audit perfonned by an independent audit finn per the Single Audit Act - (see OMB~A128, "Audits of State and Local Govenunents't). . ARTICLE VI · FEDERAL LOBBYING ~CTIVITIES CERTIFICATION 1. By elCecuti()JJ of this AGREEMENT, ADMlNIS'rERING AGENCY certifies, to the best of the signatory offi~rrs knowledge and belief,. that: 5 1 U29/9S 09/27/2005 09:48 915-553-7521 CALTRANS LOCAL ASST PAGE 07/19 A.No STAlE Or Federal appropriated funds have been paid or will be paid. by or on behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer or employee of any STAlE or Federal agency, a Member of the State Legislature or United Stares Congress, an officer or employee of the ~gislatl1rei Or Congress, or any employee of a Member of the LegisJature or Congress in connection with the awarding of any STATE or Federal COntract including this Agreement, the making of any STATE or Federa1loan, the entering into of any cooperative contract. and the extension, continuation, renewal, amendment, or modification of any STATE or Federal contract, grant,.loan, or cooperative contract. B · If any funds other than Federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any FedenU agency, a member of Congress, an officer Or employee of Congress or an employee of a mem~ of Congress in connection with this Agreement, grant, local, or coopemti'Ve contract, ADMINISTERING AGENCY sba11 complete and submil Standard Fonn-LLL, "DisclOsure Fonn to Rep Lobb}"ing, .. in accordance with the fonn instructions. , ~ H:l"""' C. This ceni:l:ication is a material represeDtation of fact upon which reliance WlJS placed when this Agreement was made or entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by ~tion 1352, TItle 31, U.S. Code. Any party who fails to file the required certification shall be subject to a civil penalty of not Jess than $10,000 and not more than $lOO~OOO for each such failure. . 2. . ADMlNISTERING AGENCY also agrees by signing this document that the langUage of this certification will be included in alllowet' tier sub-agreements which exceed $100,000 and that all such su~recipients shall certify and disclose accordingly. ARTICLE vn · MISCELLANEOUS PROVISIONS 1. Neither STATE nor any officer or employee thereof sba11 be responsible for any damage or liability occurring by reason of anything done, or omitted to be done. by ADMINISlERlNG AGENCY under, or in connection with. any work, authority or jurisdiction delegated to ADMlNIST'ERlNO AGENCY under this AGREEMENT. It is understood and agreed that. pursuant to Govemment Code Section 895.4, ADMINISTERING AGENCY shaII fully defend. indemnify and save harmless STATE, its 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) occuning by reason of anything done, or omitted to be done, by ADMINISTERING AGENCY under, or in connection with, any work,. authority or jurisdiction delegated to ADMlNISTERlNG AGENcy lDlder tbisAgreement. STATE reserves the right to represent itself in any litigation in which STATE's interests are at stake. 2. Neirher ADMINISTERING 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 STAlE under, or in connection, with any work. authority, or jurisdiction delegated to STAlE under this AGREEMENT. It is also Wlderstood and agreed that. purswmt to Government Code Section 895.4, ST A 'IE shall fully in~ and hold ADMlNISTERlNG AGENCY harmless from any liability imposed for injury (as def"med by Government Code Section 810.8) OCCUIIing by reason of anything done, or omitted to be done, by STATE under, or in connection with. any wOlt, authority. or jurisdiction delegated to STATE under this AgreemCDL ADMINISTERING AGENcY reserves the right to represent itself in any litigation in which ADMINIsTERING AGENCY's interests are a1 stake. 3. ADMINISTERING AGENCY and the officers and employees of ADMlNISlERING AGENCY, when engaged in the performance of this Agreement, sball act in an independent capacity and' not as officers. eD;1ployees or agents of STATE. 