81-023 CalTrans Maintenance agreement for portion of State Hwy 85 that goes through City of Cupertino (Reso 5609) and 1989 agreement (Reso 7680)' ��kK � U
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' ITY OF CUPERTINO \ \ 0 --
i�'
_ PAGE 1 OF 12
~ EFFECTIVE JULY 1, 14444 1981. AqRFFMFNT #n4-5318
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'
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AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY |
OF
CUPERTINO
This AGREEMENT, made and executed in duplicate this _�±b-
day of -�m� , 198l , by and between the State of-Ca-�----�---
______________ ____ ^i^"nu^^v
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�
A, RECITALS:
The parties desire to provide for the CITY to perform `
Particular delegated maintenance functions on the State highway(s) |
within the CITY as provided in Section 130 of the Streets and
Highways Code.
'
'
B. AGREEMENT:
This Agreement shall supersede any previous AGREEMENT FOR
MAINTEMANCE OF STATE HIGHWAYS IN THE CITY OF CUPERTINO
and/or Amendments thereto with the CITY. -
In consideration of mutual covenants and promises herein
contained, it is agreed!
The CITY will perform such maintenance work as is specifically
delegated to it, on State HiAhway routes or portions thereof, &ll
as hereinafter described under Sections 7 and J herecf or as said '
sections may be subseouently modified with the consent of the
Parties hereto acting by and through their authorized representative,
-'
C^ MAINTENANCE DEFINED: �
Fi tenance is defined in Section 27 of the Streets and Highw
ays
Code as followst
`
Sec. 27^ "(a> The preservation and keeping of riahts-of-way, and -
� each type of roadwa0, structure, safety convenience
or device, plantinl, illumination eouipment 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.-
�
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CW OF CUPERTINO
^ EFFECTIVE JULY 1, 19QO-. QI
/
PAGE 3 OF 12
It ns also und*.'otnot and as'oed that //*ither the CITY- o'/r s:�
of0cer or employee thereof is responsible for any dsmile or lis-
bi1zty cccurrind by reason of anything done or omitted to be dQne
by the STATE under or in connection with any work, authority, qr
Jurisdiction retained by the STATE hereunder, It is also uoder-
�
stcnn and agreed that, pursuant to Government Code Section 895^4p
the CITY shMll defend and fully indemnify and hold the STATE harmless
for any damage or liabilty occurring by reason of anything done
or omitted to be done by the CITY under or in connecticn with any
worY, 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 sholl not Perform any of these maintenance functions
unless specifically deleNated under the said Section J (DELE-
GATION OF MAINTENANCE),,
The various
maintenance functions or duties
are defined and
described by the
following Programs.
The numbers
without prefix
relrte to the Maintenance Management
System (MMS)
Program and the
nu&ners with the
prefix 'HM' relate
to the STATE
budgetary codes^
C3 - ROADSIDE MAINTENANCE PROGRAh
Hm-71
Roadside shall be describod as that area between the roadbed
and the outer highway right-of-way boundary line. Maintenance of
roadside includes the cleaning o" culverts, ditches, natural :ate'l,
channels and gutters, 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.
Msintenance work to be perfcrmed withiQ the area designated as
ro-aKside maintenance shall include such sidewalk and curb inspsc-
tion and action toward repair of sidewaiks, curbs, and other facil-
ities ss is necessary to keep them in a reasonably safe condition^
Joint inspection should be o: a biannual basis, The STATE will
not pan for the maintenance of a,.y sidepalks^ The CITY shall
follow the same policy and procedures generally followed by it with
respect to CITY streets in the motter of reeuiring siJewalk
repairs znd control of vegetation to be made by or at the expense
of abutting owners who are under legal obligation to rerform such
wnrk. It is agreed that reaionahle dilisenre will be excercised by
CITY OF CUPERTINO
EFFF�TIoE JULY 1~ -4-` P 1981
m
PAGE 5 OF 12
m"/'`�zping ar'< np-raUng tramc signals anj =ifet, li��ijn5,
[he7o costs will be based upon a monthly unit rote, actual cost
of noin'enance and operation of a panicuIar intersection, or
suc� other method that the STATE may establish. These costs
will include overhead and other indirect expenses i�curred
by 7�a STATE in those specific operations.
