HomeMy WebLinkAboutStaff Report 113-08City of Palo Alto
Citv Mana er’s Re ort
TO:HONORABLE CITY COUNCIL
]
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:
SUBJECT:
FEBRUARY 4, 2008 CMR:ll3:08
ADOPTION OF A RESOLUTION RELATING TO THE AGREEMENT
FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY AND
APPROVAL OF A REIMBURSEMENT AGREEMENT IN AN AMOUNT
NOT TO EXCEED $37,500 ANNUALLY WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION
RECOMMENDATION
Staff recommends that Council:
Adopt the attached resolution (Attachment A) approving the maintenance agreement with
the State of California, acting by and through the Department of Transportation (the
State), in an amount not to exceed $37,500 annually, for street cleaning and authorized
traffic signal and street light maintenance of State highways in the City of Palo Alto; and
Authorize the City Manager or his designee to sign the Agreement for Maintenance of
State Highways in the City of Palo Alto (Attachment B).
DISCUSSION
The current agreement with the State was executed in 1974 and amended in 1988 (CMR:189:88).
The agreement provided for City staff to provide maintenance for a portion of State Highway 82
(El Camino Real) that lies within the City limits. The State, in remm would reimburse the City
up to $24,000 annually. No amendments have been issued since that time and maintenance costs
have increased since 1988.
Under the updated proposed agreement, the City will provide street sweeping services on the
portion of State Highway 82 (4.02 miles of E1 Camino Real) which lies within the City. The
State will reimburse the City for street sweeping maintenance costs up to $34,000 annually.
Also included in this agreement is a limited traffic signal and street light maintenance cost
sharing arrangement between the City and the State, by which the State will share costs with the
City on a pro rata basis and reimburse the City up to $3,500 annually. The Refuse and Electric
Funds will cover the cost for the work to be performed, but the State will reimburse the City.
The agreement would remain in effect until amended by the mutual consent of the parties or
terminated by either party upon thirty (30) days notice to the other party.
CMR:113:08 Page 1 of 2
RESOURCE IMPACT
Funds are available in the Refuse Fund and Electric Fund Operating budgets to cover
maintenance costs for sweeping, and authorized traffic signa! and street light maintenance. The
reimbursement from the State will cover the cost for the work to be performed.
POLICY IMPLICATIONS
The recommendation does not represem changes to existing City policies.
ENVIRONMENTAL REVIEW
This project is categorically exempt from the California Environmental Quality Act (CEQA)
under section 15301 of the CEQA Guidelines.
ATTACHMENTS
Attachment A: Resolution
Attachment B: Maintenance Agreement
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
Superintendent,PW 0pe~,0kions
GLENN S. ROBERTS
Director of Public Works
EMILY ~SON
Assistant City Manager
CMR:113:08 Page 2 of 2
ATTACHMENT
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF PALO ALTO
RELATING TO THE AGREEMENT FOR MAINTENANCE OF
STATE HIGHWAYS IN THE CITY OF PALO ALTO
WHEREAS, the State of California, through the Department of Transportation,
has presented an agreement for maintenance of state highways in the City of Palo Alto, which if
executed would become effective as of July 1, 2007, and would remain in effect until amended
or terminated; and
WHEREAS, the Council of the City of Palo Alto is familiar with such agreement
and with the rights and duties which will fall upon the Department of Transportation and the City
of Palo Alto should such agreement be executed.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Palo Alto
that such agreement for maintenance of the state highways in the City is hereby approved, the
City Manager or his/her designee hereby is authorized and directed to execute the same for and
in behalf of the City, and the City Clerk is authorized and directed to attest his signature.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
AB STENTIONS:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
City Manager
Director of Administrative
Services
Director of Public Works
080115 jb 0130259
ATTACI-~ENT B
DMA PA
Effective July 1, 2007
AGREEMENT FOR MAINTENANCE OF STATE I-HGHWAYS
IN THE CITY OF PALO ALTO
THIS AGREEMENT is made effective this first day of July, 2007, by and
between the State of California, acting by and through the Department of Transportation,
hereinafter referred to as "STATE", and the City of Palo Alto, hereinafter referred to as
"CITY".
