SAN JOSE CAPITAL OF SILICON VALLEY

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1 COUNCIL AGENDA: 6/21/16 ITEM: I.Zfj CITY OF SAN JOSE CAPITAL OF SILICON VALLEY Memorandum TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Barry Ng Jim Ortbal Jennifer A. Maguire SUBJECT: SEE BELOW DATE: Approved "* ihfn, COUNCIL DISTRICTS: 3, 5 & 8 SUBJECT: SECOND AMENDMENT TO THE AGREEMENT TO PERFORM DESIGN SERVICES FOR THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY FOR THE SANTA CLARA-ALUM ROCK BUS RAPID TRANSIT PROJECT RECOMMENDATION a) Approve a Second Amendment for Final Design Services with the Santa Clara Valley Transportation Authority (VTA) for the Santa Clara-Alum Rock Bus Rapid Transit (SC/AR BRT) Project in an amount not to exceed $375,000 compensation from the VTA and extend the term to December 31, b) Adopt a resolution authorizing the City Manager to negotiate and execute a Third Amendment for the Final Design Services with the Santa Clara Valley Transportation Authority for the SC/AR BRT Project to increase the City's compensation by up to $100,000 and to extend the term of the agreement to December 31, c) Adopt the following Appropriation Ordinance and Funding Source Resolution amendments in the Construction Excise Tax Fund: 1) Increase the estimate for Earned Revenue by $375,000; and 2) Increase the Bus Rapid Transit - Santa Clara/Alum Rock appropriation to the Department of Transportation by $375,000. OUTCOME Approval of the recommendations will allow the City to complete the final design and construction support services for the installation of traffic signals and street lighting associated

2 Page 2 with the BRT project. Since the ownership of these facilities will transfer to the City upon completion of the project, integrating the City's design of these facilities into the Santa Clara Valley Transportation Authority project design process will create a mutually beneficial project delivery strategy that: Builds upon the combined strengths of the respective organizations, Develops new efficiencies, Achieves designs savings by avoiding costly and time-consuming reviews, and Ensures the highest level of professionalism, quality of design and accountability. BACKGROUND The City of San Jose has been a key partner and stakeholder in the development of the Downtown-East Valley Transit Improvement Program since its inception in the late 1990s. On February 23, 2010, the City Council and VTA Board executed an agreement establishing a vision statement and project description for the SC/AR BRT project. This SC/AR BRT project is included in the VTA 2000 Measure A Transit Improvement Program. This project would provide limited-stop rapid transit service for approximately 7.2 miles, from the Eastridge Transit Center to the San Jose Diridon Transit Center using Capitol Expressway, Capitol Avenue, Alum Rock Avenue and Santa Clara Street. The SC/AR BRT project construction involves the construction of traffic signals and street lights along Santa Clara Street and Alum Rock Avenue. To ensure efficiency and implementation of the latest City traffic signal design standard and in compliance with the most recent City lighting criteria, City design staff would manage the design and construction for both traffic signals and street lights. Therefore, in August 2012, the VTA and the City entered into a Cooperative Agreement in which the VTA agreed to pay the City $580,000 to perform the final design engineering of 11 traffic signals and all the streets lights on Alum Rock Avenue. In August 2014, the VTA Board further approved an amendment to the agreement of $999,000 to cover new scope which included additional design and construction support for 14 new traffic signal locations and street lights along this corridor. ANALYSIS The VTA awarded the main civil work and stations construction contract (C830) for the SC/AR BRT project to Goodfellow Top Grade Construction (GTGC) in This contract included the scope for the installation of traffic signal and street lights. However, after a safety shutdown in July 2015, VTA entered into a Closeout Agreement with GTGC in September 2015 for the resolution of disputes related to safety, community impacts and delay concerns. The agreement led to the prompt and orderly closeout and demobilization of GTGC from the project.

3 June 7,2016 Page 3 Since then, certain subcontractors that were assigned to the VTA as part of the closeout agreement have continued to perform critical work, and VTA has repackaged the remaining work into two separate construction contracts to complete the project. At its meeting on April 7, 2016, the VTA Board authorized the VTA General Manager to execute amendments for additional engineering support for traffic signal and streetlight design on the project (see attachment). This second amendment will provide an additional $375,000 in funding for City design and construction support services associated with the newly repackaged construction contracts and will result in the VTA compensating the City for its design and construction support services in a total amount not to exceed $1,954,000. The second amendment will also extend the term of the agreement to December 31, Based on known conditions and current design plans, the VTA estimates the compensation added by the second amendment will be sufficient to complete the project. However, the VTA has set aside an additional $100,000 to pay the City in the event there is a need for any additional design and/or construction support services that are currently unanticipated. Accordingly, staff is requesting the City Council to adopt a resolution authorizing the City Manager to negotiate and execute a third amendment increasing the City's compensation by up to $100,000 and to extend the term of the agreement for up to one year, through December, If this funding is needed, the Administration will bring forward budget adjustments to recognize the additional revenue and increase the project budget. EVALUATION AND FOLLOW-UP No subsequent Council action on this issue is necessary. Staff will monitor the impact of this action and communicate any issues to Council through a staff report as necessary PUBLIC OUTREACH/INTEREST This memorandum will be posted to the City's website for the June 21, 2016, City Council meeting. FISCAL/POLICY ALIGNMENT This project is consistent with the Council approved Budget Strategy to continue with capital investments that spur construction spending in our local economy.

4 Page 4 COST SUMMARY/IMPLICATIONS 1. AMOUNT OF RECOMMENDATION: Design Services $ 375,000 Total Project Costs 1,954,000 Prior Years' Expenditures ( ) $ 375, SOURCE OF FUNDING: Construction Excise Tax Fund 3. OPERATING COST: There are no additional operations or maintenance (O&M) costs associated with the recommendations of this memorandum. The O&M costs associated with this project had been included in the Adopted Operating Budget. BUDGET REFERENCE The VTA will fully reimburse the City for the agreements for design and construction support services. The recommended actions in this memorandum will recognize the funding from VTA for the agreements in the Construction Excise Tax Fund for these projects. Fund # Appn. # Appn. Name Bus Rapid Transit - Santa Clara / Alum Rock Total Appn. Rec. Budget Action Adopted Capital Budget Page $259,000 $375,000 V R002 Earned Revenue $61,502,992 $375,000 V-858 Last Budget Action (Date, Ord. No.) 10/20/2015, Ord. No /09/2016, Ord. No COORDINATION This memorandum and agreement have been coordinated with the Department of Transportation, Department of Planning, Building and Code Enforcement, and the City Attorney's Office.

5 Page 5 CEOA Statutorily Exempt, File No. PP (a), Agreements and Contracts. The VTA Board of Directors approved and certified the Downtown East Valley Capitol Expressway Light Rail Project Final Supplemental Environmental Impact Report on August 2, 2007 and the Santa Clara - Alum Rock Transit Improvement Project Environmental Impact Report on December 11, The recommended Council direction of this memorandum is not a project. Future improvements the City intends to make along the transit corridor would be subject to CEQA and the appropriate level of review would be conducted prior to the City decision to implement any future improvements, as applicable. /s/ BARRY NG Director of Public Works /s/ JIM ORTBAL Director of Transportation JENNIFER A. MAGUIRE Senior Deputy City Manager/ Budget Director I hereby certify that there will be available for appropriation in the General Fund in , monies in excess of those heretofore appropriated therefrom, said excess being at least $375,000. Senior Deputy City Manager/ Budget Director For questions please contact Michael O'Connell, Deputy Director, Public Works Department, at

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