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HomeMy WebLinkAboutStaff Report 160-07FROM: DATE: SUBJECT: 8 City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT MAY 14, 2007 CMR: 160:07 RESOLUTION APPROVING A COOPERATIVE AGREEMENT WITH CALTRANS AND A BUDGET AMENDMENT ORDINANCE IN THE AMOUNT OF $121,000 FOR THE CITY’S SHARE OF THE COST OF INSTALLATION OF A TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS AT THE INTERSECTION OF EL CAMINO REAL AND VENTURA AVENUE RECOMMENDATION Staff recommends that the City Council: 1.Adopt the attached Budget Amendment Ordinance in the amount of $121,000 to restore funding to project PL-02005, E1 Camino Real and Ventura Avenue intersection improvements. 2.Adopt a resolution approving a cooperative agreement between Caltrans and the City of Palo Alto to install a traffic signal and perform roadwork at the intersection of E1 Camino Real (Route 82) and Ventura Avenue. BACKGROUND The intersection of E1 Camino Real and Ventura Avenue is currently unsignalized. In 2000, in response to a high volume of resident complaints regarding pedestrian safety and at least one accident involving school children, Caltrans analyzed the intersection and determined that conditions warranted installation of a traffic signal. Caltrans agreed to fund 67% of the project costs and the City agreed to pay 33% of the project costs. Caltrans initially scheduled the project for construction during the 2002/2003 fiscal year. Palo Alto proceeded to include the City’s local share contribution ($61,000) in the Capital Improvement Program budget (PL-02005) in 2002. Later that year, Caltrans notified the City that the project was tentatively delayed until 2004/2005. It was subsequently deferred again. Because of the uncertainty in the project timing, the City returned its share to the Infrastructure Reserve, to be restored using "just-in-time" budgeting. This long-awaited project has now been scheduled for construction by Caltrans in the summer of 2007, provided a cooperative agreement and budget for the City’s share is approved. If the City chooses not to fund its share this year, the project will be delayed to 2008, and may or may not proceed depending on its priority relative to other Caltrans projects already scheduled for 2008. CMR:160:07 Page 1 of 3 DISCUSSION E1 Camino Real is a six-lane highway which carries approximately 51,000 vehicles a day. Ventura Avenue serves a multi-family residential neighborhood as well as the Ventura Community Center. The Ventura neighborhood lies within the school attendance areas of Barron Park Elementary School, Terman Middle School and Guma High School, all located to the west of E1 Camino Real. There is no easy access to the southbound side of E1 Camino Real for these residents. The nearest signalized intersection on E1 Camino Real to the south is at Los Robles and E1 Camino Way, approximately an eighth of a mile distant, and not easily accessible from Ventura Avenue. In order to cross E1 Camino Real, pedestrians must traverse six lanes of traffic and a left-turn lane. There is no significant pedestrian refuge, making the crossing difficult. The proposed project would install a six-phase traffic signal at this intersection. As part of the project, the private driveway on the west approach would be signalized as well as the three roadway approaches. Signalized pedestrian crosswalks would be provided on the north, west and east legs of the intersection. City staff has requested that Caltrans equip the pedestrian signals with countdown signal heads and audible signals. All of the work will be completed within the Caltrans right-of-way. This project will not preclude further enhancements to the intersection consistent with the E1 Camino Real Master Schematic Design Concepts at a future date. Since E1 Camino Real (Route 82) is a state highway, Caltrans is the lead agency. In order 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 3.Provide all engineering and construction services Caltrans will retain owner and title to all materials, equipment and appurtenances. All costs are to be shared by Caltrans and the City of Palo Alto as shown in Exhibit A of the agreement. The total cost of the project including design and construction is $450,000, including $337,100 for the traffic signal, lighting design, construction, and $180,200 for other road work. The City’s share of the construction cost is equal to approximately 33 percent of the traffic signal and lighting. The State will fund the remaining 67 percent of