6 11/29/95 09/27/2005 09:48 915-553-7521 CALTRANS LOCAL ASST PAGE 08/19 4. STAlE may tenninate this AGREEMENT with ADMlNISTERING AGENCY should ADMIN1STERING AGENCY fail to perfonn the coverumts herein contaiued at the time and in the manner herein provided.. In the event of such termination, STATE may proceed with the PROJECT wod:: in any manner deen1ed proper by STAlE. If STAlE tennin~ this AGREEMENr with ADMlNISTERING AGENCY, STATE shall pay ADMlNISTERING AOENCY the sum due ADMINISTERING AGENCY under drls AGREEMENt prior to termination, provided, however, that the COst of PROmer completioD to STATE shall first be deducted from any sum due ADMlNISTERING AGENCY under this AGRaEMENT, and the balance, if any, shall then be paid ADMINISTERING AGENCY upon demand. 5. Without the written consent of STAlE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part. 6. No alteration or variation of the tenDs of this AGREEMENT shall be valid unless made.in writing and signed by the parties hereto, and no oral under$tanding or A~t Dot incorporated herein shall be. binding On any of ~....Jl8r1ies hereto.' . 7 · ADMlNISTERING AGENCY warrants, by execution of this AGREEMENT, that DO person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies uWntained by ADMlNISTERING AGENCY for the pmpose of seeming business. For breach or violatioI!- of this watranty. STATE has the right to annul this AGREEMENT without liability, pay only for the value of the wolk actually peIfotmed, or in STAlE's discretion, to deduct from the price of consideration, or otherwise recover, the full amOunt of such commission, percentage, brokerage, Or contingent fee. 8. In accordanoe with Public Contract Code Section 10296. ADMINISTERING AGENCY . hereby certifies under penalty of peljmy that no mOle than ODe fiDal UDappealable finding of contempt of coUrt by.a FedeJ:al COwt has been issued against ADMlNJSTERJNO AGENCY Within the iftlm{'lf;..~ preceding two-year period because of ADMINISTERING AGENCY's failure to comply with an order of a FederaI court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board. . 9. ADMlNISTERING AGENCY shall disclose any financial, busin~ or other relationship with STATE or the FHWA that may have an impact upon the outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of this AGREEMENT. 10. ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it acquire any financia.J. PI" business interest that would conflict with the petfonnance of PROJECr under this AGREEMENT. 11. ADMlNJSTERJNG AGENCY wartants that this AGREEMENT was not obtained or secured through rebates.,.kickbacks or other unlawful considet'ation either promised or paid to any STATE employee. For breach or violation of this wananty. STATE shall have the right. in its discretion, to terminate this AGREEMENT without liability, to pay only for the wod: actually performed, Or to deduct from the PROORAM SUPPLEMENT price 'or other:wise recover the ftill amount of such rebate, kickback, or other unlawful consideration. 12. nus Agreement is subject to any additional restrictions. limitations, conditions, or any statute enacted by the State Legislature that may affect the provisions. temJs, or funding of this AGRaEMENT in any manner. 7 11129195 09/27/2005 09:48 915-553-7521 CALTRANS LOCAL ASST PAGE 09/19 ARTICLE VOl - TERMINATION OF AGREEMENT 1. This Agreement and any PROGRAM SUPPLEMENT(s) executed under this AGREEMENT shall terminate upon 60 days' prior written notice by STATE. 2. Each separate PROORAl\:l SUPPLEMENT shall separately establish the term and funding limits for each described PROJECf fuuded under this Federal-aid program. No STATE or FHW A funds are obligated ag3inst this AGREEMENT. IN WITNESS WHEREOF. the parties have executed this AGREm4ENT by their duly authorized officers. , . , ..a~ STATE OF CALlFORNlA JE>.ARlMf?NTCF1RANSPCRfA1I<N . CITY OF CUPERTINO BY~~ Date 7-E'72 BY~::~ or ~ of ell ~rtino ADMINISTERlNG AGENCY Representative Name & Title (Authorized Govemin~ Body Representative) Dare May 28~ 1997 Chief, Office of Local Progfams Project Implementation oJ 8 11/29195 ." 