CC Resolution No. 5609縠映उउ ††锉उउ †锉उउउ †刉卅䱏呕佉⁎丠⸰†㘵㤰उउ䄉†䕒体啌䥔乏†䙏†䡔⁅䌠呉⁙䌠問䍎䱉†䙏†絔䕉†䥃奔†䙏†啃䕐呒义൏ऊउउ啁䡔剏婉义⁇†吉晈⺕†ठ塅䍅呕佉⁎传⁆䄠則䕅䕍呎‧䈠呅䕗久†䡔⁅䌠呉大उउ伉⁆†䌉偕剅䥔低†乁⁄吠䕈†呓呁⁅传⁆䌠䱁䙉剏䥎⁁䘠剏†䅍义䕔䅎䍎േऊउउ䙏†ठ呓呁⁅†䠉䝉䥅䅗⁙†䤉⁎†吉䕎†ठ䥃奔†ठ䙏†啃䕐呒义⁏ⴠ†䕄†乁䅚उउउउ†ठ佂䱕噅剁ൄऊउ琉䤬䕈䕒十琠敨†瑓孡漠䌠污晩牯楮ⱡ†桴潲杵椠獴†敄慰瑲敭孮†景†牔湡椠उठ潰瑲瑡潩栠獡†牰獥湥整愠䄠牧敥敭瑮†潦䴠楡瑮湥湡散†景†桛匠慴整†楈桧慷൹ ॾ 椉琠敨†楃祴†景†畃数瑲湩攠晦捥楛敶†獡†景†畊祬†ⰱ†㤱ㄸ†湡琠爠浥楡椠攠晦捥൴ ३ 甉瑮汩†浡湥敤漠琠牥業慮整उउ䡗剅䅅ⱓ†桴䌠瑩⁹䌠畯据汩†慨爠慥猠楡䄠牧敥敭瑮†湩†畦汬†湡椠൳ ३ 昉浡汩慩眠瑩琠敨†潣瑮湥獴†桴牥潥㭦उउ低摾吠䕈䕒但䕒䈠⁅䤠⁔删卅䱏䝖⁄琠慨⁴猠楡䄠牧敥敭瑮†潦栠慦湩整慮据 ॉ 漉琠敨†瑓瑡䠠杩睨祡†湩†桴䌠瑩⁹漠䌠灵牥楴潮†獩†敨敲祢†灡牰癯摥†湡琠敨उठ慍潹愠摮†桛䌠瑩⁹䌠敬歲†牡搠物捥整琠猠杩琠敨†慳敭†湯†敢慨晬†景†慳摩Ⱐउठ楃祴മ बउ変十䕓⁄䄠䑎†䑁偏䕔⁄愠⁴愠†敲畧慬洠敥楴杮†景†桴䌠孌⁹䌠畯据汩†景†桴 ब 䌉瑩⁹漠䌠灵牥楴潮†桴獩†ठ〲桴†ठ慤⁹漠††䄉牰汩 Ⰹ†㤱ㄸ†祢†桛映汯潬楷杮✠उ瘉瑯㩥उठ潖整उ倉敦扭牥漠嬠敨†汃祴†潃湵楣൬ഊ बउ奁卅ऺठ慇瑴Ɐ†潊湨潳Ɱ†汐湵祧删杯牥ⱳ†灓牡慫✠उठ低卅ऺठ潎敮उठ䉁䝓呎›†ठ潎敮उठ䉁呓䥁㩎†ठ潎敮उउउउउ偁剐噏䑅ഺऊउउउउ †Ⰹ†ൾऊउउउउ䴉祡牯†ठ楃祴†景††瀉牥楴潮उ䄉呔⹆呓ഺऊ††ठ繦††ठമऊ椉ॾठयउठⱌ⽑ൊऊ††∉†ठ晇३ ††锉⼠⼮繴映൩ऊउ楃祴†⁃攠歲उ†ठൾഊ
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~STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Goverrwr
DEPARTMENT OF TRANSPORTATION
P.O. BOX 3366, RINCON ANNEX
SAN FRANCISCO 94119 CITY OF CUPERTINO
(415) 557-1840 PUBLIC WORKS
SEP 2 51980
September 24, 1980
Rf�LYEl1.
