1993-056 -Amend Agreement For Maintenance Of State Highways In The Town With California DOTRESOLUTION 1993 - 56
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AMENDED AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS
IN THE TOWN OF LOS GATOS WITH
CALIFORNIA DEPARTMENT OF TRANSPORTATION
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town of Los Gatos enter into an amended Agreement
for Maintenance of State Highways in the Town of Los Gatos with California Department
of Transportation, and that the Town Manager is authorized, and is hereby directed, to
execute said amended agreement (attached) in the name and on behalf of the Town of Los
Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 3rd day of May, 1993 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Joanne Benjamin
NAYES: None
ABSENT: None
ABSTAIN: None
SIGNED:
OR OF THE TO OF LOS GATOS
L S GATOS, CALIFO NIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
AGREEMENT FOR MAINTENANCE OF STATE
IN THE TOWN OF LOS GATOS
icvdy ��C _ZRK
AG R:_[ }}
HIGHWAYS ` Z-=�
This AGREEMENT, made and executed in duplicate this day f
19_ by and between the State of California, acting by and through the Department of
Transportation, hereinafter referred to as "STATE" and the Town of Los Gatos hereinafter
referred to as "TOWN ",
WITNESETH:
A. RECITALS:
The parties desire to provide for the TOWN to perform particular maintenance
functions on the State highway(s) within the TOWN as provided in Section 130 of
the Streets and Highways Code.
B. AGREEMENT:
9
This Agreement shall supersede anyprevious AGREEMENT FOR MAINTENANCE
OF STATE HIGHWAYS IN THE TOWN OF LOS GATOS and or amendments
thereto with the TOWN.
In consideration of mutual covenants and promises herein contained, it is agreed:
The TOWN 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.
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."
MGRO62 A: \M[SC\STATEHI.REV April 26, 1993
D. DEGREE IF MAINTENANCE
The degree of 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 TOWN), 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 TOWN is located, or his authorized representative.
The STATE reserves the option to check at random all areas of State highways
maintained by the TOWN to assure conformance to maintenance levels. Failure of
the TOWN 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 TOWN'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 TOWN forces.
The level of service of maintenance in each of the programs delegated to the TOWN
has been considered in setting authorized total and route dollar amounts. The
TOWN may perform additional work if desired but the STATE will not reimburse
the TOWN for any work in excess of authorized dollars. The District Director may
authorize adjustments needed because of inflation or changes in program emphasis.
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 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 TOWN under or in connection with any work,
authority or jurisdiction delegated to the TOWN under this Agreement. It is
understood and agreed that pursuant to Government Code Section 895.4 TOWN
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 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 TOWN under or in
connection with any work, authority or jurisdiction delegated to the TOWN under
this Agreement.
It is understood and agreed that neither the TOWN 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,
MGRO62 A: \MlsC \STATEHLREV April 26, 1993
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 TOWN, 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 personal 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.
F. MAINTENANCE FUNCTIONS:
The TOWN 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 TOWN are
included in this section. The functions are identified by the Caltrans HM Families
(Program) Codes.
HM2C SLOPES /DRAINAGE /VEGETATION
This provides for cleaning, maintaining, and repairing 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. Non - landscaped weed control
3. Non - landscaped tree /brush /vegetation
The TOWN shall follow the same policy and procedure generally practiced regarding
TOWN sidewalks by requiring repairs and control of vegetation to be made by or at
the expense of abutting owners, who are under legal obligation to perform such work.
HM2D LITTER /DEBRIS
This provides for removal of litter and debris from roadway surfaces and roadsides.
The following problems are included:
1. Sweeping
2. Litter pickup
HM2E LANDSCAPING
This provides for watering, fertilizing, removal of shrubs, and control of weeds in
planted areas. Includes trimming, removal, and spraying of trees, replacement of
Plants, shrubs, and trees, and pest control in planted areas. The following problems
are included:
1. Weed control
2. Pruning /thinning /removing /replacing
3. Irrigation
MGRO62 A: \MISC\STATEHI.REV April 26, 1993
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.
