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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