AGENDA July 27 2010 4 2CATEGORY Consent
DEPT Public Works
CITY OF MOUNTAIN VIEW TITLE Permanente Creek Trail Highway 101 to
Old Middlefield Way Project 06 33
Approve Plans and Specifications andRelated Actions
RECOMMENDATION
1 Approve plans and specifications for Permanente Creek Trail Highway 101 to Old
Middlefield Way Project 06 33 and authorize staff to advertise the project for bids after
the City is informed by Caltrans when the encroachment permit will be issued
2 Authorize the City Manager to execute a Joint Use Agreement with the Santa Clara
Valley Water District SCVWD for Permanente Creek Trail
3 Authorize the City Manager to execute a Cost Sharing Agreement with the SCVWD and
appropriate funding based on the low bid award estimated at 665 000 in Project 06 33
for the design and construction of a floodwall This amount will be reimbursed to the
City by the SCVWD per the Cost Sharing Agreement Five votes required
4 Authorize the City Manager toexecute astandard maintenance agreement with the State
of California Department of Transportation Caltrans for the Permanente Creek Trail
Highway 101 overcrossing
5 Authorize the City Manager to execute a standard professional services agreement for
construction support and SCVWD floodwall design with Mark Thomas Company ofSan Jose for an amount not toexceed 240 000
FISCAL IMPACT
The Permanente Creek Trail Highway 101 to Old Middlefield WayConstructionProject 06 33 is funded with 8 350 000 from the Shoreline Community Fund 8 250 000 and
a Transportation Fund for Clean Air grant 100 000 With the recommended
665 000 appropriation funding in Project 06 33 would increase to 9 015 000
Based on the latest cost estimate there are sufficient funds tocomplete the project within
budget The standard maintenance agreement with Caltrans obligates the City to provideongoing maintenance of the overcrossing Routine maintenance of the overcrossing and
undercrossing after it opens is expected to cost the City approximately 5 000 annually
AGENDA July 27 2010
PAGE 2
BACKGROUND AND ANALYSIS
The Permanente Creek Trail Pedestrian Overcrossing Project 06 33 includes apedestrianbicycle overcrossing of Highway 101 and an undercrossing of Old Middlefield Way to extend
the trail from its current terminus north of Highway 101 to the south side of Old Middlefield
Way
The project will provide a new pedestrian and bicycle connection between the North
Bayshore Area businesses the Shoreline park recreational area and the Bay Trail on the north
side of Highway 101 and the residentialindustrial commercial areas in the Rengstorff and
Stierlin neighborhoods on the south side of Highway 101
On October 13 2009 the Council approved the design concept of the overcrossing and
undercrossing Attachment 1 and authorized staff to complete the design Staff has been
working with the SCVWD and Caltrans for several years tosecure encroachment permits to
construct the project The SCVWD permit is expected by late July 2010 and the Caltrans
permit is expected by late August 2010 Staff recommends advertising the project for bids
after Caltrans notifies the City when the Caltrans encroachment permit will be issued The
Caltrans approval process has been unusually long and staff anticipates hearing from
Caltrans in July 2010 The recommended actions will allow staff to advertise the project for
bids during the Council recess if the City hears from Caltrans in August
loint Use Agreement aUA with the SCVWD
As a condition of the City s permit from the SCVWD the City must enter into a new JUAAttachment 2 for Permanente Creek Trail to replace the existing JUA executed onJune 25
1996 The JUA sets forth the City s operation and maintenance responsibilities for the trail on
SCVWD property In general the agreement stipulates that the City is responsible for the
operation and maintenance of the trail including signage trash removal graffiti abatement
patrols and impacts to SCVWD facilities arising from trail use on its property The new JUAis consistent with the existing Permanente Creek and Stevens Creek Trail JUAs The City
Attorney s Office and the Public Works Finance and Administrative Services and
Community Services Departments have reviewed the new JUA The SCVWD s Board of
Directors is scheduled to take action on the agreement onJuly 27 2010
Cost Sharing Agreement with the SCVWD
The SCVWD s proposed Permanente Creek flood protection project includes 2 to 3 highfloodwalls along Permanente Creek north of Highway 101 including on the east side of the
creek where the City s pedestrian overcrossing is proposed The SCVWD expressed concern
that the floodwalls would be more difficult and costly toconstruct after the City s overcross
ing isbuilt and requested that the City include floodwalls in the City s project on the east side
of the creek between Highway 101 and Charleston Road The floodwalls would be
AGENDA July 27 2010
PAGE 3
constructed between the columns under the City s structure and adjacent to the trail betweenthe structure and Charleston Road The SCVWD proposed reimbursing the City s design andconstruction costs associated with the floodwalls which are estimated to be 665 000 Therecommended actions include authorizing the City Manager to execute the Cost SharingAgreement Attachment 3 and appropriating funds to the project to cover the cost which
will be reimbursed by the SCVWD The SCVWD s Board of Directors is scheduled to takeaction on the agreement onJuly 27 2010
Caltrans Maintenance Agreement
Caltrans requires execution of a standard maintenance agreement for structures within their
right of way such as this one Attachment 4 The agreement defines the operational andmaintenance responsibilities of the City and contains language similar to that for other Cityowned bridges over Caltrans right of way After the completion of construction the City will
be responsible for the long term maintenance of the structure including graffiti removal The
State will be responsible for the biennial structural bridge inspection and forwarding the
inspection reports to the City The City will be required to correct any defect listed in the
Caltrans structural inspection Staff recommends that the City Council authorize the CityManager to execute the agreement
Construction Support
MarkThomas Company MTC the civil engineering firmthat prepared the project plansand specifications will be retained to review contractor submittals assist staff with technical
issues respond to field issues that may arise clarify plans and specifications provide specialinspection during pile driving operations and prepare the as built drawings afterconstruction MTCs scope of work is attached Attachment 5 The scope of work also
includes SCVWD floodwall design which will be reimbursed by SCVWD per the Cost
Sharing Agreement Staff believes the fee for these services is reasonable and consistent withthat of projects of similar scope and construction cost
