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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