10-120 Department of Transportation, State of California, Amendment No. 3, Mary Ave Pedestrian Overcrossing Project RECEIVED
PUBLIC WORKS DEPARTMENT
STATE OF CALIFORNIA — BUSINESS, TRANSPORTATION AND HOUSING AGENCY JAN 10 2011 ARNOLD SCHWARZENEGGER, Governor
DEPARTMENT OF TRANSPORTATION
11 GRAND AVENUE 0:1:p74
P. O. BOX 23660
OAKLAND, CA 94623 -0660
PHONE (510) 286 -5900 • Flex your power!
FAX (510) 286 - 5903 Be energy efficient!
TTY (800) 735 -2929
January 5, 2011
Mr. Terry Greene 04 -SCL -280 -KP 16.5 (PM 10.3)
City Architect Mary Avenue Pedestrian Crossing
City of Cupertino 04- 230- 1A5100
10300 Torre Avenue District Agreement No. 4- 2096 -A2
• Cupertino, CA 95014 -3255
Dear Mr. Greene:
Enclosed for your files is a fully executed copy of Amendment No. 2 to Cooperative
Agreement No. 4 -2096 between the State and City of Cupertino for the construction of the
Mary Avenue Pedestrian Overcrossing project on State Route 80 in the City of Cupertino in
Santa Clara County. This Amendment extends the termination date of the Agreement by one
(1) year to allow the City of Cupertino additional time for completing the as -built plans and
contract records for the project.
The Amendment was executed on December 22, 2010. The Agreement now terminates on
December 31, 2011.
mcerely,
/Patrick Ng
District Branch Chief
Design South, SHOPP Safety
Enclosure
"Caltrans improves mobility across California"
04 -SCL- 280 -KP 16.5 (PM 10.3)
Mary Avenue Pedestrian Overcrossing
04- 230- 1A5100
District Agreement No. 4- 2096 -A2
AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT
THIS AMENDMENT NO. 2 TO AGREEMENT, ENTERED INTO EFFECTIVE ON
6/ t1 et. bt r .Z 2. , 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 (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) on Route 280
at 0.46 km east of the Route 85 and 280 Separation in the City of Cupertino.
2. The parties hereto also entered into Amendment No. 1 to the Agreement (District
Agreement No. 4- 2096 -A1) on March 27, 2008, to (a) put a cap on STATE's cost for
source inspection and testing at $148,350, (b) 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, and (c) extend the
termination date from December 31, 2009 to December 31, 2010, to allow sufficient
time for final accounting and project records transfer.
3. The parties hereto now wish to enter into Amendment No. 2 to extend the
Agreement by one (1) year, as CITY needs additional time to complete the as -built
plans and contract records for PROJECT.
IT IS THEREFORE MUTUALLY AGREED:
1. The termination date specified in Article 18, Section III, It Is Mutually Agreed, of the
original Agreement shall now be December 31, 2011, instead of December 31, 2010.
2. The other terms and conditions of the original Agreement (District Agreement No. 4-
2096) shall remain in full force and effect.
3. This Amendment No. 2 is hereby deemed to be a part of the original Agreement
(District Agreement No. 4- 2096).
1
District Agreement 4- 2096 -A2
STATE OF CALIFORNIA CITY OF CUPERTINO
Department of Transportation
CINDY McKIM
Director
By: By: .� L�
Deputy District Director Cit1Manager
Certified s to funds:
Al .
A ttest: Orkrt AMrLA,,,r&k/L_
District Budget Manager City Clerk
Certified as to available funds:
Approved as to form:
r - ff \
� `', \.t- \
City Attorney
2
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 COOPERATAI`'E 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 6" day of September, 2005, by the following vote:
Vote Members of the City Council
THIS IS TO CERTIFY THAT THE WITHIN
INSTRUMENT IS A TRUE AND CORRECT COPY
AYES: Kwok, Lowenthal, Sandoval, Wang, James OF THE ORIGINAL ON FILE IN THIS OFFICE
NOES: None ATTEST DE M aT" , 20 t o
ABSENT: None CITY CLERK OF THE CITY OF CU ' ERTINO
ABSTAIN: None
BY "i ��--
CITY CLERK ¢-
ATTEST: APP ' 'i VED:
iddrAL
ity Clerk Mayor, City of Cupertino