Loading...
89-128A CalTrans Freeway agreement State Route 85 Saratoga Sunnyvale Rd Reso 9315, 8572, 8232, 8024 RESOLUTION NO. 9315 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF RELEASE OF SANTA CLARA COUNTY TRAFFIC AUTHORITY OF FURTHER OBLIGATION-OF COOPERATIVE AGREEMENT NO. 3-CUP . ROUTE 85/DE ANZA BOULEVARD BRIDGE PROJECT WHEREAS, the Santa Clara County Traffic Authority and the City of Cupertino entered into Cooperative Agreement No. 3-CUP, Route 85/De Anza Boulevard Bridge Project, dated January 6, 1992, for the construction of certain improvements in fulfillment of the Traffic Authority's ,obligation in conjunction-with the construction of Route 85; and WHEREAS, the Traffic Authority is desirous of making a lump sum payment of the balance of remaining funds and be released of any further.obligation'stipulated in the aforementioned cooperative agreement; and WHEREAS,the City is willing to accept the offer of the Traffic Authority. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby accepts the offer and authorizes the Mayor and the City Clerk to. execute the release document on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of April , 1995,by the following vote: Vote Members of the City Council AYES: Bautista, Burnett, Koppel, Sorensen, Dean NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Wally Dean City Clerk Mayor, City of Cupertino COOPERATIVE AGREEMENT NO. 3 -CUP ROUTE 85 DeANZA BOULEVARD BRIDGE PROJECT This Agreement is entered into on the 6th day ofJanuary , 1992 between the SANTA CLARA COUNTY TRAFFIC AUTHORITY, a public entity of the State of California (referred to hereinafter as "AUTHORITY") and the CITY OF CUPERTINO, a municipal corporation of the State of California (referred to hereinafter as "CITY"). RECITALS 1 . AUTHORITY and CITY contemplate constructing on and near State Highway Route 85 in the City of Cupertino in Santa Clara County improvements consisting of widening of the DeAnza Boulevard Bridge from four lanes to six lanes with two left-hand turn pockets signalization and ramp improvements referred to herein as "PROJECT". A diagram identifying the location of PROJECT is attached as EXHIBIT A. 2. Construction of PROJECT is necessary to mitigate traffic impacts associated with loss of access from northbound Route 280 to Route 85/Stevens Creek Boulevard as a result of the construction of Route 85/280 interchange which is part of the AUTHORITY's Measure A Program. AUTHORITY's contribution to PROJECT satisfies AUTHORITY's obligation to provide funding for related local street improvements to replace loss of access from northbound Route 280 to Route 85/Stevens Creek Boulevard. 3. CITY is willing to provide plans, specifications and estimates (PS&E) for PROJECT. DeAnza Agreement No. 3 -CUP February 3, 1992 Page 1 of 8 4. CITY is willing to construct PROJECT and provide contract administration of PROJECT. Contract administration shall include pre -contract administration (processing of PS&E through a bidding process for advertising, bid evaluation, and award of a contract for constructing PROJECT). 5. CITY is willing to provide construction management of PROJECT. Construction management shall include construction contract administration, construction engineering, inspection, materials testing, claims processing and closeout. 6. CITY, pursuant to Streets and Highway Code Section 114, will enter into a separate agreement with the State of California Department of Transportation, referred to herein as "STATE", regarding design and construction of portions of PROJECT on STATE right-of-way, and design, financing and construction of seismic retrofit of PROJECT and subsequent maintenance thereof. 7. AUTHORITY and CITY are willing to share the costs of design, construction, construction management, and contract administration of PROJECT as specified in this Agreement. 8. AUTHORITY and CITY do mutually desire to jointly set forth herein the terms and conditions under which PROJECT will be designed, constructed, financed and maintained. Now, therefore, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: DeAnza Agreement No. 3 -CUP February 3, 1992 Page 2 of 8 SECTION I AUTHORITY AGREES: 1. To provide technical oversight and direction of the development of the plans, specifications and estimates (PS&E) for PROJECT. 2. To bear, not to exceed, $418,000 of the total estimated cost of construction of PROJECT for design and construction management for PROJECT. 3. To bear 50%, estimated to be $950,000, of the total actual cost of construction of PROJECT including all materials, supplemental work, changes and claims associated with construction of PROJECT. 4. That AUTHORITY's total obligation for design, construction, and construction management of PROJECT under this Agreement is estimated to be $1,368,000. This amount may be exceeded only by vote of AUTHORITY, the certified results of which will be incorporated into the Agreement without the necessity of a written amendment. 5. To pay CITY within thirty days after receipt of monthly invoice from CITY, as described in SECTION II, Article 8 below. DeAnza Agreement No. 3 -CUP February 3, 1992 Page 3 of 8 SECTION II CITY AGREES: 1. To provide plans, specifications and estimates (PS&E) for PROJECT in accordance with applicable CITY standards and guidelines and RECITALS, Article 6 above. 2. To obtain all right-of-way, permits and clearances required for PROJECT at no cost to AUTHORITY. 