these costs as well as 100 percent of the additional road work. If the actual cost of the project is higher or lower, the City’s share will be adjusted accordingly. The attached Cooperative Agreement (Exhibit A of Attachment C) provides that the City’s share will not exceed $121,000 ($110,000, plus $11,000 contingency to allow Caltrans to award contracts for bids up to 10% higher than the cost estimate). RESOURCE IMPACT In the 2001-03 adopted capital budget, the City Council approved funding for this project in the amount of $61,000. The project was funded by a combination of the General Fund and Infrastructure Reserve. In May 2004 (CMR:273:04), this balance was returned to the Infrastructure Reserve, to be restored once Caltrans was prepared to proceed with the project. This C1P project (PL-02005) was one of the CIP projects with a balance returned to the Infrastructure Reserve (Attachment A). CMR: 160:07 Page 2 of 3 The attached BAO Will transfer $121,000 from the Infrastructure Reserve to this project. This is a one-time expense and no future year resource needs are anticipated as a result of this BAO. POLICY IMPLICATIONS This report does not represent any changes to existing City policies. TIMELINE If this BAO and Resolution are approved, Caltrans will begin work on the intersection in summer of 2007. The project will take 4-6 months to complete. Transportation staff has discussed this project with Public Works and Utilities staff during monthly coordination meetings. There are no conflicts with any City projects. ENVIRONMENTAL REVIEW Caltrans, as the lead agency for this project, has determined that this project is categorically exempt under Section 15061(b)(3) of the guidelines for the California Environmental Quality Act (CEQA). This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility the project may have a significant effect on the environment. Staff concurs with this determination. Further, approval of a Budget Amendment Ordinance is not a project under the California Environmental Quality Act, and no environmental assessment is required. ATTACHMENT Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Budget Amendment Ordinance New CIP page from Project PL-02005 Resolution approving Cooperative Agreement Aerial photo of E1 Camino Real / Ventura intersection Proposed traffic signal improvements GAYLE LIKENS Transportation Manager DEPARTMENT HEAD REVIEW: / "~’~E~VE{~IQIS LIE Director of Planning and Community nvironment CITY MANAGER APPROVAL: EMILY H~ [SON Assistant City Manager CMR: 160:07 Page 3 of 3 Attachment A ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 2006-07 TO PROVIDE AN ADDITIONAL APPROPRIATION OF $121,000 FROM THE INFRASTRUCTURE RESERVE INTO CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NUMBER PL-02005,EL CAMINO REAL/VENTURA INTERSECTION IMPROVEMENTS The Council of the City of PaloAlto does ordain as follows: SECTION I. The City Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto,the Council on June 12, 2006 did adopt a budget for fiscal year 2006-07; and B. CIP Project Number PL-02005, E1 Camino Real/Ventura Intersection Improvements (Project) had unspent appropriation of Sixty One Thousand Dollars ($61,000); and C. This unspent appropriation was returned to the Infrastructure Reserve pursuant to Budget Amendment Ordinance 4834 approved on May 18, 2004 (CMR: 273:04); and D. Caltrans has scheduled to begin construction of E1 Camino/Ventura Intersection Improvements in the summer of 2007 and requires a share in the construction costs in the amountnot to exceed $121,000 from the City of Palo Alto (City); and E. An appropriation of One Hundred Twenty One Thousand Dollars ($121,000) is needed to provide funds to cover the share of the City for the construction of the Project; and F. The additional appropriation of funds is for one-time expenditures; and G. City Council authorization is needed to amend the 2006-07 budget as hereinafter set forth. SECTION 2. The sum of One Hundred Twenty One Thousand Dollars ($121,000) is hereby appropriated to CIP PL-02005, E1 Camino Real/Ventura Intersection Improvements. SECTION 3. The Infrastructure Reserve is hereby decreased by One Hundred Twenty One Thousand Dollars ($121,000) with a remaining balance of Twelve Million Seven Hundred Four Thousand Two Hundred Fifty Two Dollars ($12,704,252) as shown in Exhibit A. SECTION 4.. As specified in Section 2.28.080(a) of the Palo Alto Municipal Code, a two-thirds vote of the City Council is required to adopt this ordinance. SECTION 5. