83-053 Cooperative agreement- Caltrans Highway 85 Transportation Study STATE OF CALIFO NIA—BUSINESS AND TRANSPORTATION AGENCY GEORGE DEUKMEJIAN, Governor
DEPARTMENT \OF TRANSPORTATION
BOX 7310 .4.4 1)
SAN FRANCISCO 94120
,(415) 557-1840
1S 55
November 8, 1983 C�O�4
a
l?
� sir
—SC1 -85 4. 1 /17. 9
134-485000
Dist. Agmt. No. 4-0883—C
Document No. SCL-43-4887
Ms. Dorothy Cornelius
City Clerk
City of Cupertino
P. 0. Box 580
Cupertino, CA 95015
Dear Ms. Cornelius :
Subject: Executed Cooperative Agreement for Files
Attachment for the City' s files is one fully executed copy of the
Cooperative Agreement to provide for the funding of the transportation
study on State Highway Route 85 between Route 87 and Stevens Creek
Boulevard.
Thank you for your cooperation.
Sincerel 'ours,
BUR ' C. B'CHTOLD
Di-trict lirector
PA H. HUG
Interim Study Manager
Attachment
RESOLUTION NO. 6166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT WITH CALTRANS TO PRO-
' VIDE FUNDING FOR HIGHWAY 85 TRANSPORTATION STUDY
WHEREAS, there has been presented to the City Council an agreement
between the City of Cupertino and State of California Department of Transpor-
tation regarding 'funding of the transportation study on State Highway Route
85 between Route 87 and Stevens Creek Boulevard, and the terms and conditions
of said agreement having been approved by the Director of Public Works and the
City Attorney, and
WHEREAS, the City Council of the City of Cupertino approved said agree-
ment.
NOW, THEREFORE, BE IT RESOLVED .that the. Mayor and the City Clerk are
hereby authorized -to execute said agreement in behalf of the City of Cuper-
tino.
•
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 19th day of September , 1983 by the following
vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Rogers, Sparks, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ John J. Plungy,, Jr.
Mayor, City of Cupertino .
ATTEST:
• THIS IS TO CERTIFY THAT THE WITHIN .
INSTRUMENT IS ATRUE'ANO CORRECT COPY
OF THE ORIGINAL ON FILE IN THIS OFFICE.
/s/ Dorothy Cornelius ATTEST' ! a2/./ I >
City Clerk CITY CLEF • THE CITY OF CU TING
By 4
, CITY
A
04-SC1-85 4. 1 /1.7.9
04134-485000
Rte. 87 to Stevens Cr. Blvd.
Transportation Study
• Dist. Agmt. No. 4-0883-C
Document No. SC1-43- 4 8 8 7
1 COOPERATIVE AGREEMENT
2 THIS AGREEMENT, ENTERED INTO ON SEPTEMBER 19 , 1983, •
3 is between the STATE OF CALIFORNIA, acting by and through its
1. Department of Transportation, referred to herein as STATE, and
. 5 CITY OF CUPERTINO,
• 6 a body politic and a municipal •
corporation ,of the State of
7 California, referred to- herein
as CITY.
8
9 RECITALS
10 t1 ). The then existing California Highway Commission by
11 resolutions dated October 17, 1956, November 25, f957, and
12 September 27, 1961, adopted the location for State Highway Route
13 85 between Route 101 (Monterey Road) in San Jose and Route 101 in
14 Mountain View.
15 (2) Subsequent- to said adoptions, STATE constructed
16 the northerly portion of said Route 85- between Stevens Creek
17 Boulevard and Route 101 in Mountain View and also acquired a
18 substantial portion, of the real property which would be- required
19 for construction of the remainder of the facility,
20 (3) Although transportation development alternatives
21 for the southerly portion of the Route 85. corridor easterly•of
22 Route 87 have recently been evaluated, there has been no recent
23 comprehensive evaluation of possible transportation facility
24 development in the segment of Route 85 between Route 87 and
25 Stevens Creek Boulevard. •
-1 -
4Cn8a2 DUPLICATE ORIGINAL.
