HomeMy WebLinkAboutStaff Report 191-08TO:
FROM:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
4
DATE:APRIL 7, 2008 CMR: 191:08
SUBJECT:ADOPTION OF A RESOLUTION AUTHORIZING EXECUTION OF A
COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR THE STANFORD
AVENUE/EL CAMINO REAL (ROUTE 82) INTERSECTION
IMPROVEMENT PROJECT
RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving a cooperative a~eement
between the California Department of Transportation (Caltrans) and the City of Palo Alto for the
environmental evaluation, design and construction phases of the E1 Camino Real/Stanford
Avenue Streetscape and Intersection Improvement Project.
BACKGROUND
This project includes the environmental evaluation, design and construction of improvements to
implement the demonstration phase of the E1 Camino Real Master Design Plan developed by
Caltrans and the City of Palo Alto. The project area includes the intersection of E1 Camino Real
and Stanford Avenue and extends approximately 100 feet beyond the intersection along all four
approaches to the intersection. The proposed project includes installation of new comer bulb-
outs, realignrnent and enhanced/textured paving of the pedestrian crosswalks, two new
pedestrian refuges with bollards and in-wound lighting, widened landscape medians with
planting and street trees, widened sidewalk with street trees, transit amenities and street furniture,
new ornamental street and sidewalk lights, signal poles and new storm drain outlets. Since E1
Camino Real (Route 82) is a state highway, Caltrans will be the lead agency for the California
Environmental Quality Act (CEQA) and the National Environmenta! Policy Act (NEPA) review.
Design plans will be prepared per Caltrans design standards, and will be submitted to Caltrans
for its review. In order to proceed, a cooperative a~eement between Caltrans and the City of
Palo Alto is required.
In December 2006, the Santa Clara Valley Transportation Authority (VTA) Board of Directors
approved $1,334,000 in Community Design and Transportation (CDT) grant funding for the E1
Camino/Stanford Avenue Project. These funds are a combination of both federal and state
funding and authorization will be required for the use of the funds for each phase of the project.
CMR: 191:08 Page 1 of 3
On April 16, 2007, City Council accepted the award of $1,334,000 in federal transportation gant
funds for the E1 Camino Real/Stanford Avenue Streetscape and Intersection Improvement
Project PL-07002, to be paid on a reimbursement basis from the VTA CDT capital gant
program.
Staff has been working with the Caltrans Office of Local Assistance to complete all necessary
paperwork in order to authorize use of the funds and begin the environmental review and design
phase of the project. Staff was informed in October 2007 that a Cooperative Agreement between
the City and Caltrans was necessary because a portion of this project is located on E1 Camino
Real, which is a state high~vay. The California Transportation Commission (CTC) approved the
use of funds at its December 13, 2007 meeting. Completion of forn~s necessary for the federal
portion of the funds also needs to be finalized.
DISCUSSION
The Cooperative A~eement provides details of the roles and responsibilities of each agency for
each phase (environmental review, design, right of way and construction) of the project. A
signed cooperative agreement is needed before the end of the fiscal year on June 30, 2008 in
order for Caltrans to authorize funding to be set aside for the environmental and design phase of
the project.
City staff will retain the services of a consultant to provide complete environmental and design
services for the construction of the E1 Camino/Stanford Avenue Streetscape project. Services
will include environmental assessment of the project, urban design, civil and traffic engineering
as required. The consultant ~vill prepare construction drawings at the 30%, 60%, 90% and 100%
stages and will finalize the construction documents and cost estimates for the project. The City
will work closely with Caltrans to ensure timely review and submittal of all engineering and
construction services.
RESOURCE IMPACT
Total funding for the environmental, design and construction of the project is estimated at
$1,668,000. The CDT grant requires a 20% local match of $334,000. The remaining $!,334,000
~vill be from federal funding sources. Local match funds totaling $334,000 will be provided by
the City’s CIP projects PL-98013 (Schoo! Commute Safety Improvements), PL-04101 (Bicycle
Boulevards Implementation Project) and from staff time in-kind services.
POLICY IMPLICATIONS
This project is consistent with existing policy, including Comprehensive Plan Transportation
Element policies. In addition, the E1 Camino Real/Stanford Avenue intersection is identified as a
critical intersection on the City’s adopted School Commute Corridors network as well as in the
Pa!o Alto Bicycle Transportation Plan. This improvement was also identified on the E1 Camino
Real Master Plam~ing Study.
