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SARATOGA CITY COUNCIL
MEETING DATE: December 16, 2009 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 II - Cooperative Agreement and Design
Contract Approval
RECOMMENDED ACTION:
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 II.
2. Approve an Independent Contractor Agreement with BKF Engineers for preparation of
construction documents for the Highway 9 Safety Improvement Project Phase II and authorize the
City Manager to execute the same.
3. Authorize the City Manager to sign a Letter of Understanding with the County of Santa Clara.
REPORT SUMMARY:
Background
The Highway 9 Safety Improvements Project is a multi-jurisdiction effort to improve bicycle/pedestrian
safety along this route. The project area consists of an approximately 4.4-mile long stretch of Highway 9
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 three public 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.
The first successful grant application received by the City of Monte Sereno was funded by the federal
Congestion Mitigation and Air Quality (CMAQ) grant. The three cities executed a Cooperative Agreement
and developed Phase I of the Highway 9 Safety Improvement Project. 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 last fall with $462,000 remaining in the project
budget.
Discussion
Cooperative Agreement
Last year, the City of Saratoga applied for and received a Highway Safety Improvement Program (HSIP)
grant in the amount of $900,000. This grant, in combination with the unused CMAQ funds transferred
from Phase I and the required local match, provided a funding basis for development of Phase II of the
Highway 9 Safety Improvement Project. CMAQ funds are available for the design component of Phase II;
HSIP funds will be used for construction component.
Phase II improvements consist of pedestrian improvements along Highway 9 extending from approximately
Oak Street in Saratoga to the Monte Sereno-Los Gatos City limits including asphalt walkways, curbs,
retaining walls, driveway modifications, crosswalks, signing and striping.
Similar to Phase I, a Cooperative Agreement among the three municipalities is needed to delineate their
respective rights and obligations concerning the administration, financing and construction of Phase II. All
comments from Monte Sereno and Los Gatos were incorporated in the agreement.
All of the improvements included in Phase II are located within the territorial jurisdictions of Monte Sereno
and Saratoga, with a section located in unincorporated Santa Clara County. Representatives of the County
agreed to participate in the Project and executed a separate letter of understanding for cost sharing
purposes based on the jurisdictional location of the improvements (Attachment 4).
None of the improvements included in Phase II is located in Los Gatos. Los Gatos is a party to this
Agreement, however, because of its participation in earlier Highway 9 improvements, the possibility that
features located in Los Gatos may be added to Phase II, and the desire of the parties to ensure clear and
open lines of communication concerning improvements to Highway 9.
Design Contract
After receiving the grant funding confirmation, staff followed the guidelines related to federally funded
projects and prepared and distributed a Request for Qualifications. The consulting firms Higgins
Associates and BKF Engineers submitted qualification statements. Staff carefully reviewed both statements
and determined BKF Engineers to be the most qualified firm for this project. BKF Engineers is an
experienced consultant team partnering with qualified subconsultants who will provide environmental
services, geotechnical investigation and structural design. Additionally, BKF Engineers provided excellent
services during Phase I of the Project and prepared the Master Plan.
Attached is the Independent Contractor Agreement with BKF Engineers that includes a cost proposal
negotiated with BKF Engineers and their consultants to provide environmental, structural, surveying,
geotechnical, and civil engineering services. In addition, the scope of work includes services connected with
obtaining a Caltrans Encroachment Permit, and assistance during bidding and construction phases of the
Project.
CMAQ funds are authorized for payment of eighty-eight and one half percent (88.5%) of the design
services. Saratoga, Monte Sereno and Santa Clara County have agreed to share the remaining portion of
the final design cost as set forth in the Cooperative Agreement. The estimated cost of the design component
is $522,000 of which $462,000 is available from CMAQ grant funds and the remaining $60,000 represents
the estimated local share to be allocated between the three agencies. The estimated share for Saratoga is
$26,419 while Monte Sereno’s share is $22,104 and the County’s share is $11,506.
BKF’s proposal for the design work is in the amount of $498,237. The remaining $23,763 of available
CMAQ funds will be used for administration and design contract change orders.
It is recommended that the City Council approve the Cooperative Agreement with Los Gatos and Monte
Sereno, the Independent Contractor Agreement with BKF Engineers, the Letter of Understanding with the
County of Santa Clara, and authorize the City Manager to execute the same.
FISCAL IMPACTS:
Saratoga’s share of the design component of the Highway 9 Safety Improvement Project Phase II in the
amount of $26,419 is available in the adopted budget in the Highway 9 Safety Improvements Project Phase
II.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
One or both Agreements will not be executed and the design work on the Highway 9 Safety improvement
Project Phase II 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:
Nothing additional.
ATTACHMENTS:
1. Resolution approving Cooperative Agreement for Highway 9 Safety Improvements Phase II
2. Cooperative Agreement for Highway 9 Safety Improvements Phase II
3. Independent Contractor Agreement with BKF Engineers
4. County of Santa Clara Letter of Understanding