The cost of operating and maintainicg traffic signWs or other
ele.'\rically operated trafVic control devices new in yl'ne at
the intersection of any STATE hzs^way route and any Wl7|
str*st/road, identified in the inventory list furoisW to STATE
to the CITY, shall be shared between the STATE and the CITY on a
prorata basis in the same ratio as the number o|` legs iK the inter-
section under each Jurisdiction bears to the total number of legs,
The cams principle of cost distribution shall apply to freeway
interchanges, The participation ratio shall be based upon the
numkor of legs of the respective agencies to the total number of
leso of the interchange. The percentage of costs to be borne by
the CITY shall be shown in the inventors list. Said liGt is NOT a
Part of this Agreement and is furnished for informatior only.
A revised inventory list will be furnished to the CITY when there
are zhaoges in the inventory.
Extraordinary
expense, such as
repair or replacement
of
extQnsive damage,
shall be assessed
(irectly a4ainst
thp
pnrticulpr
installation involved.
Billin5s for
suck costs
shall bn
iWized
as t. myterials, includins
service and
expense,
salsrics
end wages,
and esuipment rental^
`
G^ C[NERAL GUIDES,,'
Maintenance of warning and regulatory signs, traffic control
devicesy and hichway lighting facilities as hereinbefore referred
shall include upkeep and repair of supports, as well as such
other items which are an integral part of the installatino^
Those facilities as defined under Programs 06, 07; W and 09
abo"a, which are installed subsesoent to the execution of
Agrvement" shall become subject tn the to,ms and ccndilioco of
this Agreement upon notice to the CIT/ from the STATE o^ the
completion of any such installation.
H, EXPENDITURE AU[HOKIZATION|
The STATE will reimburse the CITY for actumi cost of all
roulire maintenance work performed by thc CJTY as dele!Ve�i;
und,: Boction J of thig Afreevent^ but it is alr*ed th"!.,
CITY OF CUPERTINO
EFFECTIVE JULY 1' &=l98I
PAGE 7 OF 12
: jl:
I^ KUUVE DESCRIPTION AND AUThORIZED EXPENDITURES:
ROU7o LENGTH DELEGATED
NO^ MILES DESCRIPTION OF ROUTING PROGRAM
85(2) 1^45 DeAnzn Boulevard from south cztA 03
limiti near Bnllinsez Road vo Junction 04
of Ju"ipe/o F?eeway, Interstate Route
2800 n length of 1^45 miles.
TOTAL AUTHOkIZED ROUTE 85(a)
85(b) 1,07 Freeway from ramp connections at Stevens
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 Stevans Cre&
Blvd^ to west city limits of Sunnyvale! a
length of 0,31 mile for this popticn, also,
Freeway from city limits 855' north of
Junipero Serra Freeway, Interstate Route
280, to north city ljmts at Homestead Road
Overcrossino; a length of 0~58 mile for this
portion; a total lenith of 1-07 miles -
20C 2.93 Junirero Gerra Freeway from north city
limit4 of Santa Clara tD Suosyvele city
limits 1725/ north of Wolfe Road O:ercross-
inN; a length of 0.93 mile for this
portion, also, Freeuoy froc city limits
0160' south of F1aney A:en'/e Uvercrosnio�
to city limits 815' south cf Saratoga
-
Sunnyvale Road Separatinn; a lenath of
0^54 mile for this Fnrtinn, also,
Freeway from cita lirify at Saratola-
Sunnyvale Rood Separ/ticc to city 1imi0i:-
et Stelling Poad O'crcrn',siw; 3 lenuth of
0^50 mile for th`s ',rVon, also, Freeway
frnm city limits 925 north of Stelling
Read Gvercrossip, to Sunnyvale city limits;
a lensLh of 0,3a uija for t�is portion`
also, Freeway from rit9 limits 475' north
o/ J:nction RouLe 85Y280 to Los Altos
city Limits at Foothill Blvd. U/`darcrossing;
a ]ewth of 0^67 milp f' r this ,ortien; a
total leogLh of 2,97 miles.