CMR: 191:08 Page 2 of 3
ENVIRONMENTAL REVIEW
The environmental review of the project will be conducted prior to the completion of the design
of the project. Caltrans, as the lead agency for CEQA and NEPA, will determine the type of
documentation required and will cause that documentation to be prepared by the City.
ATTACHMENTS
A. Resolution Approving Cooperative Agreement
PREPARED BY:
DEPARTMENT HEAD:
SHAHLA YAZD
Transportation En ineer
/",;
S tEVE SLIE
Director/~of Planning ~ Community
Snviro~ent
CITY MANAGER APPROVAL:
)N
Assistant City Manager
CMR: 191:08 Page 3 of 3
ATTACHMENT A
NOT YET APPROVED
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT
WITH THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR THE STANFORD AVENUE/EL CAMINO
REAL (ROUTE 82) INTERSECTION IMPROVEMENTS PROJECT
WHEREAS, The State of California by and through its Department of
Transportation in partnership with the City of Palo Alto is proposing to complete the Project
Report, Environmental, Design and Construction for the Stanford Avenue/El Camino Real
(Route 82) Intersection Project; and
WHEREAS, the State of California has requested the City of Palo Alto adopt a
resolution authorizing the execution of the cooperative agreement providing for the services of
said improvements.
NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE
as follows:
SECTION 1. The City Manager is hereby authorized to execute the Caltrans
Cooperative Agreement No. 04-2194 attached to this resolution as Exhibit A by and between the
State of California and the City of Palo Alto for the Stanford Avenue/E1 Camino Real (Route
82) Intersection Project.
SECTION 2.The City Council finds that this project is subject to the California
Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). State
of California, which is the lead agency for the California Environmental Quality Act (CEQA)
and the National Environmental Policy Act (NEPA) for the project, will determine the type of
environmental documentation required and will cause that documentation to be prepared.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATFEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Mayor
City Manager
Assistant City Attorney
080327 syn 0120282
Director of Planning and Community
Environment
EXHIBIT A
04-SCL-82-24.5
EA: 4A730
Federal No.RIP-TE-T3-06-TLC-CO-F/ST-SCL
District Agreement 04-2194
COOPERATIVE AGREEMENT
This agreement, effective on ., is between the State of
California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Palo Alto, a body politic and municipal corporation or chartered city of the State
of California, referred to as CITY.
RECITALS
CALTRANS and CITY, collectively referred to as PARTNERS, are authorized to enter
into a cooperative agreement for improvements to the SHS per Streets and Highways
Code sections 114 and/or 130.
o WORK completed under this agreement contributes toward improvements at the
intersection of Stanford Avenue in the City of Palo Alto on Route 82 (El Camino Real),
referred to as PROJECT.
o PARTNERS will cooperate to complete PA&ED, PS&E, R/W and CONSTRUCTION of
PROJECT.
5.
6.
7.
There are no prior PROJECT-related cooperative agreements.
No PROJECT deliverables have been completed prior to this agreement.
The estimated date for COMPLETION OF WORK is December 31, 2010.
PARTNERS now define in this agreement the terms and conditions under which they
will accomplish WORK.
DEFINITIONS
CALTRANS STANDARDS - Caltrans policies and procedures, including, but not limited to,
the guidance provided in the Guide to Project Delive~T ~Vorkplan Standards (previously known
as WBS Guide) available at http:,..,dot.ca.uox,.
CEQA - The California Environmental Quality Act (California Public Resources Code, sections
21000 et seq.) that requires State and local agencies to identify the significant enviromnental
impacts of their actions and to avoid or mitigate those significant impacts, if feasible.
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District Agreement 04-2194
COMPLETION OF WORK - All PARTNERS have met all scope, cost, and schedule
commitments included in this a~eement and have signed a COOPERATIVE AGREEMENT
CLOSURE STATEMENT.
CONSTRUCTION - The project component that includes the activities involved in the
administration, acceptance, and final documentation of a construction contract for PROJECT.
COOPERATIVE AGREEMENT CLOSURE STATEMENT - A document signed by
PARTNERS that verifies the completion of all scope, cost, and schedule commitments included
in this ageement.
FHWA - Federal Highway Administration.
FHWA STANDARDS - FHWA regulations, policies and procedures, including, but not limited
to, the guidance provided at http :!iwww. flawa.dot.govipro gram s.html.
FUNDING PARTNER - A partner who commits a defined dollar amount to WORK.
FUNDING SUMMARY - The table in ~vhich PARTNERS designate funding sources, types of
funds, and the project components in which the funds are to be spent. Funds listed on the
FUNDING SUMMARY are "not-to-exceed" amounts for each FUNDING PARTNER.
ttM-1 - Hazardous material (including, but not limited to, hazardous waste) that requires
removal and disposal pursuant to federal or state law regardless of whether it is disturbed by
PROJECT or not.
