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Home My WebLink AboutRESO 9897 Resolution No. 9897 Resolution of the Council of the City of Palo Alto Approving Amendment No. 2 to the Agreement Between the City of Palo Alto and the State of California for Maintenance of State Highways in the City of Palo Alto to Add Maintenance Provisions for City-Installed Improvements at Intersections Along State Highway Route 82 Under Encroachment Permits Issued by the State RECITALS A. An Agreement for Maintenance of State Highways in the City of Palo Alto, as provided for in Section 130 of the Streets and Highways Code, was executed by and between the City of Palo Alto and the State of California and made effective on July 1, 2007 (“Agreement”). B. Amendment No. 1 to the Agreement was executed and made effective on January 5, 2011, to address maintenance of improvements installed at the intersection of Stanford Avenue and State Highway Route 82. C. The City Council is familiar with the Agreement, as amended, and with the rights and duties of the State of California Department of Transportation and the City of Palo Alto under that Agreement. D. The parties wish to further amend the Agreement by adding Amendment No. 2 to address maintenance of improvements that the City may install in the future at intersections along State Highway Route 82 in Palo Alto pursuant to encroachment permits issued by the State. E. Amendment No. 2 would become effective as of the date of full execution by the parties and would remain in effect until amended or terminated as provided in the Agreement. NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The City Council resolves that Amendment No. 2 to the Agreement for Maintenance of the State Highways in the City of Palo Alto is hereby approved. // // // // // DocuSign Envelope ID: D4DE21B0-24B4-4A8F-9090-EC32A30FC3D1 SECTION 2. The City Manager or his designee is hereby authorized and directed to execute the same for and on behalf of the City of Palo Alto, and the City Clerk is authorized and directed to attest his signature. INTRODUCED AND PASSED: June 22, 2020 AYES: CORMACK, DUBOIS, FILSETH, FINE, KNISS, TANAKA NOES: KOU ABSENT: ABSTENTIONS: ATTEST: _____________________________ ______________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: _______________________________ _______________________________ Assistant City Attorney City Manager ________________________________ Director of Public Works DocuSign Envelope ID: D4DE21B0-24B4-4A8F-9090-EC32A30FC3D1 Amendment No. 2 to Palo Alto DMA 1 AMENDMENT NO. 2 TO AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF PALO ALTO This Amendment No. 2 to the Agreement for Maintenance of State Highways in the City of Palo Alto is made and entered into this ____ day of _____________, 2020, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE”, and the City of Palo Alto, a California chartered municipal corporation, hereinafter referred to as “CITY”. STATE and CITY are collectively referred to herein as the “PARTIES”. WITNESSETH: WHEREAS, an Agreement for Maintenance of State Highways in the CITY OF PALO ALTO, as provided for in Section 130 of the Streets and Highways Code, was executed by the PARTIES and made effective on July 1, 2007 (“AGREEMENT”); and WHEREAS, under the AGREEMENT, the CITY has maintenance responsibilities over certain improvements that the CITY installed at identified intersections under a specific encroachment permit or permits issued by the STATE; and WHEREAS, the PARTIES amended the AGREEMENT by that certain Amendment No. 1 entered into and effective January 5, 2011, assigning maintenance responsibilities to the CITY for two additional improvement items installed at the intersection of Stanford Avenue and State Highway Route 82 under a subsequent encroachment permit issued by the STATE; and WHEREAS, the PARTIES now desire to further amend the AGREEMENT to assign maintenance responsibilities to CITY for certain non‐State standard improvements installed by the CITY at intersections along State Highways in Palo Alto pursuant to past and future encroachment permits issued by the STATE. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of the AGREEMENT, the PARTIES agree as follows: 1. Footnote number 9 on Page 7 of 12 of Exhibit “A”, entitled “Delegation of Maintenance”, to the AGREEMENT, as amended by Amendment No. 1, is hereby amended to read as set forth in footnote number 9 on the attached Page 7 of 12 of Exhibit “A”, entitled “Delegation of Maintenance”. The attached Page 7 of 12 of said Exhibit “A” is hereby incorporated herein in full by this reference. 2. Except as herein modified, all other provisions of the AGREEMENT, as amended by Amendment No. 1, including all exhibits, shall remain in full force and effect. DocuSign Envelope ID: D4DE21B0-24B4-4A8F-9090-EC32A30FC3D1 Amendment No. 2 to Palo Alto DMA 2 3. This Amendment No. 2 shall become effective on the date first written above and shall remain in full force and effect until amended or terminated as provided in Article XIII of the AGREEMENT. 