II.
III.
go
The parties desire to provide that the CITY perform particular
maintenance functions on the State highways within the CITY as
authorized in Section 130 of the Streets and Highways Code.
This Agreement shall supersede any previous agreement for maintenance
of the identified portion of the State highways in the CITY and/or
amendments thereto with the CITY.
CITY will perform such maintenance work as is specifically delegated to
it on the identified State highway routes or portions thereof, all hereinafter
described under Exhibit A hereof, or said Exhibit may be subsequently
modified with the consent of the parties hereto acting by and through their
authorized representatives.
The degree or extent of maintenance work to be performed, and the
standards therefore, shall be in accordance with the provisions of Section
27 of the Streets and Highways Code and the then current edition of the
State Maintenance Manual (a copy of which has been provided to the
CITY, also available on the STATE website), or as may be prescribed
from time to time by the District Director. "District Director", as used
herein, means the District Director of the Department of Transportation
assigned to the territory in which the CITY is located, or an authorized
representative.
STATE reserves the option to inspect at random all areas of State
highways maintained by CITY. However, such random inspection does
not preempt CITY’s maintenance responsibilities as specified in this
Agreement.
STATE issued encroachment permits will be required for third parties
when maintenance work is re-delegated. Such re-delegated work shall be
performed at the same levels of service as spelled out herein and will be
subject to the same random inspections as provided for work performed
directly by CITY forces.
The functions and levels of maintenance service delegated to the CITY in
the attached Exhibit A, DELEGATION OF MAINTENANCE, has been
Page 1 of 12
DMA PA
Effective July
VI. A.
No
Co
VII.
VIII. A.
No
1, 2007
considered in setting authorized total dollar amounts. The CITY may
perform additional work if desired. However, the STATE will not
reimburse the CITY for any work in excess of the authorized dollar limits
established herein.
STATE will reimburse the CITY for the actual cost of all routine
maintenance work performed by the CITY as delegated under Exhibit A
of this Agreement. It is agreed that during any fiscal year, the maximum
expenditure on any route shall not exceed the amount as shown in Exhibit
A of this Agreement unless such expenditure is revised by an amended
Agreement or otherwise adjusted or modified as hereinafter provided for.
The cost of maintaining electrical facilities (safety lighting and!or traffic
signals) by the CITY shall be shared as shown in Exhibit B.
The expenditure per route for routine maintenance work, referred to
above, may be increased or decreased, redistributed between routes, or
additional expenditures for specific projects may be made when such
adjustment of expenditures for routine maintenance or such specific work
is authorized in writing by the District Director or his authorized
representative.
Additional expenditures, or an adjustment of expenditures, once
authorized shall apply during the fiscal year designated therein and shall
not be deemed to permanently modify or change the basic maximum
expenditure per route as hereinafter specified. An adjustment of any said
maximum expenditure, either an increase or decrease, shall not affect
other terms of the Agreement.
A new Exhibit A, DELEGATION OF MAINTENANCE, will be provided
annually by the STATE for the ensuing fiscal year if necessary, to ensure
an equitable annual cost allocation.
The CITY will submit bills in a consistent periodic sequence (monthly,
quarterly, semiannually, or annually). Bills for less than $500 shall not be
submitted more than once each quarter. Bills must be submitted within six
months following the close of the STATE’s fiscal year on June 30th and
should be coded according to the Caltrans HM Program Code as outlined
in this Agreement. Bills submitted for periods prior to the last fiscal year
will be deemed waived and will not be honored.
Maintenance services provided by contract or on a unit-rate basis with
overhead costs included will not have these above-mentioned charges
added again. An actual handling charge by the CITY for the direct cost of
processing this type of bill will be allowed.
Page 2 of 12
DMA PA
Effective July
IX.
XI.
XII.
1, 2007
Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not parties to this contract or to
affect the legal liability of either party to the contract by imposing any
standard of care respecting the maintenance of State highways different
from the standard of care imposed by law.