ANNUAL
MAXIMUM
EXPENDITURE
AUTHORIZED
$0000.00
3,7OO,OO
$4,7O0~O0
None
None
'.
. .. .
... �
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01 TY OF CU?ERTINO
&A'/E
9 OF
12
~ ' EFFFCTI»E JULY 1, 1981
`
^ �
' J. JELE&ATi3H OF sn[W/ENHw&'
The specific maintenance activity indicated
below is
heren�
d*!-gatod to the PITY, This delegation of sAnter.once
actj:it� s-b-furtn herein do -s not inclW* 3re�s
ona
y'ncWns
' of ohich the control and maintenance rest with
the
local
authority under the terms of Freeway Agreements
and/or
Fre*way
Mainte"nncw Wreeusnto^
Caltran, Bxdgetim Codes (HA)
Maintenance Manal*ment Program No, 101, etc}
MAINTENANCE
ROUTE
ROUTE
ROUTE
FUNCTION
NO,
NO,
NO.
<Sce Section I for functions deleAated
85(a)
85(b)
180
to a perticular route.)
HM -21 - 03 Roadside Maintenance
X(3)
HM -72 - 04 Knsdside Litter and Debris
X01)
Footnotes! (1) Length of street to be
cleaned
- 4.30
curb miles
� �������
(2) Length of street to be cleaned - curb miles
(3) CITY will mainisin sid*walks and shall be
responsible for any cj5ts there
ATY OF CUPERTINO
~'EFF5577'.'i.7 /JLY 1 I981
PAGE 11 OF 12
.',Iroonew si K `ve nau be *:e`Jed or ter/.!"Med Q �ry
tir' wan mutual consent qf the parties thpretu. This Agreem*nt
mss al. W terminated bw either party won thirty 130- Anys
notics |n the other party^
CITY OF CUPFRTINr
FFFFCTIVF JULY( -.L80 1.981
PAGF 12 OF 12
IN WITNESS WFEREOF, the parties hereto have set their hands
and seals the day and year first above written.
APPROVED AS TO FORM AND PROCEDURE:
By
CITY OF CUPFRTINO
BY
y r
Mayor.
/ City Clerk
STATE OF CALIFORNIA
DEPARTP•'ENT OF TRA;ISPORTATION
ADRIANA GIANTURCO
Director of Transportation
, Wt/il, if., I,"' ro; � M�_n
'�� -
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
ATTEST:
/s/ Lucille Campagna-Blaise
City Clerk„6-,
APPROVED:
/s/ Reed Sparks
Mayor City of Cupertino
THIS IS TO CERTIFY THAT THC WITHIN
INSTRUMENT ISA TRUE AND CORRECT COPY
OF THE ORIGINAL ON FILE IN THIS OFFICE,
ATTEST 19-
��
-CIT CLERK OF CITY ❑F CUPERTI,NQ
STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY GEORGE DEUKMEJIAN, Governor
DEPARTMENT OF TRANSPORTATION
BOX 7310 p 1��1�
SAN FRANCISCO, CA 94120 PUBLIC �ueeKS
1(415)
923-4444
JAI 2 6 1989
January 24, 1989
4-SCl-Var. Cpu
404.17
Mr. Bert Viskovich
Director of Public Works
City of Cupertino
10400 Torre Avenue
Cupertino, CA 95015
Attention Mr. Glen Grigg
Dear Mr. Viskovich:
Attached is a completely executed copy of the Agreement for
Maintenance of State Highways in the City of Cupertino
that provides for the City to assume maintenance of the
traffic signals and safety lights that are currently main-
tained by the State.
