05-090, California Department of Transportation05 -0 D
City Hall
10300 Tone Avenue
Cupertino, CA 95014 -3255
(408) 777 -3354
CITY OF FAX: (408) 777 -3333
CUPEI�TINO
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM I l AGENDA DATE September 6, 2005
SUBJECT AND ISSUE
Adoption by the City Council of Resolution No. 05- i S3 , authorizing the City Manager to
negotiate and execute all necessary Cooperative Agreements with the California Department of
Transportation required for design oversight, construction, and maintenance in connection with
the Mary Avenue Bicycle Footbridge Project.
BACKGROUND
The Mary Avenue Bicycle Footbridge Project consists of the design and construction of a bicycle
footbridge on Mary Avenue over Interstate Route 280 in the City of Cupertino. Because the
bridge will cross state right of way at Interstate Route 280, State law requires that the California
Department of Transportation (Caltrans) conduct oversight of the project in cooperation with the
City. In order to formally define both the City's and Caltrans' roles regarding oversight
activities, standard cooperative agreements for the project design and construction phases, as
well as for subsequent maintenance of the project, must be executed.
Caltrans' oversight of the project design phase has been ongoing since Council approval of the
project. Phase I of the project, which does not include work in State right of way, is now
proceeding to construction. However, the cooperative agreements should be executed prior to
the start of Phase II of the project, which includes the construction of the bridge structure over
Interstate Route 280.
FISCAL IMPACT
There is no additional fiscal impact to the City for design and construction of the project. Staff
will make recommendations to Council on the future maintenance costs of the bridge.
Printed on Recycled Paper
STAFF RECOMMENDATION
Adopt Resolution No. 05- 15-3 , authorizing the City Manager to negotiate and execute all
necessary Cooperative Agreements with the California Department of Transportation required
for design oversight, construction, and maintenance in connection with the Mary Avenue Bicycle
Footbridge Project.
Submitted by: Approved for submission:
*Awa4 U Cwt uC,l aA!�=
Ralph A. Qualls, Jr. David W. Knapp
Director of Public Works City Manager
t Lf -Z
04 -SCI- 280 -KP 16.5 (PM 10.3)
Mary Avenue Pedestrian Overcrossing
04- 230 - IA5100
District Agreement No. 4 -2096
COOPERA VE AGREEMENT
THIS AGREEMENT, ENTERED INTO EFFECTIVE ON 2007,
is between the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as "STATE," and the
CITY OF CUPERTINO, a body politic and a
municipal corporation of the State of California,
referred to herein. as "CITY."
RECITALS
1. STATE and CITY, pursuant to Streets and Highways Code sections 114 and 130, are
authorized to enter into a Cooperative Agreement for improvements to State Highways
within C17Y's jurisdiction.
2. CITY and STATE desire to construct a Pedestrian Overcrossing (Bicycle Bridge) on Route
280 at 0.46 km east of Route 85 and 280 Separation in the City of Cupertino, referred to
herein as "PROJECT."
3. CITY is willing to fund all construction capital outlay and support costs, and STATE is
willing to provide Independent Quality Assurance (IQA) and source inspection and testing.
The PROJECT cost estimate is shown on Exhibit A, attached to and made a part of this
Agreement.
4. The Parties agree that CITY will prepare the contract documents and advertise, award, and
administer the construction contract for PROJECT.
5. Project development responsibilities for PROJECT were covered in a prior Cooperative
Agreement executed by STATE and CITY on December 23, 2005 (District Agreement No. 4-
2007) .
6. The Parties now define hereinbelow the terms and conditions under which PROJECT is to
be owned, constructed, financed, operated, and maintained.
SECTION I
CITY AGREES:
I. To pay one hundred percent (100 %) of the actual construction capital and support costs
except for IQA, source inspection and testing which will be paid for by STATE when
required for satisfactory completion of PROJECT.
District Agreement No. 4 -2096
2. To submit a written request for any "State - furnished material" identified in the PROJECT
plans, specifications, and estimates (PS&E) a minimum of forty -five (45) days in advance of
the need for such materials. To then pay STATE, within fifteen (15) days of receipt of
STATE's billing, the actual cost invoiced for the requested "State- furnished material." CITY
may take delivery of the "State- furnished material" after STATE's receipt of CITY's payment
at the location directed by STATE.
3. To advertise, award, and administer the construction contract for PROJECT in accordance
with requirements of the Local Agency Public Construction Act and the California Labor
Code, including its prevailing wage provisions. Workers employed in the performance of
work contracted for by CITY, and /or performed under encroachment permit, are covered
by provisions of the Labor Code in the same manner as are workers employed by STATE's
contractors.
4. Construction by CITY of those portions of PROJECT which lie within the State Highway
right of way, shall not commence until CITY's PS&E involving such work, the utility
relocation plans, and the right of way certification have been reviewed and accepted by.
STATE and encroachment permits have been issued to CITY and CITY "s contractor.
5. Crl Y's construction contractor shall maintain in force, until completion and acceptance of
the PROJECT construction contract, a policy of Contractual Liability Insurance, including
coverage of Bodily Injury Liability and Property Damage Liability, that complies with all
coverage requirements set forth in Section 7 -1.12 of STATE's Standard Specifications.
Such policy shall contain an additional insured endorsement naming STATE and its
officers, agents, and employees as additional insureds. This insurance coverage shall be
evidenced by a Certificate of Insurance in a form satisfactory to STATE which shall be
delivered to STATE before the issuance of an encroachment permit to CITY's construction
contractor.
6. To require the construction contractor to furnish both a payment and a performance bond
naming CITY as obligee with both bonds complying with the requirements set forth in
Section 3 -1.02 of STATE's Standard Specifications prior to performing any PROJECT
construction work. C17Y shall defend, indemnify, and hold harmless STATE and its
officers, agents, and employees from all claims by stop notice claimants related to the
construction of PROJECT.
7. To have PROJECT constructed by contract to the satisfaction of and subject to STATE's
acceptance in accordance with the STATE accepted PROJECT PS&E (contract plans).
8. Contract administration procedures shall conform to STATE's Construction Manual, Local
Assistance Procedures Manual (if Federal funds are used), and the PROJECT
encroachment permits.
9. Construction within the existing or ultimate State Highway right of way shall comply with
STATE's Standard Specifications, the PROJECT PS&E, and STATE's Construction Manual.
10. If any eNisting public and /or private utility facilities conflict with the construction of
PROJECT or violate STATE's encroachment policy, CITY shall make all necessary
arrangements with the owners of such facilities for their protection, relocation, or removal
in accordance with STATE's policy and procedure for those facilities located within the
limits of the State Highway and in accordance with CITY's policy for those facilities located
outside the State Highway. The cost of protection, relocation, or removal inside STATE's
right of way shall be apportioned between the utility owners and CITY in accordance with
STATE's policy and procedure. CITY shall require any utility owner performing relocation
work in the State Highway right of way to obtain an encroachment permit from STATE
2
District Agreement No. 4 -2096
prior to the performance of said relocation work. The requirements of the most current
version of STATE's "Policy on High and Low Risk Underground Facilities within Highway
Rights of Way" shall be fully complied with. Any relocated or new facilities shall be
correctly shown and identified with any unmodified facilities on the "As- Built" plans.
