HomeMy WebLinkAboutStaff Report 436-0912
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: DECEMBER 14, 2009 CMR:436:09
REPORT TYPE: CONSENT
SUBJECT: Approval of a Cooperative Agreement with the City of Mountain View
for the San Antonio Road Bridge Overpass Repair Project -Capital
Improvement Program Project PE·06001
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or his designee to
execute the attached Cooperative Agreement with the City of Mountain View (Attachment A)
that will provide for the repair of the San Antonio Bridge overcrossing.
BACKGROUND
The San Antonio Road overcrossing at Alma Street was originally constructed in 1961 and was
seismically retrofitted in 1994. The structure has been maintained by the City of Mountain View
with cooperation from Palo Alto under an existing cooperative agreement for maintenance dated
August 31, 1979. The overcrossing consists of the main San Antonio Road structure and two
ramps leading to Alma Street. Approximately two-thirds of the bridge is in Mountain View and
one-third is in Palo Alto. After a routine bi-annual inspection in 2005, Caltrans placed the
structure on the list of "structurally deficient" bridges. The City of Mountain View subsequently
obtained a substantial Federal Highway Bridge Program (HBP) grant and a Gas Tax grant that
will provide the majority of the funding.
DISCUSSION
The San Antonio Road overcrossing has deteriorated to the point that it needs major upgrades in
order to prevent further deterioration and possible compromise of its structural integrity due to
deterioration in the reinforcing steel (rebar) due to water intrusion. The work will include
replacement of bridge railing portions, repair of curbs, sidewalks, vehicle barriers, joint seals and
placement of a concrete overlay over portions of the roadway. Traffic detours will be needed for
certain phases of this work, which have been reviewed and approved by the City of Palo Alto's
Planning and Community Environment Department's Transportation Division. The City of
Mountain View will notify residents of the impending project work via changeable message
signs on all approaches to the work area, newspaper and website postings. City of Palo Alto
staffwill include project and contact information on the City website and prepare a press release.
Page 1
On December 7, 2009, the City of Mountain View awarded a construction contract to American
Civil Constructors West Coast, Inc., for repairs to the San Antonio Road overcrossing in the
amount of $590,095 (Attachment B). The bulk of the funding for this repair will come from the
federal grant with the remaining local share coming jointly from Mountain View and Palo Alto.
The attached Cooperative Agreement with the City of Mountain View outlines cost, maintenance
and liability responsibilities for each jurisdiction. Since approximately 2/3 of the overpass is in
Mountain View and 1/3 is in Palo Alto, the Cooperation Agreement specifies that Mountain
View shall pay for 2/3 of the local matching fund costs and Palo Alto shall pay for 1/3 of the
local matching fund costs. The attached Cooperative Agreement is focused on the upcoming
construction project and does not replace the August 31, 1979, agreement which outlines
responsibilities for ongoing, day-to-day maintenance ofthe structure.
TIMELINE
The CitY of Mountain View anticipates that repairs will begin in January 2010 and last for
approximately two months.
RESOURCE IMPACT
The San Antonio Road overpass repair project, PE-06001, is funded in part by a $597,000
Federal Highway Bridge Program (HBR) grant. City of Mountain View matching funds in the
amount of $174,000 (66%) and City of Palo funding of $90,000 (34%) will make up the
remainder of the $861,000 total project. Funding for the City of Palo Alto share is available in
CIP PE-06001. Failure to approve the Cooperative Agreement with the City of Mountain View
would result in the loss of the $597,000 in federal funding, jeopardize the City of Mountain
View's ability to obtain federal grants in the future and increase future repair or replacement
costs due to deferred maintenance. A breakdown of the funding distribution is shown on
Attachment C.
POLICY IMPLICATIONS
This recommendation does not represent a change in City policy.
ENVIRONMENTAL REVIEW
The City of Mountain View is the lead agency for this project and has determined that the project
is maintenance work and as such is exempt from the California Environmental Quality Act
review pursuant to Section 15301, "existing facilities".
ATTACHMENTS
Attachment A: Cooperative Agreement
Attachment B: Bid Summary
Attachment C: Cost Estimate and Funding Distribution /'
/{----PREPARED BY:
CMR:436:09
Karen Ben{ard .
