State of California Tantau Ave Crossing over Route 280, July 21, 1975" . '"' ' ...
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HLS01.u·1_-.ON NO. 39f\J
A RES:JLUTION OF TllE CJTY COUNCIL Oi TIIE CITY OF Cl!PERTJ/:(1
AUTHORIZING EXECUTION OF AGREEME!rr ;1E',' ':EN ·TllE CITY o:·
CUPERTINO AND THE STATE OF CALIFORNIA i-THE co::sTRlJCTION
01' TANT AU OVERCl{()SSJ .. G
\.tHEREAS, there has been presented to the City Counc'il an Agreement by
and between tht::! State of Cali.fornia and the City of Cupertino to construct
Tantnu Overcrossin& ov.cr Route 280; and snid Agr~ement havir.g been approved
by the Director of Public Works and the City Attorney;
NOh', THEREFOHE, BE IT flTcSOLVEI!, that the Mayor and tlw City Clerk are
hereby nuthorj zed to excc11te the agreement herein re [erred to i:i. behalf of
the City of Cupertino.
PAf~SEI> /·.~·;o ADOl'TED nt a re~ulnr m'~eting of the Ci.ty Council 0f the City
nf Cupertino this .Vst ___ dny of _ __J-1).ly ______ , 197'.J, by th<' follmn"'Z vote:
\'ot c M(!_r~!)e_r_!~ __ n_f --~·_h_~ __ r;,i !.X_-~~~J_f!_~:_j_!:_
1\Yl~;.;: Frolich, Meyers, Nellis, Sparks, Jackson'
t~nES: None
f. II S t:l\'l' : None
AUSTA1Vi: None
THIS IS TD CEkTlr'Y THAT THC WITHIN
INSTRUMENT IS A TRUE AND CORRECT COPY
or THE 0F'11GJNAL ON FILE IN THIS OFFICE.
A.TT EST, £-~<_-_..' J , 1~ ?j--
C1 rv CLLRK OF ·rHc CITY_ or CUPCRffNO
"":-' -1'.i? (/·_)
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,r·-··-_ CITY Cl ~·r.•lfl -----(__.,.A-;_C~ ~ , cY
APPROVSD:
Isl James E • .Jackson --------~-·-----~---·--~-----------·---
Mayor, City of C11pc!" lino
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04-SCl-280-7.9
04215 .. 428321
Tantau Avenue Ov~rcrossing
Dist. Agmt. No. 4-0454-C
Document No. SC1•43-J.9!l6 1
AGREH!ENT
TllIS AGREH!ENT, l·!ADE AND ENTERED INTO THIS
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BY AND BET\\'EEM
DAY OF . j!_..,.,_.<2,_,,. , 1975,
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CITY OF CUPERTINO,
a body politic and a municipal
corporation of the State of
California, hereinafter referred
to as "CITY"
STATE OF LALil'ORNIA,
acting by and through its Business
and Transportation Agency,
Department of Transportation,
hereinafter referred to as "STATE".
\VITNESSETll:
l'illEREAS, Tantau Avenue is a city street that extends from
Bollinger Jl,ia<l, about 1.0 mile south of Route 280, to .llomestea<l
Roa::l about 0,7 mile north of Route 280 and presentiy <lead ends
on nach side of the freeway; and
~IEREAS, Tantau Avenue <lid not intersect the proposed Route
280 freeway at ,,the time Gf route adoption in July, 1958, and a
1~71 traffic study estimates the 1975 ADT to be 18,000 and the
1995 AUT to be 30 ,OOO on Tan tau Avenue; and
-1 -DUPLICATE ORIGINAL
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l II WHEREAS, portions of a large development named Vallco
2 Ji Industrial Park located on both sides of Route 280 nre developing
3 II at a rapid rate and nearly all of the properties north of
4 Junipcro Serra Freeway (Route 280) and adjacent to Tantau Avenue
5 II arc now occupied and a substantial traffic access problem is
6 developing; and
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MIEREAS, CITY requested, by resolution dated July 6, 1970,
the construction of an overcrossing structure and approach
roadways on Tantau Avenue; hereinafter referred to a~
10 II "I:-IPORVE:IENTS"; and
11 II WHEREAS, STATE has scheduled the construction of the
12 ii proposed H!PROVEHEN'fS in the 1979-80 fiscal year and CITY feels
13 I it is imperative that the r~.JP!WVE~IE:-ITS be constructed in the
14 1975-76 fiscal year in order to provide for needed traffic
15 II circulation; and
16 If h'llEREAS, CITY is willing to contribute to STATE the lump
17 sum amount of $250,000, in addition to the normal cost to CITY
18 for constructing Tan tau Avenue as if the freeway <lid not exist;
19 I to furnish additional embankment material necessary to complete
20 the fill; and to acquire the necessary right of way; and
21 II MIEREAS, CITY appeared before the California Highway
22 II Commission on October 16, 1974, to request the Commission to
23 I advance the construction of the Tantau Avenue Overcrossing of
24 Route 280 from the 1979-80 fiscal year to the 1975-76 fiscal
25 year; and
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WHEREAS, the California Highway Commission, in view of the
savings to STATE which would result from CITY'i offer,.
