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CC Resolution No. 7680 RFSOLVEION NO. 7680 A RESOLUTIC N OF ME CITY COUNCIL OF THE CITY OF cLTEFMM AITTE10RIZING E} MCN OF 1AGF<MffM FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF CUPERTIM' BEIWEEN TBE CITY AND THE STATE OF CALIFORNIA DEPARBUM OF TRANSPORT ION WHEREAS, there has been presented to the City Council a proposed agreement between the State of California and the City of Cupertino to delegate to the City certain maintenance responsibilities upon State highways within the City of Clupertino; and WHEREAS, said agreement provides for reimbursement of cost for services rendered by City; all as more specifically outlined in the provisions of said agreement; and WHEREAS, said agreement having been reviewed arra 8pproved by the Director of Public Works and the City Attorney; NOW, SORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves the aforementioned agreement and authorizes its Mayor and the City Clerk to execute the agreement in behalf of the City. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this lath day of December 1988, by the following vote: wVote Members of the City Council AYES: Gatto, Johnson, Koppel, Rogers, Plungy NOES: None THIS IS TO THA iq ABSENT: None INSTRUMENT bP A-,(R IE AND 4a�IiCy.L i OF THE ORIGINAL` FILF'.IN fHISJJFFIF--' ABSTAIN: None ATTEST CITY CL.C,,Rq 'OF T-YHE CITY O 3:7 FdJC; A'I=: APPROVED: ey /s/ Dorothy Cornelius /s/ John J. Plungy, Jr. City Clerk Mayor, City of Cupertino AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF CUPERTINO This AGREEMENT, made and executed in duplicate this loth day of January , 198--9 by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "the STATE" and the City of Cupertino hereinafter referred to as "the CITY" . W I T N E S S E T H: A. RECITALS: The parties desire to provide for the CITY to perform particular maintenance functions on the State highway(s) within the CITY as provided in Section 130 of the Streets and Highways Code. B. AGREEMENT: This Agreement shall supersede any previous AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF CUPERTINO and or Amendents thereto with the CITY. In consideration of mutual covenants and promises herein contained, it is agreed: The CITY will perform such maintenance work as is specifically delegated to it, on State highway routes or portions thereof, all as hereinafter described under Section H hereof or as said section may be subsequently modified with the consent of the parties hereto acting by and through their authorized representatives. C. MAINTENANCE DEFINED: Maintenance is defined in Section 27 of the Streets and Highways Code as follows : Sec. 27 . "(a) The preservation and keeping of rights-of-way, and each type of roadway, structure, safety convenience or device, planting, illumination equipment and other facility, in the safe and usable condition to which it has been improved or constructed, but does not include reconstruction or other improvement. (b) operation of special safety conveniences and devices, and illuminating equipment. (c) The special or emergency maintenance or repair necessitated by accidents or by storms or other weather conditions , slides, settlements, or other unusual or unexpected damage to a roadway, structure or facility. " D. DEGREE OF MAINTENANCE: The degree or extent of maintenance work to be performed and the standards therefor shall be in accordance with the provisions of Section 27 of the Streets and Highways Code as set forth in the current edition of the State Maintenance Manual (a copy of which has been provided to the CITY) , or as may be prescribed from time to time by the District Director . "District Director" , as used herein, means the District Director of the Department of Transportation assigned to the territory in which the CITY is located, or his authorized representative. The STATE reserves the option to check at random all areas of State highways maintained by the CITY