3. To construct PROJECT by contract in accordance with PS&E and RECITALS, Article 6 above. 4. To provide, or arrange to have provided, contract administration for PROJECT as defined in RECITALS, Article 4 above at no cost to AUTHORITY. 5. To provide, or arrange to have provided, construction management for PROJECT as defined in RECITALS, Article 5 above. 6. To bear balance of costs not paid by AUTHORITY for total actual cost of design and construction management for PROJECT. 7. To bear 50% (estimated to be $950,000) of the total actual cost of construction of PROJECT including all materials, supplemental work, changes and claims associated with construction of PROJECT. 8. To submit to AUTHORITY each month an invoice for AUTHORITY's share of progress DeAnza Agreement No. 3 -CUP February 3, 1992 Page 4 of 8 payments for design, construction, and construction management of PROJECT as specified in this Agreement. 9. To submit to AUTHORITY each month a construction progress report which describes the work performed and completed during the reporting period, states the cumulative percentage complete to date, and reports on change orders issued (current and cumulative), progress payments made (current and cumulative), and significant events affecting progress of the work, such as bad weather, work stoppages, etc. 10. To submit to AUTHORITY for approval, prior to implementation, all change orders with an estimated cost of $20,000 or more except when necessary for the safety of motorists and/or pedestrians or for the protection of property. 1 1 . To provide for maintenance of all facilities as constructed under this PROJECT in accordance with RECITALS, Article 6 above, and make no claim against AUTHORITY for any portion of such maintenance expense. 12. Upon completion of construction of PROJECT and all work incidental thereto, to provide to AUTHORITY a detailed statement of the total actual costs of construction of PROJECT. Within thirty days thereafter, to provide AUTHORITY an invoice for AUTHORITY's share of additional costs for PROJECT, or refund for AUTHORITY overpayment in accordance with the cost sharing terms of this Agreement. DeAnza Agreement No. 3 -CUP February 3, 1992 Page 5 of 8 • SECTION III IT IS MUTUALLY AGREED: 1. If the lowest responsible bid is more than the Engineer's Estimate, AUTHORITY and CITY shall consult upon a course of action. If a course of action is not agreed upon within 25 calendar days after bid opening, this Agreement shall be deemed to be terminated by mutual consent pursuant to Article 2 of this SECTION III. 2. Prior to award of the construction contract for PROJECT, this Agreement may be terminated by either AUTHORITY or CITY or by mutual consent. In the event of such termination, AUTHORITY and CITY shall each bear 50% of total construction costs expended to date, and AUTHORITY shall bear 100% of the total design and construction management costs expended to date, not to exceed $418,000. 3. Should the value of the construction contract award be lower than the total estimated cost of construction of PROJECT, design, construction and construction management in SECTIONS I and II above shall be proportionally reduced without the necessity of an amendment to this Agreement. (4. Upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed under This PROJECT will automatically be vested in CITY and STATE, as appropriate, in accordance with provisions of the Agreement described in RECITALS, Article 6 above. No further agreement will be necessary to vest appropriate ownership in CITY and STATE. DeAnza Agreement No. 3-CUP February 3, 1992 Page 6 of 8 • 5. That neither AUTHORITY, nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold AUTHORITY harmless from any liability imposed for injury, as defined by Government Code Section 810.8, occurring by reason of anything done or omitted by CITY under this Agreement or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 6. That neither CITY, nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted by AUTHORITY under or in connection with any work, authority or jurisdiction delegated to AUTHORITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, AUTHORITY shall fully indemnify and hold CITY harmless from any liability imposed for injury, as defined by Government Code Section 810.8, occurring by reason of anything done or omitted by AUTHORITY under this Agreement or in connection with any work, authority or jurisdiction delegated to AUTHORITY under this Agreement. DeAnza Agreement No. 3-CUP February 3, 1992 Page 7 of 8 • 7. Except as otherwise provided in Articles 1 and 2 of this Section III, the portions of this A Agreement pertaining to the design and construction of PROJECT shall terminate upon completion and acceptance of the PROJECT by CITY and upon fulfillment by AUTHORITY and CITY of their respective financial obligations under this Agreement. SANTA CLARA COUNTY TRAFFIC AUTHORITY CITY OF CUPERTINO B �Z B �JA ES.T. BEALl-, JR. - U ALEE SORENSEN C irperson Mayor APPROVED-AS TO FORM AND LEGALITY: APPROVED AS TO FORM AND LEGALITY: KDJALLMAND HARLES KILIAN Deputy'County Counsel City Attorney Atte Attest: DONALD M. RAINS DOROTHY C04$ ELIUS Clerk of the Board of Supervisors and Acting City Clerk Secretary, Traffic Authority DeAnza Agreement No. 3-CUP February 3, 1992 Page 8 of 8 i I �-. . . . . . . . . . . �i