89-130 Caltrans encroachment permit, Reso 7785 1W
Citil of Cuperti"o
10300 Torre Avenue
Cupertino,California 95014 P.O. Box 580
Telephone: (408) 252-4505 Cupertino,California 95015
DEPARTMENT OF THE CITY CLERK
April 7, 1989
R. L. Cashion District Permit Engineer
Department of Transportation
Box 7310
San Francisco, CA 94120
CITY OF CUPERTINO RESOLUTION NO. 7785, AGREEMENT BETWEEU UZ CITy OF
C<JPE UINO AND STATE OF C'AT XURNIA FOR ISSUANCE OF F=TINE ENCROACHMENT
PERMITS ON CONVENTIONAL HIGHWAYS BY THE CITY OF C<JMZrMO
Dear Mr. Cahsion:
We are enclosing as requested two (2) orignal copies of the Agreement
and between the by
City of Cupertino and the State of California acting by
and gh the Dept of Transportation, which has been fully
�
by the City Officials, along with two (2) certified copies of
Resolution No. 7785, which was enacted by the City Council of the City of
Cupertino, at their regular meeting of April 3, 1989.
After completion, would you please send us a copy for our files.
Thank you for your cooperation.
Sincerely,
DOROTHY S �� ,
CITY CLERK
CITY OF CUPER M0
DC/so
encl
RESOLUTION NO. - 7785
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT BETWEEN
THE CITY OF CUPERTINO AND THE STATE OF CALIFORNIA,
DEPARTMENT OF TRANSPORTATION FOR ISSUANCE OF ROUTINE
ENCROACHMENT PERMITS ON COVENTIONAL HIGHWAYS BY THE '
CITY OF CUPERTINO
WHEREAS, there has been presented to the City Council a proposed
cooperative agreement between the State of California, Department of
Transportation, for the purpose of providing greater efficiency in the
issuance of encroachement permits within state highways in the City of
Cupertino; and
WHEREAS, the provisions of the aforementioned agreement have been
reviewed and approved by the Director of Public Works and the City Attorney;
NOW, THEREFORE, 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 sign the agreement in 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 1989, by
the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Koppel, Plungy
NOES: None
ABSENT: Rogers
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ John J. Plungy, Jr.
City Clerk Mayor, City of Cupertino
AGREEMENT WITH CITY OF CUPERTINO TO ISSUE .ROUTINE
ENCROACHMENT PERMITS ON CONVENTIONAL HIGHWAYS
THIS AGREEMENT, made and executed in duplicate this day
of 19 , by and between the State of California
acting by and through the Department of Transportation , hereinafter
referred to as State and the City of Cupertino hereinafter referred
to as City.
WITNESSETH:
A. RECITALS
The Parties hereto desire to provide for the City to perform
particular encroachment permit functions on State Highway 85
( DeAnza Boulevard) within the jurisdictional limits of City, to
wit, the issuance of routine encroachment permits and the control
and inspection of work performed pursuant to said permits , as
provided for in Sections 130 and 676 of the Streets and Highways
Code .
B. AGREEMENT
This Agreement shall supersede any previous AGREEMENT WITH
CITY OF CUPERTINO TO ISSUE ROUTINE ENCROACHMENT PERMITS ON STATE
HIGHWAYS and/or AMENDMENTS thereto .
C. In consideration of the mutual convenants and promises herein
contained it is mutually agreed that City;
1 . Shall use State' s Standard Encroachment Permit
forms.
2 . Shall follow State' s policies as contained in
State' s Encroachment Permit Manual . A copy of said
Manual will be furnished upon execution of this
Agreement.
3 . Shall follow State ' s design standards unless City' s
standards are more restrictive . In the event of
conflict as to interpretation , State ' s standards
shall apply.
4. May issue Encroachment Permits for the following
routine encroachments without State' s prior
approval :
a. Signs, Marquees and awnings
b. Banners and decorations
c. Curbs, gutters and sidewalks
d. Roof drains and through the sidewalk curb drains
e. Pedestrian protection (barricades or canopies)
f. Traffic counts
5 . Shall collect sufficient fees from the permittee
to cover its cost of permit administration,
inspection and other permit related costs . No
costs for City administration, review or
inspection shall be charged to or borne by the
State .
6 . Shall assign qualified personnel to review permit
applications, plans and specifications, to revise
plans and produce permit with appropriate
specifications, and to provide construction
inspection or monitoring and conduct final
inspection of all work performed within the
highway right of way.
