Freeway Maintenance Agreement with the Califronia State Dep't of TransportationFREEWAY MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into, in duplicate this
3t) , day of APvrr i , 19 78, 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," WITNESSETH:
WHEREAS, on October 15, 1990, a freeway agreement was executed between
the CITY and the STATE wherein the CITY agreed and consented to certain
adjustments of the CITY street system required for the development of that portion
of State Highway Route 85, within the limits of the City of Cupertino, as a freeway,
and
WHEREAS, said freeway has now been completed or is nearing completion,
and the parties hereto mutually desire to clarify the division of maintenance
responsibility as to separation structures, and CITY streets or portions thereof and
landscaped areas, within the freeway limits, and
WHEREAS, Under Section 6 and Section 7 of the above freeway agreement,
the CITY has resumed or will resume control and maintenance over each of the
relocated or reconstructed CITY streets except on those portions thereof adopted as
a part of the freeway proper.
MAINTENANCE DEFINED:
Maintenance is defined in Section 27 of the Streets and Highways Code as
follows:
Sec. 27. " (a) The preservation and keeping of right of way, 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."
I
NOW THEREFORE, IT IS AGREED:
1. When a planned future improvement has been constructed and/or a minor
revision has been effected within the limits of the freeway herein
described, which affects the Division of Maintenance, the STATE will
provide a newly dated and revised Exhibit "A," which, when executed by
both parties, shall be made a part hereof by this reference to supersede the
original exhibit as part of this agreement.
Exhibit "A" are plan drawings that delineate the areas within the STATE
right of way which are to be maintained by the CITY in accordance with
this Freeway Maintenance Agreement.
2. VEHICULAR OVERCROSSINGS
The STATE will maintain, at STATE expense, the entire structure below
the top of the concrete deck surface except as hereinafter provided. The
CITY will maintain, at CITY expense, the top of the concrete deck surface
together with any surface treatment thereon. The CITY will also maintain
all portions of the structure above the concrete deck surface, as above
specified, including lighting installations, as well as all traffic service
facilities (signals, signs, pavement markings, rails, etc.) that may be
required for the benefit or control of CITY street traffic.
At such locations, as shall be determined by the STATE, screening shall be
placed on State freeway overpasses on which pedestrians are allowed (as
directed by Sect. 92.6 of the Streets and Highways Code). All screens
installed under this program will be maintained by the STATE (at STATE
expense).
3. SOUND WALLS
If there be any responsibility for cleaning and painting to keep the CITY's
side of the structure free of debris and graffiti, it shall lie with the CITY
and not with the STATE.
4, LANDSCAPED AREAS
If there is any responsibility for maintenance of any plantings or other
types of roadside development lying outside of the area reserved for
freeway use, it shall lie with the CITY and not with the STATE_
STATE will consult with CITY prior to removing landscape vegetative
material at the soundwalls at Locations 4, 7, and 8, as shown on Exhibit
"A"; however, the decision of STATE shall be final.
2
5. INTERCHANGE OPERATION
It is the responsibility of the STATE to provide efficient operation of
freeway interchanges including ramp connections to local streets and roads.
The maintenance and energy costs of safety lighting, traffic signals or other
necessary electrically operated traffic control devices at ramp connections
to CITY streets shall be shared, between the STATE and the CITY, and
will be covered under a separate document. Timing of traffic signals shall
also be covered under said separate document.
b. 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 with respect to the maintenance of STATE highways different from
the standard of care imposed by law.
It is understood and agreed that neither STATE 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 CITY under or in
connection with any work authority or jurisdiction delegated to 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, all officers and employees from all claims, suits or
actions of every name, kind and description brought for or on 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_
It is understood and agreed that neither the 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 delegated to the
STATE under this agreement. It is understood and agreed that pursuant to
Government Code section 895.4 STATE shall defend, indemnify and save
harmless the CITY, all officers and employees from all claims, suits or
actions of every name, kind and description brought for or on account of
injuries to or death of any person or damage to property resulting from
anything done or omitted to be done by STATE under or in connection
with any work, authority or jurisdiction delegated to the STATE under this
agreement.
3
7. EFFECTIVE DATE
This Agreement shall be effective upon the date of its execution by the
STATE, it being understood and agreed, however, that the execution of
this Freeway Maintenance Agreement shall not affect any pre-existing
obligations of the CITY to maintain designated areas pursuant to prior
written notice from the STATE that work in such areas, which the CITY
has agreed to maintain pursuant to the terms of the Freeway Agreement,
has been completed_
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
the day and year first above written.
CITY OF CUPERTINO
By
M�
Approved as to form and procedure
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
JAMES VAN LOBEN SELS
Director of Transportation
By t..-
Ra
GLENN E. BEHM
District Division Chief
Division of Maintenance
Date 't 130112
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City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
OFFICE OF THE CITY CLERK
April 8, 1998
Kim C. Le, District Branch Chief
Office of Maintenance Services
Department of Transportation
PO Box 23660
Oakland, CA 94623-0660
MAINTENANCE AGREEMENT WITH CALIFORNIA DEPARTMENT OF
TRANSPORTATION
At the regular meeting of April 20, 1998, the Cupertino City Council adopted
Resolution No. 98-100 which authorized the execution of a maintenance agreement with
the California Department of Transportation.
Attached is a certified copy of Resolution No. 98-100 and three (3) copies of the above
stated agreement. Please signed the agreements where indicated. Retain one (1) copy
for your files and return two (2) copies to:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
Sincerely,
KIMBERLY MITH, CMC
CITY CLERK
KS/mp
Enclosures
cc: Carmen Lynaugh, Department of Public Works
Prime-d on Pecycled Paper
RESOLUTION NO.98-1.00
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE CITY OF
CUPERTINO FOR MAINTENANCE OF RELOCATED OR RECONSTRUCTED
CITY STREETS
WHEREAS, there has been presented to the City Council a proposed agreement between
the State of California Department of Transportation and the City of Cupertino providing for
maintenance of relocated or reconstructed City streets in conjunction with the Route 85 project;
and
WHEREAS, the provisions, terms, and conditions of said 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 agreement and authorizes the Mayor and the City Clerk to execute said
agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20"' day of April, 1998, by the following vote:
Vote Members of the City Council
AYES: BURNETT, DEAN, JAMES, STATTON, CHANG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
AZ,
ity Clerk
THIS IS TO CERTIFY -I HAT 'l. ,� �vi
'l l flip
INSTRUMENT )SATRUEANr)CC''Lf ECTCOPY
OF THE ❑PIGINAL ON FILE 1N THIS OFFICE,
ATTEST "Z.z
CITY CLERK OF THE CITY CIF CCPERT
INO
CITY CLERK
Mayor, City of Cupertino