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

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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