7. Shall keep on file , subject to State ' s
inspection , all permits issued on State highways;
and shall forward copies of all issued permits ,
along with Notices of Completion, As-Built plans
( if any) and all other related data to State' s
District Permit Engineer immediately upon
completion of the work permitted or upon the
expiration of the permit .
D. 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.
-2-
a
It is understood and agreed that neither the STATE nor any
officer or employee 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 . It is
understood and agreed that pursuant to Government Code Section
895 .4 City shall defend , indemnify and save harmless the State of
California, all officers and employees from all claims, suits or
actions of every name , kind and description brought for or in
account of injuries to or death .of any person or damage to property
resulting from 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 .
The City waives any and all rights to any type of express and
implied indemnity against the STATE, its officers and employees
arising from any work, authority or jurisdiction delegated to the
City under this agreement.
E. TERMS OF AGREEMENT
THIS AGREEMENT shall become effective on the date that it is
executed by all parties 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 hereto. This Agreement may also be
terminated by either party upon thirty ( 30 ) days written notice to
the other party.
-3-
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
ATTEST: CITY OF CUPERTINO
CR
By .r, CLY of CUPCity -Clerk, C' y o Cupertino
ay i
Approved as to form and STATE OF CALIFORNIA
procedure: DEPARTMENT OF TRANSPORTATION
By
Attorney
Department of Transportation
City A torney
-4-
STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY GEORGE DEUKMEJIAN, Governor
DEPARTMENT OF TRANSPORTATION PUBLIC WONKS
BOX 7310 �4
SAN FRANCISCO, CA 94120 MAR 3 1 1989 `
(415) 923-4444
March 29 , 1989
4-SCl-85 14.13/15.59
Mr. Bert J. Viskovich
Director of Public Works
City of Cupertino
P. 0. Box 580
Cupertino, CA 95015
Attention Mr. Glenn M. Grigg
Dear Mr. Viskovich:
This is in response to your March 10 , 1989 letter transmitting
a draft Cooperative Agreement to authorize issuance of minor
encroachment permits by the City on DeAnza Boulevard (State
Highway 85) from Bollinger Road to the southerly limits of
access control of Route 280.
We cannot execute the agreement you submitted as it deviates
from the pre-approved agreement sent to you with our January 18 ,
1989 letter. Transmitted herewit - a= e dugpli. ate or ' g ' n.a agree-
ments for x -- tion-b the y. ► h 5« s.' , ea, e retlarn
1_&' C3«r] Cl c l:s7 epi«C' ►lid
The 1982 edition of the State ' s Encroachment Permit Manual is
out of print as a complete revision is in progress to reflect
new legislation and policy since 1982 . We will schedule a
meeting with appropriate members of your staff to implement
issuance of permits by the City and furnish necessary infor-
mation at that time.
Sincerely yours,
BURCH C. BACHTOLD
District Director
By
R. e. CASHION
District Permit Engineer
Attachment
STATE OF CALIFORNIA—BUSINESS, TRANSPORTAIivN AND HOUSING AGENCY GEORGE DEUKMEJIAN, Governor
DEPARTMENT OF TRANSPORTATION PUBLIC WORKS
BOX 7310
SAN FRANCISCO, CA 94120 J U L 1 8 089
(415) 923-4444
July 12, 1989
04-SCI-85 15.59
Mr. Bert J. Viskovich
Director of Public Works
City of Cupertino
P. 0. Box 580
Cupertino, CA 95015
Attention Mr. Glenn M. Grigg
Dear Mr. Viskovich:
Returned herewith is your copy of the fully executed Agreement to authorize
issuance of minor encroachment permits by the City of Cupertino on DeAnza
Boulevard (State Highway 85) from Bollinger Road to the southerly limits
of access control of Route 280.
Please call Mr. Kazem Rezaei of our staff to schedule a meeting with
appropriate members of your staff to discuss implementation of issuance
of permits by the City and to furnish necessary forms and other information.
Sincerely yours,
BURCH C. BACHTOLD
District Director
By j� '�'
R. L. CASHION
District Permit Engineer
Attachment
P
Y
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written .
ATTEST: CITY OF CUPERTINO
GBy
City C].erk, yof Cupertino Mayor/, Citf Cupertin
Approved as to form and STATE OF CALIFORNIA
procedure: DEPARTMENT OF TRANSPORTATION
Attorney Deput D' strict Director
Department of Transportation Highway Maintenance
City A torney