10-120 Amendment No. 3 Cooperative Agreement, Mary Ave Pedestrian OvercrossingSTATE OF CALIFORNIA-BUSINESS TRANSPORTATION AND HOUSING AGENCY
DEPARTMENT OF TRANSPORTATION
111 GRAND A VENUE
P. 0. BOX 23660
OAKLAND, CA 94623-0660
PHONE (510) 286-5900
FAX (510) 286-5903
TTY (800) 735-2929
December 10, 2010
Mr. Terry Greene,
City Architect
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear Mr. Greene:
RECEIVED
PUBLIC WORKS DEPARTMENT
DEC 13 2010 ARNOLD SCHWARZENEGGER Governor
Flex your power!
Be energy efficient!
04-SCL-280-KP 16.5 (PM 10.3)
Mary A venue Pedestrian Overcrossing
04-230-1A5101
District Agreement No. 4-2007_-A3
Document No. 016235
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 A venue 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.
~incerely, !~~ {6r) David Salladay
Chief, Design SHOPP Safety
Division of Design
Enclosure
"Cal trans 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
T:EiJS AMENDMENT NO. 3 TO AGREEMENT, ENTERED INTO EFFECTIVE ON
./J4UlttHff' I/', 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-Al) 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.
1
District Agreement No. 4-2007-A3
IT rs 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
Byk;__~
Deputy District Director
District Budget Manager
2
CITY OF CUPERTINO
By:Y~J~
City Manager, David Knapp
Attest:~~
City Clerk
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 A VENUE BICYCLE FOOTBRIDGE PROJECT
WHEREAS, Mary Avenue Bicycle Footbridge Project consists of the design and
construction of a bicycle footbridge on Mary A venue 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 A venue
Bicycle Footbridge Project.
PASS ED 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:
Members of the City Council THIS IS TO CERTIFY THAT THE WITHIN
AYES:
NOES:
Kwok, Lowenthal, Sandoval, Wang, James
None
INSTRUMENT IS A TRUE AND CORRECT COPY
OF THE ORIGINAL ON FILE IN THIS OFFICE
ATIEST (Jd:--·~ 24 I 20~
ABSENT:
ABSTAIN:
None
None
ATTEST: .
~M (!~
CllY C~:C~PERTINO
BY /},.,.,.U 1iih.. ~ITYCLERK ~
APP VED:
~
Mayor, City of Cupcii:ino