concurred with the early programming of the HIPROVEl·IENTS; and
WHEREAS, CITY and STATE <lo mutually desire to cooperate
and jointly participate in construction of the H!PROVEllENT~ and
desire to specify herein the terms and conditions which said
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overcrossing shall be designed, constructed, and financed. I
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NOW, TIIEREFORE, in consideration of the covenants and I
9 conditions herein contained, the parties hereto agree as follows:i
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11 I SECTION I
12 STATE AGREES:
13 1.) To construe t the HIPROVmlENTS, through construction by
14 II contract with construction contractor licensed by the State of
15 California, said contract to be carried out in accordance with
16 provisions of the State Contract Act, Chapter 3, Part 5,
17 Division 3 1 Title 2 of the Government Code, and work completed
18 in conformity with plans and specifications of STATE hut subject
19 to review and approval by CITY, prior to advertising of project.
2.) Except for tl1c equivalent c1st of constructing Tantau
Avenue, the financial contribution, rights of way acquisition,
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the furnishing of additional embankment material, and removals
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and/or relocations of CITY-owned utilities to be made by CITY as /
provided for !1ereinafter in Section II, to bear the entire
expense of the enginecrine and construction costs required to
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l II complete said IMPROVEMENTS.
2 I! 3.) To make all' arrangements with the 01;rters of all public
' 3 I/utilities (except for CITY-owned utility f<>cilities) for the
4 removal and/or relocation of all utility facilities which
5 II conflict with cunstruction of the H!PROVEr!ENTS, in ac,:ordance
6 with applicable law or the master contract in effect with the
7 llrespective utility owners.
8 4.) Upon com~letion and acceptance by STATE of STATE's
9 I/construction contract and all work incidental thereto, to
10 llfurnish CITY with a detailed accounting of costs to be borne by
11 llCITY and to refund to CITY any portion of CITY's advance
12 deposits (provided for l1ereinafter in Section II, Article (1))
13 remaining after actual costs to be borne by CITY have been
14 deducted.
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S.) To maintain, at STATE's sole expense, all portions of
VIPROVE:.JE.'./TS constructed witl1in STATE's right of WB)' pursuant
this Agreement, including t'. e entire structure below the top
the concrete deck surface and any safety screening, exclusive
any bituminous surface treatment thereon.
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l 11 SECTION II
2 11 CI TY AGREES:
3 1.) To deposit with STATE, upon receipt of a written
4 statement from STATE that the contract for the work provided
5 for herein has been advertised, and upon receipt of billing
6 therefor, the amount of $450 ,000, which figure represents
7 CITY's share of the construction costs required to complete the
8 D!PROVE'.-!E:-ITS, (e$timated to be $200 ,000) and CITY' s lump sum
9 contribution of $250,000 referred to herein.
10 The actual amount of CITY's share of construction costs
11 will be determined after com11lction of work and will bd the sum
12 11',f the following:
13 (a) One hundred percent (100%) of the normal
14 II construction costs of Lrntau Avenue as if the
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freeway did not exist. The actual final cost shall
be 0 based on aciual ancl estimated q11antities for
Tantau Avenue at tl1e contract prices paid the
contrnctor plus :rny extra work involved as referred
to in Exhibit "i\'', attached hereto and by this
reference made a part of this Agreement. CITY's
cost is estimated to be $200,000.