Senior Engineer
Page 2 of3
DEPARTMENT HEAD: IiROB~1U
Director of Public Works
CITY MANAGER APPROVAL:
JAMES
Page 3
ATTACHMENT A
COOPERATIVE AGREEMENT BETWEEN THE CITY OF MOUNTAIN VIEW AND
THE CITY OF PALO ALTO FOR
SAN ANTONIO ROAD OVERPASS REPAIR., PROJECT 05-22
, This contract is dated for identification this day of ,2009,
and is made by and between the CITY OF MOUNTAIN VIEW, a California Charter City
and municipal corporation, whose address is p.o. Box 7540, Mountain View, California,
94039 (hereinafter "MOUNTAIN VIEW"), and the CITY OF PALO ALTO, a CaIifornia
Charter City and municipal corporation, whose address is 250 Hamilton Avenue, Palo
Alto, California, 94301 (hereinafter "PALO ALTO").
RECITALS
WHE~AS, MOUNTAIN VIEW and PALO ALTO are parties to a maintenance
agreement between the CitY of Mountain View and the City of Palo Alto concerning the
San Antoiuo Road overpass; and "
WHEREAS~ MOUNTAIN VIEW is planning to make significant maintenance
improvements to th~ San Antonio Road overpass for the benefit of MOUNTAIN VIEW
and PALO ALTO as a portion of the bridge is located in each jurisdiction; and
WHEREAS, both MOUNTAIN VIEW and PALO ALTO will benefit from the
repairs rriade to the San Antonio Road overpass; and
WHEREAS, Federal funding is available for a significant portion of the actual'
construction cost of the project to rehabilitate the San Antonio Road overpass; and
WHEREAS, the Federal funding is contingent upon local matching funds for
nonconstruction COStsi and
WHEREAS, MOUNTAIN VIEW and PALO ALTO are mutually interested in the
project to rehabilitate the San Antonio Road overpass as it is 'in need of repair and
maintenance and it serves both communities; and,
WHEREAS, MOUNTAIN VIEW and PALQ ALTO have each agreed to contribute
to the project to rehabilitate the, San Antonio Road overpass;
, NOW, lHEREFORE, the parties hereto do agree as follows:
1.. Scope of Agreement. 'This Agreement is intended to set forth the general
terms and conditions for improvements to the San Antonio Road Overpass Repair,
Project 05-22 (hereinafter "Project"), as well as the obligations of each party with respect
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to design, bidding process, construction, construction management of the Project and
funding for the Project.
2. Construction Costs.
a. Bid:
MOUNT A1N VIEW issued a Notice to Bidders and bid documents for
the Project and ,selected the lowest responsible bidder. The bid was awarded to
AmeriCan Civil Constructors West Coast, Inc., of Benicia, Califorriia (hereinafter
"Contractor"). The Contractor's Project Proposal bid, including a contingency, is
attached hereto as Attachment 1. -
1. Grant. The California Department of Transportation ("Caltrans")
has authorized Federal Highway Bridge Program funding for the construction of the
Project in the amount of Eight Hundred Fifty-Four Thousand Three Hundred Fourteen
Dollars ($854,314).
2. Remainder of Costs. MOUNTAIN VIEW and PALO ALTO each
agree to pay their proportionate share of local matching or nonconstruction costs,
including; but not limited to, engineering design, project nianagement and
administrative costs as itemized in Attachment 2 to complete the Project.
Approximately two-thirds (2/3) of the San Arl.tonio Road overpass is located in
MOUNTAIN VIEW and one-third (1/3) is located in PALO ALTO. Accordingly,
MOUNTAIN ~W~s proportionate share-of the local matching funds for the Project
shall be sixty-six percent (66%) or $174,000 and PALO ALTO's proportionate share of
the local matching funds shall be thirty-four percent (34%). or $90,000.
3. Obligations of the Parties.
a.' Mountain View:
(1)' MOUNTAIN VIEW has concluded a bid process for. the Project in
accordance with State and local ~aws -and selected the lowest responsible bidder.