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance will take effect upon its adoption. SECTION 6. Caltrans, the lead agency for this project, has determined that this Project is categorically exempt under Section 1510, Class i, of the Caltrans Regulations for Implementation of the California Environmental quality Act (CEQA). This is the equivalent of the CEQA Guidelines exemption category for alteration of existing facilities. Council concurs with this conclusion. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Mayor APPROVED: City Attorney City Manager Director of Planning and Community Environment Director of Administrative Services EXHIBIT A Budget Amendment Ordinances Impacting Infrastructure Reserve Approved-To-Date in 2006-07 Balance - July 1, 2006 ( CAFR audited balance) 06-07 Net change to reserve -adopted budget 2006-07 Projected Ending Balance Before BAOs Less: Additional Appropriation PE-05002 Main Library Space Reconfiguration 2006-07 Midyear Adjustments PL-02005 El Camino Real/Ventura Intersection Improvements $20,138,000 ($7,054,000) $13,084,000 ($135,098) (123,650) (121,000) Reserve Balance After BAO’s [ $12,704,2521 ATTACHMENT B ECR ] VENTURA SIGNAL (PL-02005) CityWorks Description: This project will provide for the installation of a five-phase, fully actuated traffic signal at the intersection of E1 Camino Real (Route 82) and Ventura Avenue. Justification: This project is being implemented by Caltrans as a result of complaints from local residents about pedestrian safety. A Traffic Signal Warrant study was conducted and the findings indicate that a traffic signal is needed due to the volume of continuous traffic. The City and Caltrans participate in the funding of traffic signals on a cost-sharing basis. In this case, Palo Alto has been asked to contribute approximately one-third of the cost of the project. CIP FACTS: o Contiuuing ¯ Project Status: Construction ¯ Timeline: 2007-2008 ¯ Overall Project Completion: 0% ¯ Percent Spent: 0% ¯ Managing Department: Planning ¯ Comprehensive Plan: This furthers Progams L-33 and L-34 ° Board/Co~mnission Review: PTC IMPACT ANALYSIS: ¯ Environmental: Categorically exempt from CEQA ¯ Design Elements: None ¯ Operating: None ° Telecommunications: None PY Budget PY Actuals as of 12/31/06 $0 Pre-Design Costs Design Costs Construction Costs Other Revenues: Source of Funds: $121,000 Infrastructure Reserve $121,000 1 City of Palo Alto 2006-07Bttdgel ATTACHMENT C NOT YET APPROVED 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 THE INSTALLATION OF TRAFFIC CONTROL SIGNALS AND THE CONSTRUCTION OF ROADWAY IMPROVEMENTS AT THE INTERSECTION OF EL CAMINO REAL (ROUTE 82) AND VENTURA AVENUE WHEREAS, the State of California by and through its Department of Transportation is proposing to undertake a joint traffic signal and roadwork improvements project at the intersection of El Camino Real (Route 82) and Ventura Avenue; and WHEREAS, the State of California has requested the City of Palo Alto approve a cooperative agreement providing for the payment of a share of the cost of said improvements. NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION 1. The Mayor is hereby authorized to execute the Caltrans Cooperative Agreement No. 4-2021 attached to this resolution as Exhibit A by and between the State of California and the City of Palo Alto for the installation of traffic control signals and the construction of roadway improvements at the intersection of E1 Camino Real (Route 82) and Ventura Avenue. I/ // // I/ // // // // 070508 syn0120211 NOT YET APPROVED 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 guidelines for the California Environmental Quality Act ("CEQA"), pursuant to Section 15061 (b)(3). Caltrans has further determined that it can be seen with certainty that there is no possibility the project will have a significant effect on the environment. /NTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager St. Deputy City Attorney Director of Planning and Community Community Environment 070508 syn0091265 EXHIBIT A 04-SCL-82 KP 37.4 (PM 23.24) Traffic Signal at Intersection of E1 Camino Real and Ventura Avenue 04-380-1A0501 District Agreement No. 4-2021 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO EFFECTIVE ON , 2007, is between the STATE OF CALIFORNIA, acting by and through its Department 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 1.STATE and CITY, pursuant to Streets and Highways Code Sections 114 and 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within the City of Palo