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19 Calabazas Creek "2' I If,~ /, ....-:J . . . City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX: (408) 777-3333 I CUPERJINO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM It:>¡ AGENDA DATE A\JfiI4.2006 SUBJECT AND ISSUE Resolution No. 06-0l91: Authorizing the City Manager 10 execule a second 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. 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 existing box culvert bridge on Bollinger Road over Calabazas Creek does not currently have sufficient capacity to allow flows in the creek generated by the 100-year storm to pass through without causing flooding on adjacent streets and property. Although both the Santa Clara Valley Water District (SCVWD) and the City have an intrinsic interest in enhancing protection against future flooding, SCVWD, as the regional flood control agency, is designated by the agreement as having the primary interest in increasing the capacity of the bridge to handle the 100-year flows. By the same token, as owner of the Bollinger Road right of way, the City is designated by the agreement as having the primary interest in widening the roadway to provide 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. Under the terms of the agreement, the City has contracted with the consultant Winzler and Kelly to prepare plans, specifications, and estimates (PS&E). SCVWD, according to the agreement, is 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. Printed on Recycled Paper Construction of the project has 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 an extensive redesign and physical testing of the bridge's complex storm water flow characteristics be undertaken. Because of the additional delay and design expense involved in these items, the current proposed amendment (copy attached) calls for the agreement between the City and SCVWD to be extended beyond its current expiration of April 1,2006, to December 31,2009. It also calls for SCVWD to pay the project design consultant Winzler and Kelly for the additional design and testing work involved. It is now projected that SCVWD will advertise for construction bids for the project around September 2006, commence construction around April 2007 and complete construction around November 2007. It is hoped that related utility relocations will commence later this year. When questioned by City staff on the proposed length of the agreement extension, SCVWD informed the City that SCVWD proposed the extension in the term of the agreement to December 31,2009, on the advice of their legal counsel. Although SCVWD now projects the project to be complete by the end of 2007, their legal counsel has asserted that it is not unusual for claims related to SCVWD construction contracts to be submitted a year after completion of construction. FISCAL IMPACT The City's original proposed budget for design and construction was $467,774.00, budgeted under Account No. 270-9443 in the adopted Capital hnprovements Program. This funding is more than sufficient to cover the City's previously estimated share of $349,400.00 of the costs. Although the amendment anticipates an increase of $52,860.00 in the design consultant Winzler and Kelly's services contract, taking the total of the contract ftom $369,900.00 to $422,760.00, this additional cost is to be paid by SCVWD. So approval of the current amendment to the agreement will not assign any additional project cost to the City beyond the previously estimated share. However, since the City's share of the project costs are based on roughly a 21% share of the projects actual costs, the construction bids received could affect the City's share. Staff will advise Council of any potential change in the City's anticipated share of the project cost when construction bids are received. STAFF RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 06-11n: Authorizing the City Manager to execute a second 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: œ_c.ïir£"05<ÞI o ~ Ralph A. Qualls, Jr.. . Director of Public Works Approved for submission: W2L David W. Knapp City Manager 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 CALABAZASCREEK This AMENDMENT is made and entered into on , 2006, by and between the Santa Clara Valley Water District (DISTRICT) and the City of Cupertino (CITY), known collectively as PARTIES. It amends District Agreement 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 the completion of the PROJECT, WHEREAS the DISTRICT and the CITY wish to extend the term ofthe 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 include costs of the consultant for redesign ofthe PROJECT ftom the results of the Physical Model Study nor from the change ftom 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. 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. APPROVED AS TO FORM: SANTA CLARA V ALLEY WATER DISTRICT, A special district of the State of California. By: Stanley M. Williams Chief Executive Officer Debra Cauble District Counsel CITY OF CUPERTINO By: Charles Kilian City Attorney David. W. Knapp City Manager DRAFT RESOLUTION NO. 06-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND 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 WHEREAS, the project to reconstruct the bridge on Bollinger Road over Calabazas Creek has been delayed by requirements of the environmental approval process and by the Santa Clara Valley Water District's requirement that an extensive redesign and physical testing ofthe bridge's complex storm water flow characteristics be undertaken; and WHEREAS, the resulting delay and redesign and testing require the existing agreement between the City and Santa Clara Valley Water District to be extended beyond its current expiration of April I, 2006, to December 31, 2009, and additional design and testing costs; and WHEREAS, the Santa Clara Valley Water District has presented to the City Council an amendment to the existing agreement that will extend the agreement beyond its current expiration of April I, 2006, to December 31, 2009, and will assign additional design and testing costs to the Santa Clara Valley Water District, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to execute said amendment, a copy of which is attached hereto and made a part hereof, to the existing agreement between the City and Santa Clara Valley Water District agreement for the reconstruction of the bridge on Bollinger Road over Calabazas Creek and take all necessary associated actions on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of April 2006, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino