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CC Resolution No. 3820 ? ' , RESOLUTION N0. 3820 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF CUPERTINO WHEREAS, the State of California, through its Business and Transportation Agency, Department of Transportation, has presented an Agreement for Maintenance of the State Highways in the City of Cupertino effective as of January 1, 1975, and to remain in effect until,amended or terminated. WHEREAS, the City Council has heard 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 for Maintenance of the State Highways in the City is hereby approved and the Mayor and the City Clerk are directed to sign the same on be- half of said City. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 20th day of January , 1975, by the following vote: Vote Members of the City Council AYES: Jackson, Meyers, Nellis, Sparks NOES: None ~ ABSENT: Frolich ABSTAIN: None APPROVED: /s/ Reed Sparks Mayor, City of Cupertino ATTEST: /s/ Wm. E. Ryder City Clerk ~ r ~ 1 ~ . . . . . . ~ ' ' ' . . 1 . ' ~ . \ ~ . • . ' , . , ' ? ' . AaR~F~~TI' FOR PiAINTENANCE OF STATE .HIGH~fAYS IN THE C~TY . ~ OR G UPE RT I~10 . THYS A(~R~'E~NT, made and executed in duplicate this ~ ~ . . ~ Q~ day of , 19-~ by and betxeen the Huainesa and Transportation Agency oP th~.State of Cal~fornia, ~ ~ecting by and through the Department oP Tra~nsportation, herein- , ~ aft~r calleci ~he "Depa.rtment" and the City of ~upertino herel.nafter rePerred to as "City". ~ ~dITNBS3BTH: ~ ~ 1. RECITA~3: The psrtieB desire to provide for the maintenance . of Sta.te highway routes vrithin the City as provided in Section . 130 of the 3tre~ts and High~aays Code, and to arrange herein for th~ par~icular maint~nance Punctions to be performed by the City and thooe to b~ gerPormed by.the Department and to sp~ciFy.thQ ~ ~~zqna aand conditions under ~hich such v~ork xill be performed. . . ~ 2: A(~REEMENT: This Agreement~ ahall sup~rsede any prevlou~ . AaRFE~NT ~FOR ~IA~?~I'~'ALANCE OF 3TA3'E HIaH~IAYS. IA1 THE CITY OF ~ ~ ~UPERTII~O and/or Af~iEISDPAErJ~'S the~to ~ith the City. . In considerat3on of the mutual covenants and promises , ~ hereia contained, it ia agreed: ~ ~ Th~ Ci~y will perform auch maintenanc~ e~ork as is apeci- ~ fically delegated to it, and the Depa rtment will perfor~ those psrtiaular function$ of maintenance not other~ise assigned to~ ~ thE City on the State highc~ay routes or portions the,reoP all es ~ hc~r~inaPter descrlb~d . under Sections 8 and 9 hereoP or as sa~.d . s~c~ions may Ue ~ubs~quently.modified aith the consent of the , . part~es h~r~to act~ng by ~nd th~ough the3r authorized r~epresenta~iv~. . ' ' r1~ ' , 3. MAINTEAiANCE DEFINED: Maintenance is defined in Section.27 ~ of the Streets and Highways Code as follows : , Sec. 27. "(a) The pre~~rvation a;~d keep.in~, of ri~hts-of-way, ~and ~ each t;ype of roadwa,y, :structure, saFet,y convenience ~ ' or device, ~~>lantlnK, i].lumin~tion equipment and ~ ~ other t'acilit;,y, in Lt,~ ~ai'e and usable condition to . . which i.L ha8 been improved or constructed, but does . not include reconstruction or other improvement. . ~ (b) Operatlon of' special saCet,y convenience and devices, and illumina.ting equipme~t. ~ . • ~ (c) The special or emergency maintenance or repair ~ . necessj.