04-SCI-Var-Cpo
Maintenance Agreements
Mr. Bert J. Viskovich
Director of Public Works
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear Mr. Viskovich:
Attached are three copies of a proposed new "Agreement for
Maintenance in the City of Cupertino." This new Agreement
delegates the sweeping of Route 85 to the City, in addition to
roadside maintenance, in accordance with your letter of July 24,
1980 .
If the Agreement is satisfactory, please have it executed by your *
City Council, return two signed copies for execution by the State,
and send two official copies of the City Council's _Resolution
authorizing the execution of the Agreement.
If you have any questions, please call Mr. Skip Young,
(415) 557-3266.
Sincerely yours,
JOHN WEST
District Director
By
HARRY Y. /YZA'1A
Senior Engineer, Maintenance
Attachment
I
y �'
Cit-4 of Cu pe rti"o
10300 Torre Avenue P.O.Box 580
Cupertino,California 95014 Cupertino,California 95015
Telephone:(408)252-4505
DEPARTMENT OF THE CITY CLERK
April 28, 1981
Mr. Harry Y. Yahata
Senior Engineer, Maintenance
Department of Transportation
P. 0. Box 3366, Rincon Annex
San Francisco, CA 94119
MAINTENANCE AGREEMENT OF STATE HIGHWAYS IN THE CITY OF CUPERTINO
Dear Mr. Yahata,
We are enclosing to you three (3) copies of the Agreement by and between the
City of Cupertino and the State of California, along with three (3) certified
copies of Resolution No. 5609 which was enacted by the City Council of the
City of Cupertino at their regular meeting of April 20, 1981.
We will need two (2) ' completed copies after signature by your office, and
would appreciate it if you would return them to our office.
If you have any questions, please call the Office of the City Clerk.
Sincerely,
Shirelle Oeser
for
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
RESOLUTION NO. 5609
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE EXECUTION OF AGREEMENT BETWEEN THE CITY
OF CUPERTINO AND THE STATE OF CALIFORNIA FOR MAINTENANCE
OF STATE HIGHWAY IN THE CITY OF CUPERTINO - DE ANZA
BOULEVARD
WHEREAS, the State of California, through its Department of Trans-
portation has presented an Agreement for Maintenance of the State Highway
in the City of Cupertino effective as of July 1, 1981 and to remain in effect
until amended or terminated.
WHEREAS, the City Council has read said Agreement in full and is
familiar with the contents thereof;
NOW, THEREFORE, BE IT RESOLVED that said Agreement for Maintenance
of the State Highway in the City of Cupertino is hereby approved and the
Mayor and the City Clerk are directed to sign the same on behalf of said
City.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 20th day of April 1981 by the following
vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ Reed Sparks
Mayor City of Cupertino
ATTEST:
TNIa IS TO CERTIFY THAT TF-1E WITHIN
INSTRUMENT IS A TRUE AND CORRECT COly
/s/ Lucille Campagna-Blaise
- OF THE ORIGINAL ON FILE IN THIS OFFICE,
City Clerk , . ��, ATTEST �' - �/
GIT CLERK [IF. 9 1'�
CITY OF CLJPERTI,NL
U "LICAT RIG.,
CITY OF iwl.lP1=RTIN'], !=AGE "I OF 12
9t=•F•hC;T IVh JULY 1v 1: 44- 1981. AGRFFMFNT #04-5318
AGREEMENT 1. E..ErF'N E I=t:TR MAINTENANCE OF GTA'rl:: HIGHWAYS IN T1-11.= CITY
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OF
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cUPE RTIN
This At;1tT-Fi`'rh:NTv made and executed in duplicate this Ath _L.._--.__...._
dam of Why......... v 1.9,81._..._: bw and between the State of Ca1:i.forniar
acting bm and •t:hr{:?r..gh the Department of T'ran5partat%cny hereinafter
referred to as "the STATE" and the CITY of CUI"`E=hTINCt
hereinafter r{:r'fi:. f`rk'd to L:i<:> "the CITY4
A. RECITALS:
The Parties desire to Provide for the CITY to 'Perform
particular delegated maintenance functions on °t:h€y State himhway(s)
within the ti:I:T"Y as Provided in ••.:;ec't;:i.€an 130 of the Streets anr.i
1.73.G31 Iwas s i.oCie f
B. AGREEMENT:
This Agreement shall supersede inns PreVi€?us AGRE:.1-iiiEi;T FOR - - -
MAINTENnNCE OF STATE HI:Gf•llWAY :i IN THE CITY OF CUPS TING
and/or Amendments thereto wi't:•I•t the t..I. T 'i .