11. All survey work shall conform to the methods, procedures, and requirements of STATE's
Surveys Manual and STATE's Staking Information Booklet.
12. PROJECT material testing and quality control shall conform to STATE's Construction
Manual and STATE's California Test Methods, and shall be performed, at CITY's expense,
by a material - tester certified by STATE.
13. To furnish, at CITY "s expense and subject to the approval of STATE, a field site
representative who is a licensed civil engineer in the State of California, to perform the
functions of a Resident Engineer. The Resident Engineer shall not be an employee or
subcontractor of the company, if any, that prepared the PROJECT PS&E or of the
construction contractor.
14. At CITY's expense, to furnish sufficient qualified support staff, subject to the approval of
STATE, to assist the Resident Engineer in, but not limited to, construction surveys, soils
and foundation tests, measurement and computation of quantities, testing of construction
materials, checking shop drawings, preparation of estimates and reports, preparation of
"As- Built" drawings, and other inspection and staff services necessary to assure that the
construction is being performed in accordance with PROJECT PS&E. Said qualified
support staff shall be independent of the design engineering company and construction
contractor, except that the PROJECT designer may check the shop drawings, do soils
foundation tests, test construction materials, .and do construction surveys.
15. Within one hundred eighty (180) days following the completion and acceptance of the
PROJECT construction contract, to furnish STATE with a complete set of "As- Built" plans
in accordance with STATE's then current CARD Users Manual., Plans Preparation Manual,
and STATE practice. The submittal must also include all contract records, including
survey documents and Records of Surveys (to include monument perpetuation per the
Land Surveyor Act, section 8771). CITY shall also submit corrected full -sized hardeopy
structure plans.
16. To retain or cause to be retained for audit by STATE or other government auditors for a
period of four (4) years from the date of final payment under the contract, or for local
Federal -aid projects for a period of three (3) years from payment of the final voucher,
whichever is longer, all records and accounts relating to PROJECT construction. CITY
shall retain records and accounts longer if required in writing by STATE.
17. To not open PROJECT to public access and use until a Maintenance Agreement has been
executed.
18. If CITY cannot complete PROJECT as originally scoped, . scheduled, and estimated, CITY
will, only with STATE's prior written consent, amend the PROJECT PS&E for suitable
resolution to ensure a form of modified PROJECT that will at all times provide a safe and
operable State Highway System.
19. If CITY terminates PROJECT prior to completion of the construction, STATE shall require
CITY, at CITY's expense, to return the State Highway right of way to its original condition
or to a safe and operable condition satisfactory to STATE. If CITY fails to do so, STATE
reserves the right to finish PROJECT or place PROJECT in a safe and operable condition.
3
District Agreement No. 4 -2096
STATE will bill CITY for all actual expenses incurred and CITY agrees to pay said bill
within thirty (30) days.
20. If cultural, archaeological, paleontological, or other protected materials are encountered
during PROJECT construction., CITY shall stop work in that area until a qualified
professional can evaluate the nature and significance of the find and a plan is approved for
the removal or protection of that material. The costs for any removal or protection of that
material shall be covered as a PROJECT cost contemplated by this Agreement.
21. All PROJECT support services are to be performed by CITY, except as noted in Article 13 of
this Section I. Should CITY request that STATE perform any portion of those support
services, CITY shall first agree to reimburse STATE for such work pursuant to an
amendment to this Agreement or a separate executed agreement.
22. To provide a Construction Zone Enhancement Enforcement Program (COZEEP) by
contracting directly with the California Highway Patrol (CHP) for all traffic restrictions as
outlined in the STATE's Construction Manual.
SFr. rrON T1
STATE AGREES:
1. At no cost to CITY, to provide IQA including PROJECT specialty testing for asphalt and
concrete plant certifications to assure that CITTs PROJECT work is performed in full
compliance with the approved PROJECT PS&E and in accordance with STATE's then
effective policies, procedures, standards, and practices. This IQA function includes both
the obligation and the authority to reject noncompliant PROJECT work and materials
accepted by CITY, to order any actions needed for public safety or the preservation of
property, and to assure compliance with all provisions of the encroachment permft(s)
issued to CITY and CITY's contractor.
2. STATE shall perform source inspection and testing as outlined in the Construction
Manual, at no cost to CITY.
3. Upon proper application by CITY and by CITY's contractor, to issue, at no cost to CITY and
CITY's contractor, the necessary encroachment permits for required work within the State
Highway right of way, as more specifically defined elsewhere in this Agreement.
4. To provide, at CITY "s cost, any "State- furnished material" as shown on the PROJECT PS&E
or as determined during construction of PROJECT. Upon receipt of CITY's request for any
such "State- furnished materials," STATE will order those materials and STATE's Project
Manager will have a bill submitted to CITY for the costs of those materials. Upon receipt of
those materials and CITY "s payment, STATE will make those "State- furnished materials"
available to CITY at a STATE designated site.
SECTION III
IT IS MUTUALLY AGREED:
1. STATE's contractual obligations are subject to State Budget Act authority, the
appropriation of resources by the Legislature, and the allocation of funds by the California
Transportation Commission.
rd
District Agreement No. 4 -2096
2. During PROJECT construction, representatives of CITY and STATE will cooperate and
consult with each other to assure that all PROJECT work is accomplished according to the
PROJECT PS&E and STATE's applicable policies, procedures, standards, and practices.
Satisfaction of these requirements shall be verified by STATE's independent quality
assurance representatives who are authorized to enter CITY's property during construction
for the purpose of monitoring and coordinating construction activities.
3. That STATE's IQA is defined as providing STATE policy and procedural guidance through
to completion of the PROJECT administered by CITY. This guidance includes prompt
reviews by STATE to assure that all work and products delivered or incorporated into the
PROJECT by CITY conform to existing STATE standards. IQA does not include any
PROJECT related work deemed necessary to actually develop and deliver the PROJECT,
nor does it involve any validation to verify and recheck any work performed by CITY
and /or its consultants or contractors and no liability will be assignable to STATE, its
officers and employees by CITY under the terms of this Agreement or by third parties by
reason of STATE's IQA activities. With the exception of the source inspection work, all
work performed by STATE that is not direct IQA shall be chargeable against PROJECT
funds as a service for which STATE will invoice its actual costs and CITY will pay or
authorize STATE to reimburse itself from then available PROJECT funds.
4. PROJECT PS&E changes shall be implemented by contract change orders that have been
reviewed and concurred with by STATE's representative. All changes affecting public
safety or public convenience, all design and specification changes, and all major changes
as defined in STATE's Construction Manual shall be approved by STATE in advance of
performing the work. Unless otherwise directed by STATE's representative, change orders
authorized as provided herein will not require an encroachment permit rider. All changes
shall be shown on the "As- Built" plans.
5. CITY shall provide a construction contract claims process acceptable to STATE and shall
process any and all claims through CITY's claims process. STATE's representative will be
made available to CITY to provide advice and technical input in any claims process.