. 4 ,
1 (4) Responsible representatives of Santa Clara County
2 and various local and regional governmental agencies likely to b:
3 affected by development of a transportation facility in the Rout:
4 85 corridor have expressed the need for a reevaluation of the
5 choice of transportation mode or modes to be developed in this
6 segment of the corridor. -
7 (5) STATE is willing to undertake a study and to
8 prepare a Draft Environmental Impact Statement/Draft
9 Environmental Impact Report (DEIS/DEIR) covering transportation
10 alternatives along the adopted alignment of State Highway Route
11 85 between Route 87 and Stevens Creek Boulevard, referred to
12 hereinafter as "STUDY" .
13 (6) STATE is willing to contribute one-half of the
14 total cost of STUDY, provided that the various local affected
15 agencies will collectively contribute the other half of the cost
16 and will advise and assist STATE in the conduct of said STUDY.
17 (7) A Policy Advisory Board composed of locally
18 elected officials representing affected agencies including CITY
19 has been formed to advise and assist STATE in the conduct of
20 STUDY. •
21 (8) A Technical Advisory Committee (TAC) , also known
22 as the Project Development Team (PDT) , consisting of staff
23 members from each of the affected agencies, including CITY and
24 STATE, has also been formed to advise and assist the Policy
25 Advisory Board and STATE in the conduct of STUDY.
4CD802 -2-
,
1 (9) STUDY will be conducted in general conformance
2 with applicable Federal and State requirements' and with a Work
3 Program developed by the TAC in consultation with the Policy
!} Advisory Board. The Work Program may be amended or revised from
5 time to time as necessary to meet changing conditions without
6 affecting the terms of this agreement.
7 (10) This agreement sets forth the terms and conditions
8 under which CITY and STATE will cooperate and jointly participate
9 in STUDY.
10
11 SECTION I
12 STATE AGREES:
13 (1 ) To act as Lead Agency by providing the necessary
14 professional and technical staff services as required for STUDY
15 and for public displays, meetings and hearings to be conducted by
16 STATE, and to bear STATE' S share of the expense thereof.
17 (2) To keep the Policy Advisory Board and the TAC
18 informed of progress of and significant developments affecting
19 STUDY.
20 (3) To bear 50 percent of the total cost of STUDY; but
21 in no event shall STATE's total obligation for costs under this
22 agreement exceed the amount of $500,000; provided that STATE may,
?3 at its sole discretion, in writing, authorize a: greater amount.
24 * * * * * * * * * * • * * * *
25 * * * * * * * * * * * * *
-3- •
4cD8o2
1 (4) Upon completion of the STUDY to furnish CITY with
2 a final statement of the actual cost of STUDY; � and to refund to
3 CITY any amount of CITY' s deposits, required in Section II,
$ Article (3) , remaining after actual costs to be borne by CITY
5 have been deducted.
6 SECTION II
7 CITY AGREES: _
8 (1 ) To cooperate with, advise, assist and participate
9 with STATE in STUDY including:
10 (a) Maintaining CITY representation on the
11 Policy Advisory Board and on the TAC.
12 (b) Fostering effective community and public
13 participation.
lli (c) Furnishing CITY staff time to provide
15 information on community desires, local
16 land use and transportation plans, and
17 other relevant information readily
18 accessible to CITY' s staff.
19 (2) To bear 2. 25 percent of the total costs of STUDY
20 (said costs do not include the cost of CITY staff time which may
21 be expended on STUDY) ; but in no event shall CITY' s total
22 obligation for said costs under this agreement exceed the amount
23 of $25,000; provided that CITY may at its sole discretion, in
24 writing, authorize a greater amount upon request by STATE
25 pursuant to the provisions of Section III, Article (7). of this
—4-
4cD8o2
•
•
1 agreement.