to assure conformance to maintenance levels. Failure of the CITY to comply with the maintenance levels would be reason to terminate this Agreement as specified under Section J "Term of Agreement" . However, this random check does not preempt the CITY' s maintenance responsibilities as spelled out in the Agreement. An Encroachment Permit will be required for third parties when maintenance work is redelegated. Such redelegated work shall be performed to the same levels of service as spelled out herein and will be subject to the same random checks as provided for work performed directly by CITY forces . The level of service of maintenance in each of the programs delegated to the CITY has been considered in setting authorized total and route dollar amounts . The CITY may perform additional work if desired but the STATE will not reimburse the CITY for any work in excess of authorized dollars. The District Director may authorize adjustments needed because of inflation or changes in program emphasis. -2- E. LEGAL RELATIONS AND RESPONSIBILITIES: Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of State highways different from the standard of care imposed by law. It is understood and agreed that neither the STATE no'r any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY under or in connection with any work, authority or jurisdiction delegated to the CITY under this Agreement for Maintenance. It is also understood and agreed that, pursuant to Government Code Section 895 .4, the CITY shall fully indemnify and hold the STATE harmless from any damage or liability occurring by reason of anything done or omitted to be done by the CITY under or in connection with any work, authority or jurisdiction delegated to the CITY under this Agreement. It is understood and agreed that neither CITY, nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the STATE under or in connection with any work, authority or jurisdiction not delegated to the CITY under this Agreement . It is also understood and agreed that, pursuant to Government Code Section 895. 4, STATE shall fully indemnify and hold CITY harmless from any damage or liability occurring by reason of anything done or omitted to be done by the STATE under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. F. MAINTENANCE FUNCTIONS: The CITY shall perform only those maintenance functions delegated, as identified, in Section H (DELEGATION OF MAINTENANCE) of this Agreement. A brief description of those maintenance functions delegated to the 'CITY are included in this section. The functions are identified by the Caltrans HM Families (Program) Codes. -3- HM2C SLOPES/DRAINAGE/VEGETATION This provides for cleaning , maintaining, and repairing culverts, ditches, drains, structures, fences, curbs, sidewalks and other appurtenances between the roadbed and the outer highway right-of-way boundary line. It also includes weed and brush control by chemical , biological or mechanical methods, trimming and removal of trees and pest control. The following problems are included: 1 . Unpaved shoulder management 2 . Nonlandscaped weed control 3. Nonlandscaped tree/brush/vegetation 9 . Miscellaneous HM2D LITTER/DEBRIS This provides for removal of litter and debris from roadway surfaces and roadsides . The following problems are included: 1 . Debris/carcass pickup 2. Sweeping 3 . Litter pickup 4. Spills of non toxic substances 9. Miscellaneous HM4K ELECTRICAL This includes maintenance work performed on highway electrical facilities including flashing beacons, traffic signals, traffic-signal systems, safety lighting and sign lighting. It also includes the electrical energy for these items. Timing of traffic signals shall be provided for STATE review. Upon notification by the STATE that the timing is unsatisfactory, the CITY shall consult with the STATE to arrive at a mutually agreeable solution. Maintenance of the "designed" timing is the responsibility of the CITY. Timing records shall be kept in