Status of Grant Applications
On February 23 2010 Council adopted a resolution approving an application for a
125 000 Trails and Open Space grant On June 15 2010 the SCVWD Board of Directors
awarded the 125 000 grant to the City and it is anticipated we will receive the funds by the
end of 2010 When the funds are received staff will return to Council toappropriate the
funds to the project and offset other funding
AGENDA July 27 2010
PAGE 4
The total estimated construction cost is as follows
ConstructionConstruction ContingencyUtility RelocationConstruction Support Services
City Project ManagementConstruction Inspection and TestingCHP Traffic Support for Freeway Detour and Closure
Bid and Other Services
Subtotal
City Administration
Project Reserve
TOTAL CONSTRUCTION COST
6 865 000600 000
125 000
225 000
30 000
400 00035 000
10 000
8 290 000
540 000
185 000
9 015 000
Staff expects to hear from Caltrans about the timing of the permit advertise for bids in
August 2010 and have Council take action toaward a construction contractby October 2010
PUBLIC NOTICING
Agenda posting Additional notices of the project schedule and construction related impactswill be provided tonearby residents and businesses prior to and during construction
ldApproved by
flMichael A FullerPublic Works Director
lb4Sean R Rose
Senior Civil Engineer
Kevin C DugganCity Manager
SRR 8 CAM908 07 27 10M
AGENDA July 27 2010PAGE 5
Attachments 1
2
3
4
5
Project RenderingsJoint Use Agreement with Santa Clara Valley Water District
Cost Sharing Agreement with Santa Clara Valley Water District
Caltrans Maintenance AgreementConstruction Support Proposal from Mark Thomas Company
cc Ms Usha Chatwani P E
Associate Civil EngineerSanta Clara Valley Water District
5750 Almaden ExpresswaySan Jose CA 95118
Mr Saeid Hosseini
Senior Project ManagerSanta Clara Valley Water District
5750 Almaden ExpresswaySan Jose CA 95118
Mr Michael Fisher
Project ManagerMark Thomas Company1960 Zanker RoadSan Jose CA 95112
Mr Nick SalehCaltrans District 4
111 Grand Avenue
Oakland CA 94623
Mr Hassan NikzadCaltrans District 4
111 Grand Avenue
Oakland CA 94623
ACA Dobson CSD DE CE USM SAA Burgess SCE Rose F c 06 33
f41ITt
WrvC
7 0
Attachment 2
File City of Mountain ViewPermanente Creek
JOINT USE AGREEMENT
Permanente Creek Trail
from San Francisco Bay to Old Middlefield Way
Santa Clara Valley Water District a California Special District hereinafter referred to as Districtand the City of Mountain View a California charter city and municipal corporation of the State ofCalifornia hereinafter referred to as City agree this day of 2010
Agreement Effective Date as follows
Background
A Whereas District is the owner of certain real property hereinafter the Premisesdescribed on Exhibit A hereto so marked and by this reference made a part hereof A
portion of Permanente Creek is located within the Premises
B Whereas City desires to construct a public pathway known as the Permanente CreekTrail for pedestrians and bicycles along Permanente Creek consistent with the City s
General Plan The trail is a regional recreational and transportation resource
C Whereas local regional and state funds are being used to construct the PermanenteCreek Trail including major infrastructure such as pedestrian bridges and roadwayundercrossings and overcrossings
D Whereas District adopted a resolution in September 2008 intending to implement a flood
protection improvement project on Permanente Creek that includes channelmodifications within the Premises The project planning report was released in August2008 and the draft environmental impact report was released for public review in
September 2009
E Whereas the City has an interest in using the Premises to enable the City to providecertain recreational opportunities to the public that do not unreasonably interfere with theDistrict s use of the Premises to carry out its mission of flood protection water resource
management and stream stewardship
F Whereas the parties acknowledge that this Agreement is intended to incorporate and
replace those previous agreements for joint use of the Premises entered into betweenDistrict and City for Permanente Creek on January 1 1992 and June 25 1996
G Whereas the parties find it to be in the public interest to provide for joint use of thePremises by means of an Agreement under the terms and conditions set forth in this
Agreement
Now therefore the parties agree as follows
1 Purpose and Limitations ofUse District hereby grants permission to City to use thePremises for the following purpose and subject to the following limitations of use
PurooseFor public use of a bicycle and or pedestrian trail including construction of
bridges underpasses and overcrossings and trail related incidents such as
signs fencing and gates that are first approved by the District as evidenced byissuance of a District permit
Limitations of UsePublic access on the trail within the Premises must only be passive in nature
Hence picnic facilities barbeques fires dogs or other domestic animals excepton leash equestrian use and any type of motorized cyoles are not permitted on
the Premises and City must ensure thatsuch uses do not occur on the Premises
2 Trash and Litter Removal City will provide for trash removal on the Premises that is
reasonably likely to have been generated from the public s use of Permanente Creek
Trail City will be responsible for maintaining and emptying trash receptacles and rubbish
removal as reasonably necessary District will retain its Good Neighbor Maintenance
Program as funding resources may allow to respond to reports of trash alongPermanente Creek District will also manage the Adopt A Creek program providing an
opportunity for local community volunteers to participate in the litter pick up
3 Graffiti Removal City will provide graffiti removal in compliance with City s graffitiabatement program including graffiti removal from signs installed in conjunction with
and or accessory to the establishment of a public pathway consistent with its
implementation of the same program at comparable City facilities City has primaryresponsibility for removal of graffiti on the Premises reasonably attributed to trail use
4 Security The public trail contained within or adjacent to the Premises must be
reasonably patrolled by City personnel and or ranger services under contract with Cityand or volunteers supervised by City District has no obligation whatsoever to provide or
pay for any such patrol services
5 Public Complaints City is responsible for responding to all public complaints and
inquiries regarding City s improvements on the Premises including the public trail
6 Removal of Improvements If District reasonably requires that any City improvement on
the Premises be removed or relocated the City will do so at its own expense within 90