6. In the event that STATE proposes and /or requires a change in design standards,
implementation of new or revised design standards shall be done in accordance with
STATE's Highway Design Manual Section 82.5, "Effective Date for Implementing Revisions
to Design Standards." STATE shall consult with CITY in a timely manner regarding effect
of proposed and /or required change on PROJECT.
7. Any hazardous material or contamination of an HM -1 category found within the existing
State Highway right of way requiring remedy or remedial action (as defined in Division 20,
Chapter 6.8 et seq. of the Health and Safety Code) shall be the responsibility of STATE.
Any hazardous material or contamination of an HM -1 category found within the local road
right of way requiring the same defined remedy or remedial action shall be the
responsibility of CITY. For the purpose of this Agreement, hazardous material of HM -1
category is defined as that level or type of contamination which State or Federal regulatory
control agencies having jurisdiction have determined must be remediated by reason of its
mere discovery regardless of whether it is disturbed by PROJECT or not. STATE shall sign
the HM- I manifest and pay all costs for remedy or remedial action within the existing
State Highway right of way, except that if STATE determines, in its sole judgment, that
STATE's cost for remedy or remedial action is increased as a result of proceeding with
construction of PROJECT, that additional cost identified by STATE shall be borne by CITY.
As between CITY and STATE, CITY shall sign the HM -1 manifest and pay all costs for
required remedy or remedial action within a local road or other property. While STATE will
exert every reasonable effort to fund the remedy or remedial action for which STATE is
responsible, in the event STATE is unable to provide funding, CITY will have the option to
Q
District Agreement No. 4 -2096
either delay further construction of PROJECT until STATE is able to provide funding or
CITY may proceed with the remedy or remedial action as a PROJECT expense without any
subsequent reimbursement by STATE.
S. Any remedy or remedial action with respect to any hazardous material or contamination of
an HM -2 category found both within and outside the existing State Highway right of way
shall be the responsibility of CITY, at CITY's expense, as a consequence of proceeding with
PROJECT construction. For the purpose of this Agreement any hazardous material or
contamination of HM -2 category is defined as that level or type of contamination which
said regulatory control agencies would have allowed to remain in place if undisturbed or
otherwise protected in place had PROJECT not proceeded. CITY shall sign any HM -2
manifest if construction of PROJECT proceeds and HM -2 material is removed in lieu of
being treated in place.
9. If hazardous material or contamination of either HM -1 or HM -2 category is found during
construction on new right of way acquired by or on account of CITY for PROJECT, CITY
shall be responsible, at CITY's expense, for all required remedy or remedial action and /or
protection in the absence of a generator or prior property owner willing and prepared to
perform that corrective work.
10. The party responsible for funding any hazardous material cleanup shall be responsible for
the development of the necessary remedy and /or remedial action plans and designs.
Remedial actions proposed by CITY on the State Highway right of way shall be pre -
approved by STATE and shall be performed in accordance with STATE's standards and
practices and those standards and practices mandated by those Federal and State
regulatory agencies.
11. STATE, in exercising its authority under section 591 of the Vehicle Code, has included any
and all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle
Code to the PROJECT areas open to public traffic. CITY shall take all necessary
precautions for safe operation of CITY's vehicles, the construction contractor's equipment
and vehicles and /or vehicles of personnel retained by CITY, and for the protection of the
traveling public from injury and damage from such vehicles or equipment.
12. Upon satisfactory completion of all PROJECT work under this Agreement, as determined
by STATE, actual ownership and title to materials, equipment, and appurtenances
installed within the State Highway right of way will automatically be vested in STATE, and
materials, equipment, and appurtenances installed outside of the State Highway right of
way will automatically be deemed to be under the control of CITY or an appropriate third
party as determined by CITY. No further agreement will be necessary to transfer
ownership as hereinbefore stated.
13. Nothing within the provisions of this Agreement is intended to create duties or obligations
to or rights in third parties not a party to this Agreement or to affect the legal liability of
either party to the Agreement by imposing any standard of care with respect to the
development, design, construction, operation, or maintenance of State Highways and
public facilities different from the standard of care imposed by law.
14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or
liability occurring by reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction conferred upon CITY and arising under
this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and
save harmless STATE and all its officers and employees from all claims, suits or actions of
every name, kind and description brought forth under, including, but not limited to,
6
District Agreement No. 4 -2096
tortious, contractual, inverse condemnation and other theories or assertions of liability
occurring by reason of anything done, or omitted to be done by CITY under this Agreement.
15. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or
liability occurring by reason of anything done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction conferred upon STATE and arising
under this Agreement. It is understood and agreed that STATE shall fully defend,
indemnify and save harmless CITY and all its officers and employees from all claims, suits
or actions of every name, kind and description brought forth under, including, but not
limited to, tortious, contractual, inverse condemnation and other theories or assertions of
liability occurring by reason of anything done or omitted to be done by STATE under this
Agreement.
16. Prior to the commencement of any construction activity within the State Highway right of
way, either STATE or CITY may terminate this Agreement by written notice to the other
party-
17. No alteration or variation of the terms of this Agreement shall be valid unless made by a
formal amendment executed by the parties hereto and no oral understanding or agreement
not incorporated herein shall be binding on any of the parties hereto.
7
District Agreement No. 4 -2096
18. Those portions of this Agreement pertaining to the completion of PROJECT shall terminate
upon completion and acceptance of the construction contract for PROJECT by CITY, the
satisfactory completion of all post - construction obligations of CITY, and delivery of
required PROJECT construction documents, with concurrence of STATE, or on December
31, 2009, whichever is earlier in time. However, the ownership, operation, maintenance,
indemnification, and claims clauses shall remain in effect until terminated or modified, in
writing, by mutual agreement. Should any construction- related or other claims arising out
of PROJECT be asserted against one of the parties, the parties agree to extend the
termination date of this Agreement.
STATE OF CALIFORNIA
Department of Transportation
WILL KEMPTON
Director
By:.
Deputy District Director
Approved as to form and procedure:
Attorney
Department of Transportation
Certified as to available funds:
District Budget Manager
Certified as to financial terms and
policies:
ce unting Adminn for
CITY OF CUPERTINO
By:
City anager
City Clerk
Approved as to form and proceduTe:
City Attorney
0
District Agreement No. 4 -2096
EXHIBIT A
COST ESTIMATE BREAKDOWN
Phase of Work
Total Estimate
STATE
CITY
CON Support
$900,000
$0(0%)
$900,000 (100 %)
CON Capital
$5,092,000
$0(00/0)
$5,092,000 (100 %)
State - furnished
Materials (SFM]
$Actual Cost
$0(0%)
$Actual Cost (100 %)
STATE's Source
Inspection
$ 148,350
$148,350
$0 (0 %)
STATE's Quality
Assurance
$509,000
$509,000
$0(0%)
TOTAL
$6,649,350 + SFM
$657,350
$5,992,000 + SFM
'R SOLUTION NO. 05 -153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
ALL NECESSARY COOPERATAIVE AGREEMENTS WITH THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION REQUIRED
FOR DESIGN OVERSIGHT, CONSTRUCTION AND MAINTENANCE IN
CONNECTION WITH THE MARY AVENUE BICYCLE FOOTBRIDGE PROJECT
WHEREAS, Mary Avenue Bicycle Footbridge Project consists of the design and
construction of a bicycle footbridge on Mary Avenue over Interstate Route 280 in the
City of Cupertino; and
WHEREAS, the bridge will cross State right of way at Interstate Route 280 and
State, law requires that the California Department of Transportation (Caltrans) conduct
oversight of the project in cooperation with the City; and
WHEREAS, in order to formally define both the City's and Caltrans' roles
regarding oversight activities, standard cooperative agreements for the project design and
construction phases, as well as for subsequent maintenance of the project, must be
executed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby authorizes the City Manager to negotiate and execute all necessary
Cooperative Agreements with the California Department of Transportation required for
design oversight, construction, and maintenance. in connection with the Mary Avenue
Bicycle Footbridge Project.