When the date of transfer of the maintenance responsibilities
has been established, the Pacific Gas and Electric Company
should be notified that the City will assume the electrical
energy charges for the traffic signals and lights. The list
of equipment is on the attached sheet. We will also send
a letter to Pacific Gas and Electric Company.
If you have any questions, please call Mr. Dave Lee at
415-557-3266.
Thank you for your cooperation in finalizing this Agreement.
Sincerely yours,
BURCH C. BACHTOLD
District Director
By ��, e� 411.-
G. M. CHIN
Senior Engineer
Maintenance Services
Attachment
//-?, 61'0�
Branch
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY
OF
CUPERTINO
This AGREEMENT, made and executed in duplicate this 10th
day of January , 1989 , 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".
W I T N E S S E T H:
A. RECITALS:
The parties desire to provide for the CITY to perform
particular maintenance functions on the State highway(s) within the
CITY as provided in Section 130 of the Streets and Highways Code.
B. AGREEMENT:
This Agreement shall supersede any previous AGREEMENT FOR
MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF CUPERTINO and or
Amendents thereto with the CITY.
In consideration of mutual covenants and promises herein
contained, it is agreed:
The CITY will perform such maintenance work as is specifically
delegated to it, on State highway routes or portions thereof, all
as hereinafter described under Section H hereof or as said section
may be subsequently modified with the consent of the parties hereto
acting by and through their authorized representatives.
C. MAINTENANCE DEFINED:
Maintenance is defined in Section 27 of the Streets and
Highways Code as follows:
Sec. 27. "(a) The preservation and keeping of
rights-of-way, and 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."
D. DEGREE OF MAINTENANCE:
The degree or extent of maintenance work to be performed and
the standards therefor shall be in accordance with the provisions
of Section 27 of the Streets and Highways Code as set forth in the
current edition of the State Maintenance Manual (a copy of which
has been provided to the CITY), or as may be prescribed from time
to time by the District Director. "District Director", as used
herein, means the District Director of the Department of
Transportation assigned to the territory in which the CITY is
located, or his authorized representative.
The STATE reserves the option to check at random all areas of
State highways maintained by the CITY to assure conformance to
maintenance levels. Failure of the CITY to comply with the
maintenance levels would be reason to terminate this Agreement as
specified under Section J "Term of Agreement". However, this
random check does not preempt the CITY's maintenance
responsibilities as spelled out in the Agreement.
An Encroachment Permit will be required for third parties when
maintenance work is redelegated. Such redelegated work shall be
performed to the same levels of service as spelled out herein and
will be subject to the same random checks as provided for work
performed directly by CITY forces.
The level of service of maintenance in each of the programs
delegated to the CITY has been considered in setting authorized
total and route dollar amounts. The CITY may perform additional
work if desired but the STATE will not reimburse the CITY for any
work in excess of authorized dollars. The District Director may
authorize adjustments needed because of inflation or changes in
program emphasis.
-2-
E. 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.
It is understood and agreed that neither the STATE no 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 CITY under or in connection with any work, authority or
jurisdiction delegated to the CITY under this Agreement for
Maintenance. It is also understood and agreed that, pursuant to
Government Code Section 895.4, the CITY shall fully indemnify and
hold the STATE harmless from 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 neither 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 not delegated to the CITY under this Agreement. It is
also understood and agreed that, pursuant to Government Code
Section 895.4, STATE shall fully indemnify and hold CITY harmless
from 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 not delegated to CITY under this
Agreement.
F. MAINTENANCE FUNCTIONS:
The CITY shall perform only those maintenance functions
delegated, as identified, in Section H (DELEGATION OF
MAINTENANCE) of this Agreement.