in consideration of mutual cot%i•:?na+` 't:s end Jam:ro;iii<se?s herein
c . nt:a i.i:ei.:: iVit. is agreed!
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i"te.' r.:`IT•Y will Perform such maintenance work as is rspr'c f'`i.t`.:a is
delegated to :i.'t:4 on State h'!:i.::•"h b•1 t a m routes €:J r Portions t i t e r e�»+f 1 "b,I. l
as hereinafter dti•.'3cr.t.iied under Sections 7 and ,.T hereof {7r is said
f•ist:'ti.ot't's maw be isr..ib :ieauen't•:.I.'::t mof,li'1'i.e_'d with the t„CJnse"1't:• of 't:he?
Parties hereto acting b'w and through 'their authorized r€:.'i•'res1_•'antativeo
Ce MAINTENANCE DEFINED,0
Maintenance is defined in Section 27 of 't;i"'e Streets o
Code an followst
See, 27 . " (a) The Preservation and keeping €7't' •hts .� �.! in S
r:1 .ti 7"'C.J'f' J.� � t'
each We of ro;3t:.1W:3l, structure, s.:sfet u convenience
or device- P:I..i:ifltinaP illumination enr..iiF•{TIC:'nt and
other '% :: I1taY in t t ' safe ; " 1 usable C € " _ ZI : C " to
wI'Iic1i it has been improved or c:onstrr.rctedy itr..rt:-- doe<.
not inc.I.I,ir:ie reconstruction or other im rotfement-.
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CITY OF CUPERTINO PAGE 2 OF 12
EF'l=ECT:I:IJE ..1U!_.Y i. g 49,1:'4 1981 ;
(b) Operation of special sa fet:a convenic?nces and
ff device sv and illuminating eauipinen't:•3
I (1=) The special l or emergency maintenance or repair
f
necessitated by accidents or by storms or other
weather cofIditionsY s.!.ide=sY set:'t',lementiss or other
j
unusual or unexpected damage to cs roadwasy structure -
or facility. "
D. DEGREE OF MAINTENANCE4.
The degree or ti'xt:G?nt: of maintenance work to be Performed and
the standards therefore shall be in accordance with the Provisions
of Section 27 of the Streets and Highways Code and the Provisions
of this Agreement as hereinafter '."sf~eci'I':Ied or as may he Prescribed
from time to time by the Tii.s'tri.r_t:• Director. "District Iii.rector" n
as used hE:reins peans, the District Director o•f' the Department of
Transportation assigned to the territory in . which the CITY is
loca>tedp or his auti' or7..;:ed representative.
i't guide to the Proper degree of maintenance in specific Pie-
grams is met forth in the current edition n of the State Maintenance
Manuals <a f':c?py of which has been Provided to the CI Y.
