01-015 SCVWD Bridge Over Calabazas CreekENACTED COPY -Contract Admin. Unit
AtaNiT, # A2412b TILE #155-341
~E_ ~~
~~
SECOND AMENDMENT TO THE MARCH 6, 2001 AGREEMENT
BETWEEN THE CITY OF CUPERTINO AND THE SANTA CLARA VALLEY
WATER DISTRICT FOR THE RECONSTRUCTION OF BOLLINGER ROAD
BRIDGE OVER CAI,ABAZAS CREEK
This AMENDMENT is made and entered into on Apri14, 2006, by and between the
Santa Clara Valley Water District (DISTRICT) and the City of Cupertino (CITY), known
collectively as PARTIES. It amends District ~~greement A2412 regarding the
Reconstruction of Bollinger Road Bridge over Calabazas Creek Project (PROJECT)
between the PARTIES signed on March 6, 20(11. The first amendment (A2412a) to this
agreement was signed on April 1, 2003.
RECITALS:
WHEREAS the DISTRICT and the CITY support the completion of the PROJECT,
WHEREAS the DISTRICT and the CITY wish to extend the term of the PROJECT
beyond that specified in the April 1, 2003, Amendment,
WHEREAS the DISTRICT has completed and certified the Mitigated Negative
Declaration as required under CEQA,
WHEREAS the DISTRICT has completed the removal of the Old Bollinger Road Bridge
and the revegetation of that site; and
NOW, THEREFORE, the DISTRICT and the CITY, under the terms and conditions
hereinafter specified, agree that the Agreement as previously amended shall be amended
as follows:
A. TOTAL PROJECT COST
Total PROJECT cost shall not include costs of the consultant performing the Physical
Model Study. Total PROJECT cost shall not i~lclude costs of the consultant for redesign
of the PROJECT from the results of the Physical Model Study nor from the change from
a vertical retaining wall on the right bank (looking downstream) at the entrance to the
replacement culvert to a laid-back bank. Theses costs shall be the sole responsibility of
the DISTRICT.
The City will include this redesign of the PRO.BCT in their existing design consultant
contract. The District will reimburse the City for the cost of the redesign, irrespective of
the final accounting, upon submittal of the consultant invoice(s) by the City.
Bollinger Road Bridge over Calabazas Creek ,agreement
B. TERM OF THE AGREEMENT
The term of the agreement shall expire on December 31, 2009.
All other terms and conditions of Agreement A2412 and its Amendment A2412a shall
remain in force and effect.
WITNESS THE EXECUTION HEREOF on the day and year first hereinabove written.
AP VED AST FORM:
ebra Cauble
District Counsel
City Attorney
2
SANTA CLARA VALLEY WATER DISTRICT,
A special district of the State of California.
By 1
St 1 y M. Williams
Chief Executive Officer
CITY OF CUPERTINO
By:
David. W. Knapp
City Manager
Charles Kilian
ENACTED COPY • Contrast Adeds. tJdt
AGMT. #` ~.~.1c~._ Flte ~ ! 5 5 -- 3~f~
SECOND AMENDMENT TO THE MARCH 6, 2001 AGREEMENT
BETWEEN THE CITY OF CUPERTINO AND THE SANTA CLARA VALLEY WATER
DISTRICT FOR THE RECONSTRUCTION OF BOLLINGER ROAD BRIDGE OVER
CALABAZAS CREEK
This AMENDMENT is made and entered into on MGtY , 2006, by and between the
Santa Clara Valley Water District (DISTRICT) and the City of Cupertino (CITY), known
collectively as PARTIES. It amends District Agre~:ment A2412 regarding the Reconstruction of
Bollinger Road Bridge over Calabazas Creek Project (PROJECT) between the PARTIES signed
on March 6, 2001. The first amendment (A2412a) to this agreement was signed on April 1,
2003.