A brief description of those maintenance functions delegated
to the CITY are included in this section. The functions are
identified by the Caltrans HM Families (Program) Codes.
-3-
HM2C SLOPES/DRAINAGE/VEGETATION
This provides for cleaning, maintaining, and repairing
culverts, ditches, drains, structures, fences, curbs,
sidewalks and other appurtenances between the roadbed and
the outer highway right-of-way boundary line. It also
includes weed and brush control by chemical, biological or
mechanical methods, trimming and removal of trees and pest
control. The following problems are included:
1. Unpaved shoulder management
2. Nonlandscaped weed control
3. Nonlandscaped tree/brush/vegetation
9. Miscellaneous
HM2D LITTER/DEBRIS
This provides for removal of litter and debris from roadway
surfaces and roadsides. The following problems are
included:
1. Debris/carcass pickup
2. Sweeping
3. Litter pickup
4. Spills of non toxic substances
9. Miscellaneous
HM4K ELECTRICAL
This includes maintenance work performed on highway
electrical facilities including flashing beacons, traffic
signals, traffic -signal systems, safety lighting and sign
lighting. It also includes the electrical energy for these
items.
Timing of traffic signals shall be provided for STATE
review. Upon notification by the STATE that the timing is
unsatisfactory, the CITY shall consult with the STATE to
arrive at a mutually agreeable solution.
Maintenance of the "designed" timing is the responsibility
of the CITY. Timing records shall be kept in both CITY
Maintenance and Traffic Branches.
EMERGENCY OPERATION OF TRAFFIC SIGNALS
Flashing operation shall be considered as the "primary
emergency mode of operation at all intersections". Red/
yellow or all red may be used, as determined by State
Traffic Engineering.
Every effort shall be made to restore the intersection to
normal operation as soon as possible.
=5z
G. EXPENDITURE AUTHORIZATION:
The STATE will reimburse the CITY for actual cost of all
routine maintenance work performed by the CITY as delegated under
Section H of this Agreement, but it is agreed that during any
fiscal year, the maximum expenditure on any route shall not exceed
the amount as shown on Section H of this Agreement, unless such
expenditure is revised by an amended Agreement or otherwise
adjusted or modified as hereinafter provided for.
A new "DELEGATION OF MAINTENANCE" sheet (Section H) will be
provided annually by the STATE for the ensuing fiscal year, if
necessary, to insure equitable annual cost.
The expenditure per route for routine maintenance work as
referred to above may be increased or decreased, redistributed
between routes, or additional expenditures for specific projects
costing $5,000 or less may be made when such adjustment of
expenditures for routine maintenance or such specific work is
authorized in writing by the District Director or his authorized
representative. Expenditures for specific projects costing in
excess of $5,000 may be made when such specific work is authorized
in writing by the District Director with prior approval from the
Chief, Division of Highway Maintenance at Headquarters.
Additional expenditures or adjustment of expenditures thus
authorized shall apply during the fiscal year designated therein
and shall not be deemed to permanently modify 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.
-5-
H. DELEGATION OF MAINTENANCE:
The specific maintenance function indicated below (and on
"EXHIBIT A") is hereby delegated to the CITY. This delegation of
maintenance function set forth herein does not include areas and
functions of which the control and maintenance rest with the local
authority under the terms of Freeway Agreements and/or Freeway
Maintenance Agreements.
MAXIMUM
ANNUAL
ROUTE LENGTH PROGRAM AUTHORIZED
NO. MILES DESCRIPTION OF ROUTING DELEGATED EXPENDITURE
85(a) 1.45 De Anza Boulevard from south HM2C
city limits near Bollinger HM2D
Road to junction of Junipero HM4K
Serra Freeway, Route 280, a
length of 1.45 miles.