2 i3) To deposit $7, 500 with STATE within 25 days of
3 receipt of billing from STATE, which billing will be forwarded
4 upon execution of this agreement by STATE. To make a second
5 deposit of $7, 500 during December 1983 within 25 days of receipt
6 of billing, which billing will be forwarded by STATE on or about
7 December 1 , 1983. To make a final deposit of $7, 500 during July
8 1984 within 25 days of receipt of billing, which billing will be
9 forwarded by STATE on or about July 1 , 1984.
10 SECTION III
11 IT IS MUTUALLY AGREED AS FOLLOWS:
12 (1 ) All obligations of STATE under the terms of this
13 agreement are subject to the appropriation of resources by the
14 Legislature and the allocation of resources by the California
15 Transportation Commission.
16 (2) Should any portion of STUDY be financed with
17 Federal funds or State gas tax funds, all applicable procedures
18 and policies relating to the use of such funds shall apply
19 notwithstanding other provisions of this agreement. •
20 i3) STUDY will be conducted in general conformance
21 with applicable Federal and State requirements and with a Work
22 Program developed by the TAC in consultation with the Policy
23 Advisory Board. The Work Program may be modified or amended frog
' 24 time to time to meet changing conditions without affecting the
25 terms of this agreement-.
-5-
4CD802
1 (4) The DEIS/DEIR to be prepared as a part of STUDY
2 shall be prepared in accordance with all applicable Federal and
3 State laws, rules and procedures.
4 (5) In the event that the total deposits, including
5 the STATE' s share, exceed the actual final cost of the STUDY, the
6 excess thereof shall be refunded to the participating agencies in
7 the same proportion as their respective deposits. The actual
8 final cost of STUDY will be determined upon completion of all
9 work and final accounting of all related charges, and shall be
10 the sum of the following:
11 (a) Salary costs computed in accordance with
12 STATE's standard accounting procedures.
13 (b) Travel and per diem expenses including
14 charges for the use by such employee of
15 State vehicles, if required, in accordance
16 with rates set up by the State Board of
17 Control Rules under Title 2, Section 706.
18 (c) Functional indirect and administrative
19 overhead costs computed in accordance with
20 STATE's Accounting Manual Chapter 11 ,
21 Table 6-2.
22 * * * * * * * * * * * * * *
23 * * * * * * * * * * * * * *
24 * * * * * * * * * * . * * • * *
25 * * * * * * * * * * . *• * * *
-6_
4CD802
•
•
1 (6) In the event that the actual final cost of the
2 STUDY exceeds twice the total deposits from all participating
3 agencies by no more than one percent of the estimated total cost
4 of STUDY, the Cities of Saratoga, Campbell, Cupertino, and the
5 Town of Los Gatos shall equally bear the said excess. Should
6 the actual final cost of the STUDY exceed twice the total
7 deposits by more than one percent of the estimated total cost of
8 STUDY, STATE and all the participating agencies shall endeavor
9 to agree upon a mutually agreeable method of financing the
10 overrun. For purposes of this agreement, the estimated total
11 cost of STUDY is $1 ,000,000. •
12 (7) In the event that one or more of the agencies
13 that have previously indicated a willingness to participate in
14 the cost of STUDY fail to execute an agreement with STATE, or
15 fail to make one or more of the required deposits, it is the
16 intent that STUDY will be undertaken and completed by the
17 remaining participating agencies. If the cost of STUDY cannot
18 be reduced sufficiently to compensate for the loss of expected
19 deposits, each of the remaining participating agencies may be
20 requested to increase its pro—rata share to make up for the
21 missing portions of funding for STUDY. If one or more of the
22 remaining participating agencies are unable, for any reason, to
23 increase their deposits if so requested, STATE may, at STATE's
24 option, cancel STUDY and refund all unexpended deposits to the
25 participating agencies in proportion to their respective
—7-
4cD8o2
1 deposits.
2 (8) Neither STATE nor any officer or employee thereof
3 shall be responsible for any damage or liability occurring by
4 reason of anything done or omitted to be done by CITY under or
5 in connection with any work, authority or jurisdiction delegated
6 to CITY under this agreement. It is also agreed that,
7 pursuant to Government Code Section 895.4, CITY shall fully
8 indemnify and hold STATE harmless from any liability imposed for
9 injury (as defined by Government Code Section 810.8) occurring
10 by reason of anything done or omitted to be done by CITY under.
