SUBJECT:     ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE VARIOUS AGREEMENTS BETWEEN THE CITY OF SAN JOSE, PROJECT CONSULTANTS, AND/OR THE PARTNER AGENCIES OF THE SILICON VALLEY-INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM

 

COUNCIL DISTRICT:  City Wide

 

RECOMMENDATION

 

Adopt a resolution authorizing the City Manager to negotiate and execute the following agreements related to the Silicon Valley – Intelligent Transportation Systems (SV-ITS) program and grant the City Manager, or the Director of Transportation, the authority to extend the terms of the agreements as necessary:

 

A.     Agreement for Consultant Services with Kimley-Horn and Associates for the SV-ITS West Corridor Project in an amount not to exceed $699,725 and for a term from the date of execution to April 30, 2004;

B.     First Amendment to the Agreement for Consultant Services with DKS Associates for the Airport ATMS Project to increase the compensation by $245,000 and extend the original term of the agreement from March 31, 2002 to December 31, 2002;

C.     SV-ITS Enhancement Construction Agreement with the County of Santa Clara at no cost to the City and for a term from the date of execution to June 30, 2006;

D.     SV-ITS Fremont-Milpitas Construction Agreement with the City of Milpitas at no cost to the City and for a term from the date of execution to September 30, 2004;

E.      SV-ITS Memorandum of Understanding (MOU) to facilitate program planning and development with the County of Santa Clara, Town of Los Gatos, City of Campbell, City of Santa Clara, City of Milpitas, City of Fremont, City of Cupertino, Valley Transportation Authority, Metropolitan Transportation Commission, California Highway Patrol, and California Department of Transportation at no cost to the City and for a term from the date of execution to August 1, 2005;

F.      SV-ITS Cooperation Agreement to facilitate program design and construction implementation with the County of Santa Clara, Town of Los Gatos, City of Campbell, City of Santa Clara, City of Milpitas, City of Fremont, City of Cupertino, Valley Transportation Authority, and California Department of Transportation at no cost to the City and for a term from the date of execution to August 1, 2005;

G.     SV-ITS Operations and Maintenance Agreement (O&M) with the County of Santa Clara, Town of Los Gatos, City of Campbell, City of Santa Clara, City of Milpitas, City of Fremont, City of Cupertino, Valley Transportation Authority, California Highway Patrol, and California Department of Transportation at no cost to the City and for a term from the date of execution to August 1, 2005;

H.     Cooperation Agreement for project design and construction implementation with the City of Fremont, City of Milpitas, County of Santa Clara, and California Department of Transportation for the SV-ITS Fremont – Milpitas Project at no cost to the City and for a term from the date of execution to September 30, 2005;

I.        Cooperation Agreement for project design and construction implementation with the City of Campbell, City of Cupertino, City of Santa Clara, County of Santa Clara, and California Department of Transportation for the SV-ITS West Corridor Project at no cost to the City and for a term from the date of execution to June 30, 2006. 

 

 

BACKGROUND

 

The SV-ITS program currently has multiple projects in Santa Clara and Alameda Counties under design, with construction scheduled to occur over the next two years.  The SV-ITS program uses fiber optic technology to link the Traffic Management Centers of each SV-ITS partner agency to each other for the purpose of sharing information and resources for regional traffic management.  The shared resources include traffic volume data, signal timing control along designated corridors, video traffic monitoring, dynamic and extinguishable message signs to inform motorists of traffic conditions, and active traffic management plans for use during traffic incidents and other non-recurring traffic congestion.  Several agreements are currently in the planning process to coordinate the efforts and outline the roles of the partner agencies. 

 

SV-ITS Program Partner Agencies include:

 

City of San Jose

Town of Los Gatos

City of Campbell

City of Cupertino

City of Fremont

California Highway Patrol

City of Milpitas

California Department of Transportation (Caltrans)

City of Santa Clara

Metropolitan Transportation Commission (MTC)

County of Santa Clara

Valley Transportation Authority (VTA)

 

 

ANALYSIS

 

The Department of Transportation (DOT) is the program administrator and lead design agency for the SV-ITS program.  All other agencies address agency-specific issues and participate in Steering and Policy Committee meetings with oversight from the VTA, MTC and Caltrans.

 

As each of these agreements needs to be processed within the next few months in order to meet grant obligation deadlines for each project, it is requested that, under a single resolution, the City Council authorize the City Manager to negotiate and execute these agreements.  It is also requested that the City Manager, or the Director of Transportation, be authorized to extend the terms of these agreements as necessary.