(Footnotes 1,2)
Total Authorized Route 85(a)
85(b) 1.13 Freeway from ramp connections
at Stevens Creek Boulevard to
west city limits of Sunnyvale,
a length of 0.55 mile; also,
Freeway from city limits 850'
north of Junipero Serra
Freeway, route 280, to north
city limits at Homestead Road
Overcrossing, a length of 0.58
mile for this portion; a total
length of 1.13 miles.
Total Authorized Route
280 3.15 Junipero Serra Freeway from
north city limits of Santa
Clara to Sunnvale city limits
1,725' north of Wolfe Road
Overcrossing, a length of 0.93
mile for this portion; also,
Freeway from city limits
1,160' south of Blaney Avenue
Overcrossing to City limits
815' south of Saratoga -
Sunnyvale Road Separation, a
length of 0.54 mile for this
HM4K
85(b)
HM4K
1,000.00
5,000.00
9,750.00
$ 15,750.00
$ 6,000.00
$ 6,000.00
$ 11,250.00
ROUTE LENGTH
NO. MILES DESCRIPTION OF ROUTING
portion; also, Freeway from
600' south of Saratoga -
Sunnyvale Road Separation to
Saratoga -Sunnyvale Road
Separation, a length of 0.11
mile for this portion, also,
from city limits at
Saratoga -Sunnyvale Road
Separation to Sunnyvale city
limits at Stelling Road
Overcrossing, a length of
0.61 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
city limits 475' north of the
junction of Routes 85/280 to
Los Altos city limits at
Foothill Boulevard
Undercrossing, a length of
0.63 mile for this portion; a
total length of 3.15 miles.
PROGRAM
DELEGATED
Total Authorized Route 280
TOTAL AUTHORIZED AMOUNT
MAXIMUM
ANNUAL
AUTHORIZED
EXPENDITURE
$ 11,250.00
$ 33,000.00
Footnotes: (1) Length of street to be cleaned -4.35 curb miles.
(2) CITY will maintain sidewalks and shall be
responsible for any costs therein.
-6a-
I. SUBMISSION OF BILLS:
The CITY will submit bills in a consistent periodic sequence
(monthly, quarterly, semiannually, or annually). Bills for less
than $500 shall not be submitted more than once each quarter.
Bills must be submitted promptly following close of corresponding
billing period and should be coded according to the Caltrans HM
Families Code as outlined in this Agreement. Bills submitted for
periods prior to the last fiscal year will be deemed waived and not
be honored.
Equipment shall be charged at mutually acceptable 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.
Maintenance services provided by contract or on a unit -rate
basis with overhead costs included shall not have these
above-mentioned charges added again. An actual handling charge for
processing this type of bill will be allowed the CITY.
Emergency and storm repairs performed by the CITY will be paid
for only with prior approval of the STATE's Highway Maintenance
Superintendent of that specific area. In addition, the CITY should
notify the STATE's Highway Maintenance Superintendent for the area
of any storm damage or other emergency condition affecting the
STATE highway. Repair of equipment damaged in vehicular accidents
shall be considered routine maintenance. The CITY shall maintain,
on a generally accepted accounting basis, complete and accurate
records that 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.
J. TERM OF AGREEMENT:
This Agreement shall become effective July 1, 1988 and shall
remain in full force and effect until amended or terminated.
This Agreement may be amended or
mutual consent of the parties thereto.
terminated by either party upon thirty
the other party.
-7-
terminated at any time upon
This Agreement may also be
(30) days written notice to
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
City Attorney
t
By
CITY OF CUP INO
yo
A�11-1 ity
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
ROBERT K. BEST
Director of Transportation
By
Deput' Di' trict Director
DATE / L / c Z C e�
H
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Pacific Gas and Electric Company
Customer Services
10900 North Blaney
Cupertino, CA 95015
ELECTRICAL EQUIPMENT
CUPERTINO
SIGNALS
ROUTE
LOCATION
SIGNALS
PG&E ACCOUNT NO.
