12-120 Amendment No. 5 Cooperative Agreement No. 4-2007-A5, Mary Ave Pedestrian Overcrossing STATE OF CALIFORNIA—BUSINESS,TRANSPORTATION AND HOUSING AGENCY EDMUND G.BROWN,JR.,Governor
DEPARTMENT OF TRANSPORTATION
1 l l GRAND AVENUE RECEIVED 0:4
O.BOX 23660
OAKLAND,CA 94623-0660
PHONE (510)286-5076 NOV 0 7 2012 Flex your power!
FAX Be energy efficient'
TTY 711
PUBLIC WORKS DEPARTMENT
November 5, 2012
Mr. Terry Greene, 04-SCL-280-KP 16.5 (PM 10.3)
City Architect Mary Avenue Pedestrian Overcrossing
City of Cupertino 04-230-1A5101
10300 Torre Avenue District Agreement No. 4-2007-A5
Cupertino, CA 95014 Document No. 016235
Dear Mr. Greene:
Enclosed for your file is a fully executed copy of Amendment No. 5 to Cooperative Agreement
No. 4-2007 (amended here as 4-2007-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 31, 2013.
Sincerely,
David Salladay - -
Chief, Design SHOPP Safety
Division of Design
Enclosure
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"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-A5
Document No. 016235
AMENDMENT NO. 5 TO AGREEMENT
THIS AMENDMENT NO. 5 TO AGREEMENT, ENTERED INTO EFFECTIVE ON
Ali ve ni "r .5, 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
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 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 not 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 determined 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.
1
District Agreement No. 4-2007-A5
IT IS THEREFORE MUTUALLY AGREED:
1. 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 i s hereby deemed to be part of Document No.
016235.
STATE OF CALIFORNIA CITY OF CUPERTINO
Department of Transportation
MALCOLM DOUGHERTY
Director /
c�
By: ha � By:
Deputy District Director City Manager, David Brandt
Certified as to budgeting of funds: Attest: &7,W i6'� `,��,'�-1 (10
City Clerk
Art udget Manager Approved as to form:
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Attorney
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RESOLUTION NO. 05-15 3
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
AYES: Kwok, Lowenthal, Sandoval, Wang, James THIS IS TO CERTIFY THAT THE WITHIN
INSTRUMENT IS A TRUE AND CORRECT COPY
NOES: None OF THE ORIGINAL ON FILE IN THIS OFFICE
ABSENT: None ATTEST 'k )1', 20 I(
ABSTAIN: None CITY CLE' 0 THE ■ IF CUPERTINO
BY 1. i� - _Li
ATTEST: APP' 'IVED: CITY CLERK
.14h.141.1... �u�..I _ /Iii
ity Clerk Mayor, City of Cupertino