RECITALS:
WHEREAS the DISTRICT and the CITY support i:he completion of the PROJECT,
WHEREAS the DISTRICT and the CITY wish to Extend the term of the PROJECT beyond that
specified in the agreement as amended,
WHEREAS the DISTRICT has completed and ce~~tified the Mitigated Negative Declaration as
required under CEQA,
WHEREAS the DISTRICT has completed the removal of the Old Bollinger Road Bridge and the
revegetation of that site; and
NOW, THEREFORE, the DISTRICT and the CIT`~(, under the terms and conditions hereinafter
specified, agree that the Agreement as previousl~~ amended shall be amended as follows:
A. TOTAL PROJECT COST
Total PROJECT cost shall not include costs of th~~ consultant performing the Physical Model
Study. Total PROJECT cost shall not include co;~ts of the consultant for redesign of the
PROJECT from the results of the Physical Model Study nor from the change from a vertical
retaining wall on the right bank (looking downstream) at the entrance to the replacement culvert
to a laid-back bank. These costs shall be the sole responsibility of the DISTRICT.
The City will include this redesign of the PROJECT in their existing design consultant contract.
The District will reimburse the City for the cost of the redesign, irrespective of the final
accounting, upon submittal of the consultant invoice(s) by the City.
Attachment 1, Page 1 of 2
B. TERM OF THE AGREEMENT
The term of the agreement shall expire on December 31, 2009.
All other terms and conditions of Agreement ~-2412 and its Amendment A2412a shall
remain in force and effect.
WITNESS THE EXECUTION HEREOF on the day and year first hereinabove written.
APPROVED AS TO FORM:
/~
~U t;,(~-
Debra Cauble
District Counsel
City Attorney
SANTA CLARA VALLEY WATER DISTRICT,
A spE~cial district of the State of California.
i
By: G,
Stanle M. Williams
Chie~Executive Officer
CITY OF CUPERTINO
By: _
Attachment 1, Page 2 of 2
ENACTED COPY -Contract Admin. Unit
~~,
# A2412
FIRST AMENDMENT TO MA1;:CH 6, 2001 AGREEMENT
BETWEEN THE CITY OF CUPERTINO Ar1D SANTA CLARA VALLEY WATER
DISTRICT FOR THE RECONSTRUCTION OF BOLLINGER ROAD BRIDGE OVER
CALABAZA:>CREEK
This AMENDMENT is entered into on April 1 , 2003, by and between Santa
Clara Valley Water District, hereinafter called "DISTRICT," and the City of Cupertino,
hereinafter called "CITY," or collectively as "PARTIES" or generically as uPARTY". It amends
District Agreement #A2412 between the Parties signed on March 6, 2001. Attached hereto as
Appendix A, so as to provide for the widening of tY~e bridge to allow for Bike and Pedestrian
access, and to convey flood flows.
WHEREAS removal of upstream obstruction will enhance instream habitat,
WHEREAS the existing channel upstream of the bridge is in a natural state, and the DISTRICT
desires to protect the riparian habitat found there as much as possible,
WHEREAS the DISTRICT desires to coordinate the Bollinger Bridge retrofit with the long-term
flood risk management plan identified in the Clean Safe Creeks Program for the Miller Avenue
to Wardell Avenue reach of Calabazas Creek,
WHEREAS the CITY desires to bring the bridge into compliance with structural codes,
WHEREAS project management responsibilities will be shifted from CITY staff to DISTRICT
staff,
NOW, THEREFORE, for the consideration and up~~n the terms and conditions hereinafter
specified, the PARTIES agree as follows:
Additions to the March 6, 2001 Agreement
1. CITY will be responsible for making; arrangements to lower the sewer siphon with
the City of.San Jose. The constriction in the culvert opening caused by the sewer
siphon is illustrated in Figure 1. The cost of construction will be split between
PARTIES at 21 % CITY and 79% D:STRICT.
2. CITY will be responsible for the cost and engineering necessary to ensure
structural reinforcement of the bridge to accommodate the widening. The
construction can be included in the total retrofit project contract, but the cost will
not be included in the total cost calculation as between the PARTIES.
1 oi' 4
3 CITY will be responsible for obtainuig all permits related to the road, sewer siphon
and bridge including from the Count•~, City of San Jose, and City of Cupertino.
DISTRICT and CITY will both be listed as co-permitees on all project permits.