BOULEVARD � II N 0 / m r z i 77 r BOULEVARD DE ANZA BOULEVARD/1-280 OVERCROSSING CUPERTINO ALTERNATIVE Citil of Cup¢rti"o 10300 Torre Avenue Cupertino,CA 95014-3255 Telephone: (408)252-4505 P.O.Box 580 FAX:(408)252-0753 Cupertino,CA 95015-0580 DEPARTMENT OF THE CITY CLERK February 24, 1992 Mr. Will Kaq)ton, EMecutive Director Santa Clara County Traffic Authority l Technology Drive, Suite 224 San Jose, CA 95110 COOPERATIVE A _ ROUTE 851 DE ANZA BOULEVARD BRIDGE WID ENIW Dear Mr.Kempton: We are enclosing to you for Your files and the information two (2) copies of �'eeznent by between the City of Cu County Traffic Authority, which has pertino and the Santa Clara along with two 2 been fully executed by City Officials, enacted ( ) certified copies of Resolution No. 8572, which was 'tin of Monday, Council of the City of Cupertino, at their regular g Y� 6, 1992. Thank you for your cooperation. Sincerely, DOROTHY t7U •m• CITY CLERK CITY OF CUPERTINO DC/so_ encl. cc: DePu7tmnt of Public Works SANTA CLARA COUNTY TRAFFIC AUTHORITY Jim Beall Barbara Tryon Chairperson Vice Chairperson WIII Kempton, Executive Director Susan Hammer Michael F. Kotowski Zoe Lofgren February 5, 1992 Mr. Bert Viskovieh Director of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Mr. Viskovich: SUBJECT: Cooperative Agreement No. 3 -CUP Enclosed for signature are three copies of the subject Cooperative Agreement . No. 3 -CUP for the DeAnza Boulevard Bridge Project on Route 85. If you have any comments regarding the Cooperative Agreement, please contact David Downs or Susan Collins at (408).453-1313. Please have all copies signed by your. authorized representatives and return the requisite number of copses of the executed documents to us as soon as possible. Please note that the Traffic Authority roust have two originals - one each for Authority and` County files. Thank you for your continuing assistance with the Measure A Program. Sincerely, WILL KEMPTON Executive Director WK/DGD/SC/sf MSA 109-11 =� U 3-cup.let Enclosures 1754 Technology Drive, Suite 224, San Jose, California 95110 (408) 453-3777 Printed on recycled paper STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 4, OFFICE OF PROJECT DEVELOPKENT tom` t SANTA CLARA COUNTY 1754 Technology Drive, Suite #228 �j San Jose, CA 95110 ----� f) (408) 452-7300 F, � 219,00 October 26, 1990 I Barbara Koppel, Mayor City of Cupertino P. O. Box 580 Cupertino, CA 95015-0580 Dear Mayor Koppel: Attached you will find two copies of the executed Memorandum of Understanding covering the Route 85 Freeway Agreement limits. Thank you for your continued cooperation regarding the matters on the future Route 85. Sincerely yours, PRESTON W. KELLEY District Director by 12�4X rHARRY Y. YAHATA JVD Deputy District Director Office of Proj . Dev. "A" South Bay Counties Attachment cc: Will Kempton - SCCTA RESOLUTION N0. 8232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUJPERTINO AUTHORIZING EXECUTION OF MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA DEPA10= OF TRANSPORTATION AND THE TRAFFIC AUTHORITY APPRIOVING TIMING, FUNDING AND PURE FOR INI'E IM IMPRIOVEMENTS OF THE ROUTE 280/85 INTERaiANGE WHEREAS, the City Council of the City of Cupertino has been presented with a Memorandum of Understanding related to the timing, funding and procedure for interim improvements of the Route 280/85 interchange; and WHEREAS, the City Council has reviewed said Memorandum which is between the City of Cupertino, the State of California Department of Transportation and the Traffic Authority; and WHEREAS, the City Council approves of the Memorandum of Understanding; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the Memorandum. of Understanding herein referred to in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th_ day of September , 1990 by the following vote: Vote Members of the City Council AYES: Goldman, Koppel, Sorensen, Szabo, Rogers NOES: None THIS IS TO' CERTIFY THAT THS �AIITHIN INSTRUMENT ISA TRUE A.ND r-0RRECT C;©RY ABS=: None [IF THE ORIGINAL OE,N FILE: IN T}-;ia �,, / -5� ATTEST&/ ABSTAIN: None CITY CLERK O E CITY pF G i BY ATTEST: APPR VED: CITY LER _ /s/ Dorothy Cornelius /s/ Barbara A. Rogers City Clerk Mayor, City of Cupertino STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY GEORGE DEUKMEIIAN, Governor r, DEPARTMENT OF TRANSPORTATION DISTRICT 4, OFFICE OF PROJECT DEVELOP14ENT • SANTA CLARA COUNTY / 1754 Technology Drive, Suite *228 San Jose, CA 95110 (408) 452-7300 September 5 , 1990 04-SCL-85 15.9/18. 9 04-SCL-280 10.4/11.0 04-437471 Mr. Bert Viscovich Director of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95015 Dear Mr. Viscovich: - MEMORANDUM OF UNDERSTANDING This is a "Memorandum of Understanding" between the State of California, Department of Transportation (Caltrans) and the City of Cupertino (City) covering the Route 85 Freeway Agreement limits between Saratoga/Sunnyvale Road and Route 280 . This memorandum documents the mutual understanding of the parties involved relative to our respective obligations, intentions, and policies. It is not intended to authorize funding or project development effort. Funding commitments for specific work phases or project efforts will be covered by one or more separate cooperative agreements as may be outlined herein. As you are aware, funding for the various phases of the proposed work and the project development work effort is to be provided