Alto, County of Santa Clara. STATE and CITY contemplate the installation of traffic control signals and the construction of roadway improvements on Route 82 at the intersection of E1 Camino Real (Route 82) and Ventura Avenue in the City of Palo Alto, referred to herein as "PROJECT," and desire to specify the terms and conditions under which PROJECT is to be engineered, constructed, financed, and maintained. The estimated construction cost of PROJECT is $562,300, as shown on Exhibit A, attached to and made a part of this Agreement. SECTION I STATE AGREES: To provide all necessary preliminary engineering, including, but not limited to, environmental compliance and approval of PROJECT, investigation of potential cultural resources and hazardous material sites, plans, specifications, and estimate (PS&E), and complete utility identification and location; to provide all necessary construction engineering services needed to complete PROJECT; and to bear STATE’s share of the actual costs thereof. Estimates of such costs are shown on Exhibit A. 2.To construct PROJECT by contract in accordance with PS&E of STATE. o To pay an amount equal to sixty-seven percent (67%) of the cost for signals and lighting, and one hundred percent (100%) of the cost of roadway improvements. The combined total amount for the project is estimated to be $562,300 (see exhibit A). The STATE’s total obligation for the costs of PROJECT under this Agreement, excluding costs referred to Article 18 of Section III of this Agreement, is estimated to be $452,300 and any expenditures by STATE beyond that estimate is subject to an encumbrance of additional contract funds to accomplish that extra work on PROJECT. District Agreement No. 4-2021 To submit a billing to CITY in the amount of $110,000 fifteen (15) days prior to STATE’s bid advertising date of a construction contract for PROJECT. Said billing represents CITY’s estimated proportionate share of the preliminary engineering ($8,800), construction engineering ($13,200), and construction capital ($88,000) costs required to complete PROJECT, as sho~vn on Exhibit A. 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 the resolution of any claims related to the construction contract which have been allowed to the construction contractor. STATE thereafter shall refund to CITY promptly after completion of STATE’s final accounting of costs for PROJECT, any amount of CITY’s deposit required in Article 1 of Section II of this Agreement remaining after actual costs to be borne by CITY have been deducted, or shall bill CITY for any additional amount required to complete CITY’s financial obligations assumed pursuant to this Agreement. 6.To submit a final report of expenditures to CITY within one hundred twenty (120) days after completion and acceptance of the construction contract for PROJECT by STATE. 7.To maintain the entire traffic control signals and safety lighting as installed and pay an amount equal to sixty-seven percent (67%) of the total maintenance costs, including electrical energy costs. 8.To operate the traffic control signals as installed and pay one hundred percent (100%) of the operation cost. To furnish the traffic signal control equipment for PROJECT. This equipment shall consist of signal controller unit and signal Control cabinet. The estimated cost of this equipment is $15,000, and the actual cost to STATE shall be credited to STATE’s share of the cost of PROJECT, and as shown on Exhibit A. SECTION II CITY AGREES: To deposit with STATE within twenty-five (25) days of receipt of billing therefor (which billing will be forwarded to CITY by STATE fifteen (15) days prior to STATE’s bid advertising date of a construction c-ontract for PROJECT), the amount of $110,000, which figure represents CITY’s estimated proportionate share of the preliminary engineering (88,800), construction engineering (813,200), and construction capital ($88,000) costs required to complete PROJECT, as shown on Exhibit A. CITY’s total obligation for said anticipated costs of PROJECT, excluding costs referred to in Article 18 of Section III of this Agreement, shall not exceed the amount of $110,000, provided that CITY may, at its sole discretion, in writing, authorize a greater amount. CITY’s share of the construction cost for PROJECT, which said share is estimated to be $88,000, shall be an amount equal to the total of thirty three percent (33%) of the actual cost for the construction of signal and lighting, zero percent (0%) of the actual cost for the construction of roadway improvements including the cost of claims related to the construction contract, the cost of STATE’s defense of any of those claims, the cost of material furnished by STATE, if any, and the costs referred to in Article 18 of Section III of this Agreement, as determined after completion of work on PROJECT and upon final accounting of costs for PROJECT. District Agreement No. 4-2021 3.CITY’s share of the expense of preliminary engineering shall be an amount equal to thirty-three percent (33%) of STATE’s actual costs for Signal and Lighting of the preliminary engineering for PROJECT. 