~ated by accidents or by storms or other ~ ~ westher conditions, slides, settlements or other unusual or unexpected damage to a roadway, struc- ~ . ~ ture or t'acility. . The degree and type of maintenance for each highway, ~ . or porti.on thereof, shall be determined in the ~ ~ ~ . discretion of the authorities charged with the cnain= . tenance thereof, taking into consideration traffic ~ • requirements and moneys available therefor. " 4. DF..GRCE OF MAINTENANCF:. The. deQree or extent of maiiltenance ~ . . work to be ~pert'ormed and the standards therefor shall, be in . ~ accordance with the provisions of Section 2'7 of the Streets~ and ~ Highways Code and the provisions of this Agreement as hereina.fter specified or as may~~be prescribed from timP to time by the Distric~. Director. "District Director", as used herein, means.the District . Director o~ the Department of TransportaL-ion assigned to the ~ territory in which the city is located, or his authorized representative. ~5. LEGAL REIATIOI3S AND RFSPONSIBILITIES: Nothing in the provi- ~ sions of this Agr~ement is intended to affect the legal liability of either party to the contract by imposing any standard of care respectin~ the maintenance of State Highways different from the s~andard of care imposed by law. ~ -2- . - • . ' ~ ~ . ~ . • . It is understood and agreed that neither the State, the • ~ . . . ~ Depa:rtment, nor any officer or employee thereof is responsible ' for an,y damage or liability occurring by reason of anything done~ • or omitted to be done b,y the City under or in connection with ~ . any aork, authority or ,~urisdiction deleqated to the~ City under this Agreement for. Mai.ntenance. It is also understood and agreed that, pursuant to dovernment Code Section 895:?~, City shall fully ~ indemnify and hold State haxmless from any damage or liability . occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority or ~uris- diction delegated to City under this Agreement. ~ ~ It is understood and agreed that neither City, nor any : ~officer or employee thereof, is responsible for any damage or liabilit,y occurring by reason of anything done or omitted to be • . ~ done by the Department under or in connection with~any ~ork, suthority or ~urisdiction not de~.egated to the City under this ~ Agreement for Maintenance. It is also understood and agreed that, pursuant to Government Code Section 895.4, Department ahall . fully indemnify and hold City harmless from any damage or liability occurring.by reason of anything done or.omitted to be done by ~ , Department under or in connection with any work, authority or ~ ~urisdiction not delegated to City under this Agreement. 6.. I~AINTENANCE FUIdCTIONS: Certain maintenance functions may be de~legated to the Cit,y as indicated under Section 9 of this ~ Agreem~nt. The City ahall not perform any of these maintenance ~ . • functions unless specifically delegated under said'Section 9. The various maintenance funetions or duties are defined and described by the following programs ~ . . _3_ . r ~ Ol - ROADBED MAINTENANCE PROGRAM . . ~ ' This covers the maintenance required for the re3toration and. • ~ repair of both the sur,t'ace and ba:~e within .t~he roadbed area.. . ~ ~ Roadbed means that area oi' highway extendin~; .f'rom curb line . ~ to curb line or shoulder line to ~houlder line. 03 - ROADSIDE MAINTENANCE PROGRAM ~ ~ ~ ~ Roadside shall be described as that area between the roadbed and ~ the outer highway right of way bounda ry line . Ma intenance of roadside includes tY~e cleaning of culverts, ditches, natural . water ~ channels and gutters, restoring side slopes; removal of drifted material, drift prevention, . erosion control work, and ~ ,maintenance of walls, cribs or bank protection facilities, sidewalks and curbs, and other roadside facilities. ~ ~ . . 