Loading...
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 ASVSLVZ. =8 z 0 Ci fz 0. Lo Z, 0u cv 'o,