4.CITY’s share of the expense of construction engineering shall be an amount equal to thirtv-three percent (33%) of STATE’s actual cost for Signal and Lighting of the construction engineering for PROJECT. To pay STATE upon completion of all work on PROJECT and within twenty-five (25) days of receipt 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 assumed pursuant to this Agreement. o To reimburse STATE for CITY’s proportionate share of the total maintenance costs of the entire traffic control signals and safety lighting as installed, such share to be an amount equal to thirty-three percent (33%), of said maintenance costs, including electrical energy costs. 7.At no cost to STATE, to provide prompt review and approvals, as appropriate, of submittals by STATE, and to coordinate in timely processing of PROJECT. SECTION III IT IS MUTUALLY AGREED: All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of funds by the California Transportation Commission to STATE for the purposes of fulfilling STATE’s obligations herein. 2.STATE shall not award a contract to construct PROJECT until after receipt of CITY’s deposit required in Article 1 of Section II of this Agreement. 3.Should any portion of PROJECT be financed with Federal funds or State gas tax funds, all applicable laws, regulations, and policies relating to the use of such funds shall apply, notwithstanding other provisions of this Agreement. After opening bids for the construction contract for PROJECT, CITY’s estimate of cost will be revised based on actual bid prices. CITY’s required deposit under Article 1 of Section II of this Agreement will be increased or decreased to match said revised estimate. If the estimated deposit increase or decrease is less than $1,000, no refund or demand for additional deposit will be made until final accounting of costs for PROJECT. 5.After opening bids for the construction contract for PROJECT, and if bids indicate a cost overrun of no more than ten percent (10%) of the estimate will occur, STATE may award the contract. If, upon opening bids, it is found that a cost overrun exceeding ten percent (10%) of the construction cost estimate for PROJECT 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 terminated by mutual consent pursuant to Article 8 of this Section III. 3 District Agreement No. 4-2021 o 10. 11. 12. Prior to award of the construction contract for PROJECT, CITY may terminate this Agreement by written notice, provided CITY pays STATE for all costs related to the electrical portion of PROJECT incurred by STATE prior to termination. If termination of this Agreement is by mutual consent, STATE will bear sLx-ty-seven percent (67%) and CITY to will bear thirty-three percent (33%) of all project costs related to Signal and Lighting, and STATE will bear one hundred percent (100%) of all project costs related to road work incurred by STATE prior to termination, except that any utility relocation costs shall be prorated in accordance with STATE’s/CITY’s responsibility for utility relocation costs. As part of its design responsibility, STATE will identify and locate all utility facilities within the area of PROJECT. Existing public and/or private utility facilities that conflict with the construction of PROJECT or will violate STATE’s encroachment policy will be protected, relocated, or removed. STATE will make all necessary arrangements with the owners of. such facilities for said protection, relocation, or removal 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. The costs of the protection, relocation, or removal shall be apportioned between the owner of the utility facility and STATE/CITY in accordance with STATE’s policy and procedure. The share of the costs of protection, relocation, or removal to be borne by STATE and CITY shall be in the same proportionate manner as construction costs of PROJECT are shared as stipulated in Article 3 of Section I and Article 2 of Section II of this