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HomeMy WebLinkAbout1996-12-16 City Council (32)City of Palo Alto Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PLANNING AGENDA DATE: December 16, 1996 CMR:491:96 SUBJECT: Resolution Approving an Agreement with Caltrans to Modify Traffic Signals and Perform Roadwork along El Camino Real at Arastradero Road/Charleston Road, Maybell Avenue, and Los Robles Avenue/El Camino Way. REOUEST The attached Agreement (Attachment 1), between the State of California, Department of Transportation (Caltrans) and the City of Palo Alto establishes the responsibilities and duties of both parties to modify mad upgrade traffic signals and perform roadwork along E1 Camino Real at Arastradero Road!Charleston Road, Maybell Avenue and Los Robles Avenue/El Camino Way. In order for this project to proceed, a cooperative agreement between Caltrans and the City is required. It is requested that Council adopt a resolution (Attachment 2) approving the Agreement. RECOMMENDATIONS Staff recornmends that Council: Adopt the attached resolution approving the Agreement between Caltrans and the City, to modify and upgrade traffic signals and perform roadwork along E1 Camino Real at Arastradero Road/Charleston Road, Maybell Avenue, and Los Robles Avenue/El Camino Way, and (2) Authorize the Mayor to execute the Agreement. CMR:491:96 Page 1 of 4 POLICY IMPLICATIONS The recommendation of this report is consistent with the Council-approved Charleston/Meadow School Corridor Study recommendations, to enhance safety along E1 Camino Real for students crossing E1 Camino Real. EXEC(YTIVE SUMMARY In March 1993, Council formally reviewed the Meadow/Charleston School Corridor Safety Study recommendations and directed staff to proceed with implementation of several recommended actions, including traffic signal improvements along E1 Camino Real. Since E1 Camino Real is under the jurisdiction of Caltrans, staff started working with Caltrans to develop traffic signal and roadwork improvement projects at Arastradero Road/Charleston Road, Maybell Avenue, and Los Robles Avenue/El Camino Way. Based upon its evaluation of potential safety and operational issues, Caltrans has determined that safety could be improved along E1 Camino at Arastradero Road/Charleston Road, Maybell Avenue and Los Robles Avenue/El Camino Way, by implementing certain improvements consistent with the Charleston/Meadow School Corridor Study recommendations. Proposed Improvements Change signal phasing to eight phase at El Camino and Maybell Avenue and at El Camino and Los Robles Avenue/El Camino Way intersections. At both of these intersections, all of the side street movements go at the same time. Consequently, pedestrians and bicyclists in the crosswalk come in conflict with the left- turning vehicles. The improvements will convert the signals to eight phase, thus providing protected left-turn movements. The pedestrian phase would coincide with the through movements, with no left-turn conflicts. Redesign the El Camino/Maybell/El Camino Way intersection. Students experience difficulties negotiating this intersection due to (1) the speed of traffic exiting E1 Camino at the northbound off-ramp to E1 Camino Way, (2) the angle of the intersection, and (3) the presence of one crosswalk on E1 Camino on the north side of the intersection, which leaves pedestrians and bicyclists on the wrong side of E1 Camino when traveling eastbound to school in the morning. The improvements include closing the off-ramp (thereby forcing right-turning traffic to make a more traditional right turn through the signalized intersection), installing a new crosswalk on the south side of the intersection, and adjusting the curb radius. CMR:491:96 Page 2 of 4 El Camino/Arastradero Road intersection. Improvements at this intersection include cutting back the channelization island located at the southwest corner, to provide enough room for bikes to share the eastbound lane more comfortably, and related changes such as relocating the traffic signal box, wheel chair ramps, and crosswalk. Cooperative Agreement In order for this project to proceed, a cooperative agreement between Caltrans and the City of Palo Alto is required. The proposed agreement establishes the responsibilities and duties of each party. Caltrans agrees to: 1.Complete all necessary plans and specifications, 2.Complete all roadwork and electrical construction, and 3.Provide all engineering and construction services. Caltrans will retain ownership and title to all materials, equipment and appurtenances. All costs are to be shared by both Caltrans and the City, as shown in Exhibit A of the agreement. The City’s share of the proposed project is $128,000, plus an allowance for contingencies. If the actual cost of the project is higher or lower, the City’s share will be adjusted accordingly. The attached agreement provides that the City’s share will not exceed $154,000 ($128,000 plus $26,000, 20 percent contingencies), unless the City, at its sole direction and in writing, authorizes a greater amount. FISCAL IMPACT A total of$160,000 is allocated in CIP Project No. 19523 for improvements at the three locations. Sufficient fmads are available to cover the City’s maximum commitment of $154,000. ENVIRONMENTAL ASSESSMENT Caltrans, which is the lead.agency for this project, has determined that the project is