09/27/2005 09:48 915-553-7521 PAGE 10/19 CALTRANS LOCAL ASST EXHIBIT A FAIR EMPLOYMENT PRJ\CTICES ADDENDUM 1. . In the performance of this Agreement. ADMINIS'IERING AGENCY will not discriminate against any employee for employment because of race, color, selt, religion, ancestry or national origin. ADMINlS1'ERlNG AGENCY will take affinnative action to ensure that employees are treated during employment, without regard to their race, sex, actual or perceived sexual orientation, colOt, religion, ancestry, Or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruianent adyertising; layoff or tennination; rams of pay or other forms of compensation; and selection for tnlining, including apprenticeship. ADMINISTERING AGENCY shall post in COl1Spicuous Plac:es. available to e:mployees for employment, notices to be Provided by STATE setting forth the provisiODS of this Fair Employment section. .A-- · 2. ADMlNISTERlNG AGENCY will permit acc:ess to the records of employment, employment advertisements. application fonns, and other petti.nent ~ and records by STATE, the State Fair Employment and Housing COmmission, or any other agency of the S~te ofCaIifomia designated by Sf ATE, for the purposes of investigation to ascenain compliance with the Fair Employment section of this Agreement.. 3. Remedies for Willful Vio~tion: (a) STATE may detennine a willful violation of the Fair Employment provision to have 0CCIllTed upon receipt of a final judgment to that effect from a court in an action to which ADMINIS'IERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Honsing Comminion that it has investigated and derennined that ADMINISTERING AGENcY has violated rhe Fair EmpIoy- lIJeDt Practices Act and.had issued an order under Labor Code Section 1426 which has becoIne:final or has obtained an injunction under Labor Code Section 1429. For willful violation of this Fair Employment Provision, ST A 'IE shall have the right to terminate this Agreement either in whole or in pan, and any loss or damage sustained by STAlE in ~uriug the goods or services thereunder shall be borne and paid for by AQMINISTERfNG AGENCY and by rhe surety under the peIt"olD1aDCe bond, if any, and STAlE may deduct from any moneys due or . thereafter may become due to ADMlNIS'rBlUNo AGENCY, the di1Ierence between the price lWtied in d)e Agreement and the actual COSt thereof to STATE to cure ADMINISTERING AGENCY's breach of this AgreemcuL (b) 9 11129195 09/27/2005 09:48 915-553-7521 CALTRANS LOCAL ASST PAGE 11/19 EXHIBIT B NONDISCIUMINA TION ASSURANCES . ADMINISTERING AGENCY HEREBY AGREES THAT. as a condition to receiving any Federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will colDply with Title VI of the Civil Rights Act of 1964, 78 StaL 252t 42 U.S.C. 2000d-42 U..S.C. 2000d-4 (hereinafter .referred to as the ACI), and all requiremenrs imposed by or pursuant to Title 49,. Code of Federal Regu1ations~ Department of Transportation, Subtitle ~ Office of rbe SecretaIy, Part 21 t "Nondiscriminati.on in Federa11y-Assisred Programs ofthc Depanment of Tt<IDSpOrtation - Etfecwation of TItle VI of the Civil Rights Act of 1964" (hereinafter refened to as the REqULAllONS), the Federal-aid Highway Act of 1913. and other pertinent directives, to the end that in accordance wilh the Acr. REGULA:TIONS, and othetPemnem directives. no person in the United Stales shall,OD the grounds of race. color, ~, national origin. religion. age or disa6ility, be excluded from participation in, be denied the . benefits of, or be oJhetwise Sllbjected to discrimiua.lion UIJ.der ey program or activity for whk:h . ADMlNIS'IERlNG AGENCY reee:ives Fedeci1 fiDancial a~stance from the Fedem1 Department of Transporta1i011y ADMINISlERlNa