PASSED AND ADOPTED at a regular-meeting of the City Council of the City of
Cupertino this 6h day of September, 2005, by the following vote:
Vote Members of the Cily Council THIS IS MCERTIFY THAT THE WITHIN
INSTRUMENT IS A TRUE AND CORRECT COPY
AYES: KMk, Lowenthal, Sandoval, Wang, Tames OF THE ORIGINAL ON FILE IN THIS.
NOES: None ATTEST CITY GL K In 2p�
ABSENT: None OF � 0 .F CUP RTINO
ABSTAIN: None B Y AAA
CITY CLERK
ATTEST: App VED:
City Clerk Mayor, City of Cupertino
04-SCL-280-KP 16.5 (PM 10.3)
Mary Avenue Pedestrian Overcrossing
04-230-IA5100
District Agreement No. 4-2096-Al
AMENDMENT NO. I TO COOPERATIVE AGREEMENT
HIS'.. AMEND ENT NO. I TO AGREEMENT, ENTERED INTO EFFECTIVE ON
,I = '1'5
. ..... ___ . .... . ... . .. . ..... 20'08, is between the STATE OF CALIFORNIA, acting by
and through its Department ofTransportation, referred to herein as -STATE," and the
CITY OF CUPERTINO, a body politic and a
municipal corporation of the State of
California. referred to herein as "CYIY."
RECITALS
1. The parties hereto entered into an Agreement (District Agreement No. 4-2096) on June
13, 2007, defining the terms and conditions of a project, referred to herein as
"PROJECT," to construct a Pedestrian Overcrossing (Bicycle Bridge) can Route 280 at
0.46 km cast of the Route 85 and 280 Separation in the City of Cupertino.
2. The purpose of this Amendment No. I is to:
a) Amend the Agreement to put a cap on STATE's cost for source inspection and
testing at $148,350. Appropriate Articles of Recitals, Section 1, Section 11 and
Section III as well as Exhibit A shall be revised accordingly.
b) Amend the Agreement to acknowledge that CITY will acquire a permanent
footing easement from the Santa Clara Valley Water District prior to PROJECT
close-out and right of way transfer to STATE.
c) Extend the termination date from December 31, 2009 to December 31, 2010. to
allow sufficient time for final accounting and project records transfer.
IT IS THEREFORE MUTUALLY AGREED:
I. Article 3 of Recitals of the original Agreement is hereby revised to read as follows:
3. C17Y is willing tojund. aU construction capital outlay and support costs, and
STATE is willing to provide Independent Quality. Assurance (IQA) and a portion
of source inspection and testing. The Current cost estimate for such source
inspection and testing is $219,650, out of which STATE's share is $148,350 and
CITY is responsible for the balance (?f $71,300. The PROJECT cost estimate is
shown on Exhibit A (revised on 11 /21/07), attached to and made a part of this
Agreement.
District Agreement 4-2096-Al
2. Article I of Section 1, City Agrees, is hereby revised to read as follows-
1. To pay one hundred percent (10096) of the actual construction capital and
support costs except for kQA, for which STATE is solely responsible.. Source
inspection and testing will be paid for in part by STATE when required jbr
satisfactory completion of PROJECT. CITY shall pay STATE a lump sum. amount
of $71,300 upon execution of this Amendment to cover the estimated cost of
source inspection and testing above and beyond STATE's share elf $148,350,
3. A new Article 23 as follows is hereby added to Section 1, City Agrees:
23. To pay STATE upon completion of all work on PROJECT and within twenty-
fwe (25) days oj'receipt of a detailed statement made upon final accounting of
costs therefore, any amount, over and above the aforesaid deposits for State-
furnished materials and source inspection, required to complete Cnysfinanrial
obligations assumed pursuant to this Agreement.
4. Article 2 of Section 11, State Agrees, is hereby revised to read as follows-
2. STATE shall perjbrrn source inspection and testing as outlined in the
Construction Manual. STATE's share oj'such source inspection and testing shall
be limited to $148,350.
5. A new Article 5 as follows is hereby added to Section II, State Agrees:
5. Upon completion oj'PROJECT and all work incidental thereto, to furnish C17Y
with a detailed staternent of the State furnished materials and source inspection
costs to be borne by = To thereafter refund to CITY promptly after
completion of STATE's final accounting of said PROJECT costs, any amount of
C17Ys deposits remaintV after actual State-fw7nished materials and source
inspection costs to be borne by CITY have been deducted or to bill CITY for any
additional amount required to complete CTMs financial obligations assumed
pursuant to this Agreement.
6. Article 3 of Section III, It Is Mutually Agreed, is hereby revised as follows:
3. That STATE's IQA is defined as providing STATE policy and procedural
guidance through to completion oj'the PROJECT administered by CITY. This
guidance includes prompt reviews by STATE to assure that all work and
products delivered or incorporated into the PROJECT by CffY conform to existing
STATE standards. TgA does not include any PROJECT related work deemed
necessary to actually develop and deliver the PROJECT, nor does it involve any
validation to verify and recheck any work performed by C17Y and/or its
consultants or contractors and no liability will be assignable to STATE, its
officers and employees by C17 under the terms of this Agreement or by third
parties by reason of STATE's l activities. With the exception of the STATE's
share o. the cost of source inspection and testing work, all work performed by
STATE that is riot direct TQA shall be chargeable against PROJECT funds as a
service for which STATE will invoice its actual costs and CITY will pay or
authorize STATE to reimburse itsefffrom then available FROJECTfunds.
2
District Agreement 4-2096-Al
7. A new Article 24 as follows is hereby added to Section 1, City Agrees:
24. To acquire from the Santa Clara Valley Water District a pennarieritfooUng
easement over STATE parcel number 61383 which C17Y will then transfer to
STATE at project chase -out pursuant to the ternLs of this Agreement as well as
District Agreement No. 4,2007.
8. 'I'lie termination date specified in Article 1.8 of Section III of' the original Agreement
shall now be December 31, 2010, instead of December 31, 2009.
9. Exhibit A of the original Agreement is revised as shown on page 5 of this Amendment
No. 1.
10. The other terms and conditions of the original Agreement (District Agreement No. 4-
096) shall remain in full force and effect.
11. This Amendment, No. 1 is hereby deemed to be a part of the original Agreement
(District Agreement No. 4-2096).