(b) Ti1e lump sum amount of $250,000 in consideration
for a<lvancing the construction of the I'IPROVE~·IENTS,
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1 2.) In the event that the construction cost to CITY to be
2 ll computed at the time of bid opening docs not exceed the present
3 I/estimated cost of $200,000, referred to in Subarticle l(a) above,
4 I and attached Exh~bit "A" by more tlwn ten· percent (10%), STATE
5 II may award a contract for aforesaid project. If,. however, saicl
6 estimated construction cost of Szon,ono is exceeded by more than
7 II ten percent (10%), ST.\TE shall consult with CITY and upon writtcnj
8 II consent of CITY thereto to assune the additional funds •1pon
9 I/ demand by STATE, STATE will ai<ard aforesaicl contr:ict. If CITY
10 11 does not consent to asslli:iinr; the additional <!cposit in the event
11 I/ bids arc in excess of 10 percent (10~) of cstinate, project will
12 II be considered as abandoned by CITY as set forth in Section I I,
13 II Article (7) herein.
14 3,) To furnish at no cost to ST.\TE the additional e1~bankment
15 II r~.aterial necessary for the !'11'1 (0\'E'!J:~>TS.
16 4,) To maintain close liaison wit!1 STATE to insure that
1 7 II CITY complies with STATE and f'e<leral rq;ul~.tions in the
18 appraisal and acquisition of the property rights. fn addition,
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CITY will mak( available, on request, the necessary documents
and other information needed l1y the STATE nonitoring lor
compliance with said regulations.
5.) To provi<lc for relocation ~.ssistancc and payments, if
23 II applicable, in acc'.ordancc with' Federal and State legislat.ion.
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l 6,) To acquire in CITY's name and at CITY's sole expense,
2 JI all right, title and interest and permit to enter and construct
3 '/to all rights of way necessary to construct and maintain the
lt I structure and roadway approach fills outside STATE's existing
5 II freeway right of way and to furnish to STATE in a form acceptable
6 If to STATE, prior to STl\TE 's bid advertising date of construction
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contract that:
(a) All s11ch rights of way have been acquired or that
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any unacquired parcel or parcels, and any Relocatio
Assistance, if ieq11ircd, !iu~ been provided.
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(b) CI1Y has secured all necessary court orders for
immediate possession of any unacquired parcel or
parcels and will prosecute to corapletion as soon
thereafter as possible, all court proceedings for
tl1c acquisition of any such parcels.
(c) Said rights of wny J1ave been cleared of all
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obstructions above or helm• ground which could
conflict with construction of I:!PROVE'IE~;Ts and/or
relocation of utilities. CITY, at its own expense
shall arrange for and remove and/or relocate all
CITY-owned utilities which STATE determines will
conflict with the construction of I~·!l'ROVE~·IENTS.
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l. 7,) Sh::>Ultl CITY request STATE to abandon the project beforl!
2 II it is constructed, CITY s!1all pa)' to STATE imrriediatei.y upon
3 II receipt of a statement therefor, all costs incurred by STATE
4 be fore !'eceipt of not ice to aba,~don I'IPROVEnE'.'/TS from CITY. If
5 II J.lll'ROVD!ENTS are subsequently constructed, CITY shall be given
6 credit towards its required contribution in the amount of
seventy-five percent ( 7 5 % ) of the amount previously paid to 7
8 STATE at the time of abandonment less a11y nonrecoverable cos ts
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incurred by STATE to outside age.1ci es or companies (!:uch as
pre 1 im i nary cos ts by public utility companies).