AGENCY HEREBY GIVES 'ASSURANCE THAT ADMlNISTERING AGENCY w:ill promptly rake any measures necel'-S3Jy to effectuate this ~ent This assurance is required by subsection 2~.7(a) (l)'oftheREGULATIONS. More specifically~ and without limiting lhe 3bove general assurance, ADMINlSTERING AGENCY hereby gives the follOwing specific assumnces with respect to its Federal-aid Program: 1. That ADMINISTERING AGENCY agrees that each "programW and each "facility" as defined in subsecPons 21.23 (e) and 21.23 (b) of the REGtJLAnONS, will be (with regard to a "program W) condUC1cd, or will be (with regard to a "facilit;y") operall:d in compliance with all :requirements imposed by, or pursuant to, the REGULATIONS. . 2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULA. TIONS made in connection with the Federal-aid Program an,!, in adapted form, in all proposals for negotiated agreements: ADMlNISTERING AGENCY hereby notifies all bidden that it will affinnatively insure that in any agreement entered into pur.suant: to this advertisement, minority business enteIprises will be afforded full opportUnity to submit bids in response to this invitation and will DOt be discriminated against on the grounds of race, color, sex., national origint religion, age. or disability in consideration for an award. 3. That ADMlNISTERlNG AGENCY shall insert the clauses of APJlel1dix A of this assurance in every agreement subject to 'the ACf and the REGULA TrONS. . 4. . That thC ChiUSC8 ?f Appendix B of this Assurance shall be included as a covenant running ~th the land! m any deed effecting a transfer of real property, structures. or improvements thereon, or mterest therellL 5. That where ADMlNIS'I'ERJNG AGENCY receives Federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith. 10 11129195 09/27/2005 09:48 915-553-7521 CALTRANS LOCAL ASST PAGE 12/19 6. That where ADMlNISTERlNG AGENCY receives Fedenil financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to righrs to space on, over, or under such property. 7 '. 'That ADMlNISlERING AGENCY shall include the appropriate clauses set forth m Appendix C and D of this Assurance, as a COVenant running with the land, in any future deeds, leases, permits,. licenses. and similar agreements entered into by the ADMINISTERING AGENCY with other parties: Appencfu: C; (a) for the subsequent !ransfer of real property acquired or improved under the Fedexal- aid Program; and Appendix D: . ..j~ (b) for the CODStruction or use of or access to space on, over, or under real property acquired, or improved WIder the Federal-aid Program. 8. · That thiS assurance obligates ADM1NIS'IERlNG AGENcY for the period during which Federal financial assistance is extended to the progmm. except where the Federal financial assistance is to provide. or is in the fonn of, petSOnal property or real property of interest therein, or stroctures, or improvemenl'l thereon, in which case the assurance obligates ADMlNISlERING AGENCY or any transferee for the longer of the following periods: (a) . the period dUring which the property is used for a purpose for which the Federal finaDcial assistance is extended, Or for another purpose involving the provision of similar services or benefits; or . .<b) the period during which ADMINISTERING AGENcY retains ownership or possession of the propeny.. 9. That ADMINISTERING AG:ENCY shall provide for such methods of admj1limation for the program. as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISlERINo AGENCY. othertecipimts, sub- gtaDtees., applicants, sub-applicanl'l, transferees. successors in interest, and other participants of Federal financial assistance under such. program will comply with all requirements imposed by, or pursuant to, the Acr, lbe REGULATIONS, thiS Assurance.and the Agreement. 