days of receiving notice from the District District will inform City of its preconstructionplanning in the event a District flood protection project or maintenance is performed on
the Premises in order to minimize District s project impact on City s improvementslocated on the Premises
7 Water Level Fluctuations It is expressly understood by City that the level of water upon
the Premises may fluctuate from day to day due to controlled or uncontrolled flows uponand across the same City is responsible for the control of or limiting the public s use of
Premises because of such water levels flood flows or for any other reason City is
responsible for determining the conditions underwhich to exercise said control for limitingof use of Premises to ensure the well being and the health and safety of members of the
public using the Premises
8 Slgnage The parties will work together to create and install signage that benefits the
programs of each party such as warnings entrance signage interpretive signs and jointuses when applicable The Deputy Operating Officer of the District and the City s Parks
Director or their respective designees will meet on aperiodic basis to plan the installation
of appropriate signage which serves the needs of both parties All signs placed on the
Premises by City except existing signs that identify the facility eg Permanente Creek
Trail by name must include a District logo in equal size and symmetrical relationship to
other logos contained on such signs In addition all City signs City posters or City flyersplaced on the Premises that describe water resources must be developed in conjunction
with the District s Watershed customer relations staff Each party is responsible for themaintenance and upkeep of its signage installed on the Premises
9 Bird Nesting Season Any construction and maintenance work during nesting season
generally between February 1sl
and July 15th will be avoided whenever possible Ifconstruction or maintenance work must be done during the nesting season a preconstruction survey by a qualified biologist must be undertaken to determine the
presence of nesting If nesting is reported the biologist will be expected to recommendthe implementation of adequate mitigation measures Environmental impacts will beconsidered prior to all work Any and all work related to this Section 9 will be completed inaccordance with applicable federal state and local environmental health and safetystatutes regulations ordinances and laws including but not limited to the federal
Migratory Bird Act of 1918 Clean WaterAct Endangered Species Act the Califomia Fishand Game Code and the Porter Cologne Act and any current and future amendmentsthereto
10 Maintenance and Repair District is responsible for performing routine maintenance on
the Premises for flood protection and water management purposes in a manner
consistent with its maintenance of other comparable creeks and groundwater rechargefacilities City shall be responsible for the maintenance safe upkeep and repair of all
City s improvements including recreational improvements on the Premises In non
emergency situations City and District staff will meet whenever necessary for the
purpose of scheduling routine maintenance including but not limited to
a Maintenance issues related to improvementsb Method and timing of issues related to affected wildlife andc Non mergency work requiring the use ofheavy equipment barricading and or
restricting access to the Premises
11 Unimpeded District Access City understands that District must have absolute free and
unimpeded access to the Premises to carry out its maintenance and operationalactivities City will bear the cost and expense of any security police or other expendituresthat are necessary to temporarily prohibit or control public access to the Premises thatthe District would not ordinarily incur to carry out its maintenance and operationalactivities on the Premises Damage to any District improvement arising from the City s or
Public s use ofthe Premises is the responsibility ofthe City
12 Construction of City Improvements The City may construct an improvement on thePremises only if all of the following conditions are satisfied i District determines thatsuch improvement does not unreasonable interfere with the District s current or futureuse of the Premises ii such improvement receives prior review by and approval of the
District as evidenced by issuance of a District permit and iii such improvementincluding the construction thereof is compliant with all applicable legal and permittingrequirements including California Environmental Quality Act requirements
13 Damage to City s Improvements on District Premises District is not responsible for
any damage occurring to the City s improvements or structures within the DistrictPremises and all such costs for repairing said damage will be borne by City that resultsfrom the District s maintenance construction or reconstruction activities or from its water
management and or flood control facilities located on or near the Premises includingwithout limitation any flood flows or inundation onto the Premises except where
damage is a result of DISTRICTs active negligence DISTRICT and DISTRICTs agentsshall endeavor to not damage or destroy improvements made by CITY
14 Term of Agreement and Renewal Option The term of this Agreement including the
rights and obligations contained therein is twenty five 25 years commencing on the
Agreement Effective Date The City upon providing the District with no less than 90 days
written notice but no more than 180 days notice prior to the expiration of the initial 25
year term may renew this Agreement for an additional 25 year period
15 Tennlnatlon ofAgreement for Cause A party may terminate this Agreement for cause
after providing the other party with at least 90 days written notice of such cause and its
intent to terminate this Agreement For purposes of this Section 15 for cause means a
material breach of this Agreement including without limitation a breach of a party s
maintenance responsibilities and responsibilities to maintain its improvements in a safemanner If there are any deficiencies that can be corrected by either party neither partywill terminate this Agreement without first providing the other party an opportunity to
correct such deficiency within said 90clay written notice period or such longer period as
agreed to by the non breaching party in writing Upon the termination or expiration ofthis
Agreement City must remove its improvements from the Premises and leave thePremises in a condition as near as reasonably practical to its condition prior to the
installation andor development ofsuch improvements
16 Indemnification by City City will assume the defense of indemnify and hold harmless
District its officers agents and employees from all claims liability loss damage and