from the Santa Clara County Measure A one-half cent sales tax. The Santa Clara County Traffic Authority and the City will enter into a performance agreement based on mutual agreements, including among other things, interchange configurations and horizontal and vertical alignments of Route 85, within the confines of the Freeway Agreement. The Traffic Authority funding will be contingent upon their adopted Strategic Plan and project cost estimates at the completion of final design. Caltrans has no funding commitment to projects identified as Measure A construction projects in the City of Cupertino at this time. r MEMORANDUM OF UNDERSTANDING September 5, 1990 Page -2- The Traffic Authority has developed general plans and profiles for the Route 85 Freeway in Cupertino as shown on the attached plan and profile sheets. These attachments should be considered preliminary design plans only and depicts the conceptual design of the freeway and its interchanges for purposes of negotiating freeway agreements. Detailed design plans by the Traffic Authority will follow and will need to be approved by Caltrans. Should unforeseen funding shortfalls arise from the Measure A program requiring curtailment of the Traffic Authority's planned construction of Route 85 in accordance with the freeway and performance agreements, there will have to be stage construction of the Route 85 Freeway and such stage construction will be mutually agreed to by the City and Caltrans. Except for minor adjustments necessary for detailed design purposes, Caltrans will not change the preliminary design plan and prefile unless mutually agreed to by the City of Cupertino and Caltrans. This mutual understanding between the City of Cupertino and Caltrans is an independent document and is not a binding part of either the Freeway Agreement to be entered into between the Department of Transportation (herein referred to as Caltrans) and the City of Cupertino or the Performance Agreement between the Santa Clara County Traffic Authority and the City of Cupertino. Sincerely yours, HARRY Y Y,4kHJrA Deputy District Director Caltrans Mayor City of Cupertino DATE: 0C • I I f O DATE: APPROVED AS TO FORM: ATTEST " v City Attorney City Clerk . Attachments MEMORANDUM OF UNDERSTANDING v o City of Cupertino o S.C.C.T.A. o Caltrans BACKGROUND The purpose of this Memorandum of Understanding is to address anticipated traffic impacts within the Route 85/280 Interchange at Stevens Creek Boulevard in the City of Cupertino as a result of the construction of Route 85 freeway south of Stevens Creek Boulevard. As part of the Santa Clara County Measure A Program and the State's Freeway Agreement process following design studies, it was determined that certain modifications to the Route 85/280 interchange, including the existing Route 85/Stevens Creek Boulevard interchange, would be required in order to make the interchange complex operational. The required modifications were jointly studied, recommended by staff, presented publicly and approved by City Council, the Traffic Authority and Caltrans, subject to the provision of funds for modifying and reconstructing the interchange to make it operational. The Traffic Authority, through its Performance Agreement with the City, included $3 . 0 million for related local street improvements to replace the loss from northbound Route 280 to Route 85/Stevens Creek Boulevard. As a result, the Freeway Agreement between the City and State on Route 85, in the city of Cupertino from Saratoga-Sunnyvale Road to Homestead Road; and on Route 280 from 0. 3 mile east to 0. 3 mile west of Route 85 was executed on the 3rd day of April, 1989. Caltrans estimates that costs to complete the required modifications are approximately $10 million, exclusive of local streets ' In the most recent Strategic Plan, approved in July of 1989, the Santa Clara County Traffic Authority programmed only $4.5 million for modifications to the interchange. Caltrans commented on the 1989 Draft Strategic Plan in September, 1989., that the full freeway improvements described in the executed freeway agreement for this location should be funded. The Traffic Authority informed Caltrans that due to funding constraints in the Measure "A" Program the $4 .5 million for construction was the maximum funding that could be expected for the modifications needed at the Routes 85/280 Stevens Creek Boulevard interchange. $4 . 5 million will only fund a portion of the originally identified required modifications to the interchange. 1 • In November, 1989, the Traffic Authority staff, Caltrans and the Traffic Authority consultants met to determine which modification • options would be most cost effective and provide the most benefits to the public from a traffic operational standpoint. At that time, the most obvious benefits to be derived from the $4 .5 million in funds were to design and construct those modifications to the interchange which provide movements from Stevens Creek Boulevard to north and southbound Route 280 and northbound Route 85. However, because of the concerns for traffic operational problems with the merge/weave movement in the southbound direction on Route 85 between Route 280 and Stevens Creek Boulevard, additional studies were made. Caltrans and the Traffic Authority, through a consultant, conducted a traffic analysis on the projected impacts of no improvements to the southbound Route 