10. That ADMINISlERING AGENCY agrees that the United States and the Slate of California have a right to seekjudicial enforcement with regard to any matter aming under the ACT, the REGULA nONS~ and this Assurance. TIiIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal gr.mts,loans. agreements, property, discoWlts Or other Federal fmanciaI assiStance extended after the date hereof to ADMlNIs'l'ERII\l'G AGENCY by STATE, actiug for the U.S. Deparnnent of Transportation, and is binding on ADMlNIS'lER.ING AGENcY, other recipienl'l, subgrantees, applicants, sub-applicanrs. transferees, SUCCessors in interest and other participants in the Federa1-aid . Highway Program. 11 11129195 ~~/L(IL~~b ~~:4~ ~lb-b~::l-/bLl CALTR~NS LOCAL ASST PAGE 13/19 APPENDIX A TO EXHIBIT .B During the perfonnance of this Agreement. ADMINISlERING AGENCY,. for itself, its assignees and successors in interest (hereinafter collectively referred to as ADMlNISTERlNG AGENCY) agrees as follows: . , (1) COI11oUlWce wilh Relrolations: ADMlNISlERING AGENCY shall comply with the regulations relative to nondi.~mination in Federally assisted programs of the Depanment of TranspoItaliOD, Title 49. Code of Federal Regulations, Part 21, as they may be amended from time to rime. (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement (2) Nondiqimin<Ujcm: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMBN'f, shall not disCriminate 011 the grounds of race. color, sex, nationaJ origin. religion, age, or disability in the selection and retention of sub-applicants, including pr'OCUreznents of m.ateriaI$ and leases of eqoip'iiient.. ADMlNISTERlNo AGENCY shall Dot ~ate either directly or indirectly in the discrimiDation prohibited by Section 21.5 of the REGULATIONS, including emploYD:1ent Practices when the agreement COvers a program set forth in Appendix B of the REGULAnONS. (3) ~olicil@ion.o; for SQlcll~ent,'t, Jpclndin, PmcnIP<!11~tll of ~tetja1o; lQH1 F..qJ1ipmerq' In all solicitations either by competitive bidding or negotiation made by ADM:lNIS'I'EiUNo AGENcy for work to be peIfonned under a Sub-agreement,. including procuremeats of materials Or leases of equipmenr. each potential sub-applicant or supplier sbaI1 be notified by ADMiNISTERING AGENCY of the ADMINIS'IERING AGENCY's obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) InfonnatiOJ,l iWd R~ ADMINISTERING AGENCY shall provide all information and reportS required by the 'REGULA nONS, or directives issued put'SWmt thereto, and sbaI1 permj.t access to ADMINISTERING AGENCY's books, records, accounts. other soun:e.s of infonnation, and its facilities as may be defennined by STATE or FHW A to be pertinent to ascertain CODlpliaoce with such REGULATIONS or directh,es. Where any infonnation required of ADMJNISTERlNG AGENcY is in the eJtClusive possession .of another who fails Or refuses to fumish this infonnation, ADMINISTERING AGENCY shall SO certify to STATE or the FHW A as appropriate. and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the infonnation. (5) Sanclj,QDll fOt Noncol11pliIDC,e: In the event of ADMlNISTERING AGENcY's . noncompliarice with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHW A may.determine to be appropriate, inClUding, but not limited to: .. , (a) withhOlding of payments to ADMINISTERING AGENCY under the Agreement until ADMINISTERING AGENCY complies; and/or (b) cancellation, termination or SUSpension of the Agreement, in whole or in part. (6) . IocOQ)Onltjon of Pmyjsion!l: ADMINISTERING AGENCY shall include the provisions of paragraphs (1) tfuough (6) in every sub-agreement, including prDCuremen.ts of m.ateriak and leases of equipment,. unlc.ss exempt by dJe REGULATIONS. or directi\'eS issued pursuant thereto. . ADMINISTERING AGENcY sbal1 take such action with IeSpect to any sub-agreement or pl'OCllrement as STATE or FHW A may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that. in the e\l'eJ1t ADMlNIS'lERING AGENcY becomes involved in, or is ~~teDed with, litigation with a sub-applicant or supplier as a resnlt of such direction. ADMINISTERING AGENCY may teqnest Sf ATE enter into such litigation to protect the interests of STATE, and, in addition, ADMINisTERING AGENCY may request the Unired States to enter into such litigation to protect the interests of the United States. 