It is understood and agreed that neither the STATE nor any officer or
employee is responsible for any damage or liability occurring by reason of
anything done or omitted to be done by the CITY under or in connection
with any work, authority, or jurisdiction delegated to the CITY under this
agreement. It is understood and agreed that pursuant to Government Code
Section 895.4, the CITY shall defend, 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 in account of
injuries to or death of any person, or damage to property resulting from
anything done or omitted to be done by the CITY under or in connection
with any work, authority or jurisdiction delegated to the CITY under this
Agreement.
It is understood and agreed that neither the CITY nor any officer or
employee thereof is responsible for any damage or liability occurring by
reason of anything done or omitted to be done by the STATE under or in
connection with any work, authority or jurisdiction delegated to the
STATE under this agreement. It is understood and agreed that pursuant to
Government Code Section 895.4, STATE shall defend, indemnify and
save harmless the CITY, all officers and employees from all claims, suits
or actions of every name, kind and description brought for or on account
of injuries to or death of any person or damage to property resulting from
anything done or omitted to be done by the STATE under or in connection
with any work, authority or jurisdiction delegated to the STATE under this
Agreement.
STATE costs and expenses assumed under the terms of this Agreement
are conditioned upon the passage of the annual State of California Budget
by the Legislature, the allocation of funding by the California
Transportation Commission as appropriate, and the encumbrance of
funding to the District Office of STATE to pay the billing by the CITY.
This Agreement shall remain in full force and effective until amended by
the mutual consent of the parties thereto or terminated by either party upon
thirty (30) days notice to the other party.
Page 3 of 12
DMA PA
Effective July 1, 2007
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year below written.
CITY OF PALO ALTO STATE OF CALFORNIA
DEPARTMENT OF TRANSPORTATION
Assistant City Manager
Attest:WILL KEMPTON
Director of Transportation
By
City Clerk USEN INYANG Date
Deputy District Director
Maintenance
Approved as to form:
City Attorney
Page 4 of 12
DMA PA
Effective July 1, 2007
EXHIBIT "A"
DELEGATION OF MAINTENANCE
The specific maintenance function indicated below and on EXHIBIT B is
hereby delegated to the CITY. This delegation of maintenance function set forth
herein does not include the control and maintenance areas and functions which rest
with the CITY under the terms of executed Freeway Agreements and!or Freeway
Maintenance Agreements.
Route Length
No. Miles Description of Routing
Maximum
Annual
Program Authorized
Delegated Expenditure
35 1.44 Skyline Boulevard, from the south city None
limits at Engineer’s Station 163+70 to
city limits at Engineer’s Station 161 +00,
a length of 0.05 for this portion; also
from Engineer’s Station 158+70 to Engineer’s
Station 156+40, a length of 0.05
mile for this portion: also, from city
limits at Engineer’s Station 143+80 to
city limits at Engineer’s Station
138+30, a length of 0.10 mile for this
portion; also, from city limits at Engineer’s
station 135+60 to city limits at
Engineer’s Station 115+00, a length of
0.39 mile for this portion; also, from city
limits at Engineer’s Station 110+22 to
city limits at Engineer’s Station 94+00, a
length of 0.31 mile for this portion; also,
from city limits at Engineer’s Station
88+60 to north city limits at Engineer’s
Station 60+00, a total length of 1.44 miles.
$ 0.00
82 E1 Camino Real, from southeast city
limits at Adobe Creek to northwest city
limits at San Francisquito Creek; a
length of 4.02 miles.
Footnotes 1,2,3,4,5,6,7,8
HM2C
HM2D
HM2E
HM4K
Total Expenditure Route 82
$ 0.00
$34,000.00
0.00
3,500.00
$37,500.00
Page 5 of 12
DMA PA
Effective July 1, 2007
EXHIBIT "A"
Route Length
No. Miles Description of Routing
101 3.62 Bayshore Freeway, from southeast city
limits, 1,400’ southeast of San Antonio
Road Overcrossing to city limits at San
Mateo County line at San Francisquito
Creek, a length of 3.62 miles, of which
half width from city limits 1,400’ southeast
of San Antonio Road Overcrossing to city
limits at San Antonio Road Overcrossing;
a length of 0.27 mile lies within the City.
