Study Session Attachment 8TOWN CLERK
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17,
ROUTE 85 PERFORMANCE AGREEMENT
THIS AGREEMENT, made and entered into this ' ^ h�
day of October 1990, by and
between the SANTA CLARA COUNTY TRAFFIC AUTHORITY (herein referred to as
"TRAFFIC AUTHORITY"), and the TOWN OF LOS GATOS (herein referred to as
"TOWN"),
WITNESSETH:
WHEREAS, in 1984 the voters of Santa Clara County passed Measure A on the
ballot, authorizing a one-half of one percent sales tax in the County for a period of ten
years, to fund major highway improvements on State Routes 85, 101, and 237; and
WHEREAS, the TRAFFIC AUTHORITY was created to administer the program and
see that specific identified improvements were implemented; and
WHEREAS, through the development of Freeway Agreements, it became evident that
a separate Agreement was appropriate between the TOWN and the TRAFFIC
AUTHORITY which would outline mitigation measures establish specific design guidelines,
and specify TOWN participation in the design process; and '1
WHEREAS, the TRAFFIC AUTHORITY intends to provide equitable application of
policies and measures for all Corridor cities in the implementation of the Route 85 freeway
project; and
WHEREAS, it is the mutual desire of the parties hereto to enter into this Performance
Agreement in accordance with the attached information;
NOW, THEREFORE, IT IS AGREED:
1. This Agreement is executed in conjunction with the separate Freeway Agreement
between the TOWN and the CALIFORNIA DEPARTMENT OF TRANSPORTATION
(herein referred to as "CALTRANS").
2. This Agreement, by reference, incorporates the following documentation: the
TRAFFIC AUTHORITY'S Draft Strategic Plan July 1990, the Route 85 Environmental
Impact Statement, July 1987, and subsequent Reevaluations/Addenda; the Mitigation Plan.
December 1987, the Los Gatos Creek Mitigation Plan, July 1990; the Visual Design
Guidelines, November 1988, and subsequent revisions; and the Route 85 Bicycle Corridor
Plan, November 1988. Commitments made by this Agreement shall be an extension of
these documents.
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Attachment 8
3. The general alignment of Route 85, along with street closures and interchange
locations, will be addressed in the Freeway Agreement between the TOWN and
CALTRANS.
4. Route 85 through the TOWN will be a 6 -lane facility with a median width of 46'
from Winchester Boulevard to Pollard Road, and 48' from Bascom Avenue to Winchester
Boulevard; and a vertical profile as shown in Attachment "A".
5. The TOWN has participated in the development of corridor visual design
guidelines through a committee composed of representatives from Route 85 communities.
From this effort, a general design theme was specified and design guidelines were prepared.
These guidelines address prospective visual aesthetics of design features such as retaining
walls, sound walls, bridges, pump stations, community walls, landscaping and related
amenities. The guidelines shall be followed in the final design of freeway facilities.
Attachment "B" represents alternative surface treatments selected by the TOWN for use in
final design of the features listed herein.
6. Attachment "C" defines tentative locations for sound attenuation along the Route
85 corridor, as shown in the Mitigation Plan. Sound walls will be designed and constructed
in accordance with Federal and State guidelines as a minimum. The TOWN will provide
input during the design process through community meetings and review of design
documents.
7. The TRAFFIC AUTHORITY will provide levels of landscaping over and above
those required by Federal and State standards. Specific types and locations will be
determined in the design process, with input from the Aesthetics Review Committee and
approval by the TOWN. Landscaping design will seek to maximize local aesthetics, and
minimize long-term maintenance costs, within the available budget.
The TRAFFIC AUTHORITY'S allowance for landscaping is $25,000 per landscaped
acre, and community input will determine the design emphasis. The area to be landscaped
is the width from the edge of the outside shoulder to the limits of the right-of-way and
excludes the median. The cost of required irrigation is included in the $25,000 per acre
allowance. Attachment "D" provides graphic representation of 5 major areas of typical
freeway landscaping: (1) Depressed profile (2) Elevated profile (3) At -grade profile
(4) Local street interchange (5) Major freeway -to -freeway interchange. These displays
demonstrate typical densities and general layouts of ground cover. The TOWN will direct
the allocation of the landscaping allowance within its boundaries, consistent with the Visual
Design Guidelines. Any landscaping damaged or removed from a local street shall be
replaced consistent with Town policy. The size of the replacement species shall be
approved by the Town.