HM-2 - Hazardous material (including, but not limited to, hazardous waste) that requires
removal and disposal pursuant to federal or state law only if disturbed by PROJECT.
HM MANAGEMENT ACTIVITIES - Management activities related to either HM-1 or HM-2
including, without limitation, any necessary manifest requirements and disposal facility
designations.
IMPLEMENTING AGENCY - The partner responsible for managing the scope, cost, and
schedule of a project component to ensure the completion of that component.
IQA - Independent Quality Assurance - Ensuring that IMPLEMENTING AGENCY’S quality
assurance activities result in WORK being developed in accordance with the applicable
standards and ~vithin an established Quality Management Plan. IQA does not include any work
necessary to actually develop or deliver WORK or any validation by verifying or rechecking
work perfomaed by another partner.
NEPA - The National Environmental Policy Act of !969 that establishes a national policy for
the environment and a process to disclose the adverse impacts of projects with a Federal nexus.
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PA&ED - The project component that includes the activities required to deliver the project
report and environmental documentation for PROJECT.
PARTNERS - The term that collectively references all of the signatory agencies to this
agreement. This term only describes the relationship between these agencies to work together to
achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one
partner’s individual actions legally bind the other partners.
PROJECT MANAGEMENT PLAN - A group of documents used to guide a project’s
execution and control throughout the project’s lifecycle.
PS&E - The project component that includes the activities required to deliver the plans,
specifications, and estimates for PROJECT.
RESIDENT ENGINEER - A civil engineer licensed in the State of California who is
responsible for construction contract administration activities. Said engineer shall be independent
of the design engineering company and the construction contractor.
R/W - The project component that includes the activities required to deliver the right of way for
PROJECT.
SAFETEA-LU - The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users, signed into federal law on August 10, 2005.
SCOPE SUMMARY - The table in which PARTNERS designate their commitment to specific
scope activities within each project component as outlined by the Guide to Project Deliver3,
Workplan Standards (previously known as WBS Guide) available at http:/idot.ca.~ov, or as
indicated on the SCOPE SUMMARY.
SHS - State Highway System.
SPENDING SUMMARY - The table in which PARTNERS designate how they will spend
funds within each project component.
SPONSOR(S) - The partner(s) responsible for securing the financial resources for WORK from
FUNDING PARTNERS. This includes any additional or unforeseen expenses that are not
otherwise stated as WORK or PROJECT costs in this agreement.
STATE-FURNISHED MATERIAL - Any materials or equipment supplied by CALTRANS.
WORK - All scope and cost commitments included in this agreement.
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District Agreement 04-2194
RESPONSIBILITIES
8.CITY is SPONSOR for all WORK.
CITY is FUNDING PARTNER for this agreement. Their funding commitments are
defined in the FUNDING SUMMARY.
10.CALTRANS is the CEQA lead agency and the NEPA lead agency for PROJECT.
CALTRANS will determine the type of environmental documentation required and will
cause that documentation to be prepared.
11.CITY is IMPLEMENTING AGENCY for PA&ED.
12.CITY is IMPLEMENTING AGENCY for PS&E.
13.CITY is IMPLEMENTING AGENCY for R/W.
14.CITY is IMPLEMENTING AGENCY for CONSTRUCTION.
SCOPE
General Scope Articles
15.All WORK will be performed in accordance with Federal and California laws,
regulations, and standards.
All WORK will be performed in accordance with FHWA STANDARDS and
CALTRANS STANDARDS.
16.IMPLEMENTING AGENCY for a project component will provide a Quality
Management Plan for that component as part of the PROJECT MANAGEMENT PLAN.
17.CALTRANS will provide IQA for the portions of WORK within existing and proposed
SHS right of way. CALTRANS retains the right to reject noncompliant WORK, protect
public safety, preserve property rights, and ensure that all WORK is in the best interest of
the SHS.
18.CITY may provide IQA for the portions of WORK within its right of way.
19.PARTNERS may, at their own expense, have a representative observe any scope, cost, or
schedule commitments performed by another partner. Observation does not constitute
.authority over those commitments.
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20.
21.
22.
23.
Each partner will ensure that all of their personnel participating in WORK are
appropriately qualified to perform the tasks assigned to them.
PARTNERS will invite each other to participate in the selection and retention of any
consultants who participate in WORK.