8
Sr.KFE OF CALIFORNIA
Department of Transportation
WILL KEMPTON
Director
By:
Deputy District Director
Approved as to form and procedure:
_LL
Attorney
Department of Transportation
Certified as to available funds:
policies,
tin Admi I strhtor . ....
District Agreement 4-2096-Al
EXHIBIT A -REVISED 11/21/07
Phase of Work
Constniction
§Iipport
Ot Estimate
$ 900,000
STATE
$0(0%)
CITY
$ 900,000
Construction
$5,092,000
$0(0%)
$5,092,000
Capital
State-furnished
$Actual Cost
$0(0%)
$Actual Cost
Materials (SFM)
SFATE's Source
$ 219,650
$148,350
71,300
Bras ectoxi
STKI'E's Quality
$ 509,000 —71$509,000
$0(0%)
Assurance
Total
$6,720,650
5657,3550
$6,063,300
RESOLUTION NO, 05-153
A RESOMJTION OF THE CITY COUNCII, OFTHE CITY OFCUPERTIN0
AT JTI-IORIZING TI IE CITY MANAGER TO NEIGOTIATE AND EXECtJTI,
AI,I, NECESSARY COOPERATIVE AGREEMENT'S WITI-ITHE
CAI,IFORNIA DEPARTMENT 0171 1 RANSPORTATION III EQLTIRED
FOR DESIGN OVERSIGHT, CONSTRUC-riON ANI) MAINTENANCF1, IN
CONNECTION Wl"ITITHE MARY AVENUE BICYCLE FOOTBRIDGE PROJECT
WHEREAS, Mary Avenue Bicycle Footbridge Project consists of tile design and
construction of' a bicycle footbridge on Mary AVOILIC over Interstate Route 280 in time
City of Cupertino; and
WHEREAS, the bridge will cross State right of way at Interstate Route 280 and
State law requires that the California Department of Transportation (Caltrans) conduct
oversight of the project in cooperation with the City; and
WHEREAS, in order to formally define both the City's and Caltrans' roles
regarding oversight activities, standard cooperative agreements for the project design and
construction Phases, as well as for subsequent maintenance of the project, must be
executed.
NOW, -rilEREFORE, BE IT RESOI.,VED that the City Council of the City of
Cupertino hereby authorizes the City Manager to negotiate and execute all necessary
Cooperative Agreements with the California Department of Transportation required for
design oversight, construction, and maintenance in connection with the Mary Avenue
Bicycle Footbridge Project.
PASSED AND ADOPTED at a regular meeting ofthe City Council of the City of
Cupertino this 6h day of September, 2005, by the following vote:
Vote Members of the Cl Council
AYES., Kwok, t,owenthal, Sandoval, Wang, James
NOES- None
ABSI`.N'l': None
ABSTAIN: None
ATTI'LST'
/s/ Kimberly Smith
APPROVED:
/s/ Patrick Kwok
THIS IS TO CERTIFY" THAT THZ WITHIN
INSTPT UMENT IS A TRUE jkND CORRECT COPY
HE ORIGINAL ON FILE IN THIS OFFICE
ATTEST,- 20L -L,
CITY CLt'o- OF THE CITY OF CUPERTINO
NTv ...... ... .
GLE,HK
City Clerk Mayor, City of Cupertino
DEPARTMENT OF TRANSPORTATION
111 GRAND AVENUE
P. O. BOX 23660
OAKLAND, CA 94623 -0660
PHONE (510) 286 -5900
FAX (510) 286 -5903
TTY (800) 735 -2929
November 17, 2009
Mr. Terry Greene,
City Architect
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear Mr. Greene:
V
Flex your power!
Be enemy efficient!
04 -SCL -280 -KP 16.5 (PM 10.3)
Mary Avenue Pedestrian Overcrossing
04 -230 -1 A5101
District Agreement No. 4- 2007 -A2
Document No. 016235
Enclosed for your file is a fully executed copy of Amendment No. 2 to Cooperative Agreement
No. 4 -2007 (amended here as 4- 2007 -A2) between the State and the City of Cupertino for the
Mary Avenue Pedestrian Overcrossing project on Route 280 within the jurisdiction of the City
of Cupertino. This Amendment extends the Cooperative Agreement by one (1) year to allow
sufficient time for completing the remaining right of way activities for the project. The
Amendment also updates the indemnity articles to reflect the currently approved versions.
The Amendment was executed on November 17, 2009. The Agreement now terminates on
December 31, 2010.
erely,
1 David Salladay
Chief, Design SHOPP Safety
Division of Design
Enclosure
"Caltrans improves mobility across California
04 -SCL- 280 -KP 16.5 (PM 10.3)
Mary Avenue Pedestrian Overcrossing
04-- 230- 1A5101
District Agreement No. 4- 2007 -A2
Document No. 016235
AMENDMENT NO. 2 TO AGREEMENT
THIS AMENDMENT NO. 2 TO AGREEMENT, ENTERED INTO EFFECTIVE ON
AW-awby►' d 7, 2009, is between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, referred to herein as "STATE," and the
CITY OF CUPERTINO, a body politic and a
municipal corporation of the State of
California, referred to herein as "CITY."
RECITALS
The parties hereto entered into an Agreement (Document No. 016235, District
Agreement No. 4 -2007) on Deeembcr 23, 2005, said Agreement defining the terms and
conditions of highway improvements consisting of construction of Mary Avenue
Pedestrian Overcrossing (Bicycle Bridge) on Route 280 at 0.46 km east of Route 85 and
280 Separation within the jurisdiction of the City of Cupertino, referred to herein as
"PROJECT." The Agreement was set to terminate on June 30, 2006.
2. The parties hereto entered into Amendment No. 1 to Agreement (Document No.
016235, District Agreement No. 4 -2007) on June 29, 2006, said Amendment extending
the Agreement until December 31, 2009, as it was determined that PROJECT would
not be completed by the original termination date.
3. Under the terms of the Agreement, CITY was to acquire and furnish all right of way
outside of the existing State highway right of way and to perform all right of way
activities in accordance with all applicable State and Federal laws and regulations, said
activities being subject to STATE's quality assurance to insure that the completed work
is acceptable for incorporation into the State highway right of way.
4. It has been determined that CITY will not be able to complete said right of way
activities before December 31, 2009. The parties hereto now desire to enter into
Amendment No. 2 to Agreement (Document No. 016235, District Agreement No. 4-
2007) for extending the Agreement by one year to allow sufficient time for CITY to
complete the right of way activities. In addition, the indemnity articles of the original
Agreement will be revised under this Amendment to reflect the latest approved
versions.
IT IS THEREFORE MUTUALLY AGREED:
The termination date specified in Article 18, Section III of the original Agreement, It Is
Mutually Agreed, shall now be December 31, 2010, instead of December 31, 2009.
Draft District Agreement No. 4- 2007 --A2
2. Article 15, Section III of the original Agreement, It Is Mutually Agreed, is hereby
replaced in its entirety to read as follows:
15. Neither STATE nor any officer or employee thereof is responsible for any
injury, damage, or liability occurring by reason of anything done or
omitted to be done by CITY under or in connection with any work,
authority, or jurisdiction conferred upon CITY under this agreement. It is
understood and agreed that, CITY will fully defend, indemnify, and save
harmless STATE and all of its officers and employees from all claims,
suits, or actions of every name, kind and description brought forth under,
including, but not limited to, tortious, contractual, inverse condemnation,
or other theories or assertions of liability occurring by reason of anything
done or omitted to be done by CITY under this Agreement.