The STATE will not pay for the maintenance, installation, repair, servicing, power
for ordinary street lighting; however, lighting at intersections, which qualify as safety
lighting under warrants approved /accepted by the STATE, will be paid for when
approved and specifically authorized by the District Director. Where such lighting
has been specifically authorized, the maintenance and operating costs thereof shall
be shared between the STATE and the TOWN on a pro -rata basis in the same ratio
as the number of legs in the intersection under each jurisdiction bears to the total
number of legs.
The cost of maintaining traffic signals or other electrically operated traffic control
devices now in place or those which may hereafter be installed at the intersection of
any STATE highway route and any TOWN street /road shall be shared between the
STATE and the TOWN on a pro -rata basis in the same ratio as the number of legs
in the intersection under each jurisdiction bears to the total number of legs. The
same principle of cost distribution shall apply to freeway interchanges. The
participation ratio shall be based on the ratio of the number of legs of the respective
agencies to the total number of legs of the intersection.
G. EXPENDITURE AUTHORIZATION:
The STATE will reimburse the TOWN for actual cost of all routine maintenance
work performed by the TOWN 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" (Section H) will be provided annually
by the STATE for the ensuring 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 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.
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.
MGRO62 A: \MISC \STATEHI.REV April 26, 1993 4
H. DELEGATION OF MAINTENANCE:
The specific maintenance function indicated below (and on "EXHIBIT A ") is hereby
delegated to the TOWN. 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.
Footnotes 1, 2.
Total Authorized Route 9 $4,200.00
17 3.22 Freeway from south
Town limits 1,550' None $ 0,00
south of the Santa
Cruz Avenue Under-
crossing to north
Town limits 1,080'
north of the Lark
Avenue Overcrossing,
a length of 3.22
miles
TOTAL AUTHORIZED AMOUNT $ 4,200,00
Footnotes: 1. Length of street to be cleaned - 2.48 miles.
2. Maintenance of landscaping and other ornamental plantings in
the median and sidewalk areas will be performed by the TOWN
at no expense to the STATE.
MGRO62 A: \MISC\STATEHI.REV April 26, 1993
MAXIMUM
ROUTE LENGTH DESCRIPTION OF
PROGRAM
ANNUAL
AUTHORIZED
NO. MILES ROUTING
DELEGATED
EXPENDITURE
9 0.62 Saratoga Avenue from
HM2C
$ 0.00
west Town limits near
HM21)
4,000.00
Montgomery Street to
HM2E
0,00
junction Nimitz Free-
HM4K
200.00
way, State 0.62 mile
Footnotes 1, 2.
Total Authorized Route 9 $4,200.00
17 3.22 Freeway from south
Town limits 1,550' None $ 0,00
south of the Santa
Cruz Avenue Under-
crossing to north
Town limits 1,080'
north of the Lark
Avenue Overcrossing,
a length of 3.22
miles
TOTAL AUTHORIZED AMOUNT $ 4,200,00
Footnotes: 1. Length of street to be cleaned - 2.48 miles.
2. Maintenance of landscaping and other ornamental plantings in
the median and sidewalk areas will be performed by the TOWN
at no expense to the STATE.
MGRO62 A: \MISC\STATEHI.REV April 26, 1993
I. SUBMISSION OF BILLS:
The TOWN will submit bills in a consistent periodic sequence (monthly quarterly,
semi - annually, 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
Program 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 TOWN will be allowed to recover overhead and
administrative costs only to the extent that such charges include applicable expenses
incurred by the TOWN 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 TOWN.
Emergency and storm repairs performed by the TOWN will be paid for only with
prior approval of the STATE'S Highway Maintenance Superintendent of that specific
area. In addition, the TOWN 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 TOWN 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.
TERM OF AGREEMENT:
This Agreement shall become effective July 1. 1993 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 thereto. This Agreement may also be terminated by either party upon
thirty (30) days written notice to the other party.