04 - ROADWAY LITTER AND DEBRIS PROGRAM ~ This progra.m includes all work concerning roadbed and. roadside cleanup operations to insure that the highway presents a neat, . ' clean and attractive appearance. . ~ ~ Sweeping and cleaning shall be limited to the removal of dirt or litter normally coming onto the roadbed from the action of. traffic or from natural causes. The D2partment witl not under~ take nor pay for picking up or disposing of rubbish or.debris . ~ swept into or otherwise placed on the highway from abutting property. The extent of sc~~eeping and cleaning on the State ~ highways shall not be greater than customarily done on compara- . ble city streets . ' • . -4- ~ . . . The sNeepinb activities covered in this program pertain to the sweeping of. paved mediar.s, curbed city street sections. . and curbed or rolled gutt~r. types on other highways. 05 - VEaETATION CONrROL PROaRAM . ~ . ~ Vegetation control refers to the maintenance treatment of all . ~ ~ vegetation material growing native within the non-landscaped highway rigt~ts of way. Included is treatment by chemical ~ ~ means and cutting and trimming by hand and mechanical means . ~ ~ Vegetation sha~l include brush and trees. Routine tree maintenance shall be limited to minor trimming as required to improve sight di.stance or to the occasional~ ~ 'removal of dead or low overhanging limbs. Extensive tree reconditioning work, spraying ~r removal are not routine , ~ maintenance operations and will not be paid for unless such ~ wo rk is specif ica lly autho rized by the Department. The above, ~ ~ when delegated to the City, shall not be construed as restrict- . ing, prohibiting or otherwise z~elieving the City of the respon- , sibility for inspection and upkeep of trees~in a manner that~ ~ will insure maximum safety to both vehicular and pedestrian traffic. ~ ' O~i - PAVEMENT DELINEATION PROGRAM - ~ ~ ~ The pavement delineation program involves all work necessary ~ ~ to maintain distinctive roadway ma rkings on the travelled way. This includes layout, removal. of old stripe, painting of ~ ~ . . existing stripe, replacement and/or removal of raised pavement markers including cleaning of such markers and the use of ~ thermoplastic, tape . or raised bars for pavement markings ~ . _5~ . . ~ . . . - • ~ , . . . . ~ • All work and materials shall .conform to the Standards eatablished by the Department. ~ ~ Except for the red "No Parking" zones at the approach to and~ exit from inter-sections cont,~ol~ed by traffic signala, the Department wi11 not pay f'or curb painting or parking lines . . as may otherwise be required for the regulation of parking. ~ ~ . . The cost of maintaining pedestr3an crosswalks at intersections . shall be shared between the Department and City in the same ~a.tio as the number of intersecting roads or streets under ~urisdiction of the respective agencies bears to the total ~ ~ number of intersecting City Streets, State Highways and County Roads within the particular intersectinn; for example, a 50-50 basis will apply to the regular cross .street intersection . . . wherein a County Road is not a f~ctor~. 07 - SIGN PROGRAM ~ ~ ~ The sign program includes all work performed on signs placed or' to be placed, bn State Highways for the ~ purpose of warning, , ~ or regulating traffic. The work consists of replacement of existing signs and the ~epair, cleaning and painting of signs. Al~l,signs shall conform to the specifications adopted by the Department, or as otherwise specifically authorized by the Department. Positioning of such signs shall conform to . ~ standards adopted by the Department. ' . ~ , ' Unless specifically authorized, the Department will::.not main- ta~in or pay for maintenance oP Regulatory Signs installed for ~ _6_ ~ + ~ the purpoae of stopping vehicular traffic at pedestrian or school crossings nor the Regvlatory Signs installed for the ~ ~ . ~ prohibition.or the regulation of parking, ~ 08 - ELECTRICAL PROGRAM . ~ This. program includes all maini;enance work performed on highway ~ electrical facilities used to control traffic with signal systems, . provide safety and si~n