3. Article 16, Section III of the original Agreement, It Is Mutually Agreed, is hereby
replaced in its entirety to read as follows:
16. Neither CITY nor any officer or employee thereof is responsible for any
injury, damage, or Liability occurring by reason of anything done or
omitted to be done by STATE under or in connection with any work,
authority, or jurisdiction conferred upon STATE under this agreement. It is
understood and agreed that, STATE wilt fully defend, indemnify, and
save harmless CITY and aR of its officers and employees from all claims,
suits, or actions of every name, kind and description brought forth under,
including, but not limited to, torttous, contractual., inverse condemnation,
or other theories or assertions of liability occurring by reason of anything
done or omitted to be done by STATE under this Agreement.
4. The other terms and conditions of said Agreement shall remain in full force and effect.
2
Draft District Agreement No. 4- 2007 -A2
5. This Amendment No. 2 to Agreement is hereby deemed to be part of Document No.
016235.
STATE OF CALIFORNIA CITY OF CUPERTINO
Department of Transportation
RANDELL H. IWASAKI
Director
By:
Deputy District Director
Certified as to budgeting of funds:
District Budget Manager
3
By;
City Manager, David Knapp
Attest;
City Clerk
Approved as to form:
Attorney
RESOLUTION NO. 05153
A RESOLUTION OE THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
ALL NECESSARY COOPERATAIVE AGREEMENTS WITH THE
CALIFORNIA. DEPARTMENT OF TRANSPORTATION REQUIRED
FOR DESIGN OVERSIGHT, CONSTRUCTION AND MAINTENANCE IN
CONNECTION WITH THE MARY AVENUE BICYCLE FOOTBRIDGE PROJECT
WHEREAS, Mary Avenue Bicycle Footbridge Project consists of the design and
construction of a bicycle footbridge on Mary Avenue over interstate Route 280 in the
City of Cupertino; and
WHEREAS; the bridge will cross ' Statc right of way at Interstate Route 280 and
State lave requires that the California Department of Transportation (Caltrans) conduct
oversight of the project in cooperation with the City; and
WHEREAS, in order to formally define both the City's and Caltrans' roles
regarding oversight activities, standard cooperative agreements for the project design and
construction phases, as well as for subsequent maintenance of the project, must be
executed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby authorizes the City Manager to negotiate and Execute all necessary
Cooperative Agreements with the California Department of Transportation required for
design oversight, construction, and maintenance in connection with the Mary Avenue
Bicycle Footbridge Project.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6h day of September, 2005, by the following vote:
Vote Members of the City_ CotLncil HIS IS TO ClI*Y THAT THE WITHIN
INSTRUMENT IS A TRUE ANN Ci7RRSCT COPY
AYES: Kwok, Lowenthal, Sandoval, Wang, James OF THE ORIGINAL ON FILE IN THIS OFFICE
NOES: None ATTEST _Q— 4 _ _ 2ad�
ABSENT: None CITY CLERK OF TNT -- ," OF CUPFRTINO
ATTEST:
City Clerk
%)j- ,CITY CLERK
APP VF.D:
Mayor, City of Cupertino
RECEIVED
PUBLIC WORKS DEPARTMENT
STATE OF CALIFORNIA - BUSINESS "TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARM EGGER Governor
"DEPARTMENT OF TRANSPORTATION
GRAND AVENUE
P. 0. BOX 23660
OAKLAND, CA 94623 -0660
PHONE (510) 286 -5900
FAX (510) 286 -5903
T'T'Y (800) 735 -2929
December 10, 2010
Mr. Terry Greene,
City Architect
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear Mr. Greene:
Flex your power!
Be energy efficient!
04 -SCL -280 -KP 16.5 (PM 10.3)
Mary Avenue Pedestrian Overcrossing
04 -230 -1 A5101
District Agreement No. 4- 2007 -A3
Document No. 01623 5
Enclosed for your file is a fully executed copy of Amendment No: 3 to Cooperative Agreement
No. 4 -2007 (amended here as 4- 2007 -A3) between the State and the City of Cupertino for the
Mary Avenue Pedestrian Overcrossing project on Route 280 within the jurisdiction of the City
of Cupertino. This Amendment extends the Cooperative Agreement by one (1) year to allow
sufficient time for completing the remaining right of way activities for the project.
The Amendment was executed on December 9, 2010. The Agreement now terminates on
December 31, 2011.
�cerely,
�r/David Salladay
Chief, Design SHOPP Safety
Division of Design
Enclosure
"Caltrans improves mobility across California"
04 -SCL- 280 -KP 16.5 (PM 10.3)
Mary Avenue Pedestrian Overcrossing
04- 230- 1A5103
District Agreement No. 4- 2007 -A3
Document No. 016235
AMENDMENT NO. 3 TO AGREEMENT
TFUS AMENDMENT NO, 3 TO AGREEMENT, ENTERED INTO EFFECTIVE ON
JkCd#bffV ', 2010, is between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, referred to herein as "STATE," and the
CITY OF CUPERTINO, a body politic and a
municipal corporation of the State of
California, referred to herein as "CITY."
RECITALS
1. The parties hereto entered into an Agreement (Document No. 016235, District
Agreement No. 4 -2007) on December 23, 2005, said Agreement defining the terms and
conditions of highway improvements consisting of construction of Mary Avenue
Pedestrian Overcrossing (Bicycle Bridge) on Route 280 at 0.46 km east of Route 85 and
280 Separation within the jurisdiction of the City of Cupertino, referred to herein as
"PROJECT." The Agreement was set to terminate on June 30, 2006.
2. The parties hereto entered into Amendment No. 1 to Agreement (Document No.
016235, District Agreement No. 4- 2007 -A1) on June 29, 2006, said Amendment
extending the Agreement until December 31, 2009, as it was determined that
PROJECT would not be completed by the original termination date.
3. The parties hereto entered into Amendment No. 2 to Agreement (Document No.
016235, District Agreement No. 4- 2007 -A2) on Nov 17, 2009, said Amendment
extending the Agreement until December 31, 2010, as it was determined that
PROJECT would not be completed by the original termination date.
4. Under the terms of the Agreement, CITY was to acquire and furnish all right of way .
outside of the existing State highway right of way and to perform all right of way
activities in accordance with all applicable State and Federal laws and regulations,
said activities being subject to STATE's quality assurance to insure that the completed
work is acceptable for incorporation into the State highway right of way.
5. It has been determined that CITY will not be able to complete said right of way
activities before December 31, 2010. The parties hereto now desire to enter into
Amendment No. 3 to Agreement (Document No. 016235, District Agreement No. 4-
2007-A3) for extending the Agreement by one year to allow sufficient time for CITY to
complete the right of way activities.