85 improvements. As a result of the analysis, which was an operational merge/weave analysis, it was determined that Levels of Service (L.O.S. ) D/E could be expected in 1993 on opening day of Route 85 and levels of Service E/F in 2010 during the P.M. peak period. Although these levels of service represent congestion and queuing, the Route 85 freeway in the southbound direction is also predicted to operate at L.O.S. D and E respectively, on opening day and in 2010 during the P.M. peak period. The southbound Route 85 traffic is predicted to queue across the structure over Route 280, so the weave movements between the southbound Route 280 connector to southbound Route 85 and the southbound Route 85/Stevens Creek Boulevard off ramp will operate at slow speeds. Alternatives were considered to improve those L.O.S. through low cost mitigation measures. One of the proposals considered was the temporary closing of the northbound Route 280 loop ramp to southbound Route 85 movement. This proposal would allow the southbound Route 85 freeway traffic, exiting Stevens Creek Boulevard, and southbound Route 280 traffic entering southbound Route 85 to merge/weave at a Level of Service D with some congestion, but would function much better operationally. The proposal -is of ,concern to the City of Cupertino and the Traffic Authority. Caltrans and the Authority met with the Mayor and staff of the City of Cupertino on May 14 and June 7, 1990, to discuss alternative interim measures. The City requested that Caltrans and the Traffic Authority look for- other means of mitigating the projected low operational Levels of Service (L.O.S. ) of the Route 85/Stevens Creek Boulevard off ramp, and the freeway to freeway merge/weave location. Studies were conducted, including metering of direct connector ramps, which indicated long delays and miles of queuing, potentially impacting mainline freeway operations. 2 CONCLNSION Following the two meetings between the City of Cupertino,. Santa Clara County Traffic Authority and Caltrans it is concluded that, since there are no Traffic Authority funds available at this time for improvements to southbound Routes 85 and 280 at Stevens Creek Boulevard, it is jointly agreed that: o The City, State and Traffic Authority will jointly sponsor an operational improvement project for the southbound improvements in the 1992 STIP cycle and for subsequent STIP cycles as necessary. The STIP project will include, 1) the modifications to southbound Route 85 between Stevens Creek and Route 280 interchanges as originally agreed to in the executed Freeway Agreement and 2) improvements to northbound Route 85 from Stevens . Creek Boulevard Interchange to Fremont Avenue in Sunnyvale to accommodate the extension of the Route 85 northbound HOV lane across Route 280. The Dalles Pedestrian Overcrossing will need to be reconstructed to accommodate northbound Route 85 improvements. o The Traffic Authority will continue to include the southbound modifications and reconstruction of Route 85 in their Strategic Plan to ensure the planned improvements will be eligible for Traffic Authority funding as soon as additional sales tax funds become available. If local funds become available, the southbound improvements may proceed independently and Caltrans will propose separate STIP funding for the northbound Route 85 HOV 'extension project. Once the Route 85 freeway is opened in 1993 as planned, south of Stevens ' Creek Boulevard, Caltrans will monitor the traffic operational impacts of the southbound Route 85/280 merge/weave conditions to validate the predicted traffic operations contained in the consultant report. The Department of Transportation, by statute, has the responsibility and authority to determine which interim measures would be appropriate to make the Route 85/280 Interchange operational, safe, and efficient for the public. However, the Department recognizes' the City's interest in any interim operational improvements proposed by the Department and the Department will continue to invite the City's input. 3 V Y J If Route 85 opens in 1993 without funds being available from the Traffic Authority,or available 1992 STIP funds, and the Department determines there is intolerable congestion and operational deficiencies, the City of Cupertino and Caltrans will jointly propose a STIP. project for funding in the 1994 STIP cycle and following STIP cycles as needed. The STIP project will provide for those improvements as described in the 1988 Strategic Plan, the Freeway Agreement, and the northbound Route 85 HOV lane improvements from Stevens Creek Boulevard to Fremont Avenue. If additional funding for improvements discussed above are not programmed during the next 1994 STIP cycle, Caltrans and the City mutually agree to consider all interim measures that may improve the southbound operations of the Route 85 Freeway and the southbound• Route 85 off ramp to Stevens Creek Boulevard. HARRY Y YA WILL KEMPTO Deputy District Director Santa Clara County Office of Project Development "A" Traffic Authority Southbay Counties APPROVED AS TO FORM: MAYOR City of Cupertino City Attorney ATTEST: � r Cit 'Clerk 4 STATE OF CALIFORNIA—BUSINESS. TRANSPORTATION AND HOUSING AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION y� DISTRICT 4, OFFICE OF PROJECT DEVELOPMENT ) SANTA CLARA COUNTY 1754 Technology Drive, Suite 0228 San Jose, CA 95110 (408) 452-7300 September 5, 1990 FILE: 04-SCL-85 04-SCL-280 Mr. Bert Viscovich Director of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95015 Dear Mrs. kscovich: Please find attached two Memoran ums of Understanding (MOD's) between the State of California, epartment of Transportation and the City of Cupertino. The MOU'S were approved by City ouncil Resolutions 8025 and 8232 . Your Mayor's signature of app oval is respectively requested by this letter. Sincerely yours, HARRY J`Y HATA Deputy Dis rict Director Office of Project Develop ent "A" Southbay Counties �d 1 Attachments V x STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION BOX 7310 SAN FRANCISCO, CA 94120 L� Q Cs (415) 923-4444 n L= i f ; NOV 81990 I!