Agreement. If any unforeseen existing public and/or private utility facilities conflict with the construction of PROJECT or will violate STATE’s encroachment policy, STATE will . make all necessary arrangements with the owners of such facilities for any required protection, relocation, or removal. Relocation, protection, or removal performed under this Article shall meet all of the requirements of Article 9 of this Section III. If cultural, archaeological, paleontological, or other protected resources are encountered during construction of PROJECT, STATE shall stop work in that area until a qualified professional can evaluate the nature and significance of the find; until a plan is approved for the removal or protection of that resource;, and until responsibilities for costs thereof are determined. Any hazardous material or contamination of an HM-1 category found within the existing State highway right of way during investigative studies requiring remedy or remedial action, as defined in Division 20, Chapter 6.8, et seq. of the Health and Safety Code, shall be the responsibility of STATE. Any hazardous material or contamination of an HM-1 category found within the local road right of way during investigative studies requiring the same defined remedy or remedial action shall be the responsibility of CITY. For the purpose of this Agreement, hazardous material or contamination of HM- 1 category is defined as that level or type of contamination which State or Federal regulatory control agencies having jurisdiction have determined must be remediated by reason of its mere discovery, regardless of whether it is disturbed by PROJECT or not. If it is decided by STATE and CITY to not proceed with PROJECT, STATE shall sign the HM-1 manifest and pay all costs for required remedy or remedial action within the existing State highway right of way and CITY shall sign the HM-1 manifest and pay all costs for required remedy or remedial action within the local road right of way. If it is decided by said parties to proceed with PROJECT, STATE shall sign the HM-1 manifest for required remedy or remedial action within the existing State highway right of way and CITY shall sign the HM-1 manifest for required remedy or remedial action within the local road right of way. STATE and CITY shall share all costs for required remedy or remedial action in the same proportionate ratio as costs 4 District Agreement No. 4-2021 13. 14. 15. 16. 17. 18. for construction of PROJECT are shared as specified in Sections I and II of this Agreement. If hazardous material or contamination of an HM-1 category is not found within the existing_ State highway right of way until after construction of PROJECT has commenced, STATE shall sign the HM-1 manifest and if hazardous material or contamination of an HM-1 category is not found within the local road right of way until after construction of PROJECT has commenced, CITY shall sign the HM-1 manifest. STATE and CITY shall share the costs for required remedy or remedial action in the same proportionate ratios as stated in Article 12 of this Section III when it was decided to proceed with PROJECT but prior to construction. If STATE determines, in its sole judgment, that costs for remedy or remedial action within and outside the existing State highway right of way are increased due to construction of PROJECT, all additional costs identified by STATE shall be borne by STATE. The remedy or remedial action with respect to any hazardous material or contamination of an HM-2 category found within and outside the existing State highway right of way during investigative studies shall be the responsibility of STATE if PROJECT proceeds. For the purposes of this Agreement, any hazardous material or contamination of HM-2 category is defined as that level or type of contamination which said regulatory control agencies would have allowed to remain in place if undisturbed or otherwise protected in place had PROJECT not proceeded. STATE and CITY shall jointly sign the HM-2 manifest if PROJECT proceeds and HM-2 material must be removed in lieu of being treated in place. STATE and CITY- shall share all costs for required remedy or remedial action in the same proportionate ratio as costs for construction of PROJECT are shared as specified in Sections I and II of this Agreement. If hazardous material or contamination of an HM-2 category is not found within and outside the existing State highway right of way until after construction of PROJECT has commenced, STATE and CITY shall