3.) CITY idll naintain all portions of the I'll'P-0\'E'IENTS
12 II constructed h·ithir. CITY's right of h'ay and in addition, to
13 I naintain the deck an.I/or s11rfacing of tlie aforesaid structure
14 and sl1all p~rform such work as may he necessary to ensure an
15 II inpcn·ious and/or othendsc suitable surface. The CITY Hili
16 also naintain all portions of the structure above the bridge
I'( II deck (exclusive of any safety screening),. as above specified,
18 including lighting installations, as 1>ell as all traffic service
19 facilities that may be required for the benefit or control of
20 II CITY street traffic.
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l SECTION III
2 II IT IS MUTUALLY U~WERSTOOD A~-ID AGREED:
3 II I.) That obligations of STATE under terms of this Agreement
4 arc subject to the allocation of funds by California Highway
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Commission.
2.) That CITY will indemnify and save STATE, its officers,
agents, and employees harmless from any and all liability for
8 II injuries to persons or damar;c to prop1'rty caused or resulting
9 II in any manner fror.i STATE' s performance under this Agrccr.ient, ·
10 II excepting for injuries to persons or dar.iagc to property caused
11 II or resulting from the sole negligence or willful nisconduct of
12 II STATE, its officers, a;;cnts, and employees.
13 3.) That, should any portion of the project he financed
li-t II .dth Federal Funds or State Gas Tax Funds, all applicable
15 ! procedures and policies relating to t\.e use of such funds shall
16 apply, notl>i.thstan-'ing other provisions of this Agrccr.ient.
17 4.) That, in the construction of said work, STATE 1dll
18 II furnish a representative to perforn the usual functions .of a
19 II Resident Engineer, and CITY may, :i.t no cost to STATE, furnish a
20 II rcFrc«entative, if it so desires., and that said representative
21 II and Residc-nt Engineer 1..-ill cooperate and consult with each ot'.1er,
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22 II but the order of STATE 's engineer shall be final.
23 5,) That, should STATE incur any additional expense on
24 II behalf of CITY pursuant to construction or engineering of the
25 II IllP!WVDIE~n'S referred to herein which is not specifically define&
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1 /under provisions set forth in this Agreement, said additional
2 expense, if incurred on behalf of CITY will be borne at CITY•s
3 sole expense.
4 6.) That, execution of this Agreement by CITY grants to
5 STATE the right to enter upon CITY-owned lands to construct the
6 Il-IPROVEl!ENTS referred to herein which lie outside of STATE's
7 right of way,
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9 r:; l'.'ITNESS 11l!EREOF, the parties hereto have caused this
10 Agreement to be executed by their respective officers, duly
11 authorized, the provisions of ,.,hich Agreement arc effective as
J.2 of the day, month and year first hcr-:!irwbove written.
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STATE OF CALil'O~HA
Ucpartncnt of Transportation
Transportation District 4
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CITY OF C1Jl'ERTL'/O I
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EXHIBIT "A"
page 1 of 2
CITY'S CONSTRUCTION COST FOR THEORETICAL AT
GRADE TANTAU AVENUE CiWSSING
Item Des.:ription
Clearing f, Grubbing
Develop Water Supply
Structure Excavation
Structure Backfill
Erosion Control
Finisliing Roadway
Class 2 Aggregate Base
Aggregate (Type A
Asphalt Concrete)
Paving Asphalt
(Asphalt Concrete)
Liquid Asphalt, SC-70
(Prime Coat)
t!inor Concrete
(!Hnor Structure)
12" Reinforced
Concrete Pipe
(Class III)
!Hnor Concrete
(!'!isc. Const.)
).fisc. Iron & Steel
Unit
LS
LS
CY
CY
LS
LS
CY
Ton
Ton
Ton
CY
LF
CY
LB
*Quantity
so
45
3,400
2,500
138
12
3
94
280
458
**Unit Price Amount
($) ($)
3,000
2,000
10 500
14 63\l
10,000
1,000
14 47,600
15 37,500
90 12,420
150 1,800
400 1,200
10 940
100 28,000
I 458
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Sub Total Roadwork
Electrical
Sub Total
Contingencies 13\
Total
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E;rJU,BIT "A"
page 2 of 2
$147,048
3 Q.,_Q.Q.Q.
177,048
22 ,952.
$200,0IJO
*Engineer's estimated quantites. Actual quantities,
combined with the theoretical quantities of the
portion excepted by the br i<lgc, wi 11 be used for
computing the CITY's actual cost.