light.ing, generate standby power~, operate bridges, pumps and automatic watering systems. In.addition, certain navigational lighting installed on bridges and bridge fenders or piling are included in this program. ~ The Department will not pay for the maintenance, installation, . ~repair, servicing, or power for ordinary street lighting; ~ however, lighting at intersections, when required for the saf.ety . . . ~ of. persons using the streets, rc~adways or highways, will be ~ . paid for when approved and specifically authorized by the District Director. Where such lighting has been specifically authorized.at an intersection, the maintenance and operating ~ costs thereof shall be shared between the Department and the . . City on the basis of the number of 3ntersecting streets to the ~ intersection in the same manner specified for pedestrian cross- ~ ~ walks under the 06 Program above. The cost of maintaining and operating traffic signals or other electrically operated traffic control devices now in place or those which may hereafter be installed at the intersection of ~ ' any State Highway route and any City street shall be shared ~ between the Depa~rtment and the City on the basis of the number ~ . _7_ , of intersecting streets in the same manner specified~ for cross- walks as described above. , . ~ 09 - TRAFFIC SAFSTY DEVICES PROGRAM Work performed under this program includes replacement of guide ' posts or markers; and the repair, replacement, cleanin~ and~or . painting of guar~ rails. Also included arr~ the repair of inedian barrier cable, chain link fence and pcrtland cement concrete ~ ~ walls; the repair and maintenance of ener~y dissipators ~uch ~ . ~~:as water type bumpers, sand traps or other devices installed for the purpose of absorbing vehicle energy. ~ ~ . . 12 - LANDSCAPE PROGRAM . . . ~ ~ ~This progz~am refers to the treatment, maintenance and replace- . ment of all vegetative material planted within the landscaped ' ~ . State Highway right of way. Work includes water3ng, fert~.- ~ iizing, plant replacement, weed control by hand and mechanical meana, tree trimming. and~or removal, .chipping and miscellaneous work such as pest control and inhibitor spra.y. ~ NOTE: There are several activities that are duplicated in the 05 Vegetation Control Program; for this .reason, care ~ should be exercised when reporting, that the proper " program prefix is used. The Department will not pay for the maintenance. of any landscaped areas, ornamental ~ plantings or trees installed by means of Encroachment ~ Permits. ~ 13 - BRIDGE AND PUMP MAINTENANCF PRUGRAM ~ The Bridge and Pump Maintenance Program includes work perfox~ned -8- . ~ ~ . . . ~ ' on all structures which provide for passage of highway traffic ~ over, through or under obstacles and~or qualify for bridge ~ ~ numbers as assigned by the Bridge Department. . Work under this program consists of structure repair, maintenance, painting and cleaning, electro-mechanical equipment and sump pump maintenance, repair or cleaning. Storm inspection of sump pumps is ~lso included in this program. ~ , . . ~ . . ~ Bridges, as defined above, will be investigated by a representa- ~ . tiv~e of the Department's bridge engineering staff once each year and more often, if considered necessary. In addition to such annual investigation, routine maintenance to be performed under provisions of the Agreement shall include monthly inspection of each bridge by qualified personnel and immediate repair .of ~ the . ~ minor defects when the cost does not exceed $500. The District Director shall be immediately notified of ma~or defects as are . . hereinafter defined. Bridge repair work costing in excess of $500 on a single struc- . ~ . ture shall be considered as being a ma~or repair pro~ect. Except in the case of emergency, such ma~or repair pro~ects shall conform to the methods and procedure to be.recommended by the Department. Ma~or bridge repair is not a routine maintenance operation and will require specific authorizatjon. 