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SARATOGA CITY COUNCIL MEETING DATE: February 2, 2011 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone Senior Engineer
Public Works Director SUBJECT: Highway 9 Safety Improvement Project, Phase III – Approval of Cooperative Agreement, Design Contract and Fund Transfer Agreement RECOMMENDED ACTIONS: 1.
Adopt a resolution authorizing the City Manager to execute a Cooperative Agreement between the City of Saratoga, the Town of Los Gatos, and the City of Monte Sereno for the Highway 9
Safety Improvement Project Phase III. 2. Approve an Independent Contractor Agreement with BKF Engineers for preparation of construction documents for the Highway 9 Safety Improvement
Project Phase III and authorize the City Manager to execute the same. 3. Approve a Fund Transfer Agreement with Caltrans and authorize the City Manager to execute the same. REPORT SUMMARY:
Background The Highway 9 Safety Improvements Project is a multi-jurisdiction effort to improve bicycle and pedestrian safety along this route. The project area consists of an approximately
4.4-mile long stretch of Highway 9 (Saratoga-Los Gatos Road) from Saratoga Avenue in Saratoga, through Monte Sereno to Los Gatos Boulevard in Los Gatos. An ad hoc committee comprised
of two Council Members from each jurisdiction was formed to receive input from the public during several community meetings. Based on the public and ad hoc committee input during these
meetings staff from the three municipalities and engineering consultants from BKF Engineers collaborated to develop a safety Master Plan. The Master Plan includes bicycle facilities
on both sides of Highway 9 and a continuous pedestrian access through the corridor with safe pedestrian crossings where needed. The cost to install all the improvements as shown on the
Master Plan is between 4 and 5 million dollars. Therefore outside funding sources as well as project phasing were necessary. Phase I was created when the City of Monte Sereno was awarded
a federal Congestion Mitigation and Air Quality (CMAQ) grant. It was in the public interest for the cities to work together as a reliable,
timely and cost effective means to complete the project, resulting in a Cooperative Agreement depicting roles and responsibilities of each city. Phase I was administered by Los Gatos
and included bicycle lanes on both sides of Highway 9, spot widening and two pedestrian-activated lighted crosswalks. The improvements were completed in 2009. Phase II was developed
after Saratoga received a $900,000 grant from the Highway Safety Improvement Program. The main focus during this phase is to extend pedestrian facilities between Monte Sereno and Saratoga.
This project is currently in the design stage with construction scheduled for fall this year. Discussion An opportunity to create Phase III emerged with the award of a Bicycle Program
grant in the amount of $460,851, pursuant to the Clean Air and Transportation Improvement Act of 1990 (CATIA). The scope of improvements in this phase includes bicycle safety improvements
at the Highway 9 and Austin Way intersection, upgrade of signalized intersections on Highway 9 to include bicycle sensors, and design of a new through bicycle lane to separate the through/right
turn conflict at Highway 9 and Los Gatos Boulevard. Cooperative Agreement Proposed safety improvements included in Phase III are located within the territorial jurisdictions of Saratoga,
Monte Sereno and Los Gatos with a section located in unincorporated Santa Clara County. Similar to previous project phases, a Cooperative Agreement among the three municipalities is
needed to delineate their respective rights and obligations concerning the administration, financing and construction as shown in the attached Cooperative Agreement. Saratoga agreed
to administer the project. Design Contract Attached is the Independent Contractor Agreement with BKF Engineers that includes a cost proposal negotiated with BKF Engineers to provide
engineering services. In addition, the scope of work includes services connected with obtaining encroachment permits from Caltrans and Santa Clara County and assistance during the project
bidding phase. BKF’s proposal for the design work is in the amount of $98,940.A portion of this amount is funded by the grant (only 5% of the grant funds are available for the design),
VTA and Santa Clara County. The remaining $60,466 will be shared among the three cities in proportion to the improvements located in each city. It is estimated that Saratoga will pay
33% or $19,623; Monte Sereno will pay 24% or $14,613 and Los Gatos will pay 43% or $26,230. Since no local share is required for construction, all construction costs will be paid from
the grant funds. Fund Transfer Agreement Grant fund allocation was approved by the California Transportation Commission (CTC) on June 30, 2010. The CTC has executed a Fund Transfer Agreement
(FTA) for the project and authorized the City of Saratoga to proceed with the Design Component. The City is required to execute the FTA in order to receive reimbursement for the design
and construction work. It is therefore recommended that the City Council approve the Cooperative Agreement with Los Gatos and Monte Sereno, the Independent Contractor Agreement with
BKF Engineers, and the Fund Transfer
Agreement with the Department of Transportation, and authorize the City Manager to execute the referenced agreements. FISCAL IMPACTS: Saratoga’s share of the Highway 9 Safety Improvement
Project Phase III in the amount of $19,623 is available in the adopted budget in the Highway 9 Safety Improvements Project. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: One or more
Agreements will not be executed and the design work on the Highway 9 Safety improvement Project Phase III will not start. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP
ACTION: BKF Engineers will start the design work. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library
each Monday in advance of the Council meeting. ATTACHMENTS: 1. Resolution approving Cooperative Agreement for Highway 9 Safety Improvements Phase III 2. Cooperative Agreement for Highway
9 Safety Improvements Phase III 3. Independent Contractor Agreement with BKF Engineers 4. Fund Transfer Agreement