injury of any kind nature or description directly or indirectly arising during the initial termof this Agreement or any renewal thereof that results from the i City s and or public s
use of the Premises or from the City s andor public s use of property adjacent to thePremises or ii from acts omissions or activities of City s officers agents employeesor independent contractors employed by City excepting claims liability loss damage or
injury arising from the willful or negligent acts omissions or activities of an officer agentor employee of District
17 Indemnification by District District will assume the defense of indemnify and hold
harmless City its officers agents and employees from all claims liability loss damageand injury of any kind nature or description directly or indirectly arising during the initial
term of this Agreement or any renewal thereof that results from District s negligence or
willful misconduct in carrying out its activities on the Premises excepting claims liabilityloss damage or injury arising from the willful or negligent acts omissions or activities of
an officer agent or employee of City
18 Notices Any and all notices required to be given hereunder will be deemed to have been
delivered upon deposit in the United States mail postage prepaid addressed to either of
the parties at the address hereinafter specified or as later amended by either party in
writing
CityCity ofMountain ViewP O Box 7540Mountain View CA 94039 7540Attention City Manager
DistrictSanta Clara Valley Water District5750 Almaden ExpresswaySan Jose California 95118Attention Clerk of the BoardMth a copy to the Watershed Manager
19 Successors and Assigns This Agreement and all terms covenants and conditions
hereof will apply to and bind the successors and assigns ofthe respective parties hereto
City will neither assign nor sublet this Agreement without the prior written consent of
District
20 Choice ofLaw This Agreement is governed by California law
21 Amendments This Agreement may not be modified or amended except in writing signedby both parties
22 Compliance with Laws Each party must in all activities undertaken pursuant to this
Agreement comply and cause its contractors agents and employees to comply with all
federal state and local laws statutes orders ordinances rules and regulations
23 Not Real Property Interest It is expressly understood that this Agreement does not in
any way whatsoevet grant or convey any permanent easement fee or other interest in a
party s real property to the other party
24 Attorneys Fees In the event of a dispute between the parties with respect to the termsor conditions ofthis Agreement the prevailing party is entitled to collect from the other itsreasonable attorneys fees as established by the judge or arbitrator presiding over such
dispute
25 Entire Agreement This Agreement together with all exhibits attached heretoconstitutes the entire agreement between the parties and supersedes all prior written or
oral understandings
WITNESS THE EXECUTION HEREOF effective on the Agreement Effective Date hereinaboveset forth
APPROVED AS TO CONTENT
Community Services Director
FINANCIAL APPROVAL
Finance and Administrative
Services Director
APPROVED AS TO FORM
City Attorney
CityCITY OF MOUNTAIN VIEWa California Charter City and municipalcorporation
ByCity Manager
ByCity Clerk
DistrictSANTA CLARA VALLEY WATERDISTRICT a California Special District
Beau GoldieChief Executive Officer
ATTEST
Michele KingClerkBoard ofDirectors
APPROVED AS TO FORM
Anthony T FulcherAssistant District Counsel
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Attachment 3
COST HARING AGREEMENT
BETWEEN THE CITY OF MOUNTAIN VIEW AND
SANTA CLARA VALLEY WATER DISTRICT
FOR CONSTRUCTION OF DISTRICT S FLOODWALLAS PART OF THE CITY S PERMANENTE CREEK TRAIL
CHARLESTON ROAD TO OLD MIDDLEFIELD WAY PROJECT 06 33
This Cost Sharing Agreement Agreement is dated for identification this day of
2010 by and between the CITY OF MOUNTAIN VIEW a
California Charter city and municipal corporation whose address is P O Box 7450 MountainView California 94030 hereinafter CITY and the SANTA CLARA VALLEY WATER
DISTRICT a California Special DISTRICT whose address is 5750 Almaden Expressway SanJose CA 95118 hereinafter DISTRICT
RECITALS
WHEREAS CITY plans to begin construction in 2010 of a segment ofthe Permanente CreekTrail along the east bank of Permanente Creek from Charleston Road to Old Middlefield Wayhereinafter the Trail Project consistent with the CITY s General Plan and
WHEREAS the trail is a regional recreational and transportation resource and
WHEREAS DISTRICT adopted Resolution No 08 63 Specifying Intention to ConsiderUndertaking a Work of Improvement Permanente Creek Flood Protection Project that includesconstruction of floodwalls from Shoreline Park to Highway 101 and
WHEREAS DISTRICT Adopted a Resolution No 10 58 certifying the Permanente Creek FloodProtection Final EIR and adopting Findings of Fact and Statement of Overriding Considerationsand
WHEREAS the CITY s Trail Project is partially on District property within the limits of its
Permanente Creek Flood Protection Project and
WHEREAS in order to reduce project costs and unnecessary duplicative work CITY andDISTRICT desire for the CITY to construct the portion of the DISTRICTs floodwalllying within
the limits ofthe CITY s Trail Project hereinafter the Floodwall Work at the DISTRICT s
expense and
WHEREAS in order to include the Floodwall Work in the construction of the Trail Project theDISTRICT provided the design of this Work to the CITY and
WHEREAS the CITYwill include the Floodwall Work in the contract documents scheduled to be
advertised for bid in July 2010 and
WHEREAS the CITY bid the Floodwall Work separately so that the cost of said Work could be
determined and
Cost Sharing AgreementBetween City of Mountain View and Santa Clara Valley Water District
Permanente Creek TraillFloodwall WorkPage 1 of 8
WHEREAS the CITY will award the construction contract for the Trail Project to the responsiblebidder submitting the lowest responsive bid hereinafter the Contractor and
WHEREAS the DISTRICT will reimburse the CITY for CITY s design costs incurred to
incorporate the Floodwall Work into the Trail Project and for the construction cost for the
Floodwall Work up to a specified sum for each expense as stated in this Agreement
NOW THEREFORE the parties hereto agree as follows
1 Scope ofAgreement
This Agreement is intended to set forth the general terms and conditions for the
construction of the DISTRICTS Floodwall Work to be constructed by the CITY as part of the
CITY s Permanente Creek Trail Charleston Road to Old Middlefield Way Project 0633 as wellas the obligations ofeach party with respect to construction construction management and
funding for the Floodwall Work The Floodwall Work is shown in detail in the project plansincluded herein as Exhibit A
2 Construction Costs