The let,:el of service of maintenance in each of't1"te Programs
de:!.•': ated to the CITY has; been considered in setting authorized
total and route i:J(.-i.l..l.:ar amounts. .the C.l..tY ffleo Perform additional
G,+o'i•r`.y if it r..t e s.l r{:.a y i..+_i•t t t t_. STATE will r'r r,i.: reimburse 't h e CITY
for a5y a -r ; in excess of authorized railarcs unless the STATE
gra?nt;s specific authorization in writings for such additional.
work. The District Direc:tor may authorize adjustments needed
a
because of inflation or changes in Program emphasis.
E. LEGAL RELATIONS S AND RES1='CIi'SIB I:LITIi ;:i;:
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 .t.ega.t. liability of either
Party to the contract by imposing anw standard of care respecting
the maintenance of STATE highways different from the standard of
care imposed by :Law.
It. :is understood and a:alreed that neither the STATE nor any officer
or employee thereof is responsible for any damage or liability
occt..trrins by reason of anything done or omitted to be done by the
CITY under or in connection with any wori!.g a?uthorituF or iur:i.sf:t:i.c"
t i Ci i-t _ _
ar,- !•e ;#; t;ed to the CITY underthis A' reement for Maintenance.
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CIT ( OF CUPERTINO PAGE 3 OF 12
' EFFECTIVE JULY 1P 4--9Q0^ 1981
It is ajso undevatoot and al'eed that /'*ither the CITi , ow any
'
officer or employee thereof is responsible for any dswase or lis-
bi1zty cccurrina by reason of anything done or omitted to be dcne
' by the STATE under or in connection with ans work, authority, qr
jurisdiction retained by the STATE hereunder, It is alto under-
stood and agreed that, pursuant to Government Code Section 195^4,
' the CITY shall defend and fully indemnify and hold the STATE harmless
for any damage or liabilty occurring by reason of anythino dona
or omitted to be done by the CITY under or in connecticn with any
work , authority, or Jurisdiction delegated to the CITY under
this Agreement,
F^ MAINTENANCE FUNCTIONS�,
Certain maintenance functions may be delegated to the '
CITY as indicated under Section J of this Agreement . The
CITY shall not perform any of these maintenance functions
unless specifically delegated under the said Section J (DELE-
GATION OF MAINTENANCE) ^
The various maintenance functions or duties are definedand �
described by the followins programs. The numbers without prefix
relate to the Maintenance Management System (MMS) Program and the
nw&bers with the prefix 'HM' relate to the STATE budgetary codes .
03 - ROADSIDE MAINTENANCE PROGRAM
him-0. .
Roadside shall be described as that area between the roadbed
and the outer hivhway right-of-way boundary line. Maintenance of
roadside includes the cleaning of culverts, ditches, natural :ate'r
channels and Aotters , restoring side slopes, removal of drifted
material , drift prevention, erosion control work, and maintenance
of walls , cribs,or bank protection facilities,curbs and side�
walks, and other roadside facilities ^
Maintenance work to be perfcrmed within the area designated as
roadside maintenance shall include such sidewalk and curb inspec-
tion and action toward repair of sidewalks, curbs, and other facil-
ities as is necessary to keep them in a reasonably safe condition.
Joint inspection should be on a biannual basis, The STATE will
not pay for the maintenance of any sidepalks^ The CITY shall
follow the same Police and procedures generally followed by it with
respect to CITY streets in the mntter of reauiring sidewalk
repairs and contrcl of vegetation to be made by or at the expense
of abutting owners who are under legal obligation to rerforn such
work . It is agreed that reasonable diligence will be excercisrd by
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4 OF 12
CITY OF CUPERTINO PAGE _
EFFECTIVE JULY 1 , 1981
^
' the CIYY in Performance of reouired sidewalk rekair and
control of vegetation as outlined in this portion of the Aareement^
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04 - ROADWAY LITTER AND DEBRIS PROGRAM '
HM-22
i db
This program includes all work concerning roadbed and roadside
cleanup operations to insure that the hishway 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^ STATE will not undertake nor pay
for picking up or disposing of rubbish or debris swept into or .
otherwise placed on the hithway from abutting property. The ex-
tent of sweeping and cleaning in the State highways shall not be
greater than customarily done on comparable CITY streets^
ed i this The sweeping activities cover n s program pertain to the
sweeping of Paved mediansv curbed CITY street sections,
and curbed or rolled gutter types on other highways.