280 0.05 Junipero Serra Freeway, from city limits
1,800’ north of Page Mill Road Undercrossing
to city limits 2,050’ north of Page Mill Road
Undercrossing; a length of 0.05 mile.
TOTAL AUTHORIZED EXPENDITURE
Program
Delegated
None
None
Maximum
Annual
Authorized
Expenditure
$ 0.00
$ 0.00
$37,500.00
Footnotes:
Length of sheet to be cleaned-15.2 curb miles.
STATE will maintain lighting connected with State traffic signal circuits. CITY will
maintain other authorized intersection lighting. STATE will participate in energy costs
as shown on Exhibit B.
o
o
CITY will maintain, at CITY expense, all portions of the University Avenue structure
across E1 Camino Real above the bridge deck (see Exhibit C), except as provided for
hereinafter. STATE will perform structural maintenance of bridge rails. CITY at CITY
expense will provide for cleaning and painting of bridge rails.
Maintenance of landscaped areas or other ornamental plantings in the median area,
except in the vicinity of the University Avenue Overcrossing, will be performed by the
CITY at no expense to the STATE. The STATE will maintain landscaping in the vicinity
of the University Avenue Overcrossing.
STATE will issue permits for encroachments between curb lines. CITY will issue permits
for encroachments between curb line and right of way line on each side (covered under a
separate agreement).
Page 6 of 12
DMA PA
Effective July 1, 2007
EXHIBIT "A"
Footnotes (continued):
CITY will regulate temporary street closures on E1 Camino Real (State Route 82) in
accordance with Palo Alto Ordinance No. 2593 as approved by the Department of Public
Works on July 21,1971.
STATE shall maintain drainage structures and waterways, including storm drainage
grates.
o Hardscaping, installed by CITY under encroachment permit, in the medians will be
maintained by CITY, at CITY expense. Unplanted and paved medians will be
maintained by STATE, at STATE expense.
Page 7 of 12
DMA PA
Effective July 1, 2007
EXHIBIT "A"
MAINTENANCE PROGRAM FUNCTIONS:
The CITY shall perform only those maintenance functions delegated, as identified,
in Exhibit A (Delegation of Maintenance) of this Agreement.
A brief description of those maintenance functions delegated to the CITY are as
follows, identified by the Caltrans HM Families (Program) codes.
HM2C SLOPES/DRAINAGE/VEGETATION
This provides for cleaning, maintaining and repairing curbs, gutters, sidewalks and
other appurtenances between the roadbed and the outer highway right-of-way
boundary line. It also includes weed and brush control by chemical, biological or
mechanical methods; and plant replacement, trimming and removal of trees and
pest control.
Monolithic Curb and Gutter: The gutter portion is part of the pavement, which is
STATE responsibility to maintain. The curb portion is part of the sidewalk, which
is CITY responsibility to maintain. Should either party hereto, while making
repairs to their respective portion, replace the entire curb and gutter unit, the party
making such repairs will replace the entire curb and gutter unit at their own
expense. Curb and gutter units located in medians will be as provided for
hereinbelow.
Roadside Signs: Unless specifically authorized by STATE, STATE will not
maintain or pay for maintenance of regulatory signs installed for the purpose of
stopping vehicular traffic at pedestrian or school crossings nor regulatory signs
installed for the prohibition or the regulation of parking.
HM2D LITTER/DEBRIS
This provides for removal of litter and debris from roadway surfaces and
roadsides.
The following problems are included:
1. Debris/carcass pickup
2. Sweeping
3. Litter pickup
4. Spills of non-toxic substances
Page 8 of 12
DMA PA
Effective July 1, 2007
EXHIBIT "A"
HM2E LANDSCAPING
This provides for plant replacement, watering, fertilizing, removal and trimming
of trees and shrubs and control of weeds in planted areas.
Monolithic curb and gutter in medians: Curb and gutter units located in either
landscaped or hardscaped medians will be maintained by CITY, at CITY expense.