11 or in connection with any work, authority or jurisdiction
12 delegated to CITY under this agreement.
13 (9) Neither CITY nor any officer or employee
14 thereof, shall be responsible for any damage or liability
15 occurring by reason of anything done or omitted to be done by
16 STATE under or in connection with any work, authority or
17 jurisdiction not delegated to CITY under this agreement. It
18 is also agreed that, pursuant to Government Code Section 895.4,
19 STATE shall fully indemnify and hold CITY harmless from any
20 liability imposed for injury (as defined by Government Code
21 Section 810.8) occurring by reason of anything done or omitted
22 to be done by STATE under or in connection with any work,
23 authority or jurisdiction not delegated to CITY under this
24 agreement.
25 * * * * * * * -
-8-
4cD8o2
1 ( 101 Upon completion of STUDY, ownership and title to
2 all reports, documents, maps , plans and any other materials ,
3 produced or acquired as a part of STUDY will automatically be
4 vested in the STATE and no further agreement will be necessary to
5 transfer ownership to the STATE.
6 (11 ) This agreement may be altered or amended from tint:
7 to time by' mutual consent of the parties hereto.
8 ( 12) This agreement shall terminate upon completion of
9 STUDY or on December 31 , 1987, whichever is earlier..
10
11 STATE OF CALIFORNIA CITY OF CUPERTINO
Department of Transportation
12 LEO TROMBATORE
Director of - .nsportation By',yif 10011/1 �, !,
3 �14By / / Ati'7-st: � itr ' 4 i ,,
:1J-CH C . BACHTOLD - CityrClerk
15 District Director - ° ,
16
17
APPRO EDj TO 10
18
19 e1 / n
City Attorn- { ' P
20
21
22
23
24
25 •
4c08o2 —9—
,.,,
�4 �a
5 ., Citi of Cupertino
10300 Torre Avenue P.O.Box 580
Cupertino,California 95014 Cupertino,California 95015
Telephone:(408)252-4505
OFFICE OF THE CITY CLERK
September 6, 1983 '
' R. C. Chioino, Study Manager 04-SC1-85 4.1/17/9
Department of Transportation 04134 - 485000
Box 7310 Route 87 to Stevens Creek Boulevard
San Francisco, CA 94120 Dist. Agreement No. 4-0883-C
•
COOPERATIVE AGREEMENT - CITY OF CUPERTINO RESOLUTION NO. 6151
Dear Mr. Chioino:
•
We are enclosing to you as requested three (3) copies of the enclosed
cooperative agreement'between the City of Cupertino and the State of
California, all of which have been fully executed by City Officials,
along with three (3) certified copies of Resolution No. 6151.
After signature by the appropriate State official, we will be looking
forward to a fully executed copy for our files.
Thank you foryour cooperation.
Sincerely, /-
fi
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
enol
cc: Department of Public Works
STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY GEORGE DEUKMEJIAN, Governor
DEPARTMENT OF TRANSPORTATION
BOX 7310
SAN FRANCISCO 94120
(415) 557-1840
'.111
August 10, 1983 /17 -- ; ; \,
OU _ 04-SC1-85 4. 1 /17 .9
04134 - 485000
�:. 1: Route 87 to Stevens
\ ;•.. ' V� Creek Boulevard
Dist. Agmt. No. 4-0883-C
Mr . Robert W. Quinlan
City Manager
City of Cupertino
P. 0. Box 580 •
Cupertino, CA 95015
Dear Mr. Quinlan:
Subject: Proposed Cooperative Agreement for Execution
Enclosed are four (4) copies of the proposed Cooperative
Agreement between the State and the City of Cupertino to provide
for funding of the transportation study on State Highway Route 85
between Route 87 and Stevens Creek Boulevard. This agreement was
drafted with the cooperation of the Route 85 Policy Advisory
Board on which your agency is represented by Councilman John
Gatto.