CITY issued a Notice to Bidders and bid documents for the Trail Projectand Floodwall Work and will selectthe responsible contractor submitting the lowest responsivebid for the Trail Project The construction cost of the Floodwall Workwill be the Contractors bid
cost hereinafter contract bid cost and as modified by the cost of any change orders
associated with the Floodwall Work authorized by the CITY and DISTRICT during construction
hereinafter Total Construction CostIn no event shall the DISTRICTs financial commitment
under this Agreement for the Total Construction Cost exceed 650 000 If the Total Cost
exceeds 650 000 the CITY and DISTRICT will negotiate and execute an amendment to this
Agreement
3 Design Costs
CITY STrail Project design consultant Mark Thomas and Company performed certain
services relating solely to incorporating the DISTRICTS Floodwall Work into the designdocuments issued for constructing the Trail Project DISTRICT will reimburse CITY for such
supplemental design expenses in a sum not to exceed 15 000 and in accordance with the
process outlined below in this Agreement
4 Obligations ofthe Parties
a CITY
1 CITY will select the responsible bidder submitting the lowest responsivebid for the Trail Project
2 CITY will provide DISTRICT with written notification of all bids received
within five 5 working days of bid opening
3 CITY will enter into an agreement acceptable to the DISTRICT with the
Contractor for the Floodwall Work on behalf of CITY and DISTRICT
Cost Sharing AgreementBetween City of Mountain View and Santa Clara Valley Water District
Permanente Creek TraillFloodwall WorkPage 2 of 8
CITY will manage the contract upon execution ofan agreement with theContractor
4 CITY will provide an invoice to the DISTRICT for the contract bid cost forthe Floodwall Work within 20 days of the date that the CITY awards theTrail Project construction contract
5 Provided the Contractor performs the contract to the CITY S satisfactionCITY will pay the Contractor the bid price as confirmed by contract with
the Contractor and as modified by the cost of any change ordersauthorized by the CITY during construction hereinafter Total
Construction Cost to construct the Floodwall Work
6 CITY shall invoice DISTRICT for the cost of change order amounts
pertaining to the Floodwall Work authorized by the CITY and theDISTRICTupon completion ofthe Floodwall Work and final payment bythe CITY to the Contractor for said work
7 CITY shall provide DISTRICT with copies of all records anddocumentation that relate to the work undertaken by CITY for whichpayment is being made under this Agreement including progresspayment invoices and proof of payments to its construction Contractor
8 CITY will submit any change orders pertaining to the Floodwall Work to
DISTRICT DISTRICT reserves its rightto approve said change ordersand accept the Work DISTRICT will provide any comments on changeorders to CITY within 5 business days of CITY s submission
9 CITY will submit an invoice to DISTRICT in an amount not to exceed15 000 within 20 days of the date that CITY awards aconstruction
contract for engineering services performed by CITY S Trail Projectdesign firm Mark Thomas and Company for the costs Total DesignCosts solely related to incorporating the DISTRICTS Floodwall Workinto the design documents issued for constructing the Trail Project
b DISTRICT
1 DISTRICT will pay the invoice from CITY for the contract bidcost for the Floodwall Work up to the bid amount for the FloodwallWork as specified in section 4a 4 within 30 days of receipt ofinvoice from CITY
2 Upon completion of the Floodwall Work and final payment by the
CITY to the Contractor for said work CITY will submit an invoice
to DISTRICT for reimbursement of the cost ofthe additional work
as modified by any approved change orders for the Floodwall Work
3 Upon receipt by CITY offinal bill from its design consultant for
performing the Total Design Costs for the Floodwall Work CITY willinvoice DISTRICT for such costs
Cost Sharing AgreementBetween City of Mountain View and Santa ClaraValley Water District
Permanente Creek Trail Floodwall WorkPage 3 of 8
4 DISTRICT will pay CITY in full for the Total Construction Cost and Total
Design Cost of the Floodwall Work specified in Section
4 b 2 and 3 above within 30 days from the invoice date
5 Administering Agent
In implementing this Agreement CITY is the administering agent and as such shall
possess all powers common to both DISTRICT and CITY that may be necessary to effectuatethe purpose ofthis Agreement subject only to the manner of exercise of such powers providedherein and the restrictions imposed by law upon CITY in exercise of such powers
6 Project Managers
The designated project manager for the CITY for the duration of the Trail Project is SeanRose CITY s Project Manager has all the necessary authority to direct technical and
professional work within the scope of the Agreement and serves as the principal point of contact
with CITY The designated project manager for DISTRICT for the duration of the FloodwallWork is Saeid Hosseini DISTRICTs Project Manager has all the necessary authority to review
approve and accept technical and professional work within the scope ofthe Agreement and
serves as the principal point of contact with DISTRICT
7 Hold Harmless
In lieu ofand notwithstanding the pro rata risk allocation which might otherwise be
imposed between the parties pursuant to Govemment Code Section 895 6 the parties agreethatall losses or liabilities incurred by a party shall not be shared pro rata but insteadDISTRICT and CITY agree that pursuant to GovemmentCode Section 895 4 each of the
parties hereto shall fully indemnify and hold each ofthe other parties their officers boardmembers employees and agents harmless from any claim expense or cost damage or
liability imposed for injury as defined in Government Code Section 810 8 occurring by reason
ofthe negligent acts or omissions or willful misconduct of the indemnifying party its officers
employees or agents under or in connection with or arising out of any work authority or
jurisdiction delegated to such party under this Agreement No party nor any officer boardmember or agent thereof shall be responsible for any damage or liability occurring by reason ofthe negligent acts or omissions or willful misconduct ofthe other party hereto its officers boardmembers employees or agents under or in connection with or arising out of any work
authority or jurisdiction delegated to such other party under this Agreement The obligations set
forth in this paragraph will survive termination and expiration of this Agreement
8 Miscellaneous Provisions
a Force Majeure
In the case ofa force majeure event CITY may terminate thisAgreement uponten 10 days notice to DISTRICT As used herein force majeure event means any matter or