both CITY Maintenance and Traffic Branches . EMERGENCY OPERATION OF TRAFFIC SIGNALS I Flashing operation shall be considered as the "primary emergency mode of operation at all intersections" . Red/ yellow or all red may be used, as determined by State Traffic Engineering . Every effort shall be made to restore the intersection to normal operation as soon as possible . -4- G. EXPENDITURE AUTHORIZATION: The STATE will reimburse the CITY for actual cost of all routine maintenance work performed by the CITY as delegated under Section H of this Agreement, but it is agreed that during any fiscal year , the maximum expenditure on any route shall not exceed the amount as shown on Section H of this Agreement, unless such expenditure is revised by an amended Agreement or otherwise adjusted or modified as hereinafter provided for. A new "DELEGATION OF MAINTENANCE" sheet (Section H) will be provided annually by the STATE for the ensuing fiscal year , if necessary, to insure equitable annual cost. The expenditure per route for routine maintenance work as referred to above may be increased or decreased, redistributed between routes, or additional expenditures for specific projects costing $5,000 or less may be made when such adjustment of expenditures for routine maintenance or such specific work is authorized in writing by the District Director or his authorized representative. Expenditures for specific projects costing in excess of $5 ,000 may be made when such specific work is authorized in writing by the District Director with prior approval from the Chief, Division of Highway Maintenance at Headquarters . Additional expenditures or adjustment of expenditures thus authorized shall apply during the fiscal year designated therein and shall not be deemed .to permanently modify or change the basic maximum expenditure per route as hereinafter specified. An adjustment of the said maximum expenditure, either increase or decrease, shall not affect other terms of the Agreement. -5- H. DELEGATION OF MAINTENANCE: The specific maintenance function indicated below (and on "EXHIBIT A" ) is hereby delegated to the CITY. This delegation of maintenance function set forth herein does not include areas and functions of which the control and maintenance rest with the local authority under the terms of Freeway Agreements and/or Freeway Maintenance Agreements . MAXIMUM ANNUAL ROUTE LENGTH PROGRAM AUTHORIZED NO. MILES DESCRIPTION OF ROUTING DELEGATED EXPENDITURE 85(a) 1 .45 De Anza Boulevard from south HM2C $ 1 ,000 .00 city limits near Bollinger HM2D 5,000 .00 Road to junction of Junipero HM4K 9,750.00 Serra Freeway, Route 280, a length of 1 .45 miles . (Footnotes 1 ,2) Total Authorized Route 85(a) $ 15,750.00 85(b) 1 . 13 Freeway from ramp connections HM4K $ 6,000 .00 at Stevens Creek Boulevard to west city limits of Sunnyvale, a length of 0 .55 mile; also, Freeway from city limits 8501 north of Junipero Serra Freeway, route 280, to north city limits at Homestead Road Overcrossing, a length of 0.58 mile for this portion; a total length of 1 . 13 miles . Total Authorized Route 85(b) $ 61000.00 280 3 . 15 Junipero Serra Freeway from HM4K $ 11 ,250 .00 north city limits of Santa Clara to Sunnvale city limits 1 ,7251 north of Wolfe Road Overcrossing, a length of 0 .93 mile for this portion; also, Freeway from city limits 1 , 160 ' south of Blaney Avenue Overcrossing to City limits 815 ' south of Saratoga- Sunnyvale Road Separation, a length of 0 .54 mile for this -6- MAXIMUM ANNUAL ROUTE LENGTH PROGRAM AUTHORIZED NO. MILES DESCRIPTION OF ROUTING DELEGATED EXPENDITURE portion; also, Freeway from 6001 south of Saratoga- Sunnyvale Road Separation to Saratoga-Sunnyvale Road Separation, a length of 0 . 