 

A.     Agreement for Consultant Services for the SV-ITS West Corridor Project – This Agreement with Kimley – Horn and Associates is for the design of the SV-ITS West Corridor Project to extend the existing SV-ITS infrastructure to link to the City of Cupertino.  The project involves the installation of various infrastructure along Stevens Creek Boulevard from Bascom Avenue to State Route 85, including fiber optic cable for communications, video cameras for traffic monitoring, traffic detection devices, and upgrades to the Cupertino Traffic Operations Center, as well as the development of traffic signal timing plans and incident management procedures.  A panel representing all project stakeholders selected the consultant based upon proposals submitted in response to the advertised Request For Proposal (RFP).  The grant-funded consultant agreement for project design services will be for an amount not to exceed $699,725.  The term of the agreement will be from the date of execution to April 30, 2004. 

 

B.     First Amendment to the Agreement for Consultant Services for the Airport-ATMS Project - This amendment to the agreement with DKS Associates will provide an increase of $50,000 for the Airport-ATMS project to augment and expedite the design contract in order to meet federal grant obligation deadlines.  The increased funds will allow the consultant, DKS Associates, to allocate additional labor resources to complete the project on an accelerated schedule.  The City risks losing $3 million in grant funding if deadlines are not met.  The scope of work of the original agreement includes the installation of a fiber optic communications network advanced transportation management system, as well as the development of traffic signal timing plans for the San Jose International Airport area.  This amendment will also add $195,000 to expand the scope of services for DKS Associates to enhance the City of San Jose Internet Traveler Information Web Page to provide the public with real-time traveler information through video feeds.  This amendment will extend the original term of the consultant agreement by eleven (11) months from March 31, 2002 to December 31, 2002.

 

C.     SV-ITS Enhancement Construction Agreement – On March 12, 2001, the City executed an agreement between the City and DKS Associates for design services to enhance the ITS elements on Bascom Avenue, San Tomas and Montague Expressway corridors.  This agreement with the County of Santa Clara will establish the County as the construction lead for this project and, per the Caltrans grant and as established in previous SV-ITS project phases, allow the County to seek the City’s grant funding reimbursement directly from Caltrans in an amount not to exceed $2,308,000 for construction services of the project.  The term of the agreement will be from the date of execution to June 30, 2006.

 

D.     SV-ITS Fremont-Milpitas Construction Agreement – On March 12, 2001, the City executed an agreement between the City and Kimley – Horn and Associates for design services on the project to extend the SV-ITS program to the City of Fremont through the City of Milpitas and to connect to the Caltrans Traffic Management Center located in Oakland via the existing fiber optic trunk line running from the Fremont BART station up to the Oakland BART station.  This construction agreement with the City of Milpitas will establish Milpitas as the construction lead for this project and allow Milpitas to seek the City’s grant funding reimbursement directly from Caltrans in an amount not to exceed $1,835,208 for construction services of the project.  The term of the agreement will be from the date of execution to September 30, 2004.

 

E.      SV-ITS Memorandum of Understanding (MOU) – The purpose of the MOU with the County of Santa Clara, Town of Los Gatos, City of Campbell, City of Santa Clara, City of Milpitas, City of Fremont, City of Cupertino, Valley Transportation Authority, Metropolitan Transportation Commission, California Highway Patrol, and California Department of Transportation will be to acknowledge the agreement of the parties to work cooperatively in the planning and development of all SV-ITS projects.  All parties agree that the City of San Jose will continue as program manager and lead design agency for the program, as it has done for previous phases of the SV-ITS program.  The MOU also establishes specific committees to resolve program-related issues.  This MOU replaces the previous MOU executed on August 1, 1995 and expired on August 1, 1999.  The term of the agreement will be from the date of execution to August 1, 2005.

 

F.      SV-ITS Cooperation Agreement –This agreement with the County of Santa Clara, Town of Los Gatos, City of Campbell, City of Santa Clara, City of Milpitas, City of Fremont, City of Cupertino, Valley Transportation Authority, and California Department of Transportation will specifically set forth the respective rights, duties and obligations of the parties with regard to the design and construction implementation of the various    SV-ITS projects.  The agreement details the roles and responsibilities of the City of San Jose as lead design agency and lead environmental agency for the SV-ITS program.  The City agrees to verify that the project designs meet the requirements of all involved parties.  The term of the agreement will be from the date of execution to August 1, 2005.

 

G.     SV-ITS Operations and Maintenance Agreement (O&M) – The purpose of this agreement with the County of Santa Clara, Town of Los Gatos, City of Campbell, City of Santa Clara, City of Milpitas, City of Fremont, City of Cupertino, Valley Transportation Authority, California Highway Patrol, and California Department of Transportation shall be to specifically set forth the duties and responsibilities of the parties to operate the system and to accept full maintenance responsibilities for any SV-ITS Project facilities and equipment installed within its own jurisdiction.  All parties agree to work cooperatively in the exchange of information collected by the ITS infrastructure and to maintain the infrastructure in order to operate the system effectively.  The term of the agreement will be from the date of execution to August 1, 2005.