' 08 - ELECTRICAL PROGRAM - NOT DELEGATED
HM-43
Tnis program includes all STATE operation and maintenance work
performed on hishway electrical facilities used to control
� flashing beacons, traffic sinals and traffic signal systems ,
and safety liohtinm
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' STATE will not pay for the maintenance, installations, repair,
servicing nor power for ordinary street lighting; however,
lighting at intersections, whic oualifies as safety lightin�
| under warrants approved/accepted� by the STATE, will be paid for
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when approved and specifically authorized by the District Director.
Where such lighting has been specifical1y authorized at an
� intersectionp the maintenance and operating costs thereof shall
be shared between the STATE and the CITY on a prorata basis
in the same ratio as the number of leos in the intersection
under each Jurisdiction bears to the total number of legs,
The CITY will furnish service fat or perform such main-
tenance work as is specifically delemated to it in other sections
of this Agreemeoty and the STATE will furnish service for or
Perform the work ' not otherwise assigned to the CITY.
It is awreed that the STATE will establish the cost of
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� MT, OF CUPERTINO PAGE 5 OF 12
' 1 /
EFFFCTIVE JVLY , �44�A l98l
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e" L - ` ,iping ar'< op-rabing tWyic signals ani .,fat , li <ni ing .
[he7 , costs will be based upon a monthly unit rate , actcil cost
. of 7sintenance and operation of a panicular intersectino , or
� suc� other method that the STATE may establish . These costs
, will include overhead and other indirect expenses ixcurrRd
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.| by 7 �e STATE in t0se specific operations.
^
� The cost of operating and maintainicA traffic signals or other
� elec4rica1ly operated traffic control devices nnw in pl -ce at
� the intersection or any STATE hza:wzy route and any C17|
street/road, identified in the inventory list furnishe'j bu STATE-
to
TATEto the CITY, shall be shared between the STATE and the CITY on a
�
� prorata basis in the same ratio as the number of legs iK the inter---
section under
nter-
sectionunder each jurisdiction bears to the total number of leas .
! The samp principle of cost distribution shall apply to freeway
� interchanaes^ The participation ratio shall be based upon the
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numLer of legs of the respective agencies to the total number of
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WIT of the interchange , The percentage of costs to be borne by
the CITY shall be shown in the inventors list ~ Said list is NOT a
Part of this Weement and is furnished for informatior only
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` A revised inventory list will be furnished to the CITY when there
are changes in the inveDtory.
Extraordinary expenser such as repair or replacement of
� extposive damage, shall be assessed Wire~tly asainst the Particular
inst0lntion involved. Billinns for such costs shall be iV+mized
as t , m�terials , includinA service and expenser sala~ics end wages ,
and esuipment rental . `
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G. C[NERAL GUIDES.,
Maintenance of warnins and regulatory signs , traffic ccntrol
dev!ces , and highway lishting facilities as hereinbefore referred
shall include upkeep and repair of supports, as well as such
other items which are an intefral part of the installatino ,
Those facilities as defined under ProVrams 06, 07 / W and 09
abova, which are installed subsesuent to the execution 7[ 00s
Agrpement , shall become subject to the termo and condiliory of
thig Agreement upon notice to the CIT/ from the STATE o" the
completion of any such installation^
H. EXPENDITURE AU [HORIZATIOW `
The STATE will reimburse the CITY for actusl cost or all
rou0ire maintenance work performed by the CJTY as delels \ee.;
undc : Faction J oy thK Agreevent , but it is agreed th�!., n^ing
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CITY OF CUPERTINO PAGE 6 OF 12 �
. EFFECTIVE JULY 1 , 4-9-(io 1981 '
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ao� fi�cal year, the maximum expenditure on any route shall not '
exceed the amount as shown on Section I of this Agreement ,
unless such expenditure is revised by an amended Agreement or '
otherwise adjusted or modified as hereinafter provided for.