4. DISTRICT will be responsible for obtaining all permits related to the creek
including California Department of :Fish and Game, San Francisco Regional
Water Quality Control Boazd, and U S Army Corps of Engineers. DISTRICT and
CITY will both be listed as co-permitees on all project permits.
5. DISTRICT will serve as the lead agc;ncy under CEQA and the CITY will be a
responsible agency.
6. Labor costs incurred by each PARTY' for work associated with the project will be
considered an "in kind" contribution and not included in the total cost calculation
except the cost of construction administration incurred by DISTRICT's
Construction Administration Unit w]•uch will be set at 10% of the final
construction costs.
7. As an "in-kind" contribution, City will provide a qualified inspector to work with
the District's Construction Administration Unit throughout the' construction of the
project. As an "in-kind" contribution., DISTRICT will provide Project
Management services which-were previously performed by CITY.
8. District Staff will work directly with consultant to ensure that work products meet
both the District's and the City's project needs. CITY shall pay consultant only
after DISTRICT has provided writter, appxoval on invoices submitted.
Changes to the March 6, 2001 Agreement
GENERAL PROVISIONS
Project Definition
"The Project" shall now be defined as collectively, the widening of the roadway of the
Bollinger Road Bridge, the removal of the Old Bollinger Road Bridge, the lowering of the sewer
siphon inside the bridge culvert, the increase in size: of the culvert opening and the structural re-
enforcement of the bridge.
Term of the Agreement
Term of the Agreement shall be for a period. of 3 yeazs from the date identified above to
allow for the construction phase of the project and planting of the environmental enhancements
at the site of the Old Bollinger Bridge.
Assignability
PARTIES agree that particular work assigmnents have been made in the interest of
2 oi' 4
dividing the work up to complete the Project. Without the written consent of the other
PARTIES, no PARTY shall assign or transfer any interest in this Agreement or any of the
obligations hereunder except to contractors or consultants working directly for that PARTY. Any
unauthorized attempt by any PARTY to so assign or transfer shall be void and of no effect. Any
PARTY hiring a contractor or consultant shall be re:sponsible for the inspection, review, and
quality of all work of that contractor or consultant.
A. The City Manager of Cupertino and the Chief Executive Officer of the Santa Clara
Valley Water District are empowered to 1:erminate this Agreement on behalf of their
respective agencies.
B. In event of termination, each PARTY shell deliver to the other PARTY, upon request,
copies of reports, documents, and other v~ork performed by any PARTY under this
Agreement. The cost of work performed under this agreement to the date of
termination shall be due and payable in accordance with provision 6 of the March 6,
2001 Agreement.
Notification
Any and all notices or other communications required to be given hereunder shall be
deemed to have been delivered upon deposit in the United States mail, postage prepaid;
addressed as specified below or as later amended b:,~ the PARTY in writing:
Cupertino
City of Cupertino
10300 Tone Avenue
Cupertino, California 95014-3255
Attn.: City Manager
Water District
Santa Claza Valley Water District
5750 Almaden Expressway
San Jose, California 95118-3614
Attn.: Chief Executive Officer
All other terms and conditions of Agreement A2712 shall remain in force and effect.
3oz4
CITY CUPERTINO
C~
By:
Michael S. Chang, Ph
Mayor
Date: I'Yl a u (o , o? 00 3
ATTEST:
Y!'Lc
City Clerk
APPRO AS F
City Attorney
SANTA CLARA VALLEY WATER
DISTRICT
By; l C/
Stanley illiams
Chief Executive Officer
Date: APR 0 ~ 2003
APPROVED AS TO FORM
` ,~
Emily to
Assistant General Counsel
4 oi' 4
5750 ALMADEN EXPWY
SAN JOSE, CA 951 1 8361 4
TELEPHONE (408) 265-2600
FACSIMILE (408) 266-0271
www.valleywater.org
AN EQUAL OPPORTUNITY EMPLOYER
April 15, 2003
Mr. Glenn Goepfert
Assistant Director of Public Works
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
Dear Mr. Goepfert:
Subject: Amendment to Agreement A2412 (A24'12a) With the City of Cupertino for
Reconstruction of Bollinger Road BI-idgE: Over Calabazas Creek (Cupertino), Project
No. 201015
Enclosed are two originals of the subject amendmlent to the agreement approved by our Board
of Directors on April 1, 2003. Please sign and return one of the fully executed originals to our
office as soon as possible. Retain the other original for your files. Also enclosed, for your
information, is a copy of the item presented to the Board.
