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18. SCVWD Bollinger Rd. Calabazas Creek CITY OF CUPEI\TINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX: (408) 777-3333 PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM Ie AGENDA DATE March 20, 2007 SUBJECT AND ISSUE Adopt a Resolution Authorizing the City Manager to negotiate and execute a third amendment to the City's existing agreement with the Santa Clara Valley Water District for the reconstruction of the bridge on Bollinger Road over Ca1abazas Creek. BACKGROUND On January 16, 2001, the City Council authorized the execution of an agreement with the Santa Clara Valley Water District (SCVWD) for the reconstruction of the bridge on Bollinger Road over Calabazas Creek in order to increase the hydraulic capacity of the Calabazas Creek channel at the bridge and to widen Bollinger Road for bicycle lanes. The original agreement provides for the design and construction of extensive improvements to the existing bridge that will both enlarge the cross-sectional area of the box culvert to increase its capacity and lengthen the culvert to accommodate the widening of Bollinger Road. The original agreement calls for the City to administer the project design contract and for SCVWD to advertise, award and administer the construction contract. On May 3, 2005, the agreement was amended to reflect changes in the scope of the project. Those changes included: (a) altering the limits and extent of work in the Calabazas Creek channel in order to better protect and enhance the riparian habitat upstream of the bridge; (b) modifying the work in the channel to coordinate the project with a long-term flood risk management plan for the reach of Calabazas Creek between Miller Avenue and Wardell Avenue; (c) including a structural upgrade of the bridge necessary for widening the bridge; and (d) shifting the project management responsibilities from the City to SCVWD. On April 4, 2006, the agreement was again amended because construction of the project had been delayed by requirements of the environmental approval process, by SCVWD's obligations to its own project approval process, and by SCVWD's requirement that extensive redesign and physical modeling of the bridge's complex storm water flow characteristics be undertaken. The amendment called for SCVWD to pay for the added costs of the extensive hydraulic redesign and modeling and extended the term of the original agreement, which at that time was on the point of expiring. Printed on Recycled Paper IS"'/ The current project schedule calls for construction to commence in May 2007 and to be completed in December 2007. Because of the three-year delay of the project due to the hydraulic redesign and modeling and SCVWD's approval process, the current project construction cost estimate has escalated approximately 77% from the previous estimate. Because this escalation in the estimated cost of construction is primarily due to the delay resulting from SCVWD's aforementioned requirements, Staff has proposed to SCVWD a third amendment to the agreement that would limit the City's share of the cost of the project. Because of the significant escalation of the estimated cost of the proj ect mentioned above, Staff has proposed that the City's share of the project be limited to amount spent by the City to date plus the remainder of the funds already appropriated by the City to the project account. Based on the current cost estimate for the project, the City's share, limited in this way, would be less than the roughly 21 % share of the project's actual total costs that the City would be responsible to pay according to terms of the original agreement. FISCAL IMPACT Approval of the resolution will authorize the City Manager to negotiate an amendment to the existing agreement with the Santa Clara Valley Water District that will limit the City's share of the Bollinger Bridge project to the $369,900.00 already spent by the City on the project, plus an amount of approximately $156,000.00 already appropriated to Account No. 270-9443 in the adopted Capital Improvements Program. This total amount of approximately $525,900.00 would be significantly lower than the City's share of the project's currently estimated actual total costs. ST AFF RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 07-_: Authonzing the City Manager to execute a third amendment to the City's existing agreement with the Santa Clara Valley Water District for the reconstruction of the bridge on Bollinger Road over Calabazas Creek. Submitted by: Approved for submission: (-~ ( ~~ -+:==-o(L.-Ralph A. Qualls, Jr. \ Director of Public Works 1UL David W. Knapp City Manager /8-'1- DRAFT RESOLUTION NO. 07-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO THE CITY'S EXISTING AGREEMENT WITH THE SANTA CLARA V ALLEY WATER DISTRICT FOR THE RECONSTRUCTION OF THE BRIDGE ON BOLLINGER ROAD OVER CALABAZAS CREEK WHEREAS, the project to reconstruct the bridge on Bollinger Road over Calabazas Creek has been significantly delayed by the Santa Clara Valley Water District's requirement that an extensive redesign and physical modeling of the bridge's complex storm water flow characteristics be undertaken; and WHEREAS, the resulting delay due to the extensive redesign and modeling have led to a significant escalation in the estimated total actual project cost; and WHEREAS, the City of Cupertino believes that its responsibility for the escalation in cost thus caused should be appropriately limited. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to negotiate and execute a third amendment to the City's existing agreement with the Santa Clara Valley Water District for the reconstruction of the bridge on Bollinger Road over Calabazas Creek and take all necessary associated actions, including allocation and expenditure of funds, on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of March 2007, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 18~3