A new "ROUTE DESCRIPTION AND AUTHORIZED EXPENDITURES " sheet '
(Section I ) will be provided annuallyby the STATE for the ensuing
fiscal year , if necessary: to insure eouitable annual costo -
The expenditure per route for routine maintenance
work as referred to above may be increased or decreased,
redistributed between routes, or additional expenditures for spec-
ific Projects costins $0000 or less may be made when such adjust-
ment of expenditures for routine maintenance or such specific '
work is authorized in writiuA by the District Director or his auth-
orized representative. Expenditures for srecific Projects costing
} in excess of $0000 may be made when such specific work is author-
/
, ized in writing by the District Director with prior approval from
. the Chief, Office of Highway Maintenance at Headouarters.
i Additional expenditures or adjustment of expenditures thus author-
ized shall apply during the fiscal year designated therein and
shall not be deemed to modify permanently 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^
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CITY OF CUPERTINO PAGE 7 OF 12
EFFECTIVE JULY 1 f,) 1981
#
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I ^ KOUT_ DESCRIPTION AND AUTHORIZED EXPENDITURES:
ANNUAL
MAXIMUM
. ROU7Z LENGTH DELEGATED EXPENDITURE
NO, MILES DESCRIPTION OF ROUTING PROGRAM AUTHORIZED
85( 3) 1 , 45 DeAnza Boulevard from south cztz 03 $0000.00
limitz near Bollinlez Road vo Junction 04 0760 ,00
of Jc"ipe /o Freeway , Interstate Route
280; o length of 1 ^45 miles ,
TOTAL AUTHOkIZED ROUTE 85( a) $0700^00
85( b) 1 ,07 Freeway from ramp connections at Stevens None
Creek Boulevard tocity limits 940' north
of Steven Creek Blvd. , a length of 0^ 18
mile for this portion, also Freeway from
city limits 1300 ' north of Stevens Creel-
Blvd ^ to west city limits of Sunnyvale; a
length of 0^31 mile for this portion, also,
Freeway from city limits 855' north oil
Junipero Serra Freeway, Interstate Route
280, to north city limts at Homestead Road
Overcrossinf; a lensth of O ~58 mile for this
> portinn; a total lenith of 1 , 07 miles-
28C 2, 93 Junirero Serra Freeway from north city None
limity of Santa Clara tc Sunnyvale city
limits 17251 north of Wolfe Road Overcross-
inN ; a lehoth of 0 . 93 mile for this
portion, also, Freeuny fruc city limits
0160 ' south of 31aney A:en'/e Uvercrosnin�
to city limits 815' south cf Saratoga-
Sunnyvale Road Separatinn; a lenoth of
0^54 mile for this portion , also,
Freeway from city lipt`fs at Saratoja-
Sunnyvale Rood SeparAticc t: city limits
at Stelling Puad a lenoth of
0^ 50 mile for this —rtioo , also, Freeway
frnm city limjts 925 ' north of Stelling
Rcad Gvercrossirg to Sunnyvale city limits;
a length of 0 . 31 ui] e for this portion ,
also , Freeway from rity limits 475' north
or junction RouQ 851220 to Loc Altos
city Limits at Foothill Blvd^ U/`dercrossing;
a lenith of 0^67 miIp f'.r this ,orticnk a
total leogth of 2 ,93
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ci*ry ow CUPERTINO PAGE 8 (IF 1.2
E{'f- =r;'T:C%-j' JULY :l y :940- 1981
'f(l"i'(`,!._ i=►�..11ilt7F::{: I=Li EXl'EN.Tl:CTt. RE $4PI/ 00,00
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^ EFFECTI'/E JULY 1 1981
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' J . 3ELE',ATiJH OF 0AINCENAhC0
The specific maintenance activity indicated below is hereny
del~gatod to the PITY , This deleVation of maintenance
activitn seh 'furta herein dogs not jncIcde wreos onn f' mKions
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of the cont pol and maintenance rest with the local
authority under the terms of Freeway Afreements and/or Freeway
Mainte52nca �gree//snt� ^
Caltrans Budgetins Codes (HA
Mainteraoce Manasement Prnuram No . 101 , etc )
MAINTENANCE ROUTE ROUTE ROUTE
FUNCTION ' NO , NO. NO .