District Agreement No. 4- 2007 -A3
IT IS THEREFORE MUTUALLY AGREED:
1. The termination date specified in Article 18, Section III of the original Agreement, as
amended in Amendment No. 1 and Amendment No. 2 shall now be December 31, 2011,
instead of December 31, 2010.
2. The other terms and conditions of said Agreement shall remain in full force and effect.
3. This Amendment No. 3 to Agreement is hereby deemed to be part of Document No.
016235.
STATE OF CALIFORNIA
Department of Transportation
CINDY MCKIM
Director
By: 440,
Deputy District Director
Certifie as to budgeting of funds:
District Budget Manager
9
CITY OF CUPERTINO
By: 1) '� 1�-"
City Manager, David Knapp
Attest:
City Clerk
Ap oved as to form:
Attorney
RESOLUTION NO. 05 -153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
ALL NECESSARY COOPERATAIVE AGREEMENTS WITH THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION REQUIRED
FOR DESIGN OVERSIGHT, CONSTRUCTION AND MAINTENANCE IN
CONNECTION WITH THE MARY AVENUE BICYCLE FOOTBRIDGE PROJECT
WHEREAS, Mary Avenue Bicycle Footbridge Project consists of the design and
construction of a bicycle footbridge on Mary Avenue over Interstate Route 280 in the
City of Cupertino; and
WHEREAS, the bridge will cross State right of way at Interstate Route 280 and
State law requires that the California Department of Transportation (Caltrans) conduct
oversight of the project in cooperation with the City; and
WHEREAS, in order to formally define both the City's and Caltrans' roles
regarding oversight activities, standard cooperative agreements for the project design and
construction phases, as well as for subsequent maintenance of the project, must be
executed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby authorizes the City Manager to negotiate and execute all necessary
Cooperative Agreements with the California Department of Transportation required . for
design oversight, construction, and maintenance in connection with the Mary Avenue
Bicycle Footbridge Project.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6h day of September, 2005, by the following vote:
Vote Members of the City Council THIS IS TO CERTIFY THAT THE WITHIN
INSTRUMENT OF THE ORIGINAL ON FILE INT HIS OFFICE
AYES: Kwok, Lowenthal, Sandoval, Wang, James
NOES: None ATTEST° 2-,� , 20—
ABSENT: None CITY CLERIC OF THE F CUPIERTINO
ABSTAIN: None gY –
DTI�ITY CLERK
ATTEST; IAPPVED:
lityy Clerk May." City of Cupertino
sTATF oF c&ULQrdNIA--Bt),IillqESS.'I'RANSPORTATION AND HOUSING A, ,
UIL(: _........ -_ EDMUND BROWN. JR.. Governoi
U101 AM01 311190111mfi� � I f4
1 1 1 GRAND AVENUE
P, 0. BOX 23660
OAK-LANI), CA 94623-066O
PHONE (510) 286-5076
FAX
TTY 711
October 18,
,2011
Mr. Terry Greene,
City Architect
City of Cupertino,
10300 Torre Avenue
Cupertino, CA 95014
Dear Mr. Greene:
Flea ' vour powerl
He energy ef
ficient
04-SCL-280-KP 16.5 (PM 10.3)
Mary Avenue Pedestrian Overcrossing
04-230-IA5101
District Agreement. No. 4-2007-A4
Document No. 016235
Enclosed for your file is a fully executed cop), of Ainendment No. 4 to Cooperative Agreement
No. 4-2007 (amended here as 4-2007-A4) between the State and the City of Cupertino for the
Mar), Avenue Pedestrian Overcrossing project on Route 280 within the jurisdiction of the City
of Cupertino. This Amendment extends the Cooperative Agreement by one (1) year to allow
sufficient time for completing the remaining right of way activities for the project.
The Amendment was executed on October 14, 2011. The Agreement now terminates on
December 31, 201.2.
Sincerely,
David Salladay
Chief, Design SHOPP Safety
Division of Design
Enclosure
"Caltrans improves mabilh�, across Calilbrnia "
04- C1,- 230 -ICP 16.5 (PM 10.3)
Mary Avenue Pedestrian Overcrossing
04- 230- 1A5103
Distr °ict, Agreement No. 4- 2007 -A4
Document No. 016235
AMENDMENT NC. 4 TO AGREEMENT
THIS AMENDMENT" NO. 4 TO AGREEMENT, ENTERED RED INTO EFFECTWE ON
O,C` � 17t v'" f , 2011, is between the STATE OF CALIFORNIA., acting by and through its
Department of Transportation, referred to herein. as "STATE," and the
CITY OF CUPERTINO, a body politic and a
municipal corporation of the State of
California, referred to herein as "ClTY."
RECITALS
1. The parties hereto entered into an Agreement (Document No. 016235, District
Agreement No. 4 -2007) on December 23, 2005, said Agreement defining the terms and
conditions of highway improvements consisting of construction of Mary Avenue
Pedestrian. Cvercrossing (Bicycle Bridge) on Route 260 at 0.46 km east of Route 35 and
230 Separation within the jurisdiction of the City of Cupertino, referred to herein as
"PROJECT." The Agreement was set to terminate on June 30, 2006.
2. The parties hereto entered into Amendment No. 1. to Agreement (Document No.
016235„ District Agreement No. 4- 2007 -A1) on June 20, 2006, said Amendment
extending the Agreement until. December 31, 2009, as it was determined that
PROJECT would not be completed by the original termination date..
3. The parties hereto entered into Amendment No. 2 to Agreement (Document No.
016235, District Agreement No. 4- 2007-A2) on Nov 1.7, 2000, said Amendment
extending the Agreement until December 31 2010, as it was determined that
PROJECT would not be completed by the original termination date.
4. The parties hereto also entered into Amendment No, 3 to Agreement (Document No.
01.6235, District Agreement No. 4- 2007 -A) on December 0, 2010, said Amendment
extending the Agreement until December 31, 2011, as it was determined that CITY
PROJECT would not be completing the right of way by the original termination date.
5. Under the terms of the Agreement, CITY was to acquire and furnish all right of way
outside of the existing State highway right of way and to perform all right of way
activities in accordance with all applicable State and Federal laws and regulations,
said activities being su4)ect to STATE's quality assurance to insure that the completed
work is acceptable for incorporation into the Mate highway right of way.
6. According to the latest estimates, CITY needs additional time to resolve certain right of
way issues with utility companies and property owners before it can complete the
required close -out activities on PROJECT,
District Agreement No. 4-2007-A4
7, The parties hereto now desire to enter into Amendment No. 4 to Agreement (Document
No. 016235, District Agreement No. 4-2007-A4) for extending the Agreement by one
year to allow sufficient time for CITY to complete the remaining right of way activities.
IT IS THEREFORE MUTUALLY AGREED:
The termination date specified, in Article 18, Section III of the original Agreement, as
a
, mended in Amendment No. 1, Amendment No. 2 and Amendment No, 3 shall now be
December 31, 2012, instead of December 31, 2011. ,
2. The other terms and conditions, of said Agreement shall remain in full force and effect.
3. This Amendment No, 4 to Agreement is hereby deemed to be part of Document No.
016235.
STATE OF CALIFORNIA CITY OF CUPEIZI'TNO
Department of Transportation
MALCOLM DOUGHERTY
Acting Director
By.