(2) MOUNTAIN VIEW will enter into an agreement with the
Contractor for the Project on behalf of MOUNTAlN VIEW and PALO ALTO.
MOUNTAIN VIEW will manage the contract upon execution of an agreement with the
Contractor.
(3) MOUNTAIN VlEW shall invoice PALO ALTO for its proportionate
share of the Project as set forth in Attachment 2.
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(4) MOUNTAIN VIEW will notify residents of the impending Project
work to be done, if necessary. .
(5) MOUNTAIN VIEW will provide all necessary engineering,
inspection. and administrative serVices in connection with the Project.
( 6) MOUNTAIN VIEW shall permit PALO ALTO to inspect the Project
work if PALO ALTO so requests.
(7) MOUNTAIN VIEW shall be responsible for all grant reporting and
compliance requirements.
(8) MOUNTAIN VIEW shall require the Contractor to list PALO
ALTO as an additional insur~d on its General Liability and Automobile Liability
insurance.
b. . Palo Alto:
(1) PALO ALTO will pay MOUNTAIN VIEW for its proportionate
share of the Project in two installments. PALO ALTO will make the first payment in the
amount of Forty-Five Thousand Dollars ($45,000) within thirty (30). days of
MOUNTAIN VIEW's execution of an agreement with the Contractor for the Project or
thirty (30) days after the City Council approves this Agreement, whichever is later.
PALO ALTO will make the second payment for the balance of its proportionate local
share of the Project (less any unexpended contingency) within thirty (30) days of receipt
of a final invoice from MO~AlN VIEW· following completion of the Project.
(2) PALO ALTb's proportionate share of the Project shall not exceed
the amount set forth in Attachment 2, except as otherwise provided in this Agreement.
4. Hold Harmless. Pursuant to Government Code Section 895.4, MOUNTAIN
. VIEW and PALO ALTO shall £ully indemnify and hold each other's city, its officers,
employees and agents harmless from any· damage or liability imposed for injury (as
defined by Government Code Section 810.8) ocCurring by the recent negligent acts or
omissions or willfulness conducted by the indemnifying party, its officers, employees or
agents under or in connection with any work, author·ityor jurisdiction delegated to
such party under this' Agreement. No party, nor 'any officer, employee or agent thereof
shall be responsible for any damage or liability occurring by reason of the negligent acts
or omissions or willful misconduct of the other parties hereto, their officers, employees
or agents, under or in connection with any work, authority or jurisdiction delegated to
such other parties under this Agreement.
5. Miscellaneous Provisions.
a. Access to Public Ri~ht-of-Wax:
Both parties agree to provide access to the public right-of-way for
purposes' of construction and.construction management of the Project. The parties shall
use their best efforts to enter into an encroachment agreement, as necessary, for that
purpose.
b. Construction Equipment:
Both parties agree to make space available for the Contractor(s)
equipment during the construction and construction management phases of the Project.
c. Early Termination:
(1) In the event that Caltrans does not provide fuitding at the level
anticipated by the parties for the Project, either party may elect to terminate this
Agreement by providing written notice of termination to the other party within sixty
(60) days.
(2) If, fol1~wing execution of the agreement with the Contractor Jor the
construction of the Project., the estimated Project costs increase and exceed the Project
. contingency, MOUNTAIN VIEW shall notify PALO ALTO promptly. Following
notification of the increased cost, PALO ALTO and MOUNTAIN" VIEW shall meet in a
timely manner to discuss alternative ~ding sources and strategies for completion of
the Project. If the parties are unable to agree on new funding amounts or to lQcate other
. sources of funding for the Project, then either .party shall have the right to terminate this
Agreement upon ten (10) days notice to the other.
(3) . In the eaSe of a force majeure event, MOUNTAIN VIEW may
terminate this Agreement upon ten (10) days notice to PALO ALTO. As used ~erein,
"force majeUre event" means any matter or condition beyond the reasonable control of
MOUNTAIN VIEW, indudiRg war, public emergency or calamity, fire, earthquake, .
extraordinary inclement weather, Acts of God, strikes, labor disturbances or actions,
civil disturbances or. riots, litigation brought by third parties against MOUNTAIN
VIEW, or any act of a superior governmental authority or court order which delays or
prevents MOUNTAIN VIEW from performing its obligations or administer
construction of the Project under Section 3 of this Agreement .