12 11129195 09/27/2005 09:48 916-553-7521 CALTRANS LOCAL ASST PAGE 14/19 APPENDIX B TO EXHIBIT B The following clauses shall be included in any and all deeds effecting or recording the lranSfer of PROJECT real property, structures or i1npro~ts thereon, or interest therein from the United States. (GRANTING CLAUSE) . NOW, THEREFORE, the U.S. Department of Ttansp 0 rtation , as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the proj~t constructed thereonp in accordance with Title 23, United States Code, the Regulations for the Admin.stIation of Federal-aid for Highways and the policies and procedures pIeSCri.bed by the Federal Highway Administration of the Oepanment of Transportation and. also in accordance with and in COOlpJiance ,vith the Regulations pertaining to and effectuating the provisions of11tle VI of the Civil Rights Act of 1964 (78 StaL 2S2; 42 U.S.C. 2000d to 2000(4), does hereby remise, release, quitclaim and convey Wlto the ADMINISTERING AGENCY all the right,. title. and interest of the U.S. DePamnent of Transportation in, and to;~d lands described in Exhibit · An attached hereto and made a pan hereof. (HABENDUM CLAUSE) TO HA Vli AND TO HOLD said lands and interests tbetein 1m.to ADMINISTERING AGENCY and im successors forever, subject, howeVer, to the .covenant, conditions. restrictions and reservations . herein contained as follows, which will remain in effect for the period during which the teal property or . structures are used for a PurPose for which Federal financial assistance is extended or for another puzpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGBNCY., its successors and assigns. . ADMINISTERING AGENCY, in considemtion of the conveyance of said lands and interests in lands, does hereby COVenant and agree as a covenant running with the land for itself. its SUC<<'ssors and assignst (1) that no petson shall on the grounds of race. color. sex. national origin, religion. age or disability, be excluded from participation in, be denied 1he benefits of, or be otherwise SUbjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) *. . (2) that ADMINISTERING AGENCY shall use 1he lands and interests in lands so conveyed. in compliance with all requirements imposed by ot" pursuant to TItle 49. Code of Federal RegulatiODS, Department of 1'I"3lJSportation.. Subtitle A. Office of the Secretary, Part 21, N on-discriminadon in Federally-assisted programs of the Department of Transportation _ Effectuation of Title VI of the Civil Rights Act of 1964. and as said Regula1ions may be amended (;) and , (3) that in the e\>CDt of breach of any of the above-mentioned nondiscrimina.tion conditious., the U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said land. and the above-described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of TransPOrtation-and its assigns as such interest existed prior to this deed. * . * "R.evener clause and related language to be used only when it is detennined that such a clause is necessary in (lrder to effectuate the purposes of Title VI of the avil Rights Act of 1964. 13 11129;~',: ~:') 09/27/2005 09:48 915-553-7521 CALTRANS LOCAL ASST PAGE 15/19 APPENDIX C TO EXHIBIT B The following clauses shall be included in any and all deeds, licenses. leases, permits, or similar instrument'> entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B. , . 