condition beyond the reasonable control of CITY including war public emergency or calamityfire earthquake extraordinary inclement weather strikes labor disturbances or actions civil
disturbances or riots litigation brought by third parties against CITY or any act of a superiorgovernmental authority or court order which delays or prevents CITY from recommencing the
performance of its obligations or administering construction of the Floodwall Work under
Sections 3 and 4 ofthis Agreement
Cost Sharing AgreementBetween City of Mountain View and Santa Clara Valley Water District
Permanente Creek TraillFloodwall WorkPage 4 of8
b Claims
Claims related to the design ofthe f100dwall will be administered by the DISTRICTAll other claims arising out of actions subject to this Agreement shall be administered by the
City The obligations ofthe parties as stated in this paragraph will survive the termination and
expiration of this Agreement
c Assignment
Neither party may assign or transfer any interest in this Agreement without the priorwritten consent of the other
d Notices
All notices and other communications required or permitted to be given under this
Agreement shall be in writing and may be delivered by hand by facsimile transmission with
verification of receipt or by United States mail postage prepaid and return receipt requestedaddressed to the respective parties as stated below or to such other address as any party may
designate by notice in accordance with this section Notice shall be deemed effective on thedate delivered or if appropriate on the date delivery is refused
To CITY Department of Public Works
CITY of Mountain View500 Castro StreetMountain View CA 94043
Attn Sean Rose Senior Civil Engineer
To DISTRICT Office of the Chief Executive OfficerSanta Clara Valley Water DISTRICT5750 Almaden ExpresswaySan Jose CA 95118Attn Saeid Hosseini Senior Project Manager
f Successors and Assigns
The terms of this Agreement shall be binding and inure to the benefit of the partieshereto and their successors and assigns
g Governing Law
CITY and DISTRICT agree that the law governing this Agreement shall be that ofthe State ofCalifornia
h Compliance with Laws
CITY and DISTRICT shall comply with all applicable laws ordinances
Cost Sharing AgreementBetween City of Mountain View and Santa Clara Valley Water DistrictPermanente Creek Trail Floodwall Work
Page 5 of 8
codes and regulations of the federal state and local governments
i Venue
In the event that suit shall be brought by either party to this Agreement the partiesagree that venue shall be exclusively vested in the state courts of the County of Santa Clara or
if federal jurisdiction is appropriate exclusively in the United States District Court NorthernDistrict ofCalifornia San Jose California
j Headings
The headings of the sections and subsections of this Agreement are inserted for
convenience only They do not constitute a part of the Agreement and shall not be used in its
construction
k Waiver
The waiver by any party to this Agreement of a breach of any provision of this
Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach of
that or any other provision ofthis Agreement The parties waiver ofany term condition or
covenant orbreach ofany term condition or covenant shall not be construed as a waiver of
any other term condition or covenant or breach of any other term condition or covenant
I Integration
This Agreement including all exhibits attached hereto represents the entireunderstanding of the parties as to those matters contained herein No prior oral orwritten
understanding promises negotiations or representations shall be of any force or effect with
respect to those matters covered hereunder This agreement may only be amended by written
agreement executed by both parties
m Severability
If any term condition covenant or provision of this Agreement or the applicationthereof to any person or circumstance is held by a court ofcompetent jurisdiction to be invalid
void or unenforceable the remaining provisions of this Agreement shall remain in full force andeffect and shall be valid and binding on DISTRICT and CITY
n Amendment
This Agreement may be amended in writing and signed by both parties
o Entire Agreement
This Agreement contains the entire understanding between the parties with respectto the subject matter herein There are no representations agreements or understandingswhether oral or written between or among the parties relating to the subject matter of this
Agreement which are not fully expressed herein
Cost Sharing AgreementBetween City ofMountain View and Santa Clara Valley Water District
Pennanente CreekTraillFloodwall WorkPage 6 of8
p Term
The term of this Agreement shall commence upon execution of the Agreement byboth parties and terminate following payment in full by DISTRICT to CITY as outlined in Section3 ofthis Agreement
q Execution
This Agreement may be executed in counterparts and will be binding as executed
r Termination
1 Either DISTRICT or CITY may upon thirty 30 days written notice terminate this
Agreement at any time prior to CITY s commencement of the Trail Project
2 Once the Trail Project work commences this Agreement may be terminated onlyupon the mutual written consent and terms acceptable to both Parties
s Third Parties
This Agreement is entered into only for the benefit of the Parties executing this
Agreement and not for the benefit ofany other individual entity or person
Cost Sharing AgreementBetween City of Mountain View and Santa Clara Valley Water DistrictPermanente Creek Trail Floodwall Work
Page 7 of8
IN WITNESS WHEREOF this Agreement is executed by CITY and DISTRICT
CITY OF MOUNTAIN VIEW a California Charter City and municipal corporation
APPROVED AS TO CONTENT CITY OF MOUNTAIN VIEW a California
municipal corporation
By ByPublic Works Director City Manager
FINANCIAL APPROVAL
ByFinance and Administrative Services Director City Clerk
APPROVED AS TO FORM
City Attorney
SANTA CLARA VALLEY WATER DISTRICT California Special District
APPROVED AS TO FORM SANTA CLARAVALLEY WATER DISTRICTa local political agency of the State ofCalifornia
ByLESLIE ORTASenior Assistant District Counsel
ByBeau Goldie
Chief Executive Officer
Cost Sharing AgreementBetween City of Mountain View and Santa Clara Valley Water District
Permanente Creek TraillFloodwall WorkPage 8 of8
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Drafl 5 19 20 0 04 SCL 10l PM Lj9J8
AGREEMENT FOR MAINTENANCE OF
PERMANENTE CREEK PEDESTRIAN OVERCROSSINGIN THE CITY OF MOUNTAIN VIEW
Attachment 4
THIS AGREEMENT is made and entered into this day of 20 byand between the State ofCalifornia acting by and through its Department ofTransportationhereinafter referred to as STATE and the City of Mountain View hereinafter referred to as
CITY and collectively referred to as PARTIES
WITNESSETH