Thank you for your cooperation in this matter.
If you have any questions regarding the agreement, please contact Ms. Pat Showalter, at
(408) 265-2607, extension 2939.
Sincerely,
Marcia Guzzetta
Board Administrative Assistant
Enclosures
The mission of the Santa Clara Valley Water District is a healthy, sale and enhanced quality of living in Santa Clara Count' ~.
through the comprehensive management of water resources in a practical, costeffective and environmentally sensitive manner. m~
SCVWD AGMT. N0. A2712
AGREEMENT BETWEEN TIDE CITY OF CUPERTINO
AND SANTA CLARA VALLEY WATER DISI"RICT FOR THE RECONSTRUCTION OF
BOLLINGER ROAD BRIDGE cJVER CALABAZAS CREEK
CITY OF CUPERTINO, a municipal corporati~en, first party, hereinafter called "CITY";
and
SANTA CLARA VALLEY WATER DISTRICT, a public corporation, second party,
hereinafter called "DISTRICT".
AGREE this 6th day of rrAxcH , 2001, as follows:
RECITALS:
A. CITY desires to widen the existing Bollinger Road Bridge over Calabazas Creek and
replace it with a 76 foot wide bridge.
B. The existing channel for Calabazas Creek. underneath the Bollinger Road Bridge is
unable to pass the one percent flood; DISTRICT therefore desires to enlarge its
capacity.
C. Widening of the bridge would benefit CITI' by providing safer traffic, bicycle and
pedestrian conditions.
D. This agreement will provide for construction of a new bridge, which will meet both
such needs upon terms hereinafter specified.
AGREEMENT:
CITY will contract with consultants to prepare plans and specifications for the
construction of a bridge across Calabazas Creek at Bollinger Road, together with
appurtenant and associated road and ch~~nnel improvements (hereinafter "the
project"), all as generally described in the itemization of features thereof shown on
Exhibit "A" hereto, so marked and made ~~ part hereof.
2. City shall provide 60%, 90%, 100% and final plans, specifications and engineer's
cost estimates to the District for review.
3. Upon approval of said plans and specific~~tions by DISTRICT and CITY, DISTRICT
will, in accordance with its lawful procedures, secure construction bids for work.
Following written notification to CITY that DISTRICT has received bids and intends
to award a construction contract, CITY sl-iall approve or disapprove the award of the
construction contract within 10 days.
4. If upon opening of bids, it is found that thE; lowest responsible bid exceeds the
Engineer's Estimate by 10 percent or more, DISTRICT and CITY shall immediately
confer and determine whether to reduce the scope of the project or to award the
contract. If, after 30 days, a course of aci:ion is not agreed upon, this AGREEMENT
shall be deemed to be terminated by mutual consent.
5. If the award of the construction contract i;~ not approved by both parties and if both
parties agree, the construction plans and specifications may be rebid or the project
redesigned.
6. Upon approval of the award by DISTRICT- and CITY, the DISTRICT will award the
contract. The DISTRICT will administer the construction contract and supervise and
inspect the work to completion.
7. The parties agree that, for purposes of this AGREEMENT, the cost of engineering
and design administration, environmental permitting and processing for CEQA
compliance shall be the actual cost of the consultant services provided. The parties
agree that, for purposes of this AGREEMEENT, the cost of construction inspection,
survey, testing, and contract administration shall be set at 10 percent of the actual
construction contract cost. The total cost of the project shall be deemed to consist
of the actual construction contract cost, tl'ie consultant services and the construction
administration costs.