'Ihe grantee (licensee, lessee. permittee, etc., as appropriate) for bimself, his heirs. personal represenlative.s, successoxs in interest, and assigns. as a part of the consideration hereof, does hereby cove1iant and agree ('m tbe case of deeds and leases add "as covenant nmning with the land") that in the event facilities are constl'Ucttld, maintained. or otherwise operated on the said property described in this (deed. license. lease, permit, etc.) for a pmpose for which a U.S. Department of Transportalion program or activity is extended or for anorher puzpose involving the provision of sjmll.... services or benefits, the (gmntee.licensee., ~~<:ee. permittee, etc.), shall IDaintain and operate such facilities and services in compliance with all otbec tequheme:nts imposed pursuant to T1de 49, Code of Federal Regulations, U.S. Depanmcut of Transportation. Subtitle A. Office of SecretaIy, Part 21, Nondiscrimlnation in FederaUy-assisted pro~ the Department ofTmnsportabon - Effectuation of TItle VI of the Civil Rights Act of 1964, and as saitl Regulations may be amended. (Include in licenses, leases, permits, etc.). That in the event of breach of any of the abc;>ve nondiscrimination covenants. ADMIN'IsTERJNG AGENCY shall ha'\1e the right to tenninate the (license. lease. pemtit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease. pemrlt. etc.) had never been made or issued. (Include in deeds). 1bat in the event of breach of any of the above DOndiscrimmation cownants, ADMIN'IsTERJNa AGENCY shall have the right to re-enter said land and facilities thereon, and the abovtHiescribed lands and facilities shall thereupcjQ revert to and vest in and become the absolute property of ADMIN'IsTERJNo AGBNcY and its assigns. . i * Reverter ~use and related language to be ~ Only when it is determined that such a clause is necessary m ~der to effectuate the purposes of T1tle VI of the Civil Rights Act of 1964. . 14 Il129195 09/27/2005 09:48 915-553-7521 CALTRANS LOCAL ASST PAGE 15/19 APPENDIX D. TO EXHIBIT B . 'The fallowing shall be included in all deeds, Jji'C'1se5, le.ases, permits, or similar agreements entered into by the ADMINISTERING AGENCY. pursuant to the provisions of Assurance 7 (b) of Exhibit B. The ~tee (licensee, lessee, pemrltree, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideIatiou hereof, does hereby coveWmt and agree (m the case of deeds. and leases add "as a covenant nmning with the land") that: (1) no person on the ground of race, color, sa, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or ot:berviiSe subjected to discrimination in the use of said facilities; (2) that in the construction of any impro"ifCments on, over. or.Wider such land and the furnishing of services thereo'fr;"iw person on the ground of race. color. sa. national origin, religion. age or dis'tbility shall be excluded from participation in. denied the benefitS of,. or otherwise be &Ubjecred to discrimination; and (3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations. . (Include in Iicenses~ leases, permits, etc.)* . That in the eyent of bIeach of any of the above nondiscrimination covenants, ADMlNISTERING AGENCY sball have the right to tenuinare the (Ij~nse,lea.se, permit, etc.) and to ~ter and :repossess said land and the facilities thereon, and hold the same as if said (1icense.lease. pennit, etc.) bad never been . .. . made or issued. (Include in deeds). That in the event of breach of any of the above nondiscrimination covenants, ADMlNISTERING AGENCY shall have the right to re-enter said land and facilities thereon. and the aboVe-dCscribed lands and facilities shalI thereupon revert to and vest in and become the absolute property of ADMlNISlERING AGENCY, and its assigns. . . .i · Reverter clause and related language to be used only when it is detemtined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. 15 11129/95 Alo . i 09/271~0_0.!'~. 