MGRO62 AAMISCMATEHLREV April 26, 1993
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
TOWN OF LOS GATOS
Approved as to Form and Procedure: By
James P. Jackson
Interim Town Attorney
MGRO62 A: \MISC\STATEHLREV April 26, 1993 7
David W. Knapp, Town Manager
Marian V. Cosgrove, Town Clerk
Date
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
JAMES W. VAN LOBEN SELS
Director of Transportation
Un
ROBERT J. JACOBS
Deputy District Director
Date
Oct -12 -99 11:34A caltrans -Dist 4�Maint Eng 510 286 6341
P.O1
State of California
AC* DEPARTMENT OF TRANSPORTATION
District d
Caltrans
FAX TRANSMITTAL
To; TO�•r/DGL41 /,ti/TDS Date: /Z 4G 7
Attn.: �T.�LE%�3DYEiiC Fax
From: 522W-411Y -1416 Phone:
Office of Maintenance Services
Subject:
rA'd- riW,A6E Td OGT. S"_ A:f e
Notes:
s_ a'-- A
Number of Pages (Including Cover Sheet): `�-
Oct -12 -99 11:35A Caltrans -Dist 4�Maint Eng 510 286 6341 P_02
STATE OF CALIFORNIA— BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Go..
DEPARTMENT OF TRANSPORTATION
BOX 23660
OAKLAND, CA 01623 10660
{510) 286446
TDD (510) 2866"54
May 25, 1993
Mr. Dave W. Knapp
Town Manager
Town of Los Gatos
P. O. Box 949
Los Gatos, CA 95031
404.17
Dear Mr. Knapp:
The executed Town version of the Agreement for Maintenance
of State Highway in the Town of Los Gatos is being returned to
your office. The reasons for its return are the requirements
that as the lead Agency, the Agreement will be in state original
form, and will be processed in accordance to State procedure.
Attached are three new copies for Town signature. Kindly
return two signed copies. Upon complete execution, a copy will
be returned to you.
If you have any questions, please call Mr. Dave Lee at
(520) 286 -4458.
Sincerely,
PRESTON W. KELLEY
District Director
By (5;, v,i Cz -
G. M. CHIN
Senior Engineer
Maintenance Services Branch
Attachment
DL /jz
cc: GJB, OL
Oct -12 -99 11:35A Caltrans -Dist 4�Maint Eng 510 286 6341 P.03
STATE Of CAUPORNIA— BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Go..,
DEPARTMENT OF TRANSPORTATION
SOX 23660 .
OAKLAND, CA 94623 4660
(310) 2864444
TDD (310) 2864434
March 8, 1993
Mr. Dave W. Knapp
Town Manager
Town of Los Gatos
P. O. Box 949
Los Gatos, CA 95031
404.17
Dear Mr. Knapp:
We are returning the Town executed Agreement for Maintenance
of State Highways in the Town of Los Gatos. The reasons for the
return are:
1. Under HM4K- Electrical, second paragraph, "The State will not
pay ...." - "not" was excluded.
2. Under I - Submission of bills, the last sentence "Bills
submitted for periods ..... not be honored" was omitted.
3. Under J. Term of Agreement, since another fiscal year is
about to begin, the effective date will be July 1, 1993.
The deletions by the Town on HM20 Litter /Debris items 1, 4,
and 5 are approved.
The Agreement is provided by our Headquarters and is used
throughout the State with all local agencies. The Districts
negotiate the functions. The terms and conditions are not
negotiable.
Attached are three new copies of the Agreement with the
above items corrected. If they are acceptable, please have them
executed by your Town Council. Kindly return two copies signed
with seals affixed and two copies of the Town Council Resolution
Oct -12 -99 11:35A Caltrans -Dist 4�Maint Eng 510 286 6341 P.04
Mr. Dave W. Knapp
March 8, 1993
Page two
authorizing its execution. Our Headquarters requires a duplicate
original.
If you have any questions, please call Mr. Dave Lee at
(510) 286 -4458.
Sincerely,
PRESTON W. KELLEY
District Director
By <�; 4 i? r-.1. - -
G. M. CHIN
Senior Engineer
Maintenance Services Branch
Attachments
DL/p1
cc: GJB, EC, DL