If the agreement is satisfactory, please have three (3) copies
signed by the appropriate City officials and return them to us
together with three (3) certified copies of a resolution adopted
by the Council of the City of Cupertino approving the agreement,.,.
and authorizing its execution. After signature by the
appropriate State official, you will be furnished a fully
executed copy of this agreement for your files.
Sincerely yours,
BURCH C. BACHTOLD
District Director
By .
12- G GR,.-ow.r
R. C. CHIOINO
Study Manager
Attachments
10-0)—
/ 04-SC1-85 4. 1 /17.9
04134-485000
Rte. 87 to Stevens Cr. Blvd.
Transportation Study
Dist. Agmt. No. 4-0883-C
Document No.. SC1-43- '
1 COOPERATIVE AGREEMENT
2 THIS AGREEMENT, ENTERED INTO ON , 1983,
3 is between the STATE OF CALIFORNIA,: acting by and through its
4 Department of Transportation, referred to herein as STATE,. and
5 CITY OF CUPERTINO',
6 a body politic and a municipal
corporation. of the State of
7 California, referred to herein
as CITY. ,
8
. 9 RECITALS
10 � 1 ) The then existing California Highway Commission by
11 resolutions dated October 17, 1956, November 25, 1957; and •
12 September 27, 1961 , adopted the location for State Highway Route .
13 85 between Route 101 (Monterey Road) in San Jose and Route 101 in
14 Mountain View.
15 (2) Subsequent to said adoptions, STATE constructed
16 the northerly portion of said Route 85 between Stevens Creek
17 Boulevard and Route 101 in Mountain View and also acquired a
18 substantial portion of the real property which would be required
19 for construction of the remainder of the facility.
20 (3) Although transportation development alternatives
'21 for the southerly portion of the Route 85 corridor easterly of
22 Route. 87 have recently been , evaluated, there has been no recent
23 . comprehensive evaluation of possible transportation facility
24 development in the segment of Route 85 between Route 87 and
25 Stevens Creek Boulevard. 2/
-1 - / ��!/
4CD802 �� 0S-1
1 (4) Responsible representatives of Santa Clara County
2 and various local and regional governmental agencies likely to b:
3 affected by development of a transportation facility in the Rout:
4 85 corridor have expressed the need for a reevaluation of the
5 choice of transportation mode or modes to be developed in this
6 segment of the corridor.
7 (5) STATE is willing to undertake a study and to
8 prepare a Draft Environmental Impact Statement/Draft
9 . Environmental Impact Report (DEIS/DEIR) covering. transportation
10 alternatives along the adopted alignment of State Highway Route
11 85 between Route 87 and Stevens Creek Boulevard, referred to
12 hereinafter as "STUDY" .
13 (6) STATE is willing to contribute one-half of the
14 total cost of STUDY, provided that the various local affected
15 agencies will collectively contribute the other half of the cost
16 and will advise and assist STATE in the conduct of said STUDY.
. 17 (7) A Policy Advisory Board composed of locally
18 elected officials representing affected agencies including CITY
19 has been formed to advise and assist STATE in the conduct of
20 STUDY.
21 (8) A Technical Advisory Committee (TAC) , also known
22 as the Project Development Team (PDT) , consisting of staff
23 members from each of the affected agencies, including CITY and
24 STATE, has also been formed to advise and assist the Policy
25 Advisory Board and STATE in the conduct of STUDY.
4CD8D2 -2-
•
1 (9) STUDY will be conducted in general conformance
2 with applicable Federal and State requirements and with a Work
3 Program developed by the TAC in consultation with the Policy
4 Advisory Board. The Work Program may be amended or revised from
5 time to time as necessary to meet changing conditions without
6 affecting the terms of this agreement.
7 ( 10) This agreement sets forth the terms and conditions
8 under which CITY and STATE will cooperate and jointly participate
9 in STUDY.