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8. The TRAFFIC AUTHORITY agrees to set aside sufficient funds in an escrow
account to be maintained by the County Controller as part of the County's pooled
investment fund, to cover the cost of mitigation measures within the TOWN over and above
that mitigation which would be provided under State and Federal guidelines.
9. CALTRANS has developed a visual theme for Route 85 bridges which utilizes a
tapered, rounded box structure and pier. The TOWN may include aesthetic, non-structural
changes to enhance a preferred local theme. Bridges will be designed and constructed in
a manner not to preclude future mass transit development in the freeway median.
10. Local historic, archaeological and cultural resources impacted by the freeway
project will be assessed and dealt with in accordance with the Environmental Impact
Statemen and the Mitigation Plan. Attachment "C" defines potential pedestrian and bicycle
facilities and impacted historic sites in the Route 85 Corridor through the TOWN.
11. The TOWN will participate in the final design process through attendance at
regularly scheduled meetings. These meetings are held to coordinate the efforts of the
design team; to allow affected agencies to express their interests and concerns; and to
ensure consistency with current State and local standards, and the Visual Design Guidelines,
12. The TRAFFIC AUTHORITY agrees to phase construction of the freeway in such
a manner that minimum segments to be opened to traffic are as follows:
■ Route 280 to Route 17
■ Route 17 to Almaden Expressway
■ Almaden Expressway to Monterey Highway
■ Monterey Highway to Route 101
In the event that this phasing becomes unattainable, the TRAFFIC AUTHORITY
and TOWN will develop a revised phasing plan, acceptable to both parties.
The TRAFFIC AUTHORITY also agrees to include Lark Avenue, from Oka
Lane to Los Gatos Boulevard, in an early construction phase.
13. Wherever feasible, soundwalls will be included in an early construction phase
where they do not interface with other and subsequent construction activity.
14. The TRAFFIC AUTHORITY agrees that no new freeway lanes shall be
constructed in the Route 85 median or in the shoulders of Route 85 within the geographical
limits of TOWN without prior written approval by the Town Council of the TOWN.
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15. The TRAFFIC AUTHORITY agrees that Route 85 shall have the following
characteristics, and funding and construction shall be guaranteed in the following priority:
A. All mitigation elements including design of sound walls, landscaping, riparian
habitat, and relocation of Maria's Berry Farm structures shall be completed
by the TRAFFIC AUTHORITY. The design of sound walls and landscaping
shall be consistent with the Visual Design Guidelines;
B. Widening of Lark Avenue bridge over Route 17 shall be constructed to four
through lanes plus two turn lanes, bike lanes and pedestrian walkways with
widening of approaches to the bridge;
C. Configuration of the freeway shall provide for:
(1) Six lanes, with two of those lanes designated as commuter lanes for peak
period operation;
(2) Preservation of at least a 48 -foot median east of Winchester Boulevard
for future mass transportation development;
(3) Preservation of at least a 46 -foot median west of Winchester Boulevard
for future mass transportation development; and
(4) Design of all interchanges, bridge structures, and grading to
accommodate future transit options in the corridor, including the
extension of the existing Vasona Rail line into the median of Route 85;
D. Route 85/17 Interchange shall be constructed in accordance with the three
(3) loop interim alternative depicting Route 17 to be elevated approximately
fifteen (15) feet above existing grade and Route 85 and all connecting ramps
shall be constructed at an elevation below the new elevation of Route 17;
E. Southbound and northbound off -ramps from Route 85 to Bascom Avenue
with southbound and northbound on -ramps from Bascom Avenue to Route
85 shall be constructed and opened for public use as a single project;
F. Access to the Oka Road/Mozart Avenue neighborhood as determined in
accordance with the Freeway Agreement; and
G. One northbound on-ramp and one southbound off -ramp to Route 85 from
Winchester Boulevard shall be constructed and opened for public use at the
same time or after the full Bascom interchange (Item E).
16. The TRAFFIC AUTHORITY agrees to install a warning sign on Route 85 westerly
of the Winchester off -ramp to be used when there is traffic congestion on Highway 17.
In addition, the TRAFFIC AUTHORITY agrees to provide an agreement between the
TOWN and CALTRANS that will enable the TOWN to close the local streets at the
connection to the southbound on-ramp onto Highway 17 at South Santa Cruz Avenue when
Route 85 or Highway 17 is congested. The purpose of the warning sign and ramp closure
is to prevent traffic from using TOWN streets to avoid traffic congestion on Route 85 or
Highway 17.