HM4K ELECTRICAL
This includes maintenance work performed on highway electrical facilities
including flashing beacons, traffic signals, traffic signal systems, safety lighting
and sign lighting. It also includes the electrical energy for these items.
The STATE will not pay for the maintenance, installation, repair, servicing, or
power for ordinary street lighting. However, lighting at intersections, which
qualify as safety lighting under warrants approved/accepted by the STATE will be
paid for when specifically authorized by the District Director. Where such lighting
has been authorized, the maintenance and energy costs thereof shall be shared
between the STATE and the CITY on a pro rata basis in the same ratio as the
number of legs in the intersection under each jurisdiction bears to the total number
of legs. The authorized lights are listed in Exhibit B.
The cost of maintaining traffic signals or other electrically operated traffic devices
and safety lighting now in place or those which may hereafter be installed at the
intersection of any STATE highway route and any CITY street shall be shared
between the STATE and the CITY on a pro rata basis in the same ratio as the
number of legs in the intersection under each jurisdiction bears to the total number
of legs. The same principle of cost distribution shall apply to freeway
interchanges.
The above does not apply if there is an Electrical Facility Cost Sharing Agreement
in force.
EXHIBIT "D"
The attached Exhibit "D" summarizes in tabular form, for convenience, the
requirements described in this Exhibit "A". In the event of any discrepancy
between Exhibit "A" and Exhibit "D", Exhibit "A" will govern over Exhibit "D".
Page 9 of 12
DMA PA
Effective July 1, 2007
EXHIBIT "B"
CITY OF PALO ALTO
TRAFFIC SIGNALS & SAFETY LIGHTING
ROUTE 82
PM INTERSECTION LIGHTS % STATE
23.02 Vista Ave 1 50.000
23.24 Ventura Ave 1 66.666
23.41 Wilton-Barron Aves 2 50.000
23.92 0live Ave 2 66.666
24.42 College Ave 2 50.000
25.45 Embarcadero Rd 2 50.000
25.88 University Ave 6 50.000
LIGHTS - High Pressure Sodium 250 Watt Electroliers
* 8.5 Total Equivalent Units
EQUIV. UNITS*
0.500
0.500
.667
1.333
1.000
3.000
3.000
Page 10 of 12
Note:
(1)CITY does not assume responsibility for
ADA upgrades under this agreement.
Page ii of 12
Exhibit "D"
CalTrans - City of Palo Alto
Maintenance Responsibilities - eft. 07/01/07
¯Route
Item
Bike &Ped Paths a
Bridge Mtce.
Curb Repair ,,/
Electrical Lighting
HAZMAT spills
Landscaping &
Irrigation "/
Median Island
Curbing
Non-Haz spills ./
Pavement :
Maintenance ~ "/.
Pavement Markings
Pump Mtce."
Regulatory Signs ; ’/
Roadside
LitteffDebris/Carcass
Sidewalk ’/
Signs-Overhead Street
Name ,"
Slopes/Drainage/
Vegetation
Street Name Signs
Street Sweeping
Street Tree Maint.
Striping
Yraffiic Signals
35 . Route 82 Route 101
¯,/" ~
rda
n/a
,/.
,/-.
Route 280
i
n/a
Notes
a When contiguous with the traveled way pavement
b Refer to pre-existing Freeway Agreements and/or
Freeway Maintenance Agreements for specific requirements.
c City will sweep and pickup debris on Ped. O/C
d See Exhibit "A" footnote 2 and
Exhibit "B" Traffic Signals and Safety Lighting
e Exhibit "A" - Footnote #-4, STATE responsible for
landscape and irrigation at University Ave O/C.
All other is CITY maintained at CITY expense.
f See HM2C SLOPES/DRAINAGE/VEGETATION
of Exhibit "A".
g Only on street above pavement at Embarcadero
Rd. and San Antonio Rd. O/C’s
h See HM2C SLOPES/DRAINAGE/VEGETATION
of Exhibit "A".
i Standard street name signs
j Per Exhibit"A" Footnote 1.
n/a Not applicable - no such facilities
Page 12 of 12