jointly sign the HM-2 manifest and share all costs for required remedy or remedial action in the same proportionate ratio as costs for construction of PROJECT are shared as specified in Sections I and II of this Agreement. Locations subject to remedy or remedial action and/or protection include utility relocation work required for PROJECT. Costs for remedy and remedial action and/or protection shall include but not be limited to, the identification, treatment, protection, removal, packaging, transportation, storage, and disposal of such material. The party responsible for the hazardous material cleanup shall be responsible for the development of the necessary remedy and/or remedial action plans and designs. Remedial actions proposed by CITY on the State highway right of way shall be pre- approved by STATE and shall be performed in accordance with STATE’s standards and practices and those standards mandated by the Federal and State regulatory agencies. The total obligations of the parties to this Agreement as specified in Article 3 of Section I and Article 1 of Section II do not include costs of claims related to the construction contract allowed, the costs of defense of those claims, and the costs of any unforeseen encounters of the type described in Articles 10 through 17 of this Section III. Additional costs and responsibilities for any required actions that exceed the budgeted costs of PROJECT shall be covered by amendment to this Agreement. STATE may be required to stop work on PROJECT until additional funding is secured and/or restore the site of PROJECT to a condition of safe operation, using any then unexpended funds for PROJECT, if those additional funds are not made available for PROJECT. 5 District Agreement No. 4-2021 19. 20. 21. 22. 23. 24. 25. 26. Upon completion of all work on PROJECT under this Agreement, ownership and title to materials, equipment and appurtenances (other than utilities) installed within the State highway right of way will automatically be vested in STATE and materials, equipment and appurtenances installed outside of the State highway right of way will automatically be vested in CITY or another responsible third party unless this Agreement expressly provides to the contrary. No further agreement will he necessary to transfer ownership as herein before stated. The cost of any engineering; any protection, removal, preservation, and curation of protected resources; and any identification, treatment, removal, packaging, transportation, and storage of any hazardous materials encountered on PROJECT shall include all direct and indirect costs (functional and administrative overhead assessment) attributable to all such work, applied in accordance with STATE’s standard accounting procedures. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the development, design, construction, operation, or maintenance of State highways and public facilities different from the standard of care imposed by law. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by-reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction conferred upon STATE and arising under this Agreement. It is understood and agreed that STATE shah fully defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. During the construction of PROJECT, STATE will furnish a representative to perform the functions of a Resident Engineer, and CITY may, at no cost to STATE, furnish a representative, if it so desires. While said representative and Resident Engineer will cooperate and consult with each other, the decisions of STATE’s Resident Engineer shall prevail. Execution of this Agreement by CITY grants to STATE the right to enter upon CITY- owned lands to construct PROJECT. In the event actual costs of PROJECT are anticipated to exceed the cost estimates for PROJECT, the parties hereto agree to each exert its best efforts to proportionately increase its funding contributions b.y amendment to this Agreement to provide for those required costs. 