A WHEREAS on September 28 2009 Cooperative Agreement No 4 2259 was executedbetween CITY and STATE to construct aPedestrian Overcrossing POC on StateRoute 101 along Permanente Creek Trail in the City ofMountain View hereinafterreferred to as PROJECT and
B WHEREAS in accordance with Article 78 ofsaid Agreement Partners will execute a
separate maintenance agreement prior to completion ofPROJECT and
C WHEREAS the PARTIES hereto mutually desire to clarify the division ofmaintenance
responsibility as defined in Section 27 ofthe California Streets and Highways Code andtheir respective responsibilities as to the POC constructed under Cooperative AgreementNo 4 2259 and
D WHEREAS there is an existing Freeway Maintenance Agreement CL I0I PM
47 0 50 3 with CITY dated July 9 1962 This Maintenance Agreement does not replaceor supersede the Freeway Maintenance Agreement
NOW THEREFORE IT IS AGREED
1 Exhibit A consists ofplan drawings that delineate the areas within STATE right of waywhich are the responsibility ofCITY tomaintain in accordance with this Maintenance
Agreement
2 CITY must obtain the necessary Encroachment Permit from STATE s District 4Encroachment Permit Office prior toentering STATE right ofway to perform CITY
maintenance responsibilities This permit will be issued at no cost to CITY
3 PEDESTRIAN OVERCROSSING
3 1 CITY at CITY expense will maintain the deck surfacing and shall perform such
work as may be necessary to ensure an impervious andor otherwise suitable
surface and all portions ofthe structure above the bridge deck The bridgestructural maintenance shall be as provided for in Article 3 2 herein below The
above deck portions include but are not limited to chain link railings lightinginstallations all traffic service facilities provided for the benefit or control of
pedestrian traffic such as guide and regulatory signs bollards and striping and
debris and graffiti removal
14
Draft 5 J9 20 0 04 SCL JOI PM 49 8
CITY at CITY expense will be responsible for debris and graffiti removaloutside ofthe area reserved for exclusive freeway
3 2 CITY at CITY expense will perform structural maintenance for the entire POCstructure from south approach to north approach including the portions insideSTATE right of way
32 1 For the portion of the POC Structure Frame 2 from Hinge 1 to Hinge 2as shown in Exhibit A which is directly over State Route 101 STATE at no
cost to CITY will perform bridge inspection required by Federal Code and inaccordance with Federal Highway Administration Guidelines STATE will
provide toCITY the inspection results with specified deadlines formaintenance and correction work CITY at CITY s expense will provide the
required access equipment for said inspectionCITY at CITY s expense will perform the required structural maintenanceand or corrections and will not be relieved ofthe same in case ofa delay or
failure of STATE toperform bridge inspection At the PARTIES optionstructural maintenance may subsequently be contracted as a STATEmaintenance service to be paid for by CITY
3 2 2 In the event that CITY does not contract with STATE for the structural
maintenance CITY shall apply for an encroachment permit from STATEwhich will stipulate terms ofentry by CITY onto STATE s right of way forthe purpose ofperforming the structural maintenance commencing from thedate ofPROJECT completion and every two 2 years thereafter An
encroachment permit from STATE w ll also be required for any contractor ofCITY if CITY delegates its maintenance work to any party other than
STATE
3 23 In the event that CITY is informed of the need for structural maintenance on
the structure but is unable or refuses to perform its obligations under this
Agreement STATE reserves its right to protect the public by performing at
CITY s expense the structure maintenance
4 LANDSCAPED AREAS ADJACENT TO PEDESTRIAN CROSSING STRUCTURE
Responsibility for the maintenance of any plantings or other types of roadside
development lying outside of the area reserved for exclusive freeway use shall liewith CITY and not with STATE
2 4
Draft 5 19 20 0 04 SCL Ol PM 49 18
5 LEGAL RELATIONS AND RESPONSIBILITIES
5 1 Nothing within the provisions ofthis Agreement is intended to create duties or
obligations to or rights in third parties not parties to this Agreement or to affectthe legal liability ofa P ARTY to the Agreement by imposing any standard of care
with respect to the operation and maintenance ofSTATE highways and localfacilities different from the standard of care imposed by law
5 2 Neither CITY nor any officer or employee thereof is responsible for any injurydamage or liability occurring by reason of anything done or omitted to be done
by STATE under or in connection with any work authority or jurisdictionconferred upon STATE arising under this Agreement It is understood and
agreed that STATE shall fully defend indemnify and save harmless CITY and
all of its officers and employees from all claims suits or actions of every name
kind and description brought forth under and including but not limited to
tortious contractual inverse condemnation and other theories or assertions of
liability occurring by reason of anything done or omitted tobe done by STATE
under this Agreement
5 3 Neither STATE nor any officer or employee thereof is responsible for any injurydamage or liability occurring by reason of anything done or omitted to be done
by CITY under or in connection with any work authority or jurisdictionconferred upon CITY and arising under this Agreement It is understood and
agreed that CITY shall fully defend indemnify and save harmless STATE and
all of its officers and employees from all claims suits or actions of every name
kind and description brought forth under and including but not limited to
tortious contractual inverse condemnation or other theories or assertions of
liability occurring by reason of anything done or omitted to be done by CITY
under this Agreement
6 EFFECTIVE DATE
This Agreement shall be effective upon the date appearing on its face it beingunderstood and agreed however that except as expressly provided for in this
Agreement execution ofthis Maintenance Agreement shall not affect any pre
existing obligations ofCITY to maintain other designated freeway highway or
road areas pursuant to prior written agreements with STATE
3 4
Draft 5 9 20 0 04 SCL 0 PM 4q 11
IN ITNESS WHEREOF the parties hereto have set their hands and seals the day and yearfirst above written
THE CITY OF MOUNTAIN VIEW STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
ByCity Manager CINDY MCKIM
Acting Director ofTransportationAttest
City Clerk ByNADER ESHGHIPOUR Date
District 4 Deputy District Director
MaintenanceApproved as to form
City Attorney
4 4
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Attachment 5
MARK THOMAS COMPANY INCProviding Engineering Surveying and Planning Sewices
City of Mountain View
Additional Design Services Request
SCOPE OF SERVICES
for
PERMANENTE CREEK TRAIL
ROUTE 101 POC AND OLD MIDDLEFIELD WAY UNDERCROSSING