11 mile for this portion, also, from city limits at Saratoga-Sunnyvale Road Separation to Sunnyvale city limits at Stelling Road Overcrossing, a length of 0 .61 mile for this portion; also, Freeway from city limits 925 ' north of Stelling Road Overcrossing to Sunnyvale city limits, a length of 0 .33 mile for this portion; also, Freeway from city limits 4751 north of the junction of Routes 85/280 to Los Altos city limits at Foothill Boulevard Undercrossing, a length of 0.63 mile for this portion; a total length of 3. 15 miles. Total Authorized Route 280 $ 11 ,250.00 TOTAL AUTHORIZED AMOUNT $ 33,000 .00 Footnotes: ( 1 ) Length of street to be cleaned-4.35 curb miles. ( 2 ) CITY will maintain sidewalks and shall be responsible for any costs therein. -6a- I . SUBMISSION OF BILLS: The CITY will submit bills in a consistent periodic sequence (monthly, quarterly, semiannually, or annually) . Bills for less than $500 shall not be submitted more than once each quarter. Bills must be submitted promptly following close of corresponding billing period and should be coded according to the Caltrans HM Families Code as outlined in this Agreement. Bills submitted for periods prior to the last fiscal year will be deemed waived and not be honored . Equipment shall be charged at mutually acceptable rental rates and labor and material at actual cost. The CITY will be allowed to recover overhead and administrative costs only to the extent that such charges include applicable expenses incurred by the CITY in the execution of the work. Said factors and method shall be subject to approval by the STATE. Maintenance services provided by contract or on a unit-rate basis with overhead costs included shall not have these above-mentioned charges added again . An actual handling charge for processing this type of bill will be allowed the CITY. Emergency and storm repairs performed by the CITY will be paid for only with prior approval of the STATE' s Highway Maintenance Superintendent of that specific area. In addition, the CITY should notify the STATE' s Highway Maintenance Superintendent for the area of any storm damage or other emergency condition affecting the STATE highway. Repair of equipment damaged in vehicular accidents. shall be considered routine maintenance. The CITY shall maintain, on. a generally accepted accounting basis, complete and accurate records that support all billings. These records shall be made available to STATE representatives for review during normal business hours for a period of three ( 3 ) years after payment of such billings. J. TERM OF AGREEMENT: This Agreement shall become effective July 1 , 1988 and shall remain in full force and effect until amended or terminated. This Agreement may be amended or terminated at any time upon mutual consent of the parties thereto . This Agreement may also be terminated by either party upon thirty (30 ) days written notice to the other party. -7- IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF CUP INO By yOz City Attorney �/ ity C cork By STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION ROBERT K. BEST Director of Transportation 114 '1 C, � . By - Depot Di trz�ct Director DATE r zlozeq -8 H H • � O O O O l` O O O O lD O 0 d O l0 > O• O O O l9 H • s aN H H N d W W O O O O O O O O O O co M H o 0 0 0 0 o O O o O M M rC o 0 0 0 0 0 0 0 0 0 M M o H O 0 0 0 0 0 0 0 0 o M M w U) 010 O O O O O O O O O M M 14 dA Ln Ln Ln Ln Ln Ln . Ln Ln M M CO WH O o 0 0 0 pq H O d 0 O O zz W �D er N N N H o W Co W z 01, cn O r-+ O H z H w a cn .7+ O rx a a H h z En O H z A � z R.' a > H H t1) U H O W H z O W �C 4 H W W D A A H H Cl) O H H H H H W O U H z z O rC O AC O O O O W H H W V) H Cl) H to H m H H H w H W (f) W Ri 1 I I i I I I I 1 I i I H z W W W a a W w M a W a w cn a w a w w H x a x a w a x a a a x a W V H IH-1 H U 3 z 3 z 3 z 3 z 34 4 fr1 4 w o 0 o C7 o 0 O 0 C7 C9 d 0 W W W H W W 0 H r-4 H r-I H O H H H O H O O 'w O O w N (n M !A M U) N m w w v u) W H W z >+ z w H z O H FC H 4 U 4 U 4 H 04 H U W N H N H N H N E-1 N `n a w z W O H A A w W H u' W O0 E-1 r4 tx G4 a WWW �I z H �C U W z 4 a A O Z a0 En H .4 w 0 z ww z m 4 z o v o � x H P1 w rx z U) W H M In Ln O Ln Ln ,tea ri M 1D CC+ r-1 M CO P4 lr ra H H r-1 ri r-1 H Ln