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We Section I for functions deleNated 85(a) 85(b) �80
to a particular ruute0
HM-21 - 03 Roadside Maintenance X(3)
HM-72 - 04 Rosdside Litter and Debris X ( 1 )
Footnotes: ( 1 ) Length of street to be cleaned - 4 ^30 curb miles
(2) Length of street to be cleaned - curb milps
' (3) CITY will mainiain sidewalks and shall be
responsible for any costs therein,
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CITY OF CUPERTINO PAGE 10 OF 12 '
- EFFECTIVE JULY 1 , 4-9-4 � 1981 '
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K. SUBMISSION OF BILLS:
The CITY may submit bills monthly except that no bill for Its,
than $100 shall be submitted more than once each auarter . .
Bills must be submitted promptly following the close of corresponding
billing period and should be coded according to the STATE _
Program or Budletary code as outlined in this Weement^
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Eouipment shall be charged at mutually acceptabIo 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.
haintenance services provided be contract or on a unit-rate-basis
with overhead costs included shall not have these above mentioned
chargas added awain^ An actual handling charge for processing
this type of bill will be allowed the CITY. Bills submitted to
the CITY for work performed in accordance with this Agreement will
also include overhead and administrative costs in accordance
with the STATE Administrative Manual ,
Emergency and storm repairs performed by the CITY would be
Paid for only with prior approval of the STATE's Himhway Maio-
tenamce Superintendent of that specific area^ Repair of emuipment
dama5ed in vehicular accidents shall be considered routine main-
tenance. In addition, the CITY should notify the STATE's Hish-
way Maintenance Superintendent for the area of any storm damage
or other ememency condition affecting the STATE highway. The
CITY shall maintain , on a generally accepted accounting basis
complete and accurate records thit 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^
The STATE will submit bills to the CITY for the CITY's
share of the cost ofmaintaininA and operating traffic si�nals
and safety lighting, for work done by the STATE, at least
semi-annually, _
L. TERM OF AGREEMENT.'
This Agreement shall become effective We 1 , 1TPA, 1981
and shall remain in full force and effect until amended or
terminated,
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ClTY OF CUPERTINO ' PACE 11 OF 12
EFFEG N% 7 ULY Ip 1981
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1, 040yeW 67 K `�e nay be &oe`Jed or tern Wed 0 :;/y
tirnmtual consent qf the parties thereto . This Agreepant
man al 5, termipRted by either party ipon thirty 130Anys '
natice /o the other party ,
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CITY OF CUFFRTIN� PAGF 12 CF 12
FFFFCTIVF JULY ( -1•9.89 1981
Ind WITNESS 1,INEREOF, the parties hereto have set their hands
and seals the day and year first above written.
CITY OF CUPFRTINO
By 1
Mayor .
City Clerk Y
STATE OF CALIFORNIA
APPROVED AS TO FORM AND PROCEDURE: DEPARTMIENT OF TRANSPORTATION
ADRIAPIA GTANTURCO
Director of Transportation
City Attorney
4 By By.
DF ISTRICT DIRF QR
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MAY 4 1981