 

H.     Cooperation Agreement for the SV-ITS Fremont – Milpitas Project - This agreement with the City of Fremont, City of Milpitas, County of Santa Clara, and California Department of Transportation will specifically set forth the respective rights, duties and obligations of the parties with regard to the design and construction implementation of the SV-ITS Fremont - Milpitas Project.  The agreement details the roles and responsibilities of the City of San Jose as lead design agency and lead environmental agency for the project.  The City agrees to verify that the project designs meet the requirements of all involved parties.  The term of the agreement will be from the date of execution to September 30, 2005.

 

I.        Cooperation Agreement for the SV-ITS West Corridor Project - This agreement with the City of Campbell, City of Cupertino, City of Santa Clara, County of Santa Clara, and California Department of Transportation will specifically set forth the respective rights, duties and obligations of the parties with regard to the design and construction implementation of the SV-ITS West Corridor Project.  The agreement details the roles and responsibilities of the City of San Jose as lead design agency and lead environmental agency for the project.   The City agrees to verify that the project designs meet the requirements of all involved parties.  The term of the agreement will be from the date of execution to June 30, 2006.

 

 

 

PUBLIC OUTREACH

 

For the acquisition of consultant design services, these projects were listed on the City’s Internet Bid Line and advertised in the San Jose Mercury News, the San Jose Post Record, and the ITE Journal. 

 

For the acquisition of construction services, these projects will be posted according to the respective lead construction agency’s bidding policies and procedures. 

 

 

COORDINATION

 

These projects have been coordinated with the City Attorney’s Office, the Department of Public Works, and the SV-ITS Program Partner Agencies.  Due to the regional nature of the projects, a number of agencies have been actively involved in the coordination and development of these projects through the Valley Transportation Plan 2020.

 

 

COST IMPLICATIONS

 

ITS West Corridor Project Consultant Agreement:

The funding for the project comes from Caltrans Congestion Mitigation Air Quality (CMAQ) and State Transportation Improvement Program grant funds.  The City will apply for reimbursement from the granting agency following expenditure of the grant funds.  The project design phase shall occur under this agreement and shall not exceed $699,725.  The construction phase will be administered by the lead construction agency, expected to be the County of Santa Clara, under a separate contract for a price to be determined, but not to exceed the grant funding allocation of $2,018,250.  The lead construction agency will budget the necessary funds to administer the construction phase.

 

Airport ATMS Project Consultant Agreement Amendment:

The additional $195,000 funding for the design of the City of San Jose Internet Traveler Information Web Page comes from Caltrans Congestion Mitigation Air Quality (CMAQ) and State Transportation Improvement Program grant funds (STIP).  These funds have previously been allocated for a separate Internet Traveler project but instead will be reallocated into the appropriation for this project.  The additional $50,000 to expedite the design phase comes from the Traffic Capital Improvement Program 01/02.  The total additional funding for this project under this amendment shall not exceed $245,000.  This amendment will increase the total design contract to $884,000.  The City of San Jose Public Works Department will administer the construction phase.  The budget for the construction phase of this project is $1,200,000.

 

Construction agreements:

Under these agreements, the City of San Jose will assign the County and Milpitas as lead construction agencies for the SV-ITS Enhancement and SV-ITS Fremont-Milpitas projects, respectively, and allow them to seek the City’s grant funding reimbursement for construction as required for the projects.  The reimbursement for the projects comes from the Bay Area Air Quality Management District’s Transportation Fund for Clean Air, Transportation Equity Act for the 21st Century for ITS Deployment program and demonstration funds, Congestion Mitigation and Air Quality program, and the State Transportation Improvement Program funding sources.

 

The County of Santa Clara and the City of Milpitas have agreed to set aside necessary funds in their budgets to advance construction costs for these projects and will invoice Caltrans directly for reimbursement.

 

MOU, Cooperation, and O&M agreements:

No costs are associated with these agreements.

 

 

BUDGET REFERENCE

 

ITS West Corridor Project Consultant Agreement:

                            Fund:      Building and Structure Construction Tax Fund - 429

                           Appn:      4049

                       Amount:      $890,000

        Budget Document:      2001 – 2002 Proposed Capital Improvement Program Budget, pg. 615

                                          and 661

 

Airport ATMS Project Consultant Agreement Amendment:

                            Fund:      Building and Structure Construction Tax Fund - 429

                           Appn:      4425

                       Amount:      $1,298,000

        Budget Document:      2001 – 2002 Proposed Capital Improvement Program Budget, pg. 615

                                          and 657

 

ITS Web Traveler (to be combined with Airport ATMS Project Funding):

                            Fund:      Building and Structure Construction Tax Fund - 429

                           Appn:      4048

                       Amount:      $300,000

        Budget Document:      2001 – 2002 Proposed Capital Improvement Program Budget, pg. 615

                                          and 662

 

 

CEQA

 

CEQA: Exempt

 

 

 

                                                                        WAYNE K. TANDA

            Director of Transportation