. (4) MOUNTAIN VIEW and PALO ALTO shall remain responsible for
Project costs incurred., whether before or after termination of this Agreement, in
connection with termination of the Project construction agreement, in the same
i f
proportion to eamorganization's monetary contribution as set forth in Section 2 of this
Agreement.
d. Claims:
Claims arising out of actions subject to this AgreemeJ:1.t shall be
administered by the city with jurisdiction over the geographic area in which the claim
arose.
e. . ASsignment:
Neither party may assign or tro\ffiSfer any interest in this Agreement
without the prior written consent of the other.
f. 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 arid
return receipt requested,addressed to the respective parties as follows:
Public Works Department
Attention: DirectOf of Public Works
City of Palo Alto
250 Hamilton Avenue, Sixth Floor
Palo Alto, CA 94301
Public Works Depart:r.i:tent
Attention: Public Works Director
City of Mbuntam View
. 500 Castro Street
Mountain View, CA 94041
or to such other address as any party may designate by notice in accordance with this
s~on.
A copy of any notice of a legal nature, including, but not limited to, any
claims against either party, its officers or employees shall also be served in the manner
specified above to the following addresses: .
City Attorney
City of Palo Alto
250 Hamilton Avenue, Eighth Floor
. Palo Alto, CA 94301
-5-.
City Attorney
City of Mountain View
500 Castro Street
Mountain View, CA 94041
Notice shall be deemed effective on the date deliver~d or,if appropriate, on the 'date
delivery is refused.
g. Attorney's Fees:
In the event either party breaches any of the terms, covenants or
provisions C?f this Agreement/and the other party commences litigation to enforce any
provisions of this Agreement, the cost.of attorney's fe~s and the attendant expenses.will
be payable to the prevailing party by the nonprevailmg party upon demand.
h. Successors and Assigns:
The terms ot this Agreement shall be binding and inure to the benefit of
the parties hereto and their successors and assignS. .
i. Governing Law:
The parties agree that the law governing this Agreement shall be that of
the State of California.
j. Venue:
In the event that stiit shall be brought by either party hereunder, the
parties agree that trial of such action· shall be exclusIvely vested in a State court in the
County of Santa Clara or, where appropriate, in the United States District Court for the .
Northern District of California, San Jose, California. .
k. Headings:
The headings of the sections and subsections of this Agreement are
inserted for conv.enierice only. They do not constitute a part of this Agreement and
shall not be used in its construction. .
1. 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 of this Agreement.
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m.' . Integration:
This Agreement, including all exhibits attached hereto, represents the
entire ,understanding of the parties as to those matters contained herein. No prior oral
or written understanding shall be of any force or effect with respect to those matters
covered hereunder. TIlls Agreement may only be amended by written agreement
executed by both parties. . .
n. Severability:
If any t~rm, covenant, condition or provision of this Agreement, or the'
application thereof to, any person or circumstance, shall to any extent be held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remainder of the
terms, covenants, conditions or provisions of thi~ Agreement, or the application thereof
to any person or circumstance, shall remain in full force and effect and shall in no way
be affected, impaired or invalidated thereby.
o. Amendment:,
This Agreement ~y be amended in writing ~d signed by both parties.
p. Entire Agreement:
This Agreement contains the entire understanding between the parties
with respect to the subject matter herein. There are no rep!esentations; agreements or
understandings (whether oral or written) between 'or among the parties relating to the
subject matter of this Agreement which are not fully expressed herein.
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IN WTINESS WHEREOF, this Agreement is executed by MOUNTAIN VIEW and
by PALO ALTO.