10
11 SECTION I
12 STATE AGREES:
13 ( 1 ) To act as Lead Agency by providing the necessary
14 professional and technical staff services as required for STUDY
15 and for public displays, meetings and hearings to be conducted by
i6 STATE, and to bear STATE's share of the expense thereof.
17 (2) To keep the Policy Advisory Board and the TAC
18 informed of progress of and significant developments affecting
19 STUDY.
20 , (3) To bear 50 percent of the total cost of STUDY; but
21 in no event shall STATE'S total obligation for costs under this
22 agreement exceed the amount of $500,000; provided that STATE may,
�3 at its sole discretion, in writing, authorize a greater amount.
24
25 * * # * *
-3-
4C.D802
1 (4) Upon completion of the STUDY to furnish CITY with
2 a final statement of the actual cost of STUDY; and to refund to
3 CITY any amount of CITY' s deposits , required in Section II,
4 Article (3) , remaining after actual costs to be borne by CITY
5 have been deducted.
6 SECTION II
7 CITY AGREES:
8 (1 ) To cooperate with, advise, assist and participate
9 with STATE in STUDY including:
10 (a) Maintaining CITY representation on the
11 Policy Advisory Board and on the TAC.
12 (b) Fostering effective community and public
13 participation.
14 (c) Furnishing CITY staff time to provide
15 information on community desires, local
16 land use and transportation plans, and
17 other relevant information readily
18 accessible to CITY' s staff.
19 (2) To bear 2. 25 percent of the total costs of STUDY
20 (said costs do not include the cost of CITY staff time which may
21 be expended on STUDY) ; but in no event shall CITY' s total
22 obligation for said costs under this agreement exceed the amount
23 of $25, 000; provided that CITY may at its sole discretion, in
24 writing, authorize a greater amount upon request by STATE
25 pursuant to the provisions of Section III, Article (7) of this
4-
4cD802
1 agreement.
2 i3) To deposit $7, 500 with STATE within 25 days of
3 receipt of billing from STATE, which billing will be forwarded
4 upon execution of this agreement by STATE. To make a second
5 deposit of $7, 500 during December 1983 within 25 days of receipt
6 of billing, which billing will be forwarded by STATE on or about
7 December 1 , 1983. To make a final deposit of $7, 500 during July
8 1984 within 25 days of receipt of billing, which billing will be
9 forwarded by STATE on or about July 1 , 1984.
10 SECTION III
11 IT IS MUTUALLY AGREED AS FOLLOWS: •
12 (1 ) All obligations of STATE under the terms of this
13 agreement are subject to the appropriation of resources by the
14 Legislature and the allocation of resources by the California
15 Transportation Commission.
16 (2) Should any portion of STUDY be financed with
17 Federal funds or State gas tax funds , all applicable procedures
18 and policies relating to the use of such funds shall apply
19 notwithstanding other provisions of this agreement.
20 i3) STUDY will be conducted in general conformance
21 with applicable Federal and State requirements and with a Work
22 Program developed by the TAC in consultation with the Policy
23 Advisory Board. The Work Program may be modified or amended fro.,
24 time to time to meet changing conditions without affecting the
25 terms of this agreement.
-5-
4cD802
1
1 (4) The DEIS/DEIR to be prepared as a part of STUDY
2 shall be prepared in accordance with all applicable Federal and
3 ` State laws, rules and procedures.
4 (5) In the event that the total deposits , including
5 the STATE's share, exceed the actual final cost of the STUDY, the
6 excess thereof shall be refunded to the participating agencies in
7 the same proportion as their respective deposits. The actual
8 final cost of STUDY will be determined upon completion of all
9 work and final accounting of all related charges, and shall be
10 the sum of the following:
11 (a) Salary costs computed in accordance with.