15 • - P'F~RMITS ~ Provides for the processing and enforcement of transportation permits, and prelimina ry engineering and processing of encr.oach-~ . ~ ment permits. • ~ . -9 - ~ ENCROAC~Nr PERMITS: When authority to issue Encroachment . Permits is delegated ~o the City, the authority shal~ pertain~ . to all parts of the highway throughout the particular length of ' ~ streets indicated under Section ~ ot' this Agreement. Permits shall be issued on a form provided by the Department and the . City will furnish a copy of each permit to.the Department. The~ ~ ' City agrees to follow.such general State policies regarding ~ , encroachments as specified by the District Director. ~ ~ ~ Routine permits sha 11 be handled by the City without approval, ~ ~ . but prior . approval of the District Director shall be secured before any permit is issued for the or3ginal installation of ~ ~ ~;any~utility line, including underground utilities, commercial. driveway, or other ma,jor encroachment within the highway right- ~ . of-way. No sign or marquee shall• be permitted to be installed . ~ within or pro~ect beyund a line 18 inches back of curb line, . and no si.gn of any kind except warning signs at railroad crossings shall be permitted to be suspended over the roadway. Marquees or signs extending over the sidewalk area shall conform to the.City's Building Code and shall be maintained in a.good appearing and structurally safe condition at all times. An existing sign or marquee suspended or pro~jecting over the State Highway that constitutes a hazard shall be immediately repaired or removed~. . If the City, by ordinance or othe r regulation, imposes more restrictive.regulations and requirements regarding signa and . marquees than above set forth, nothing in these prbvisions ~ shall be construed to prevent the City from enforcing such ~ -10- ~ . ~ . • restrictive regulations in the granting or refusin~ of permits ~ with reepect to any State Highway. ~ The Department will pay for the cost of inspection of such . . signs, marquees, and other encroachments as a part of maintenance, . , ~ , ~ provided that the City shall comply with its usual policy wit:h . ~espect to collecting costs from permittees in such cases as ~ fees or charges are made by the Cit;y for similar work on Cit~y Streets. Any amount so c~llscted by the Ci.ty with respect to . ~ any State Highway shall be credited against the cha.rges made by the City for such work. . TRANSPORTATION PERMITS: Transportation permits will be required ~for all vehicles and tt~eir loads which exceed the limitations specified under Division 15 of the.California Vehicle Code. ~ . . ~ . Where authority to issue Transportation Permits is ~del.egated to the City, such authority shall pertain only to t~avel that . originates and terminates within the corporate limits and it shall not apply to through haul transportation. In issuing such pe rmits, the City shall follow the policies and regulations established by the Department for the issua.nce of Tr.ansportation Permits as set forth in the Department~s~ ~ Maintenance Manual in effect at the time such permits a re issued, including, specifica lly, limitations upon the crossing of bridges and overcrossings detailed therein. , ~ ~ . 