CITY OF MOUNTAIN VIEW,
a California Charter City and municipal
corporation
Public Works Director
FINANCIAL APPROVAL:
Finance and Administrative
Services Director
City Manager
City Clerk
APPROVED AS TO FORM:
City Attorney
JLQ/9/ ATY
OlO..Q6-12-09AA
CITY OF PALO ALTO,
a California Charter City and municipal
corporation
By: ______________ --------
Public Works Director
FINANCIAL APPROVAL:
Finance Director
B~ __ --------__ --------~
. City Manager
By: ____________________ __
City Clerk
APPROVED AS TO FORM:
City Attorney
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PROPOSAL FOR
SAN ANTONIO ROAD OVERPASS REPAIR, PROJECT 05-22
FEDERAL-AID PROJECT NO. BHLS 5124 (024)
TO: CITY CLERK
City Hall, 500 Castro Street, Third Floor
Mountain Vie-w, CA 94041
Na~e of Bidder: A'N!h!eA V> eli( t I Co"sl:ew:.br'l Wesl: Ct2(A.~i::fh c:: ~
Business Address: ;370/ 114/JA-t' ),12::."'1<-, tf~ nl c.,: A. cA 1~s-/o
, Business Phone: C. 70"'9 "}..." -SlQa,1
,~ceofReside~e:~~~, ~b.J~'~iA~,~cA~--____________________ ~ ____ ___
In aa:ordance with the Notice to Bidders, the undersigned as bidder, declares that he has
carefully e",mined the locations of the proposed work, the plans and specifications therefor
and the proposed forms of contract and bonds mentioned or referreq to in said Notice and on
file in the Public Works Deparbnent 0.£ the aty of Mountain View; and he proposes. and agrees
that if this proposal is accepted he will contract with the ety of Mountain View; in the form of
contract on file in the Publi~ Works Department, to, at his own cost and expense, do all the
work and furnish all the equipment, materials and labor, necessary to completely perform said
contract, in, the manner and time prescribed by said contract and plans and specifications and
according to the requirements of tJae Public Wqrb Director, a1)d to d~ aU oth~ things , ~,~ ..
provided-or called for by said contract form, and that he win execute and/or provide ~Il bortd~ .
a~d msUJ.!anee certificates required by law and/or by said contract and/ or ~tioned in said
Notice to Bidp,ers, all in accordance to and subject to all appli<:able laws, and that he win take
in fuJI payment therefor the following unit prices, to wit:
/
ATTACHMENT 1
Item
No.
1
2
3
4
5
6
7
8
9
10
11
12
13
SAN ANTONIO ROAD OVERPASS RBPAIR, PROJECT 05-22
FEDERAL-AID PR<?JECT NO. BHLS 5124 (024)
BID SCHEDULE
Item With Unit Price Written In Words Qty. Unit Unit
Price
Mobilization and Demobilization 1 Lump Lump
Sum Sum
. Project Safety Measures 1 Lump . Lump
Suni Sum
Traffic Control System. 1 Lump Lump
Sum Sum
Construction Area Signs 77 Each' 00 -l.s:a::: .
Temporary Railing (Type K) 660 Linear $;J.5~ Feet
Temporary Crash Cushion 22 Each $~OO.f9
.
Temporary Non-Sand Filled Crash Cusmon 1 Each " ModUle $.lfQQ
Portable changeable Message Sign 4 Each .f(} $-5"00,-
. Remove and Replace AC Surfacing 1 Lump. .lump
Sum Sum
)
Remove Concrete Barrier 59 Linear $/~O~ Feet
Structural Concrete, Bridge 2 Cubic $Ia~ (F) Yards
Portland Cement Concrete (Patch) 53 Cubic
$;J.?S;!E (F) Feet
Inject Crack (Epoxy) 30 Linear
$ :10. ffJ Feet
P .. 2
SJI{x)o-
$ I. 000-
'$ '~C>OO-
fJ9
$3~lf')O, -
$/1:. 5'"00. g!
$'-~tOO . e9
$3S0 o.!!9
$ ~cco. .92
slOW. qQ
co. $ RgS-O,.;..o-
$2o.0m~
$/'1S'75:$
. !It
$;). 700
14 Prepare Concrete Bridge Deck Surface 41,800 Sq~are $O.~ dJ.
(F) Feet $;;1.0 qaO;
15 Furnish Polyester Concrete Overlay 2,610 Cubic
$73? $lqOS30.~ (Fl Feet -"
16 Place Polyester Concrete Overlay 41,800 Square
$1.99 $n,tooflS (F) Feet
17 Joint Seal (MR 1") 52 Linear $7o.~ $3~6~O. QSl .(F) Feet
..