12 STATE' s standard accounting procedures .
13 (b) Travel and per diem expenses including
14 charges for the use by such employee of
15 State vehicles , if required, in accordance
16 with rates set up by the State Board of
17 Control Rules under Title 2, Section 706.
18 - (c) Functional indirect and administrative
19 overhead costs computed in accordance with
20 STATE' s Accounting Manual Chapter 11 ,
21 Table 6-2.
22 * * * * * * * ' * * * * * * *
23 * * * * * * * * * * * * * *
24 * * * * * * * * * * * * * *
25 * * * * * -* * * -* * * * * . *
-6-
4cD8o2
•
1 (6) In the event that the actual final cost of the
2 STUDY exceeds twice the total deposits from all participating
3 agencies by no more than one percent of the estimated total cost
4 of STUDY, the Cities of Saratoga, Campbell, Cupertino, and the
5 Town of Los Gatos shall equally bear the said excess. Should
6 the actual final cost of the STUDY exceed twice the total
7 deposits by more than one percent of the estimated total cost of
8 STUDY, STATE and all the participating agencies shall endeavor
9 to agree upon a mutually agreeable method of financing the
10 overrun. For purposes of this agreement, the estimated total
11 cost of STUDY is $1 ,000,000.
12 (7) In the event that one or more of the agencies
13 that have previously indicated a willingness to participate in
14 the cost of STUDY fail to execute an agreement with STATE, or
15 fail to make one or more of the required deposits , it is the
16 intent that STUDY will be undertaken and completed by the
17 remaining participating agencies. If the cost of STUDY cannot
18 be reduced sufficiently to compensate for the loss of expected
19 deposits, each of the remaining participating agencies may be
20 requested to increase its pro—rata share to make up for the
21 missing portions of funding for STUDY. If one or more of the
22 remaining participating agencies are unable, for any reason, to
23 increase their deposits if so requested, STATE may, at STATE' s
24 option, cancel STUDY and refund all unexpended deposits to the
25 participating agencies in proportion to their respective
—7-
4cD8o2
•
1 deposits.
2 (8) Neither STATE nor any officer or employee thereof
3 shall be responsible for any damage or liability occurring by
4 reason of anything done or omitted to be done by CITY under or
5 in connection with any work, authority or jurisdiction delegated
6 to CITY under this agreement. It is also agreed that ,
7 pursuant to Government Code Section 895.4, CITY shall fully
8 indemnify and hold STATE .harmless from any liability imposed for
9 injury (as defined by Government Code Section 810.8) occurring
10 by reason of anything done or omitted to be done by CITY under
11 or in connection with any work, authority or jurisdiction
12 delegated to CITY under this agreement.
13 (9) Neither CITY nor any officer or employee
14 thereof, shall be responsible for any damage or liability
15 occurring by reason of anything done or omitted to be done by
16 STATE under or in connection with any work, authority of
17 jurisdiction not delegated to CITY under this agreement. It
•
18 is also agreed that, pursuant to Government Code Section 895.4,
19 STATE shall fully indemnify and hold CITY harmless from any
20 liability imposed for injury (as defined by Government Code
21 Section 810.8) occurring by reason of anything done or omitted
22 to be done by STATE under or in connection with any work,
23 authority or jurisdiction not delegated to CITY under this
24 agreement.
25 * i
-8-
4cD8o2
fi
Y
I
1 ( 10) Upon completion of STUDY, ownership and title to
2 all reports, documents, maps, plans and any other materials
3 produced or acquired as a part of STUDY will automatically be
4 vested in the STATE and no further agreement will be necessary t.
5 transfer ownership to the STATE.
6 (11 ) This agreement may be altered or amended from tim:
7 to time by mutual consent of the parties, hereto.
8 (12) This agreement shall terminate upon completion of
9 STUDY or on December 31 , 1987, whichever is earlier.
10
11 STATE OF CALIFORNIA CITY OF CUPERTINO
Department of Transportation
12 LEO TROMBATORE
Director of Transportation By �;,� "►,'_ l� — � e '
13 __ / iv
14 By At /got :
BURCH C . BACHTOLD ity%1erk
15 . District Director
16
1 APP'IVEI A To roRM:
18
p7 r
/k r ASAti
y A'tarn-y
19
20
21
22
23
24
25 •
4CD802 -9-