7.. aE?dERAL GUIDES: Maintenance of warning and regulatory signs, traffic control dev3ces, and highway lighting facilities as ~ -11- ~ ~ . . . ~ . hereinbefore rei'erred to shall include upkeep and r•epair• oP the suppor•ts, as well as such other items which are an ~integral part of the installation. ~ • Maintenance work to lie performed within the area designated as roadsides shall ~.;nclude such sidewalk inspection and action . towards repair of sidewalks, curbs or other facilities as is. ~ necessary to keep them in a reasonably safe conditiono The City shall follow the same policy and procedure generally. followed by it with respect to City streets in the matter oP ` requiring sidewalk repairs ~and control. of vegetation to be made ~ by or at the expense of abutting owners who are under legal ~ obligation to perform such work. ~ ~ ~ Thoae facilities as defined under Programs Ob, 0'l, 08, . and 09 above, which are installed subsequent to the execution ~ . . ~ • of this Agreement, shall become aub,~ect to the terms and condi- ~tions of this Agreement upon notice to the City.from the Depa rt- ment of the completion of any such ins ta lla tion. , . , ~ ~ ~ -12- . ~ q „ ' • . . . L. , . ~ ~ ~ . 04-SC1-Cupertino . ' ~ January 1, ~1975 8. ROUTS DESCRIPTION . ~ ROUTE IE~aTH DESCRIPTION OF ROUTING . N0. Im[ZIES ~ . ~ . 85(a) 1.~45 ~ Saratoga-Sunnyvale Road from south city limits (To be rel.). near Bollinger Road to ~unction of Junipero ~ ~ Serra Freeway,. Interstate Route 280; a length . ~ of 1. ~5 mi les . , 85(b) 1.07 Freeway from ramp connections at Stevens Creek . . ~ ~ . Boulevard to city limits g40' north of. Stevens ' . Creek Boulevard; a length of 0.18 mile for . this portion, also, rreeway from city limits~ 1,300~ north of Stevens Creek Boulevard to ~ west city limits of Sunnyvale; a length of ~ 0.31 mile ~or this portion, also, Freeway ~ ~ from city limits 855' north of Junipero Serra~ . .~Freeway, Interstate Route 280, to north city limits at Homestead Road Overcrossing; a length of 0.58 mile for this portion; a total. : length.of 1.07 miles. - 280 2.93 Junipero Serra Freeway £rom north city limits of Santa Clara to Sunnyvale city limits 1,725' ~ north of Wolfe Road Overcrossing; a length of ~ . ~ 0.93 mile for this .portion, also, ~'reeway from . city limits 1,160' south of Blaney Avernae Overcrossing to city limits 815' south of Saratoga-Sunnyvale Road Separation; a length ~ ~ ~ of 0.5~ Mile for this portion, also, Freeway . from city limits at Saratoga-Sunnyvale Ro.ad Separation to city limits at S~telling Road ~ Overcrossing; a length of 0.50 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 c~ty limits 475~ . ~ north of ~unction Route 85~280 Separation to Los Altos c~ty limits at Foothill 3oulevard Undercrossing; a leng~h of 0.63 mile for this portion; a total length of 2.93 miles, . . ~ _ , ~ . ~ ~ . _13_ . ' . , : : . ~ January 1, 1975 ~ . . . . . ~ ~ 9. DELEGATION OF MAINTEAIANCE: The delegation of. maintenance . ~ ~ set forbh herein does not include areas and.functions of which the control and maintenance re~st aith the~local authority under ~ ~ ~ the tenus of Freew~.~ Agreeaeats and~or Freer~ay I~aintenance . ~ . . : Agreemente : ~ . . . ~ ITEM MAIAPI'ENANCE . - ' . ~ . ~ ~ . ~ I~~FO_ FUNCTIOId AGENCY TO PERFORM WORK . . . ~ oute o. oute o. Route No. Route No. ~ . ~ ~ $5(a) $5(b) 2~0 - ~ ~ ~ . ~to be ~1~ . . . . : , . . . . ~ ~ ~ . ~ ~ . . . ~ ~ ~ . v c.~i ~ ~ a' ~ 561 Roadbed A4aintenance x x x ~ .563 Roadaide Maintenance x x x . ~ . _ 564 Rdwy Litter & Debris x(1) x(2) x(3) ~(4. 565 Vegetation Control x x x . 566 Pavement D~elineation x x x 567 Signs x x ~ x . ~ 568 Electrical x x ~ x ~ . 