� November 8 , 1990 04-SCl-85-PM 15. 9/18 . 9 04-SCl-280-PM 10 .4/11. 0 City Council City of Cupertino 10300 Torre Avenue Cupertino, CA 95015 Attached for your permanent records is a fully executed copy of the revised Freeway Agreement between the State and the City of Cupertino for State Highway Route 85 from Saratoga-Sunnyvale Road to Homestead Road and for State Highway Route 280 from 0 . 3 mile east to o.3 mile west of Route 85 . It is requested that this office be consulted regarding any projects (public or private) , or other activities that could affect the right of way, operation or integrity of these freeways as soon as you or your staff become aware of them. In this way we will be able to advise you, well in advance, if these will or could have a detrimental impact on the freeways. Copies of this letter and attachments are being transmitted to the City Planning Commission, the Director of Public Works, the City Manager, and the City Building Inspector. Sincerely yours, PRESTON W. KELLEY District Director By H. Y. YAH TA Deputy District Director Attachment I 4-SC1-85-P.M. 15. 9/18 . 9 4-SC1-280-P.M. 10 . 4/11. 0 _ 'p In the City of Cupertino on Route 85 from Saratoga- Sunnyvale Road to Homestead Road; and .on Route 280 from 0. 3 mile east to 0 . 3 mile west of Route 85 FREEWAY AGREEMENT THIS AGREEMENT, made and entered into on this -F� day of or±01 f? , 1990, by and between the STATE OF CALIFORNIA, acting by and through the Department of Transportation (herein referred to as "STATE") , and the City of Cupertino (herein referred to as "CITY") , WITNESSETH: WHEREAS, the highways described above have been declared to be freeways by Resolutions of the California Highway Commission on October 17, 1956 , and July 23 , 1958; and WHEREAS, STATE and CITY have entered into a Freeway Agreement dated April 3 , 1989 , relating to those portions of State Highway Routes 85 and 280 , on Route 85 from Saratoga-Sunnyvale Road to Homestead Road and on Route 280 from 0. 3 mile east to 0. 3 mile west of .Route 85; and WHEREAS, a revised plan map for such freeways has been prepared showing - the proposed plan of STATE, as it affects streets of the CITY; and -1- WHEREAS, it is the .mutual desire of the parties hereto to enter into a new Freeway Agreement in accordance with the revised plan of said freeways; NOW, THEREFORE IT IS AGREED: 1 . This Agreement supersedes in its entirety said Freeway .Agreement dated April 3`, 1989 . 2. CITY agrees and consents to the closing of CITY streets, relocation of CITY streets , construction of frontage roads and other local roads, and other construction affecting CITY streets, all as shown on said plan map attached hereto marked Exhibit A and made a part thereof by this reference. 3. STATE shall, in construction of, the freeway and at STATE' s expense, make such changes affecting CITY streets in accordance with the plan map attached hereto marked Exhibit A. It is understood by both parties that STATE' s obligation to construct the freeway is conditioned upon execution of cooperative agreements with the Santa Clara County Traffic Authority specifying construction participation. 4 . STATE agrees to acquire all necessary right of way as may be required for construction, reconstruction, •or alteration of CITY streets, frontage roads, and other local roads, and CITY hereby authorizes STATE to acquire in its behalf all such necessary right of way. It is understood by both parties that STATE' s obligation to acquire right of way is -2- conditioned upon execution of cooperative agreements with the Santa Clara County Traffic Authority specifying right of way participation. 5. It is understood between the parties that the right of way may be acquired in sections or, units, and that both as to the acquisition of right of way and the construction of the freeway -projects, the obligations of STATE hereunder shall be carried out at such time and for such unit or units of the projects as funds are budgeted and made lawfully available for such expenditures. 6 . It is mutually agreed to impose a maximum gross truck weight limit of 9, 000 pounds on Route 85 from State Highway Route 280 to State Highway Route 101 in San Jose as provided for in Section 35722 of the Vehicle Code, and the Santa Clara County Ordinance No. NS-703. 5. 7. CITY will accept control and maintenance over each of the relocated or reconstructed CITY streets, and the frontage roads, and other STATE constructed local roads on receipt of written notice to CITY from STATE that the work thereon has been completed, except for any portion which is adopted by STATE as a part of the- freeway proper. CITY will accept title to the portions of such roads lying outside the freeway limits, upon relinquishment by STATE. -3- 8 . This Agreement may be modified at any time by the mutual consent of the parties hereto, as may become necessary for the best accomplishment, through STATE and CITY cooperation, of the whole freeway project for the benefit of the people of the STATE and of the CITY. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. STATE OF CALIFORNIA THE CITY OF CUPERTINO Department of Transportation ROBERT K. BEST Director. of Transportation By Mayor, City of Cup rt' o By Chief, Office of Project Planning and Design APPROVED AS TO FORM: APPROVE AS TO Attorney, (State) Attorney, (City) ATTEST: City Clerk -4- RES0=CN NO. 8024 A RES0=CN OF M CITY CCAJNCIL OF MM CITY OF CJPERTIM AUTHORIZING FXEQT CN OF FREEWAY AGR WIZH THE CALMRNIA DEPArMW OF TRANSPORTATICN (RWI'E 85) WHEREAS, there has been presented to the City Council a "Freeway Agreement" between the City of Cupertino and the State of California, Department of Transportation, in conjunction with the construction of State Highway Route 85 within the City of oVertino; and WHE M, the City ,Council has heard said Agreement, read it in full, and is familiar with the contents thereof; NOW, THEREFuRE, BE IT RESOLVED, that the City Council of the City of Cupertino herby approves said "Frew ay Agreement", attached hereto and made a part hereof by reference, and authorizes the Mayor and the City Clerk to execute the agreement herein referred to in behalf of the City 'of Cupertino Upon approval and execution of a Memorandum of Understanding with the 'State of California. PASSED AND ADOPTED at a regu ar meeting of the City Council of the City of Cupertino this 29th day of January , 1990 by the following vote: Vote Members of the City Council AYES: Goldman, Koppel, Sorensen, Szabo, Rogers NOES: None THIS IS TO CERTIFY THAT THE-WITHIN INSTRUMENT IS.,ATPUE AND CORRECT C❑PY 13F THE ORIGINAL ON FILE IN THIS OFFICE. ABSEW: None q ATTEST ABSTAM: None CITY CLEpR,1 trF THE CITY ❑F CUPERTINO APPRDVMr* CIT CLEF?!C /s/ Barbara A. Rogers Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk P M 18 . 9 LEGEND FREEWAY AND CONNECTION FRONTAGE ROAD OR LOCAL ROADS ROAD CLOSURES AND TERMINUS ��` 2 / CONSTRUCTION AS NECESSARY OF n _ C,F D F v Q � m � Q STATE OF CALIFORNIA ' DEPARTMENT OF TRANSPORTATION 04- SCI - 85 - PM 15.9 TO PM 18.9 q 04 - SCI - 280 - PM 10.4 TO PM 11.0 �R FREEWAY IN THE CITY OF CUPERTINO �f o ON ROUTE 85 FROM SARATOGA-SUNNYVALE ROAD TO ° HOMESTEAD ROAD AND ON ROUTE 280 FROM o� r 0.3 MILE EAST TO 0.3 MILE WEST SOF ROUTE 85 SCALE IN FEET 0 600 1200 1800 0 r4-SCl-856-R .M. 15 .9/ 18 .9 0.4-SCI-m2.80 M. 1..0 -4/11 ' G ;n the City of Cupertino pY1.. i�.t3utF3 .1 .frof7l Saratoga-Sunnyvale :?load to Iomestea:d- R-o ad ; . and,. on Route 280 froth 0 .3 mile ea'p t .to 0-3 mi 1.c, wr,3t of Route. 85 FREEWAY A1,iPFJr'.'„ME3`lT " . THIS--AGREEMENT, made and 'ent red into-. this, � da, of Aoi- 9 1`0q, by and between the STAT? OF CALTFORNIA., acting by and through the -Department of Transportation (herein ref erred to as "STATE") , and the City. of Cupert:ina (hPrc,i.n r'e ferred to as 'CITY") WIT� B;SSETH WHEREAS , described the ,h th:a3ay:� described a :ove have, been clelared to b? f re :mays by Resolutions of the California Highway Commission on., October. 17-, "1956 and, duly 23', 1953; and WHEREAS STATE and C QTY hav6 entered. into a, Freeway A�;ra�r�ent dated December2�4 , -1,63 , and. a Supplement .l: Fre way.,A r:�� trent dated November 27 , 1068 , relating; to that .?portion of St'a'g: Pi�;hwAy Route 8-5 from McClellan Road to., 0 .6, mile borth of Stevens CNeek Bo zl eva.r, ; and WHEREAS,;5,: STA T Fl unci CITY have also entered :into a Freeway Agreement dated September 12 , 1 E�'1 . relating to that portion of. State, Ilial±T.;ay Route 85 from 0 .25 mile south of Homestead Road to• 0 .2 mile,, north of. Homestead :Roach,; and WHEREAS ,- STATE and CITY ha.Ve• alsa.,'entered into_ a Freeway Agreement da te'd-:lovem.ber 18 , 197-9 relating; to that, por tion of State I-Iighway Route 230A1'rom 0 .2 .mile .southeast of Calabazas Creek to Foothill. ' sou.levard ; and WHE'RFA^ , STATE and thy:. City of San Nose have entered into ..a Freeway Agreement- dated A-ug;u sst 7 , ` 1957 , relating to that ,o.ortiori of State Hi.ghcPay ' Route 55, from Hacienda Avenue to Stelling Road; and WITIFREAS ,. STATE, -and the .tounty of Santa Clara have. cantered into a Freeiay Agreement dated ' ?d.ovembery ­� 1958 , -.related to that portion, of Stage Highway ?butes 85 and 101 between',e.xisting Route €35 north ,of.,Azule. -and Plymouth Street , and WHEREAS , .s�'ATE and th.0: Count,, of Sanaa Clara have also entered into a Fi eway Agreement dated July 17 , .1967 , relating -:to that portion of Slate Highway Route 85 from Pollard Road to 0'.1 rile west bf Stelling Rioadand . °J1I'R S, STATT� and the- County o Santa Clara have 'also entered into a .1 reeway Agreement 'dated October. 25 ,; 1968 , relating- to that portion of -St-ate Highway ',-Route (95 between, Stevens .C-reek zoulevard and University Way; . and WHEREAS , CTTY has ,subs.equentl y annexed certain areas incl udi n; .por.tions ofsuch freeway covered by said Freeway Agr �Prx?ent with the -City- of. San Jose dated ;August -7 , .196.7 : and. said •F.rc,ema,y Agreements Frith `Ine 'C;opnt.y of Santa, Clara dated MoVamber.. 3 , .1958 ; gull . 