categorically exempt under Section 1510.1, Class 1 (7, 13), of the Caltrans Regulations for implementation of the California Environmental Quality Act. This is the equivalent of the CEQA Guidelines exemption category for alteration of existing facilities, and staff concurs with this determination. CMR:491:96 Page 3 of 4 ATTACHMENTS 1. Agreement between Caltrans mid the City of Palo Alto 2. Resolution approving the Agreement 3. Preliminary Project Plans (Distribution limited to Council Members. viewing in the Transportation Division office.) Available for Prepared by: Ashok Aggarwal, City Traffic Engineer Department Head Review: KENNETH R. SCHREIBER Director of Planning and Community Environment City Manager Approval: FLEMING Manager R. E. Baxter, Caltrans City School Traffic Safety Committee School Commute Corridor Study Advisory Committee CMR:491:96 Page 4 of 4 ATYACHMEN~ 1 %-SCI-82, KP-36.48/37.19 (PM22.67/23.11) 4380-232401 Dist. Agmt. No. 4-1666-C Document No. COOPERATIVE AGREEMENT This AGREEMENT, entered into on , is between the STATE OF CALIFORNIA, acting by and through its De- partment of Transportation, referred to herein as STATE, and CITY OF Palo Alto, a body politic and a municipal corporation of the State of California, referred to herein as CITY. RECITALS (I) STATE and CITY, pursuant to Streets and Highways Code Sections 114 and 130, are authorized to enter into a Cooper- ative Agreement for improvements to State highways within CITY. (2) STATE and CITY contemplate modifying traffic con- trol signals and safety lighting and performing roadwork on Route 82 in the City of Palo Alto at the intersections of Route 82 (El Camino Real) and Arastradero Road/ W. Charleston Road, Maybell Avenue and Los Robles Avenue/ E1Camino Way, referred to herein as "PROJECT", and desire to specify the terms and conditions un- der which PROJECT is to be engineered, constructed, financed, and maintained. -I- DRAFT District ~reement No. @-i666-C SECTION I STATE AGREES: (I) To provide al! necessary preliminary engineering, including plans and specifications and utility identification and location, and all necessary construction engineering services for PROJECT and bear STATE’s share of the expense thereof. Estimates of such costs are shown on Exhibit "A", attached and made a part of this Agreement. (2) To construct PROJECT by contract in accordance with plans and specifications of STATE. (3) TO pay an amount equal to 50Z of the actual signal and lighting related construction cost and STATE’s 43.SZ share of the actual roadwork construction cost as shown in Exhibit "A" making STATE’s total estimated obligation to be $92,500. In no event shall STATE’s total obligation for construction costs under this Agreement, excluding costs referred to in Section III, Arti- cle (9), exceed the amount of $101,750, provided that STATE may, at its sole discretion, in writing, authorize a greater amount. (4) Upon completion of PROJECT and all work incidental thereto, to furnish CITY with a detailed statement of the portion of the engineering and construction costs to be borne by CITY, including resolution of any construction related claims which have been allowed to the construction contractor. STATE there- after shall refund to CITY promptly after completion of STATE’s final accounting of PROJECT costs, any amount of CITY’s deposit -2- DRAFT District Agreement No. %-1666-C required in Section II, Article (I) remaining after actual costs to be borne by CITY have been deducted, or to bill CITY for any additional amount required to complete CITY’s financial obli- gations pursuant to this Agreement. (5) To continue maintaining the entire traffic control signal(s) and safety lighting as modified and pay an amount of the total maintenance costs, including electrical energy costs per current maintenance agreement in force. (6) The modified traffic signals will continue to be owned, maintained and operated by STATE. Sharing of maintenance cost will remain unchanged as stated in the existing maintenance agreement. The revised striping on E! Camino Real (Route 82) will continue to be maintained by STATE and the revised striping on the city streets will continue to be maintained by CITY. SECTION II CITY AGREES: (I) To deposit with STATE within 25 days of receipt of billing therefor (which billing will be forwarded 15 days prior to STATE’s bid advertising date of a construction contract for PROJECT), the amount of $128,000, which figure represents CITY’s estimated share of the combined total expense for preliminary en- gineering, construction engineering, and construction costs re- quired to complete . PROJECT, as shown on Exhibit "A". CITY’s -3- DRAFT District ~greement blo. 4-1666-C total obligation for said anticipated PROJECT costs, extra work and contingencies, exclusive of claims and excluding costs re- ferred to in Section III, Article (9), of this Agreement, shall not exceed the amount of $154,000, provided that CITY may, at its sole discretion, in writing, authorize a greater amount. (2) CITY’s share of the construction cost estimated to be $102,500 included in PROJECT costs referred in Article (I) of this Section shall be an amount equal to 50Z of the total actual signal and lighting related construction costs plus CITY’s 56.7Z share of the actual roadwork construction costs, including the cost of construction-related claims, the