(Post Mile)
85a
Bollinger Road
E37R7
ZVV4750001-0
14.132
85a
McClellan Road
E37R8
ZVV3623301-8
14.351
85a
Rodrigues Avenue
E37R9
YVV2767201-8
14.611
85a
Stevens Creek Boulevard
E37RO
BVV1948001-3
14.881
85b
Freewav SB Off -ramp
E37C2
YVV8343901-8
17.851
85b
Freeway NB On-ramp
E37X4
YVV837315
17.852
280
Wolfe Road SB
E37H3
BVV2938301-9
8.201
280
Wolfe Road NB
E37H4
BVV4227501-1
8.454
280
DeAnza Boulevard SB
E37UO
BVV39079051-5
4.471
280
DeAnza Boulevard NB
E37V1
BVV3907901-6
9.430
ELECTRICAL EQUIPMENT
CUPERTINO
SODIUM VAPOR LIGHTS
(Unmetered)
ROUTE
LOCATION
PG&E ACCOUNT NO.
(Post Mile)
85a
Bollinger Road
TVVP137201-2
14.132
No. 14092 200
Watt
14102 200
Watt
14112 200
Watt
14122 200
Watt
85a
McClelland Road
Unknown
14.351
No. 14311 310
Watt
14321 310
Watt
85a
Rodrigues Avenue
Unknown
14.611
No. 14611 310
Watt
14621 310
Watt
85a
Stevens Creek Avenue
TVVP137201-2
14.881
No. 14811 200
Watt
14821 200
Watt
14831 200
Watt
14841 200
Watt
85b
Freeway SB Off -ramp
TVVP137201-2
17.851
No. 17811 400
Watt
17831 400
Watt
85b
Freeway NB On-ramp
TVVP137201-2
17.852
No. 17822 400
Watt
17842 400
Watt
17862 250
Watt
280
Wolfe Road SB
TVVP137201-2
8.201
No. 08311 200
Watt
08331 200
Watt
280
Wolfe Road NB
TVVP137201-2
8.454
No. 08444 200
Watt
08464 200
Watt
ROUTE LOCATION
(Post Mile)
280 DeAnza Boulevard SB
9.471 No. 09431 310 Watt
09451 310 Watt
280 DeAnza Boulevard NB
9.430 No. 09400 310 Watt
09420 310 Watt
PG&E ACCOUNT NO.
TVVP137201-2
TVVP137201-2
RESOLUTION NO. 7680
RESOILMCN OF 1 CITY CCUNCIL OF 1 CM OF • ` 7R � •
AUn;•Y 7► �7 • • • d' 717 171 •]' P 71 P M OF
HIC P 1 M • •` 7R I• :� 7171 1 1
STATE• •'d •171` • y� 171 • 'OR •
WHEREAS, there has been presented to the City Council a proposed
agreement between the State of California and the City of Cupertino to
delegate to the City certain maintenance responsibilities upon State
highways within the City of Cupertino; and
WHEREAS, said agreement provides for reimbursement of cost for
services rendered by City; all as more specifically outlined in the
provisions of said agreement; and
WfEREAS, said agreement having been reviewed and approved by the
Director of Public Works and the City Attorney;
NOW, ARE, 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 execute the agreement in behalf of the City.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this l?th day of December , 1988, by the
following vote:
vote Members of the City Council
AYES: Gatto, Johnson, Koppel, Rogers, Plungy
NOES: None
ABSENT: None
ABSTAI11: None
/s/ Dorothy Cornelius
City Clerk
THIS IS TO
INSTRUMENT
OF THE ❑RIGI
ATTEST---
CITY
TTEST®CITY CLERK -
9Y,
/s/ John J. Plungy, Jr.
Mayor, City of Cupertino
ERTIFY THAI
ATRUE AND CORiEG7 _t
kL FILE ,IN THIS`-OFF'li;'i
THE CITY ❑F_P&P2
9 M V1/.®