09..;5.8.v 915-553-7521 "'tr.,lO{ I '~.jt)b CALTRANS LOCAL ASST CUPERTINO CITY ADMIN PAGE 17/19 PAGE en~ RESOLUTION NO. 9841 A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF CUPERTINO AUTHORIZING EXECUTION OF ADMINlSTERINO AGENCY -STATE MASTER AGREEMENT NO_ 04-5318 FOR FEDERAL.AlD PROJECTS BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE CITY OF CUPERTINO WHEREAS, thetHtas been presented to the City Council an Administering Agency-State Master Agreement No. 04-5318 covering the general requimnents of aU federa1-aid projects re1ativ-e to prosecution of projects and the maintenance of the completed &CUhies; and " ;, WltEREAS, the proposed. master agreement has been modified to reflect me new provisions of the mtennodaJ Surface TranspOrtation Efficiency Act (fSTEA) and the re- engineered Local Assistance procedure; and ~s, aU agencies are requested to exocute the latest Version; and WHEREAs, the provisioDS,'temls. and conditions oftbe aforementioned agreemem have been reviewed and approved by the City Attorney and the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hen:by approves: the suqject agreement and authoJ;izes the Mayor and the City Clerk to execute said agreement on behalf of the City ofCupenino. . ,\ PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupenino this 19th day of May, 1.997. by the following vote: '. j " ~ . ~ Membets m~ em COurJ~il AYES = NOES: ABSENT: ABST AlN; Buruet~. Chang, Dean, Sorengen~ Bautista None NonE! None A TTEST= APPROVED: e...n Is/ Roberta Wclf@ Citv Clerk ,_ .._.__.,. .. _.. . /s/ John Bautista Mayor,. City of Cupertino " .r ; I /: j . 'I'. ~.- -a _" _ I A, 09/27/2006 09:48 915-553-7521 CALTRANS LOCAL ASST PAGE 18/19 STATE QFCAuFd~NJA. ElUSINESS. lRANSPO~TA110N AND HousrNO AGeNcy D-EPARTMENT OF TRANSPORTATION DESIGN AND LOCAL PROGRAMS 1120 N Street P. o. Box 942874. MS #1 Sacram9nb:t, CA 94274-0001 TOO (916) 654-4014 (916) 6543151 Fax (9115) 654-2409 -' .' '.. '. ,'~ . PETE WlL:SON, Governor @ July 77 1997 File: 04 ~5318 Mr. Bert Viscovich Director of Public Works POBox 580 Cupertino, CA 95015 ..~.' Dear Mr. Viscovich: Enclosed is your fully executed copy of the updated Administering Agency- State Master Agreement 5318 for the above-referenced project. Sincerely, . HERB REINL Office of Local Programs Project Implementation Enclosure cc: OLP AE project files ,J (04) DLAE - Rich Monroe B9/27/2005 09:48 915-553-7521 ." . ~ , .~~ .;i,:~.'~-, ~ .\-!.!,,.~'. ~~~~~, ." ~j,t.: '1lP~~~;~,~~f ~:~)~P~~" '~~~'i9i'''.' , 4 .~ ,~:~ . ....'"r-:.. .:~ ,,:-' ("j ty 0 f Cupertino CALTRANS LOCAL ASST PAGE 19/19 :;~?~~~~1~!'ED ~,; ,:.! , 19971 . ',I ',. t": . '. . ~ . /, City Hall r 0300 Torre A'Venue Cupertino, CA 95014..3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 May 29, 1997 Herb Reinl California Department of Transp0 rtatiolJ_ Design and Local Programs P. O. Box 942874:l MS #1 Sacramento, California 94274-0001 OFFICE OF THE CITY CLERK MASTER AGREEMENT-ADMINISTERING AGENCY-STATE AGREEMENT FOR . FEDERAL-AID PROJECTS Enclosed are two copies of the agreement by and between the. City of Cupertino and California Department of Transportation. After execution of the agreement, please ret\llI1 One copy to City Clerk's Office, City of Cupertino, 10300 Tone Avenue, Cupertino, CA 95014. If you have any questions or need additional infonnation, please contact this office. ~ ~ \l\f) f}f1 ~~ ~ ~~ . ~ .~ \~ Sincerely, . ~ . . ~ ~~'LLy- . KIMBERL Y SMITH, CMC CITY CLERK KS/cs Enclosure Printed r,m RecJ/cled ';';~per . ~~/L(IL~~b ~~:4~ :I1b-553-7521 CALTRANS LOCAL ASST _AGE 01/19 ~ OF CALlrORNIA ~ 09JA"TMENT OF IRANSPORiATION ~SIMlLE CO~ER 0002 (REVISEC 7~2) Attention: ren Guerin rom: DIV I L Office of Program Management P.o. Box 942874 ... MS1... 1120 N Street, Room 2400 Sacramento, CA 94274-0001 Init/Company lty of Cuppertino . Sender: NANCY PHILLIPS Date 09/27/06 Total Pages (including covar sheet) 18 District/City. .lppertino FAX # (Inc~ude area code) (916) 653-7621 Phone # (& area code) Calnet Fax 8-464-2408 Calnet (916) 653-8640 8-453-8640 Phone # (& area code) 08)777~3291 FAX # (& area code) (408) 777-3333 ORIGINAL DISPOSmON: o Destroy 0 Return D Call for Pick-up )mment: This is a copy of the Federal-Aid Master Agreement No. 5318 for the City of Cuppertino. ~