6 District Agreement No. 4-2021 27.Those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the construction contract for PROJECT by STATE, or on June 30, 2010, whichever is earlier in time. However, the ownership, operation, maintenance, indemnification, and claims clauses shall remain in effect until terminated or modified, in writing, by mutual agreement. Should any claim related to the construction contract 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. STATE OF CALIFORNIA Department of Transportation WILL KEMPTON Director CITY OF PALO ALTO By:By: Deputy District Director Mayor Approved as to form and procedure: t u- / Attorney Department of Transportation Attest: City Clerk Approved as to form: Certified as to funds:Attorney District Budget Manager Certified as to financial terms and policies: A~counting Admi~/~strator 7 District Agreement No. 4-2021 4-SCI-82-KP 37.4 (PM 23.24) EXHIBIT A COST ESTIMATE BREAKDOWN Description I. Signal and Li~htin~ (STATE 67%, CITY 33%) Construction Caoital Cost Electrical Work State Furnished Materials Contingencies (5% +/-) Subtotal I (Siznal and Li~,htin~ Caoital Cost) Suooort Costs Prelirninarv Enzineerinz* (STATE 67%, CITY 33%) Construction Engineering** (STATE 67%, CITY 33%) TOTAL CITY STATE $242.000 $78,760 $163.240 15.000 5.950 10.050 12.800 4.290 8,510 $269.800 $88,000 $181,800 $27.000 $8.800 $18.200 $40,500 $13,200 $27,300 Total Signal and Li~,htin~, (Caoital + Suooort)$337,100 $110,000 $227,100 II. Roadwork (STATE 100%, CITY 0%) Construction Caoital cost Earthwork, Asohalt Concrete, Strioing, Roadside Signs Suoplemental Work (5% +/-) State Furnished Materials Contingencies (5% +/-) Subtotal II (Roadwork Caoital Cost) Suooort Costs Roadway Preliminary Engineering* Roadway Construction Enzineering** $143.000 0 $143,000 $10.700 0 $10.7.00 18.000 0 18,000 8,500 0 8.500 $180,200 0 $180,200 $18.000 0 $18,000 $27.000 0 $2%000 Total Roadwork (Caoital + Suooort)$225.200 0 $225.200 Total Pro.iect Costs (Siznal and Li~htin~ + Roadwork)$562,300 $110,000 $452,300 *Preliminary Engineering is estimated at 10% of the signal and lighting and Roadway construction cost. **Construction Engineering is estimated at 15% of the signal and lighting and Roadway construction cost. Note: In the above table, some of the values may have been rounded off to simplify the presentation. Wherever percentages are shown, they shall prevail over the dollar amounts derived there from. ATTACHMENT D g~kens, 2007~05~7 10:02:49 ~his document ts a graphk: represenlation only of best available sources Assessor Parcels (\’,cc~nl ap s~g~s$\gls~d m~n\rnet a\V~ew, Mdb )Tr~ Cily of paJo Al~o assumes no respons©i~ty for any errors. © 1989 to 2007 Cily of pa]o A~lo INDEX OF ELECTRICAL PLANS E-I, E-2 SIGNAL AND LIGHTING E-3 SIGNAL AND LIGHTING (CONDUCTOR, POLE AND EQUIPMENT SCHEDULES) E-4 ELECTRICAL DETAILS (SERVICE EQUIPMENT AND TYPICAL WIRING DIAGRAM TYPE III-A SERIES) @6P ~2 .4P --~ ~2P ~3 1 <~----4>~2p I I ~I KILOMETER POST ISREETI TOTALDISTCOUNTYROUT=TOTAL PROJECT NO SHEETS 041 sc, l82 I 37.4 I I PROJECT NOTES "~PROPOSED PHASE DIAGRAM goTo gel ~ l~ web sfl&to~ ~:/A~,d~o.g~ []CITY OF PALO ALTO UTILITIES UNDERGROUND PULL BOX. ~SYSTEM No. 37-082-23242 (CITY OF PALO ALTO) ~/SINGLE PHASE 120 V/208 V (UNDERGROUND SPL[CE BOX PG~048)[]MARK THIS PULL BOX "CALTRANS SERVICE". ~ ~’LOAD: (TIME OF USE METERED, A6 RATE) []INSTALL I.SKVA, 208/240 V, STEP-UP XFMR WITH 6A PRIMARY SIDE PRoTEcTIONS.~750 W OF LED SIGNALS REROUTED INTO NEW ~2-310 w HPS LUM[NAIRES THE 1sic IN LOS ROBLES Ave SIDE ~HALL BE PULLED TO CREATE SUFFICIENT SLACK TO BE ¯ / ’2-150 W [[SNS X -l- p- W Z Z W CONTROLLER CABINET TO CONNECT CURTNER Ave iNTERSECTION CONTROLLER TO VENTURA Ave INTERSECTION CONTROLLER. ]INTERNALLY ILLUMINATED 1.8 rn STREET NAME SIGN INSTALLATION DETAIL SEE STANDARD PLAN ES-70.<53C, 3#2rq z--I R/W EXISTING CITY LIGHTING AVE INTERSECTION CONTROLLER CABINET 213U~ 213L ..... F~W ................................................................................................................ R/W I k 56 METERSr--xF"TO LIMIT LINE 41C, 2 DLC T i o3 22.2 41C, 2 SIC 02 21 .0 rn l TYPE I II-AF SERVICE EQUIPMENT ENCLOSURE N0.23242 PROVIDE EQUIPMENT ITEMS (~ THROUGH(~) ,@ THROUGH ~ ,~ , ~) AND DOOR SHALL@THROUGH @ PER SERVICE WIRING DIAGRAM ON SHEET E-4. FACE NORTH~WEST¯ CTID No. 043?0820023242 41C, 2#6(120 V, SlO), 2#8(208 V, LTG), 3#14(120 V, PEU), 2#I0(120 V, IISNS) 2#6(120 V, SIG) STATE FURN[SHEO MODEL 170 CONTROLLER ASSEMBLY, USING A MODEL 332 CABINET. FRONT DOOR OF CABINET SHALL FACE NORTH-WEST. 2#8(240 V, LTG), 3#14(120 V, PEU), 2#10(120 V, IISNS) 56 METERS TO k I DLC LIMIT LINE ’-" X~. .--------41C, 2, , R/W ~ /’ ----- I 16U4L u ~HL~-~---q"~’: ............................~ 6 DLC ROUTE 82 ......... ¯ SEE DETAIL A THIS PLAN IS ACCURATE FOR ELECTRICAL WORK ONLY RELATIVE BORDER SCALE 0 20 40 GO 80 IS IN MILLIMETERS I I [l [I I I J’ R/W ’ ........... DETAIL A (DRIVEWAY) TUSERNAME =) Imifcr~el DGN F I LE = > 41 o050uoO01 . dgn ALL DIMENSIONS ARE IN ~METERS UNLESS OTHERWISE SHOWN SIGNAL AND LIGHTI,NG SCALE: 1:200 ICU 04344 lEA IA0501 E-1