PARTNERS will conform to sections 1720- 1815 of the California Labor Code and all
applicable regulations and coverage determinations issued by the Director of Industrial
Relations if PROJECT work is done under contract (not completed by a partner’s own
employees) and is governed by the Labor Code’s definition of a "public work" (section
! 720(a)(1)).
PARTNERS wilt include wage requirements in al! contracts for "public work" and will
require their contractors and consultants to include prevailing wage requirements in all
agreement-funded subcontracts for "public work".
IMPLEMENTING AGENCY for each project component included in this agreement will
be available to help resolve WORK-related problems generated by that component for the
entire duration of PROJECT.
24.
25.
26.
27.
CALTRANS will issue, upon proper application, at no cost, the encroactmaent permits
required for WORK within SHS right of way.
Contractors and/or agents, and utility owners ~vill not perform WORK without an
encroachment permit issued in their name.
If unanticipated cultural, archaeological, paleontological, or other protected resources are
discovered during WORK, all work in that area will stop until a qualified professional
can evaluate the nature and si~aificance of the discovery and a plan is approved for its
removal or protection.
All administrative draft and final reports, studies, materials, and documentation relied
upon, produced, created, or utilized for PROJECT will be held in confidence pursuant to
Government Code section 6254.5(e).
PARTNERS will not distribute, release, or share said documents with anyone other than
employees, agents, and consultants who require access to complete WORK without the
written consent of the partner authorized to release them, unless required or authorized to
do so by law.
If any partner receives a public records request, pertaining to WORK under this
agreement, that partner will notify PARTNERS within five (5) working days of receipt
and make PARTNERS aware of any transferred public documents.
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28.
29.
30.
31.
32.
34.
35.
36.
37.
38.
If riM-1 or HM-2 is found during WORK, IMPLEMENTING AGENCY for the project
component in which it is found will immediately notify PARTNERS.
CALTRANS, independent of PROJECT, is responsible for any HM-1 found within
existing SHS right of~vay. CALTRANS will undertake HM-! MANAGEMENT
ACTIVITIES ~vith minimum impact to PROJECT schedule.
CITY, independent of PROJECT, is responsible for any HM-1 found outside existing
SHS right of way. CITY will undertake HM-1 MANAGEMENT ACTIVITIES with
minimum impacts to PROJECT schedule.
If riM-2 is found within PROJECT limits, the public agency responsible for the
advertisement, award, and administration (AAA) of the PROJECT construction contract
will be responsible for managing HM-2 MANAGEMENT ACTIVITIES.
PARTNERS ~vill comply with all of the commitments and conditions set forth in the
environmental permits, approvals, and agreements as those commitments and conditions
apply to each partner’s responsibilities in this agreement.
IMPLEMENTING AGENCY for each project component will furnish PARTNERS ~vith
written quarterly progress reports during the implementation of WORK in that
component.
Upon COMPLETION OF WORK, ownership and title to all materials and equipment
constructed or installed as part of WORK within SHS right of way become the property
of CALTRANS.
IMPLEMENTING AGENCY for a project component may accept, reject, compromise,
settle, or litigate claims of any non-agreement parties hired to do WORK in that
component.
PARTNERS will confer on any claim that may affect WORK or PARTNERS’ liability or
responsibility under this agreement in order to retain resolution possibilities for potential
future claims. No partner shall prejudice the rights of another partner until after
PARTNERS confer on claim.
PARTNERS will maintain and make available to each other all WORK-related
documents, including financial data, during the term of this agreement and retain those
records for four (4) years from the date of termination or COMPLETION OF WORK, or
three (3) years after the final federal voucher, whichever is later.
PARTNERS have the right to audit each other in accordance with generally accepted
governmental audit standards.
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District Agreement 04-2194
39.
40.
41.
42.
43.
44.
CALTRANS, the State auditor, FHWA, and CITY will have access to all WORK-related
records of each partner for audit, examination, excerpt, or transaction.
The examination of any records will take place in the offices and locations where said
records are generated and/or stored and will be accomplished during reasonable hours of
operation.
The audited partner will review the preliminary audit, findings, and recommendations,
and provide written comments within 60 calendar days of receipt.
Any audit dispute not resolved by PARTNERS is subject to dispute resolution. Any costs
arising out of the dispute resolution process will be paid within 30 calendar days of the
final audit or dispute resolution findings.
PARTNERS consent to service of process by mailing copies by registered or certified
mail, postage prepaid. Such service becomes effective 30 calendar days after mailing.
However, nothing in this agreement affects PARTNERS’ rights to serve process in any
other matter permitted by law.