"
Deputy District birector
Certified as to budgeting of funds:
By:
City Manager, Davi Knapp
'Z
Attest:
City Clerk
District Budget Manager Approved as to form:
At CY
W
RESOLUTION NO, 05453
WHEREAS, Mary Avenue Bicycle Footbridge Project consists of the design and
construction of a bicycle footbridge on Mary Avenue over Interstate Route 280 in the
City of Cupertino; and
WHEREAS, the bridge will cross State right of way at Interstate Route 28O and
State law requires that the California Department of Transportation (Caltrans) conduct
oversight of the proJect in cooperation with the City; and
WHEREAS, in order to formally define both the City's and Caltrans' roles
regarding oversight activities, standard cooperative agreements for the project design and
construction phases, as well as for subsequent maintenance of the project, must be
executed.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 61' day of September, 2005, by the following vote:
Vote Members of the C
it Qouncit,
AYES:
Kwok, Lowenthal, Sandoval,
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
City Clem
Wang, Jar es THIS ISTO GEMTI�N THAT THE WI "[1 -1YN
INSTRUMENT IS ATRUE AND GORRECTCOPY
Q&1JEQ9MA=CI 5 [XE,55 I . RM$R9)RIA[IQN-ANI?! ILQUaINQ AQENCY -3I—)WLNP "
DEPARTMENT OF TRANSPORTATION
I I � GRAND AVENUE
R O. BOX 23600
OAKLAND, CA 94623-0660
PHONE (510) 286-5076
FAX
M 711
November 5, 2012
Mr. "ferry Greene,
City Architect
City of Cupertino
10300Torre Avenue
Cupertino, CA 95014
Dear Mr. Greene:
Floclivurpower?
Be energp, of cienrl
(14- CI.- 2'80 - 16.5 (PM 103)
Mary Avenue Pedestrian Overcrossing
0,4-230-IA51 01
District Agreement No. 4- 00C 7-A5
Document No. 0162.35
Enclosed for your file is a fully executed copy of Amendment No. 5 to Cooperative Agreement
No. 4-2007 (amended here as 4-20017-A5) between the State and the City of Cupertino for the
Mary Avenue Pedestrian Overcrossing project on Route 280 within the jurisdiction of the City
of Cupertino. This Amendment extends the Cooperative Agreement by one year to allow
sufficient time for the City to resolve the remaining right of way issues with utility companies
and property owners prior to the planned right of way conveyance.
The Amendment was executed on November 5, 2012. The Agreement now terminates on
December 3 1. 2013.
Sincerely,
..........
01, David Salladay
Chief, Design S1101111 Safety
Division ol.'Design
1101mm=
"(7afirzins unproves mobdilY across Calafbrnia "
04-SCL-280-KP 16.5 (PM 10.3)
Mary Avenue Pedestrian Overcrossing
04-230- IA5103
District Agreement No,. 4-2007-A5
Document No. 016235
THIS AMENDMENT NO. 5 TO AGREEMENT, ENTERED INTO EFFECTIVE ON
Aeitveowboor- J'S', 2012, is between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, referred to herein as "STATE," and the
CITY OF CUPERTINO, a body politic and a
municipal corporation of the State of
Califomia, referred to herein as "CITY,"
RECITALS
The parties hereto entered into an Agreement (Document No. 016235, District
Agreement No. 4-200,7) on December 23, 2005, said Agreement defining the terms and
conditions of highway improvements consisting of construction of Mary Avenue
Pedestrian Overcrossing (Bicycle Bridge) on Route 280 at 0.46 krn east of Route 85 and
2.130 Separation within the jurisdiction of the City of Cupertino, rcfen-ed to herein as
"PROJECT." The Agreement was set to terminate on June 30, 2006
2. The parties hereto entered into Amendment No. I to Agreement (Document No.
016235, District Agreement No. 4-2007-A1) on June 29, 2006, said Amendment
extending the Agreement until December 31, 2009, as it was determined that
PROJECT would not be completed by the original termination date.
3. The parties hereto entered into Amendment No. 2 to Agreement (Document No.
01,6235, District Agreement No. 4-2007-A2) on November 17, 2009, said Amendment
extending the Agreement until December 31, 2010, as it was determined that the right
of way close-out activities on PROJECT would riot be completed by the termination
date specified in Amendment No. 1 to the Agreement.
4. The parties hereto also entered into Amendment No. 3 to Agreement (Document No.
016235, District Agreement No. 4-2007-A3) on December 9, 2010, said Amendment
extending the Agreement until December 31, 2011, as it was determined that the right
of way close-out activities, on PROJECT would not be completed by the termination
date specified in Amendment No. 2 to the Agreement.
5. The parties hereto entered into Amendment No. 4 to Agreement (Document No,
016235, District Agreement No. 4-2007-A3) on October 14, 2011, said Amendment
extending the Agreement until December 31, 2012, as it was deterrained that CITY
needed additional time to resolve certain right of way issues with utility companies and
property owners before the right of way conveyance process could begin.
6. The parties hereto now desire to enter into Amendment No. 5 to Agreement (Document
No. 016235, District Agreement No. 4-2007-A5) for extending the Agreement by one
year to allow sufficient time for CITY to resolve said right of way issues with, utility
companies and property owners prior to the right of way conveyance.
District Agreement No, 4-2007-A5
IT IS THEREFORE MUTUALLY AGREED:
The termination date specified in Article 18, Section III of the original Agreement, as
amended in Amendment 4 shall now be December 31, 2013, instead, of December 31,
2012.
2. The other terms and conditions of said Agreement shall remain in full force and effect.
3. This Amendment No. 5 to Agreement is hereby deemed to be part of Document No.
016235.
STATE OF CALIFORNIA CITY OF CUPERTINO
Department of Transportation
MALCOLM DOUGHERTY
Director
By:
Deputy District Director
Certified as to Wdgeting of funds:
P
''I'' '("��budget Manager
2
By:.
City Manager, David Brandt
Attest:
City Clerk
Attorney
F01194004JUN ►UNA-10M
;Uy 1 11" M11 RIV 1111"
[400JOH 0 Ix" I MORTAVA 1113 1 of 1105 IMMEMUZISIMM)
WHEREAS,, Mary Avenue Bicycle Footbridge Project consists of the design and
construction of a bicycle footbridge on Mary Avenue over Interstate Route 280 in the
City of Cupertino; and
WHEREAS, the bridge will cross State right of way at Interstate Route 280 and
State law requires that the California Department of Transportation (Caltrans): conduct
oversight of the project in cooperation with the City; and
WHEREAS, in order to formally define both the City's and Caltrans' roles
regarding oversight activities, standard cooperative agreements for the project design and
construction phases, as well as for subsequent inainteriance of the project, must be
executed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby authorizes, the City Manager to negotiate and execute all necessary
Cooperative Agreements with the California Department of Transportation required for
design oversight, construction, and maintenance in connection with the Mary Avenue
Bicycle Footbridge Project.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this h day of September, 2005, by the following vote*
Vote Members of theme Qpqr Lcil
AYES:
Kwok, Lowenthal, Sandoval,
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
mitt' Clerk
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