**Engineer's estimated prices. Actual prices to be
"Se<l for computing CITY's actual costs shall be the
Contractor's bi~ prices.
:fote: In the e\·ent: that additional i terns of work
which l>erc not anticipated at the time of
execution of tl1is Agrecr.ient are required,
for which CITY is obli-;ated under terms of
this ,Agreement, STATE wi 11 consult with CITY
and obtain CITY's written approval for such
additional cost prior to constructiqn.
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DEPARTMENT OF T;(ANSPORTATJON
P. 0. l(tX l:t:66 AINCON ANUEX
SAN FRANCISCO 9'4119
{41SJ 157·1840
Nov,.:mbar 21, 197 5
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Mr. Bert Via1rnvich
Director• of Public Works
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear Mr. Viskovich:
CilY Of r,UP[HINO
i'IJfJl If \':·~4 !';
R(CllVf.O
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. ' EOMUNO G. BROWk JR., Govllff"°'
04-SCl-280 PM 7. 9 .
Tant.au Avenue OC
04215 -428321
D1st.Agrnt. No. 4-0454-C
Subject: Proposed Cooperative Agreement fo.r Execution
Attached are five (5) copies of the proposed Cooperative Agree-
ment between t.he City and State to provide for construction of
an overcrossing of State Highway Route 280 at Tantal! Avenne in
Cupertino.
If the Agreement is sa tlnfEictory, please have four ( 4) copies
signed by the appropr1a te City officials and retu1•n them to us
together with four (4) certified·copies pf a Resolution adopted
by the City Council approving the ~\greement and. authorizing its
execution. After signature by the appropriate State officials,
you w11J. be furnished a fully executed copy of this Agreement
fop your files. · '
Please note thEit construction of this p1•0Ject is subject to 'Che
allocation of funds by the California Highway Commission which
1B pending.
Thank you for your cooperation.
Sincerely yours,
'l'. H .LAMMERS
D~atr•ict Director
By: 4/d--Ji.,1,-,Z-L~
Q. lf." FLETCHER
Senior Engineer
Project Development
attach:
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10300 Teare Avenue
Cupertino, Ca!ifornia 95014
T<loph°"" (41l!J) 252-4505
DEPARTMENT OF ADMINISTRATIVE SERVICES
December 3, 197 5
T.R .. Lam:me1's, District Director
•
State of California -Uusincss an<l Transportation Agency
Department of T~anspu:..~tation
P.O. Box JJ66 H1ncon .Annex
San Francisco, California 94119
TA.'\TAU OVERCROSS D:G
Enclosed are four copies of the Agreement between the City of Cupertino
and the State of California. The5e copies have been executed by the City
Cupertino. Please return one fully executed copy of the agreement to
this office.
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!CLLEN i'AGNINI
DEPUTY CITY CLEHK
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• • STATE OF CAUFOR~~:-:-BUSINESS AND TRAN'SPORTATIO,N AGE·N~C='=="===== ====~~===='"'D"'M"'UN=D"""O=. =··=o=w=N=J= .. ,,,·,,,c=-="""=
DEPARTMENT OF TRANSPORTATION
P. 0. BOX 3366 IUNCON ANNEX
SAN FRANCISCO 94119
(4l5) S57·l840
January 30, 1976
Mr. William Ryder
City Clerk
City of Cupertino
10300 •rorre Avenue
Cupertino, CA 950111
Attention Ms. Ellen Pagnini
Dear Mr. Ryder:
FILE: 04-SCl-280-7.9
04215 -428321
Tantau Avenue o.c.
Document No. SCl-43 -1936
Subject: Executed Cooperative Agreement for Files
Attached for the City's files is one fully executed copy of
the Cooperative Agreement to provide for the construction of
an overcrossing of' State Highway Route 280 at Tantau Avenue in Cupertino.
We have scheduled this project to be advertised in February.
Thank you for your cooperation.
Very truly yours,
T. R. LAMMERS
District Director
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,:/? -i. <-Qd-7f.,,-<.-J tJ 9:... H. FLETCHER
Senior Engineer
Project Development
Attachment
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