18 Joint Seal (MR 1 lh") 275 . Linear 00 $lqlJ.S-o.~ (F) . Feet $20.-
19 Bar Reinforcing Steel (Bridge) 2,000 Pounds $'l..~ $ L( 00029 (II)
20 Install Concrete Barrier 59 Linear
$'100.!! $~3.'09.~ . Feet
..
21 Remove and Replace Concrete Barrier 1 Lump LUnip
$ 10. OOO,Y1. Corner Section, Repair Location B3 Snm Sum
22 Minor Concrete (Curb and Gutter) 17 Cubic
$l,Soo.s $ 4:1 5"00,92 (F) . . .' 'A Yards
23 Miscellaneous Metal (Bridge) 1,000 Pounds y!9 $4.000.fB (Ill $ .
24 Reconstruct Metal Beam Guard Railing 1 Lump Lump 00
Sum Sum $ ~~St>o.-
Construction Contingency to Be Expended
25 OOy Upon Written Authorization from the 1 Lump Lump
Engineer Sum Sum $ 80.000.00
(F) -Final Pay Item per Section 9-1.015 of the State Stand~rd Specifications
.' ~
TOTAL BID $ S-90 oC<) s: ~ . 1
TOTAL BID WORDS: f=:",-e. ftNY"'-dv-ed n :t"\'efy t~OlA.SQ.:.,d Q..Y\i n; off'/. flll't, do/Iv S
rr~ce~j
P-3
Atta~ent2
SAN ANTONIO ROAD OVERCROSSING REPAIR
PROjECf 05--22 :
COST ESTIMATE AND FUNDING DISTRIBUTION
Funding Sourfes (rounded)
Mountain Palo
Fed@ral View Alto
Construction Estimate $ 590,000
Construction Engineering 85,000
Construction .subtotal $ 675,QQQ S597.ooo S 52.000 . $ 26.000
. Design 64,000 42,000 22,000
)PBPermit· 21,000 14,000 7,000 .
Other Services 5,000 3,000 2,000
Project Management 40,000 26,000 l~OOO
City Administration (6.S%) 56,000 37,000 12~
Soft Costs Subtotal 186,000 122,000 64,000
. TOTAL PROTHCI' $861.000 $59Z.ooo $174.000 .$2IU100 .
Estim.8ted Mountain View Costs $174,000
Current MountaiIl View Funding $ 78,000
Estimated Mountain View Shortfall $96,000
RANK
1
2
3
4
5
6
7
ATTACHMENT B
Atta~hment 1
SAN ANTONIO ROAD OVERPASS REPAIR,
PROJECT 05-22
SUMMARY OF BIDS
BIDDER BIDAMOUN1'
,
American Civil Constructors West Coast, Inc. -$590,095
Truesdale Corporation $608,608
Anderson Pacific, Inc. $689,750
Bugler Construction $722,611 .
William P. Young Construction $732,802
AJ Vasconi General Engineering $749,664
Disney Construction, Inc. $759,095
ENGINEER'S ESTIMATE $772,000
ATTACHMENT C
SAN ANTONIO ROAD OVERCROSSING REPAIR
PROJECT 05-22
COST ESTIMATE AND FUNDING DISTRIBUTION
Attachment 2
Funding Sources (rounded)
Mountain Palo
Federal "ielV AJto
Construction Estimate $ 590,000
Construction Engit:leering 85,000
Construction Subtotal $ 675.000 $597.000 $ 52J)Q0 $26.000
Design 64,000 42,000 22,000
jPBPermit· 21,000 14,000 7,000
Other Services 5,000 3,000 2,000
Project Management 40,000 26,000 14,000
City Administration (6.5%) 56,000 37,000 19,000
Soft Costs Subtotal 186,000 122,000 64,000
TOTAL PROJECT $861,OQO $597.000 $174,000 .$90.000 .
Estimated Mountain View Costs $174,000
Current Mountain View Funding $ 78,000
Estimated Mountain View Shortfall $%,000