17 , 1967 and October ?S , 1968 ; -and . WHEREAS, . a. r evise(�_Ri an map. for such .freeway has been . prepared showing the propa,sed plan of the STATE _as . itaffect, streets of the CITY; and SIF? ^AS , it i.s 'the mutual tie�sire of the parties hereto to entgn_r into a new Freeway .-Agreement in accordance with the. revised plan of said. freeway; NOW,, ii7EREF.ORE IT IS, AGREED .. . 1 This 'Agr.ee .eiit supersedes in their entirety- ,said Freeway Agreements dated b,ecember' 24 , 1963; October 28 ; 196!`3; and Supplemental Freeway Agreement dated Movember •27_, 1968 ,• and supersedes that - portion of said Freeway. Agreements dated Noveiriber 3 , 1958 ; September .12 , 1961 ; ''Jul 'y 17 ; 1967; ' August 79 1967-;. and November 1 d , 1975 , on State Highway Route 85 from Sar to�;,a-�Sunnyval:e Road to. i3omest ad Road and on State n' },easy Route :280 from 0 .3 mile •east-'to_ C , mile west. -.of R.otite. 85 . .: CITY agrees and consent t-o the closing - of CITY .-streets; relocation _of CITY streets•; ,_construction - of frontage road and other local roads , and other construction affecting CITY streets , all, as shown on said plan mala attached hereto marked Exhibit A and made a pa -t '.nereof-' by this. reference. -3 STATE , in construction of sa i d freeway.:w 11 at -STATf ' s expense., -make such changes affecting CITY streets- in accordance with the plan map` attached hereto Narked ,Exhibit A . It is. ' understood b.y, both-..parties +hat STATE' s .obligations to construct -the freewray is eond3.tio ed upon 'executio,n of cocper t ivFj agreements with, the Santa Clara County Traffic .Auth6ri ty specifying, construction part i cipation.' 4'. STATE agrees- to, acquire all necessary 'right of way as . may be required for, construction, recon-struction, -or alteration of CITY -streets and frontage roads, . and CITY her eby authorizes. .STATE to acquire in its behalf al 1_: such necessary right of racy. It is . understood: by both part ieS that STATE' s obligations to acquire i lt, of way' is .conditioned upon execution of cooperative agreements with the ,Santa Clara County' Traffic Authority spec4 fving .right of way pasta.-cipation. 5 ; Tt is­umier,stood betireen the parties that'.•the,- rid.ht 'cf way- may be acquired in senior s, or� :un.iit-s , ansa- that. both as t.o, the acquisition off' right of way and the construction- ofthe. freeway project , the obl-i�ations of STATE . hereunder shall be earrie,d out at such •time and for such unit or. units. o f.the project as funds, are ba veted and made lawfully available for such expenditures'. 6'. It is mutually agreed to impose a maximum gross truck weight .limit. tai' 9 ,000 pounds on Route 85 . from State Highway. Route 280 to. State i izwa'y Route. 101 in San Jose as provided _for `in Section' 35722 of thw. Vehicle'- Code, and .the Santa. !Mara County Ordinance -No. NS-703 :5 . 7 . CxTX u:ill aceera'c contro-1 at�d ?TaaS.n en-ance over each of the relocated .or reconstructed CITY :streets, _ and the frontage roads , and bthe.r; STATE constructed loeal� reads on receipt o.f written -notice to CITY, from STATE that the . work thereon has . been completed, except for-any portion which i5 adopted . by STATE ab_ a . part of the freeway proper. CITY will accept title to the portions of such roads lying outnide the freeway limits , upon relinquishment by STATE . 8 . This Agreement may be modified at any time by the mutual consent of the parties hereto , as may become necessary for the best accomplishment , through STATE and CITY cooperation, of the whole freeway project for the benefit of the people of the STATE and of the CITY . IN WITNESS -WHEREOF , the parties hereto have' caused this Agreement to be executed by their' r" ffpective duly authorized officers .' STATE OF CALIFORNIA- THE CITY OF C;UPERTTNO Department of Transportation ROBERT K . BEST. yQ Director- of Transportation _ aye ity o C no '. APPROVED AS TO FORM: By CHIE�ENGINEER TORNEY, City APPROVED AS -TO FORT: ATTEST: Cit A .TORNE ., Stag Jerk RESOLUTION NO. 7791 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING FREEWAY AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF CUPERTINO FOR STATE HIGHWAY ROUTE 85 FROM SARATOGA-SUNNYVALE ROAD TO HOMESTEAD ROAD AND FROM ROUTE 280 FROM 0.3 MILE EAST TO 0.3 MILE WEST OF ROUTE 85 WHEREAS, the State of California, through its Department of Transportation has presented an agreement entitled "Freeway Agreement" which concerns State Highway Route 85 within the City of Cupertino from Saratoga-Sunnyvale Road to Homestead Road, and State Highway Route 280 within the City of Cupertino from 0.3 mile east to 0.3 mile west of Route 85; and WHEREAS, the City Council has read said Agreement in full and is familiar with the contents thereof. THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino that said agreement by and the same is hereby approved and the Mayor and City Clerk are directed to sign the same on behalf of the 'City. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of April 1989, by the following vote: Vote Members of the City Council THIS IS TO CERTIFY THAT T!-!E WITHIN INSTRUMENT ISATRUE AND CORRECTCOPY AYES: Gatto, Johnson, Koppel, PlungSOF THE ORIGINAL ON FILE IN THIS OFFICE. NOES: None ATTEST �s. ABSENT: Plungy L7 ABSTAIN: None CITY RK ❑F THE CITY UPERTIN BY Y CLERK ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ John J. Plunky, Jr. :,ity Clerk Mayor, City of Cupertino