569 Traffic S.fty Devices x x x 572 Landscaping ~ x x x 573 Bridge & Pump Maint. x x x ~ 575 ISSUANCE OF PERMITS . Encroachment x x ~ x ~ Transportation x x. x - 1 Length of st~reet to be cleaned Cnrb Miles. ~ ~ 2 ~ . . ' ~3 u n. n n n n , n u ~ . . ~ n n i~ n ~i n n n • . • ~ . ~ . . ~ , ~ -14- ~ ~ . . . ~ . . ' • ! ~ ~ • ~ . . . ~ 10. BXPENDIT[TRF AUTHORIZATIOId: 3'he Department.will reimburse the City for actual coat of all maintenance work performed by~ . City.Ba delegated under 3ection 9 of thiB Agreement, but it. is. ~ agreed that during any fi~cal year, the maximum expenditure on ~ . any route ehall not. exceed the ar~ount as ahoMn on Page 16. of ~ this Agree~nt, unless such expenditure i~ revised by an amended ~ Agreement or other~lse adJusted or modified as hereinafter provided for. ~ , ~ . The expenditure per route for routine maintenance work ~ ea referred to above rnay be increased or decreased, redistri- . buted between routea, or additional expenditures for specific ~ ~ ~ pro~ecta costing $S,OOO or less may be made Mhen such apecific mork or a d~us t~ent of expenditures for routfn~ maintenance is~ . suthorized in ~vriting by the District Director or his.authorized . i . r~epresentative. Eicpenditures for specific pro~ecta costing in. , . excess of $5,000 may be c~ade ~eoh~en such apecific rrork is authorized in ~riting by the Director of the Department of Transportation or his suthorized representative. Additional expenditures or ad~ust- m~nt of expenditures thus authorfzed shall apply during the fiscal year designated therein and shall not be deemed to permanently ~odify or change the baeic~maximum expenditure per route as , hereirvafter specified. An ad~uatment. of the said max3cnum . . expenditure, either increase or decrease, shall not affect ~ other terms of the Agreement. , ~ . ~ ~ . ~ , -15- ~ , , . ~ t , . . . ~ • . ~ 04-SC1-Cupertino . . . . ~ . January 1~, 1975 ~ ROUTE N0. LENGTH MILES MAXIA~UM EXPENDITURE PER ROUT~ $5(a) 1.45~ ~ 0.00 ~ . (to be rel.) ~ ~ ~ ~5 (b ) . 1.0? ~0.00 ~ . ~ . ~ ~ 2~0 2.93 ~ . 0.00 ~ . .~r ~ ~ ~ ~ • . . . . ~ , . ~ . , ~ ~ =16- ~ , • . . . . ' . . . L • : . . . . ~ 11. SUBMISSION OF BILLS: The City shall submit bills monthly, ~ provided, however, that no bill for :leas than $100 shall be sub- ~ . mitted, except once each quarter. Equipment ahall be charged at . ~ mutually acceptable renta.l rates and labor and material at actual , . aost. Th4 City Kill be a1loKed to recover overhead and admin- ~ ietrative costs only to the extent that such charges include ~ ~ ~pplicable expenaea incurred by the City in the execution of the work. 3aid factors and method sha 11 be sub~ect to approval . . by the Department. Maintenance services provided by contract ~ . or on a unit-rate basia rrith overhead coats included shall not have these above-mentioned charges added again. An aatual handling charge for processing this tyge of .bill vrill be allowed the City. Bills submitted to the City for work performed by ~ ~ the Departffient under Programa.06, 07, 08 and 09 of this Agree- ment will also include overhead and administrative costs in ~ accordance v~ith the State Administrative Manual. . 12. TERM OF AGR~MEPFr: Thls Agreement shall become eff'ective ~ January 1, 1975 , and sha:ll remain.in full force and effect , . . until amended or terminated. . ~ ~ .The Agreement as above may.be amended or terminated at ~ ~ny time upon mutual consent of iche parties.thereto. This Agreement may also be terminated by either party upon thirty days' notice to the other pa rty. ~ , ~ , ~ ~ c . . . . ~ -17- . . . . . L : ~ ' . , . IN WITNESS WHEREOF, the p2rties hereto have set their~~ ~ hands and seals the day and year first above written. ~ STATE OF CALIFOR~IIA ~ CITY GF C UPERTINO , ~ BUSING'SS AN~ T'r'tAIJSPORTP.'"IaP1 AGENCY ~ DEPARTP~NT OF ~ 3'RANSPOR'FA~ION . . BY ~ ~ . a or. ~ ~ , HOWARD C. IILLRICH ~ DIRECTOR ~ ~ ~ . Attest~r~ ~ , ~ ~ ~ . C3ty er ~ . . By ~ ~ . ~ ~ Deputy Dis~rict Direcicor APProved as to Form and Procedure: . ~ ~ e . ~ y torney , . . ~ . . ~ , , . t ~ -18~ .