cost of STATE defense of any of those claims and the cost of STATE-furnished material, if any,as determined after completion of work and upon final ac- counting of costs. (3) CITY’s share of the expense of preliminary engi- neering shall be an amount equal to 50~ of STATE’s actua! costs for preliminary engineering for the entire PROJECT. (4) CITY’s share of the expense of construction engi- neering shall be an amount equal to 50~ of STATE’s actual costs of construction engineering fer the entire PROJECT. (5) To pay STATE upon completion of all work and within twenty (20) days of receip~ of a detailed statement made upon final accounting of costs therefor, any amount over and above the aforesaid advance deposit required to complete CITY’s financial obligation pursuant to this Agreement. -4- DRAFT District ~greement No. 4-1666-C (6) To reimburse STATE for CITY’s proportionate share of the cost of maintenance of traffic control signal(s) and safety lighting, such share to be an amount as mentioned in the current Maintenance Agreement in force. (7) To furnish any necessary right-of-way unless other- wise provided for. (8) To certify to STATE that the right-of-way is owned by CITY or that CITY had Right of Entry to do work prior to De- cember 31, 1996. SECTION III IT IS MUTUALLY AGREED: (I) Al! obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. (2) STATE shall not award a contract to construct PROJECT until after receipt of CITY’s deposit required in Section II, Article (I) of this Agreement. (3) Should any portion of PROJECT be financed with Fed- eral funds or State gas.tax funds, all applicable laws, regu- lations and policies relating to the use of such funds shall apply, notwithstanding other provisions of this Agreement. (4) After opening of bids for construction of PROJECT, CITY’s estimate of cost will be revised based on actual bid -5- DRAFT District ~greement No. 4-1666-C prices.CITY’s required deposit under Section II, Article (i) will be increased or decreased to match said revised estimate. If deposit increase or decrease is less than $I,000, no refund or for additional deposit will be made until final account-demand ing. (5) After opening bids for construction of PROJECT, and if bids indicate a cost overrun of no more than 20Z of the esti- mate will occur, STATE may award the contract. (6) If, upon opening of bids, it is found that a cost overrun exceeding 20Z of the estimate will occur, STATE and CITY shall endeavor to agree upon an alternative course of action. If, after twenty-five (25) days, an alternative course of action is not agreed upon, this Agreement shall be deemed to be termi- nated by mutual consent pursuant to Article (8) of this Section III. (7) Prior to award PROJECT, CITY may terminate this of the construction contract for Agreement by written notice, provided CITY pays STATE for all PROJECT related costs incurred by STATE prior to termination. (8) If termination of this Agreement is by mutual con- sent, STATE will bear 50Z and CITY will bear 50Z of all PROJECT related costs incurred by STATE prior to termination, except that any utility relocation costs shall be prorated in accordance with STATE’s and CITY’s responsibility for utility relocation costs. (9) If existing public and/or private utility faci- lities conflict with PROJECT construction or violate STATE’s -6- DRAFT District Agreement No. %-1666-C encroachment policy, STATE shall make all necessary arrangements with the owners of such facilities for their protection, relo- cation or removal. STATE shall inspect the protection, relo- cation or removal. If there are costs of such protection, relo- cation or removal which STATE and CITY must legally pay, STATE and CITY shall share in the cost of said protection, relo- cation or removal, plus cost of engineering overhead and in- spection, in the amount of 50% STATE and 50% CITY. If any protection, re- location or removal of utilities is required, such work shall be performed in accordance with STATE’s policy and procedure for those facilities located within the limits of work providing for the improvement to the State highway and in accord- ance with CITY policy for those facilities outside of the limits of work providing for the improvement to the State highway. (I0) Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances in- stalled within STATE’s right of Way will automatically be vested in STATE and materials, equipment and appurtenances installed outside of STATE’s right of way will automatically be vested in CITY. No further agreement will be necessary to transfer owner- ship as hereinabove stated. (II) The cost of any engineering or maintenance re- ferred to herein in this Agreement shall include all direct and indirect costs (functional and administrative overhead assess- ment) attributable to such work, applied in accordance with STATE’s standard accounting procedures. -7- DRAET District ~greement No. 4-1666-C (12) Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liabil- ity of either party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. (13) Neither STATE nor any officer or emp!oyee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to nection with any work, authority CITY under this Agreement. be done by CITY under or in con- or jurisdiction delegated to It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully de- fend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in con- nection with any work, authority or jurisdiction delegated to CITY under this Agreement. (14) Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted tb be done by STATE under or in con- nection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully de- fend, indemnify and save harmless CITY from all claims, suits or -8- DRAFT District Agreement No. 4-1666-C actions of every name, kind and description brought for or on ac- count of injury (as defined in Government Cede Section 810.8) oc- curring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or juris- diction delegated to STATE under this Agreement. (15) In the construction of said work, STATE will fur- nish a representative to perform the functions of a Resident En- gineer, and CITY may, at no cost to STATE, furnish a represen- tative, if it so desires, and said representative and Resident Engineer will cooperate and consult with each other, but the de- cisions of STATE’s Resident Engineer shall prevail. (16) Execution of this Agreement by CITY grants to STATE the right to enter upon CITY owned lands to construct PROJECT. (17) Those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and ac- ceptance of the construction contract for PROJECT by STATE, or on June 30, 2001, whichever is earlier in time; however, the owner- ship, operation, maintenance, liability, and claims clauses shall remain in effect until terminated or modified, in writing, by mu- tual agreement. Should any construction related claim arising out of PROJECT be asserted against STATE, CITY agrees to extend the termination date of this Agreement and provide additional funding as required to cover CITY’s proportionate share of costs or execute a subsequent Agreement to cover those eventualities. -9- DRA_VT District ~greement Mo. ~_-1666-C STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation By District Division Chief Approved as to form and procedure Attorney Deportment of Transpotation CITY OF PALO ALTO: BY Mayor ATTEST: City Clerk APPROVED AS TO FORM: Senior Assistant City Attorney APPROVED: City Manager District Budget Manager Certified as to financial terms and conditions District Accounting Administrator Director of Public Works Director of Planning and Community Environment Deputy City Manager Administrative Services Chief Transportation Official CERTFICATION OF FUNDS I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of payment to construction contractors and to qualified support staff pursuant to this Agreement. Fiscal Officer City of Palo Alto -I0- DRAFT District Agreement No. 4-1666-C 4-SCI-82, KP36.48/37.19 (PM22.67/23.11) 4380-232400 Dist. Agmt. No. 4-1666-C EXHIBIT A COST ESTIMATE BREAKDOWN Description Electrical Arastradero/Charleston Maybell/El Camino Way Los Robles/El Camino Way Roadwork Island Modification at Arastradero (incl. striping) I/S Modificatio at Maybell (incl. striping Pavement Reconstruct- ion at Los Robles Striping at Los Robles Construction Area Signs Traffic Control Subtotal Contingencies (20%+/_ +Total Const. Cost Preliminary Engineering (10Z) Construction Engineering (isz) Total CITY Participation CITY STATE’s Total Share Share $ 1,000 1,000 2,000 23,000 23,000 46,000 ii,000 II,000 22,000 4,500 4,50~9,000 20,000 20,000 40,000 8,000 -0-8,000 1,500 1,500 3,000 3,000 3,000 6,000 12,500 12,500 25,000 84,500 76,500 161,000 18,000 16,000 34,000 102,500 92,500 195,000 10,250 15,250 128,000 -II- ATTACHAIENT 2 RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR MODIFYING TRAFFIC SIGNALS AND PERFORMING ROAD WORK ALONG EL CAMINO REAL AT ARASTRADERO ROAD/CHARLESTON ROAD, MAYBELL AVENUE AND LOS ROBLES AVENUE/EL CAMINO WAY WHEREAS, the State of California by and through its Department of Transportation is proposing to undertake a joint traffic signa! and road work project along E1 Camino Real at Arastradero Road/Charleston Road, Maybell Avenue and Los Robles Avenue/El Camino Way in the City of Palo Alto; and WHEREAS, the State of California has requested the City of Palo Alto approve a.joint agreement providing for the payment of its share of the cost of said improvements; NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION i. That certain agreement (Caltrans Agreement No. 4-1666-C) by and between the State of California, acting by and through its Department of Transportation, and the City of Palo Alto for modification and upgrading of traffic control signals, and related minor road work along E1 Camino Real at Arastradero Road/Charleston Road, Maybell Avenue and Los Robles Avenue/El Camino Way is hereby approved and the Mayor is hereby authorized to execute said agreement on behalf of the City of Palo Alto. SECTION 2. The State of California, which is the lead agency for this project, has previously determined that the project is categorically exempt from the provisions of the California Environmental Quality Act ("CEQA"), pursuant Section 1510.1, Class // // // // // // // // // // // // // 1 961127 lac 0031465 i (C), (7, 13) [minor alteration of existing facilities] of the Caltrans Regulations for Implementation of CEQA. The Council concurs with that determination. INTRODUCED AND PASSED : AYES : NOES : ABSENT : ABSTENTIONS : ATTEST: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Mayor City Manager Deputy City Manager, Administrative Services Director of Planning and Community Environment