co H H O O LD M O O O O O lfl M O O O O O > w M O O O O UI1 H s t:) O O r-I r-I N r-I O OI . W W M M M O O O O O O O O O E-I M M M O O O O O O O O O m M M O O O O O O O O O H M M M O O O O O O O O O M M M O O O O O O O O O 010 M M M In Ln In Ln O O In Ln to •-I r-I FI O O O O O O O H O O O O O O O z •..1' N r-I N N N N O z w a O P4 a O p z H H H H H H H H z O 1 I i I 1 I I I I f 1 I N a, a w cn a cn w cn w en w w cn F-I a z z �1: z z z W O o 0 O 0 O 0 o C7 O O O w O Ln H O H O H H H r-1 O H CP N (n N V) N m M U] M N m r.G 4 U N N H N [-i N H N H N N H P4 I a w I at a1 N z cn z O o oa ` al CQ H I en z a a H z W a1 w ° a 2 4 4 U] m N N W z W w KC Izi � 3 °� A Q Ln O r- 00 00 Ln If N N P4 h O 00 GS 01 r•-1 W o 00 { a✓ i ! N ' f � + i E-+ H Z .'7 0000 O O O O > 0000 H Ln0OO O+ . tc do O O W HHH AAHA OOAO H v) va O U) Z I I to I W P4 P4 I P4 P to O P4xxwx a M a 0 i-i O O x Ln l< a W W N W M r- H W Ln a' � U) Ln WWA U H �r W In w m O O W H z a U u) O A E-1 H H H E-1 > ,� OOMM W A ® O M M OI a H O O M M a aOOOr-I z U W W v] a x P4 O � w M E°+ :i: H E1xxx xC7HH U" HAA H0Oo E-+ a va U) z P4 P4 Iai �c © � A o o o o OI I 0 0 Ln o STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION BOX 7310 i! SAN FRANCISCO, CA 94120 PUBLIC WORKS 1 nrORKS � (415) 923-4444 JAN 2 6 1989 January 24 , 1989 4-SCl-Var. Cpu 404 . 17 Mr. Bert Viskovich Director of Public Works City of Cupertino 10400 Torre Avenue Cupertino, CA 95015 Attention Mr. Glen Grigg Dear Mr. Viskovich: Attached is a completely executed copy of the Agreement for Maintenance of State Highways in the City of Cupertino that provides for the City to assume maintenance of the traffic signals and safety lights that are currently main- tained by the State. When the date of transfer of the maintenance responsibilities has been established, the Pacific Gas and Electric Company should be notified that the City will assume the electrical energy charges for the traffic signals and lights . The list of equipment is on the attached sheet. We will also send a letter to Pacific Gas and Electric Company. If you have any questions , please call Mr. Dave Lee at 415-557-3266 . Thank you for your cooperation in finalizing this Agreement. Sincerely yours , BURCH C. BACHTOLD District Director C�g ByvljZ G. M. CHIN Senior Engineer Maintenance Services Branch Attachment Pacific Gas and Electric Company Customer Services 10900 North Blaney Cupertino, CA 95015 ELECTRICAL EQUIPMENT CUPERTINO SIGNALS ROUTE LOCATION SIGNALS PG&E ACCOUNT NO. (Post Mile) 85a Bollinger Road E37R7 ZVV4750001-0 14.132 85a McClellan Road E37R8 ZVV3623301-8 14. 351 85a Rodrigues Avenue E37R9 YVV2767201-8 14. 611 85a Stevens Creek Boulevard E37RO BVV1948001-3 14 . 881 85b Freeway SB Off-ramp E37C2 YVV8343901-8 17. 851 85b Freeway NB On-ramp E37X4 YVV837315 17 . 852 280 Wolfe Road SB E37H3 BVV2938301-9 8 . 201 280 Wolfe Road NB E37H4 BVV4227501-1 8 . 454 280 DeAnza Boulevard SB E37UO BVV39079051-5 4 . 471 280 DeAnza Boulevard NB E37V1 BVV3907901-6 9 . 430 ELECTRICAL EQUIPMENT CUPERTINO SODIUM VAPOR LIGHTS (Unmetered) ROUTE LOCATION PG&E ACCOUNT NO. (Post Mile) 85a Bollinger Road TVVP137201-2 14 . 132 No. 14092 200 Watt 14102 200 Watt 14112 200 Watt 14122 200 Watt 85a McClelland Road Unknown 14 . 351 No. 14311 310 Watt 14321 310 Watt 85a Rodrigues Avenue Unknown 14 . 611 No. 14611 310 Watt 14621 310 Watt 85a Stevens Creek Avenue TVVP137201-2 14 . 881 No. 14811 200 Watt 14821 200 Watt 14831 200 Watt 14841 200 Watt 85b Freeway SB Off-ramp TVVP137201-2 17 . 851 No. 17811 400 Watt 17831 400 Watt 85b Freeway NB On-ramp TVVP137201-2 17 . 852 No. 17822 400 Watt 17842 400 Watt 17862 250 Watt 280 Wolfe Road SB TVVP137201-2 8 .201 No. 08311 200 Watt 08331 200 Watt 280 Wolfe Road NB TVVP137201-2 8. 454 No. 08444 200 Watt 08464 200 Watt ROUTE LOCATION PG&E ACCOUNT NO. (Post Mile) 280 DeAnza Boulevard SB TVVP137201-2 9 . 471 No. 09431 310 Watt 09451 310 Watt 280 DeAnza Boulevard NB TVVP137201-2 9 . 430 No. 09400 310 Watt 09420 310 Watt