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17. Construction noise control and working hours will be consistent with or exceed
the requirements of local regulations and ordinances. Should a conflict arise, the TRAFFIC
AUTHORITY and TOWN will evaluate the circumstances and propose conditions that are
acceptable to both parties.
18. The TRAFFIC AUTHORITY agrees to only provide funding for the design and
construction of Route 85 in accordance with this Agreement. The TRAFFIC
AUTHORITY will provide final plans and specifications to the TOWN for review. On the
TOWN's acceptance that the documents are consistent with this Agreement, the project will
be advertised for construction. If any concerns are raised during this review, the TRAFFIC
AUTHORITY agrees to withhold funding of the project until these issues can be resolved.
19. The TOWN reserves the right to make further requests consistent with the needs
of the community as circumstances arise and consistent with CALTRANS and the
TRAFFIC AUTHORITY's visual design guidelines and Mitigation Plan for Route 85.
20. The TOWN will have the opportunity to enter into a separate Cooperative
Agreement committing local funds to enhance the design commitments made in this
Agreement.
21. The TRAFFIC AUTHORITY agrees to provide TOWN with appropriate data for
TOWN to request modification of the flood plain designation established by the Federal
Emergency Management Agency (FEMA).
22. The TRAFFIC AUTHORITY agrees to consult with the TOWN regarding signing
on Route 85, off ramps and local streets leading to Route 85.
23. The TOWN agrees to widen Los Gatos Boulevard to six lanes and proposes, as
an interim measure, to widen Los Gatos Boulevard to four lanes between Lark Avenue and
Samaritan Drive prior to the completion of the Bascom Avenue interchange. The TOWN
will plan for the four lane project in the 1991-1992 Capital Improvement Program. The
six lane widening would be constructed when development of the impacting properties
within the Routes 85/17 Project Referral Boundary takes place and are assessed for said
improvements. That assessment of improvements by parcel shall be proportional based on
the relative degree of impact as determined by the projected traffic generation of specific
development projects. Assessment shall also cover the cost of necessary traffic mitigation
measures caused by said development within the Project Referral Boundary.
24. This Agreement may be modified at any time by the mutual consent of the parties
hereto, as may become necessary for the best accomplishment, through TRAFFIC
AUTHORITY and TOWN cooperation, of the whole freeway project for the benefit of the
people of Santa Clara County and the TOWN. If unforeseen cost increases or significant
L4\agreemnt\perf.agm 5 Rev. October 16, 1990, 12;39 16
environmental impacts arise beyond those anticipated by this Agreement, each party
reserves the right to request an Amendment to this Agreement. If reasonable, these
requests will be considered, but in no event is the TOWN under any obligation to approve
such amendment.
25. TRAFFIC AUTHORITY agrees to defend, indemnify, and hold TOWN harmless
against any and all claims, damages, losses, demands, or causes of action arising out of any
negligence or intentional misconduct on the part of the TRAFFIC AUTHORITY, its
agents, employees, attorneys, assignees, or contractors in the course of performing this
Agreement. The indemnity provided by this paragraph shall include reimbursement of all
reasonably incurred costs and attorney's fees.
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26. TOWN agrees to defend, indemnify, and hold the TRAFFIC AUTHORITY
harmless against any and all claims, damages, losses, demands, or causes of action arising
out of any negligence or intentional misconduct on the part of TOWN, its agents,
employees, attorneys, assignees, or contractors in the course of performing this Agreement.
The indemnity provided by this paragraph shall include reimbursement of all reasonably
incurred costs and attorney's fees.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective duly authorized officers.
Date: /D L jlge
Date:'/ ' ) AJC
APPROVED AS TO FORM:
Date: t�u� � c p
Date:
TOWN OF LOS GATOS
A Municipal Corporation
SANTA CLARA COUNTY TRAFFIC AUTHORITY
By:
CHAIRPERSON
•I�-. . ! ►moi'.
Town rey
'>
Attorney (Santa Clara County Traffic Authority)
ATTEST:
DATE: /Vyl'6/1'11 -E /6- /q ;o
�-
MARIAN V. COSGROW
CLERK OF THE TOWN VF LOS GATOS
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