CONSTRUCTION SUPPORT SERVICES
This scope of services has been developed based on our understanding of the project goals MTCo
will render professional services for the design of an overcrossing of US 101 and undercrossing of
Old Middlefield Way for the Permanente Creek Trail We also understand that construction of this
project will be administered and inspected by the City of Mountain View and MTCo will provideconstruction support services The work with Caltrans Right of Way Route 101 will be covered
under a Caltrans Encroachment Permit and Caltrans will provide a bridge representative duringconstructipn Below are the engineering tasks to support the construction phase of this project Our
Scope of Services consists ofthe following seven major tasks
Task 1 Construction Support Services
Task 2 As Built Preparation
TASK 1 CONSTRUCTION SUPPORT SERVICES
Engineering support services performed under this task will involve the following
Mana ement Coordination11 1 Perform Project ManagementCaltrans Coordination Perform overall projectmanagement and administration duties for the construction phase of the project
11 2 Attend Construction and Other Meetings Attend and participate in construction kick off
meeting weekly construction meetings utility coordination meetings and other field meetings as
required during the construction ofthe project
113 Perform Periodic Field Reviews Perform periodic field reviews to ensure that the
construction is adhering to the approved Construction Drawings Discrepancies encountered if
any will be recorded and submitted to the Resident Engineer
Deilipn Clarification
12 1 Clarify the Intent ofthe Plans AndSpecifications Provide clarification to the intent ofthe
project plan quantities and specifications as requested
Page 1 of2 Updated June 11 2010
tif nllqi
122 Design Support for Contract Change Orders Provide design services for any requireddesign changes encountered during the construction period Assist the City to prepare a Contract
Change Order CCO package which includes plans quantities and estimate
1 23 Assist City Resident Engineer Provide assistance to the Resident Engineers as requestedA separate accounting will be provided and tracked for each assigned task
RFI Suhmittal Reviews
13 1 Respond to Requests for Information RFIs Catalogue and track written responses to
RFls received from the Contractor during the construction period
13 2 Provide Materials and Shop Drawing Reviews Review recommend approval of materials
and shop drawing submittals made by the Contractor including the following
Concrete and Asphalt Mix DesignsMiscellaneous Material SubmittalsPre Stress Shop Drawings bridge structures
Falsework Calculations bridge structure
Prepare Camber Diagrams bridge structure
Review Rebar Shop Drawings bridge structure
Suhconsultant Construction SUDnort
14 Subconsultant Construction Support Provide support by subconsultant specialists in the
applicable areas of geotechnical engineering electrical and landscape irrigation design Review
RFls review and approved applicable submittals assist with CCO s and visit to the construction
site when requested
Parikh Consultants see attachedscope from Gary Parikh
Hill Associates
AEC
TASK2 As Built PreDaration
2 1 Prepare As Built Plans Prepare a record of as built conditions based upon information
received from the Resident Engineer Convert AutoCAD drawings to Microstation drawings and
submit to Caltrans after completion ofthe project
Page 2 of2 UpdaredJunell 2010
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Geotechnical
Environmental
Materials TestingConstruction Inspection
Mark Thomas Company1960 Zanker RoadSan Jose CA 95126Attn Mr Po Chen
June 15 2010
205118 CON
Sub Cost Estimate Construction support services for foundations and consultation at
Permanente Creek Pedestrian Over crossing and Tunnel project Mountain View CA
Dear Mr Chen
As requested we are providing the cost estimate for construction support of the Permanente
Creek POC and the tunnel construction project The proposed pac structure across Rte 101 will
be supported on concrete driven piles There could also be some consultation during the tunnel
construction including review of dewatering program not a design As per our discussions the
schedule for the construction ofthe foundation elements is to be assumed as 3 weeks
A Observation ofDriven Piles and Consultation
Based on the information provided we understand that the preliminary estimate for
construction ofthese foundation elements and the tunnel work geotechnical aspects of it is
about 3 weeks 15 working days The field engineer will be at the site to observe the
foundation construction including pile driving and tunnel foundation construction In the event
there are substantial variations or issues that can develop he will communicate them to the RE
It is not the intent of the field engineer to dictate the contractor s means and methods of
construction operations but to be available to the RE for providing additional information and
support
Engineering support may be required as a post construction consultation or during the
dewatering program This would be related to consultation to discuss the fmdings and any
mitigation measures required The actual dewatering is normally performed by a specialtycontractor and that is not part of our scope Also we can provide consultation to the designteam and the City on an as needed basis
Based on the above understanding and assumptions we have also estimated the project engineer s
time based on our past experience
Based on the above discussions following is the detail cost breakdown for budgeting purposes
Main Office 2360 Qume Drive Suite A San Jose CA 95131 408 452 9000 FAX 408 452 9004 www PARIKHNET com
Mark Thomas Co
Permanente Creek pocrrunnel
June 15 2010
Page 2
A Field Observation ofFoundations Piles and Tunnelfoundations
Field Engineer 15 days x 9 hrs day @ 102 06hr 135 hrs @ 1 02 06hr 13 7781 0
Project Engineer 16 hrs @ 150hr est 2 400 00
Project Manager 8 hrs x 215hr est L720 00
Total 17 898 10
This estimate is based on the above assumptions The actual costs could be lower or higher than the
estimate depending upon the requested services and the contractor s schedule Our services will be
provided in accordance with the above rates on a time and materials basis The budget for theabove services is 17 8981O
Please be advised that we are performing a professional service and that our conclusions anddiscussions are professional opinions only All work done and all services provided are in
accordance with generally accepted Geotechnical engineering principles and practices No
warranty expressed or implied of merchantability or fitness is made or intended in connectionwith our work
Ifyou have any questions please feel free to contact me at your convenience
Very truly yours
PARIKH CONSULTANTS INC
Gary Parikh P E GE
Principal
m