8. Payment of the total project cost will be shared by the parties generally as provided
in this Agreement, and specifically as follows:
A. The total project cost shall be the c~~st of total amounts of payments made to
consultants and the costs of total amounts of payments of final quantities
used to make final payments to the Contractor at the completion of the
project. The costs thereof shall be the actual prices as bid, awarded and paid
to the Contractor.
B. If the Contractor submits any claim:, the additional construction
administration cost will be split 79%~ to the DISTRICT and 21 % to the CITY. If
any claim relates solely to the responsibility of either party, that party shall
assume 100 percent of the construction administration cost relating to said
claim.
9. As summarized in Exhibit "B", the following shall not be included in the total project
cost:
A. The cost of stabilizing and revegeta~~ting erosion sites between Bollinger Road
and Old Bollinger Road and removing the old Bollinger bridge is to be paid
solely by DISTRICT. The cost for engineering, design administration,
environmental permitting and processing, construction inspection and
contract administration, and construction for this portion is $372,000.
B. Any federal or state grants or third Marty funding, currently estimated to be
none.
10. CITY will pay 21 percent of the actual construction costs, as specified above and on
said Exhibit "B", which is currently estimated to be $285,000. City will also pay its
proportionate share of the engineering, dE:sign administration, environmental
permitting and processing, construction inspection and contract administration as
specified above and on said Exhibit "B"which is currently estimated to be $81,000.
Total estimated CITY cost is $366,000.
11. DISTRICT will pay 79 percent of the actu~~l construction cost, after deducting all the
costs as specified above and on said Exhibit "B", which is currently estimated to be
$1,070,000. DISTRICT will also pay its proportionate share of the engineering,
design administration, environmental permitting and processing, construction
inspection and contract administration as specified above and on said Exhibit "B"
which is currently estimated to be $302,000. The total estimated District share of
the bridge reconstruction is $1,372,000. l-otal estimated DISTRICT project cost,
including bank stabilization, revegetation, and removal of the old Bollinger bridge, is
$1,744,000.
12. CITY will, in accordance with its lawful procedures, contract with consultants to
provide engineering including environmental permitting and processing for CEQA
compliance, printing of plans and specific~~tions and design administration for the
project. CITY will make progress payments to consultants and notify the DISTRICT.
13. DISTRICT will provide construction inspection, construction surveying, contract
administration and testing. DISTRICT will provide progress payments to the
construction contractor and notify the CIT`~(.
14. Upon completion of the project and resolution of all relevant contract claims and
appeals, the DISTRICT shall compute the total project costs and tender to the CITY
a final accounting of the CITY's share of such costs. The final accounting shall list
the costs of all project work based on the :actual expenses incurred by the CITY and
shall include consultant and project construction cost. The total construction cost
shall consist of the total amount of final quantities used to make final payments to
the Contractor at the completion of the project. Only the actual project as bid,
awarded and paid, including change order items to the contractor shall be allowed.
In addition, the costs for construction administration of any claims submitted by the
Contractor shall be included in the final accounting as allowed for in Item 8-B.
15. In the event the total contribution by the CITY is less than its minimum required
share of total costs, the CITY shall, no IatE~r than 45 calendar days after receipt of
written notice, make a cash payment to thE~ DISTRICT of whatever sum is required
to meet its required share of total costs.
16. In the event the CITY has made a cash contribution in excess of its required share
for total project costs, the DISTRICT shall, no later than 45 calendar days after the
final accounting is complete, subject to they availability of funds, return the said
excess to the CITY.
17. All requests for significant extra work subi~nitted by the Contractor, except for those
items which will be paid entirely by DISTFICT, must be approved by CITY before
the extra work is begun. CITY shall respond to DISTRICT within five (5) working
days with comments. DISTRICT's cost share of extra work shall be 79 percent,
except that those items specifically requested by the DISTRICT for the benefit of
DISTRICT shall be paid for completely by DISTRICT, and items specifically
requested by CITY for the benefit of CITY shall be paid for completely by CITY.
Extra costs incurred by Contractor by rea:~on of awaiting CITY approval of extra
work requests shall be the exclusive resp~ansibility of CITY and shall not be shared
by DISTRICT.