4. The PARTIES are empowered by Streets and Highways Code Sections 114 and 130 to enter into this Amendment No. 2 and have delegated to the undersigned the authority to execute this Amendment No. 2 on behalf of the respective agencies and each covenants to have followed all the necessary legal requirements to validly execute this Amendment No. 2. IN WITNESS WHEREOF, the PARTIES hereto have by their duly authorized representatives executed this Amendment on the day and year first above written. CITY OF PALO ALTO STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: __________________________ City Manager TOKS OMISHAKIN Director of Transportation Attest: By: __________________________ City Clerk By: ___________________________ David Ambuehl Deputy District Director Maintenance District Approved as to Form: By: __________________________ Assistant City Attorney DocuSign Envelope ID: D4DE21B0-24B4-4A8F-9090-EC32A30FC3D1 DMA PA Effective July 1, 2007 Amendment No. 1, September 2010 Amendment No. 2, June 2020 Page 7 of 12 EXHIBIT “A” Footnotes (continued): 6. CITY will regulate temporary street closures on El Camino Real (State Route 82) in accordance with Palo Alto Ordinance No. 2593 as approved by the Department of Public Works on July 21, 1971. 7. STATE shall maintain drainage structures and waterways, including storm drainage grates. 8. Hardscaping, installed by CITY under encroachment permit, in the median will be maintained by CITY, at CITY expense, Unplanted and paved medians will be maintained by STATE, at STATE expense. 9.* CITY will maintain all non‐STATE standard items installed by the CITY, under various past Encroachment Permit (including No. 0410‐NMC‐1040 at Stanford Avenue and State Route 82); as well as any work done under any future Encroachment Permit issued by the STATE, at intersections along State Route 82 in the City of Palo Alto. Maintenance shall include, but not be limited to landscaped areas or other ornamental plantings; sidewalks, curbs and gutters; non‐STATE standard materials; non‐STATE standard equipment (including devices to assist Pedestrian Safety) or pavement markings (including bicycle markings) or pavement treatments, in and near crosswalks. STATE will continue to operate and maintain the signal and safety lighting at all intersections along State Route 82 in the City of Palo Alto. (Exception: Installation of Regional Water Quality Control Board mandated items installed by the CITY under an Encroachment Permit, will require the City to obtain a new Maintenance Agreement covering this work prior to installation). *Amended by Amendment No. 2 DocuSign Envelope ID: D4DE21B0-24B4-4A8F-9090-EC32A30FC3D1 Certificate Of Completion Envelope Id: D4DE21B024B44A8F9090EC32A30FC3D1 Status: Completed Subject: Please DocuSign: RESO 9897.docx, RESO 9897 Attachment A.pdf Source Envelope: Document Pages: 5 Signatures: 5 Envelope Originator: Certificate Pages: 2 Initials: 0 Kim Lunt AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 kimberly.lunt@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 6/23/2020 3:18:23 PM Holder: Kim Lunt kimberly.lunt@cityofpaloalto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Cassie Coleman Cassie.Coleman@cityofpaloalto.org Assistant City Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 6/23/2020 3:22:54 PM Resent: 6/24/2020 7:39:29 AM Viewed: 6/23/2020 5:16:47 PM Signed: 6/24/2020 11:13:42 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Brad Eggleston brad.eggleston@cityofpaloalto.org Director of Public Works City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 73.92.204.84 Sent: 6/24/2020 11:13:44 AM Viewed: 6/24/2020 11:52:28 AM Signed: 6/24/2020 11:52:37 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada ed.shikada@cityofpaloalto.org Ed Shikada, City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 6/24/2020 11:52:40 AM Resent: 6/25/2020 7:41:10 AM Viewed: 6/25/2020 6:31:19 PM Signed: 6/25/2020 6:31:27 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Adrian Fine adrian.fine@cityofpaloalto.org Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 108.228.10.70 Signed using mobile Sent: 6/25/2020 6:31:29 PM Viewed: 6/25/2020 6:51:08 PM Signed: 6/25/2020 6:51:29 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Beth Minor Beth.Minor@CityofPaloAlto.org City Clerk City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 174.85.96.67 Signed using mobile Sent: 6/25/2020 6:51:32 PM Resent: 6/26/2020 8:05:53 AM Viewed: 6/25/2020 7:07:06 PM Signed: 6/26/2020 8:46:21 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/26/2020 8:05:53 AM Certified Delivered Security Checked 6/25/2020 7:07:07 PM Signing Complete Security Checked 6/26/2020 8:46:21 AM Completed Security Checked 6/26/2020 8:46:21 AM Payment Events Status Timestamps