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11. Mary Ave Footbridge VTA amendment City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX: (408) 777-3333 CITY OF CUPEIUINO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM II AGENDA DATE March 6,2007 SUBJECT AND ISSUE Adoption of Resolution No. 07- 037 , authorizing the City Manager to negotiate and execute an amendment to the Mary Avenue Bicycle Footbridge Project funding agreement with the Santa Clara Valley Transportation Authority (VT A) that will allow the funding to be used for both the design and the construction phases of the project. BACKGROUND On August 16,2005, Council authorized the City Manager to execute an agreement between the City of Cupertino and VT A to accept and receive 1996 Measure B Bicycle Expenditure Program funding in the amount of $5,685,203 for the Mary Avenue Bicycle Footbridge Project. The agreement was subsequently amended by VT A to extend its term to October 31, 2008, in order to correspond to the project's anticipated schedule. The terms of the agreement currently specify that the funding will be used to reimburse the City for expenditures made on the construction phases of the project. The purpose of the currently proposed amendment is to allow the use of the funding to reimburse the City for expenditures made on both the design and the construction of the project. FISCAL IMPACT Adoption of the resolution will facilitate more expeditious reimbursement of expenditures made by the City on the project. STAFF RECOMMENDATION Adopt Resolution No. 07- () 37 , authorizing the City Manager to negotiate and execute an amendment to the Mary Avenue Bicycle Footbridge Project funding agreement with the Santa Clara Valley Transportation Authority (VIA) that will allow the funding to be used for both the design and the construction phases of the project. Submitted by: '12-,d c..R LA aU ~ Ralph A. Qualls, Jr. V Director of Public Works A~or submission: David W, Knapp City Manager Printed on Recycled Paper II-I DRAFT RESOLUTION NO. 07-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE MARY AVENUE BICYCLE FOOTBRIDGE PROJECT FUNDING AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE SANTA CLARA COUNTY VALLEY TRANSPORT A TION AUTHORITY THAT WILL ALLOW THE FUNDING TO BE USED FOR BOTH THE DESIGN AND THE CONSTRUCTION PHASES OF THE PROJECT WHEREAS, on August 16, 2005, Council authorized the City Manager to execute, and the City Manager did subsequently execute, a funding agreement between the City of Cupertino and VT A to accept and receive Measure B Bicycle Expenditure Program funding in the amount of$5,685,203 for the Mary Avenue Bicycle Footbridge Project; and WHEREAS, the City of Cupertino and the Santa Clara County Valley Transportation Authority wish to amend the agreement to allow the funding to be used for both the design and the construction phases of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Cupertino hereby authorizes the City Manager to negotiate and execute an amendment to the Mary A venue Bicycle Footbridge Project funding agreement with the Santa Clara Valley Transportation Authority that will allow the funding to be used for both the design and the construction phases of the project. BE IT FURTHER RESOLVED that the City Manager, or the City Manager's designee, is authorized, on behalf of the City of Cupertino, to execute and submit all documents, payment requests, and related actions, as well as to accept and appropriate any additional funds received for the completion of the project. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of March 2007 by the following vote: V ote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino f(-,;t.