18. CITY's design engineer shall be available, at no cost, as required for the review of
Contractor submittals, request for information forms, changes, and estimates of
changes.
19. CITY will provide DISTRICT and construction contractor with sets of reproducible
plans for the project prior to the beginnings of construction and the DISTRICT will
provide CITY with a marked up set of bluE: line drawings indicating the "as built"
conditions at the completion of the project:. The CITY's design engineer will
complete the final "as-built" drawings.
20. Neither DISTRICT, nor any officer or employee thereof, shall be responsible for any
damage or liability occurring by reason of anything done or omitted to be done by
CITY under or in connection with any work, authority or jurisdiction delegated to
CITY under this Agreement. It is also understood and agreed that, pursuant to
Government Code Section 895.4, CITY shall indemnify and hold DISTRICT
harmless from any liability imposed for injury (as defined by Government Code
Section 810.8) occurring by reason of anything done or omitted to be done by CITY
under this Agreement.
21. Neither CITY, nor any officer or employee thereof, shall be responsible for any
damage or liability occurring by reason of anything done or omitted to be done by
DISTRICT under or in connection with any work, authority or jurisdiction delegated
to DISTRICT under this Agreement. It is ~~nderstood and agreed that, pursuant to
Government Code Section 895.4, DISTRICT shall indemnify and hold CITY
harmless from any liability imposed for injury (as defined by Government Code
Section 810.8) occurring by reason of anything done or omitted to be done by
DISTRICT under this Agreement.
22. DISTRICT will require any contractor awarded a contract for any portion of the
project to secure and maintain in full forces and effect at all times during construction
of the project and until the project is accepted by DISTRICT, public liability and
property damage insurance in forms and limits of liability satisfactory and
acceptable to both DISTRICT and CITY, naming DISTRICT and CITY and their
respective officers and employees as insureds, from and against any claims, loss
4
liability, cost or expense arising out of or in any way connected with the construction
of the project.
23. Before any party to this AGREEMENT m~iy bring suit in any court concerning an
issue relating to this AGREEMENT, such party must first seek in good faith to
resolve the issue through negotiation or other forms of nonbinding alternative
dispute resolution mutually acceptable to the parties.
WITNESS THE EXECUTION HEREOF the d~~y and year first hereinabove written.
CITY OF CUPERTINO
SANTA CLARA VALLEY WATER DISTRICT
Mayor Chief Executive Officer ~,~.5,,.,,,,,
CITY "DISTRICT"
ATTEST: ATTEST:
By: ~i
City Clerk
APPROVED AS TO FORM:
qty City Attorney
~'i ,
Bye
C erk of said and of Directors
APPI~OVED AS TO FORM:
.~
Gera Counsel
EXHIBIT A
COST ES"f I MATE
CONSTRUCTION
1 Upstream (flooding) $835,000
2 Downstream (Bike/pedestrian) $520,000
3. Erosion Stabilization $290,000
Subtotal $1,645,000
DESIGN/CONSTRUCTION ADMINISTRATION
1. Engineering Design /Administration $250,000
2. Environmental Permitting/CEQA $50,000
3. Construction Inspection /Administration $165,000
Subtotal $465,000
Total Project Cost $2,110,000
EXHIBIT B
CITY OF CUPERTINO -SANTA CLARA VALLEY WATER DISTRICT
COST-SHARE FOR BOLLINGER ROAD BRIDGE PROJECT
Calculations for determination of Santa Clara Valley Water District and City shares for
Bollinger Road Bridge using Modified Joint Guidelines
Cost of Project $2,110,000
Less Grants $0
Less District Paid Erosion work $372,000
Net Amount for City/District Cost Sh~iring $1,738,000
SCVWD share of width =
12 X (no. of existing lanes) + 6 ft. of shoulder +'/Z X (width of existing sidewalk) +'/z X
(width of safety curb and railing) _
(12X4) + (6) + ('/z X8) + ('/z X 4) = 60 ft.
City share of width = 76' - 60' = 16 ft.
SCVWD share of cost = (60/76 X $1,738,OOO;i + $372,000 = $1,744,000
City share of cost = (16/76 X $1,738,000) _ $366,000