PARTNERS will not incur costs beyond the funding commitments in this agreement. If
IMPLEMENTING AGENCY anticipates that funding for WORK will be insufficient to
complete WORK, SPONSOR(S) will seek out additional funds and PARTNERS will
amend this agreement.
If WORK stops for any reason, IMPLEMENTING AGENCY will place all facilities
impacted by WORK in a safe and operable condition acceptable to CALTRANS.
If WORK stops for any reason, PARTNERS are still obligated to implement all
applicable commitments included in the PROJECT enviromnental documentation,
permits, agreements or approvals in order to keep PROJECT in environmental
compliance until WORK resumes.
PARTNERS accept responsibility to complete the activities identified on the SCOPE
SUMMARY. Activities marked with "N/A" on the SCOPE SUMMARY are not included
in the scope of this agreement.
CITY will coordinate, obtain, implement, and if necessary, renew, and amend the
permits, agreements or approval from applicable resource agencies for PROJECT.
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Project Approval and Environmental Documentation (PA&ED) Scope Articles
45.CALTRANS is the CEQA lead agency. CALTRANS will determine the type of
environmental documentation required and will cause that documentation to be prepared.
46.All partners involved in the preparation of CEQA environmental documentation will
follow the CALTRANS STANDARDS that apply to the CEQA process.
47.Pursuant to SAFETEA-LU Section 6004 and/or 6005, CALTRANS is the NEPA lead
agency for PROJECT and wil! assume responsibility for NEPA compliance and any
associated Federal environmental requirements. )
48.All partners involved in the preparation of NEPA environmental documentation will
follow the FHWA STANDARDS that apply to the NEPA process. )
49.CITY will prepare the appropriate environmental documentation to meet CEQA and
NEPA requirements.
50.CITY will submit any CEQA environmental documentation, including any studies and
reports prepared by CITY, to CALTRANS for CALTRANS’ review, comment, and
approval at appropriate stages of development prior to public availability. )
51.CITY will submit any NEPA environmental documentation, including any studies and
reports, prepared by CITY to CALTRANS for CALTRANS’ review, comment, and
approval prior to public availability.
52.CITY will prepare, publicize, and circulate all CEQA-related public notices. CITY will
submit all notices to CALTRANS for CALTRANS’ review, comment, and approval prior
to publication and circulation.
53.CITY will prepare, publicize, and circulate all NEPA-related public notices, except
Federal Register notices. CITY will submit all notices to CALTRANS for CALTRANS’
review, comment, and approval prior to publication and circulation.
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54.
59.
Plans,
60.
CALTRANS will work with the appropriate Federal agency to publish notices in the
Federal Register.
CITY will plan, schedule, prepare materials for, and host all CEQA-related public
meetings. CITY will submit all materials to CALTRANS for CALTRANS’ review,
comment, and approval at least 10 working days prior to the public meeting date.
As the CEQA lead agency, CALTRANS will attend all CEQA-related public meetings.
CITY will plan, schedule, prepare materials for and host all NEPA-related public
meetings. CITY will submit al! materials to CALTRANS for CALTRANS’ review,
comment, and approval at least 10 working days prior to the public meeting date.
As the NEPA lead agency, CALTRANS will attend all NEPA-related public meetings.
If a partner who is not the CEQA or NEPA lead agency holds a public meeting about
PROJECT, that partner must clearly state their role in PROJECT and the identity of the
CEQA and NEPA lead agencies on all meeting publications. All meeting publications
must also inform the attendees that public comments collected at the meetings are not
part of the CEQA or NEPA public review process.
That partner will submit all meeting advertisements, agendas, exhibits, handouts, and
materials to CALTRANS for CALTRANS’ review, comment, and approval at least 10
working days prior to publication or use. If that partner makes any changes to the
materials, that partner will allow CALTRANS to review, comment, and concur on those
changes three (3) working days prior to the public meeting date.
As the CEQA and NEPA lead agency, CALTRANS maintains final editorial control with
respect to text or graphics that could lead to public confusion over CEQA and NEPA-
related roles and responsibilities.
The partner who prepares the environmental documentation including the studies and
reports will ensure that the individuals who actually prepared the documentation remain
available to discuss environmental issues, and will perform any necessary work to ensure
that the PROJECT remains in environmental compliance.
Specifications, and Estimates (PS&E) Scope Articles
CITY will ensure that the engineering finn preparing the plans, specifications, and
estimates will not be employed by or under contract to the PROJECT construction
contractor.
CITY will not employ the engineering firm preparing the plans, specifications, and
estimates for construction management of PROJECT.
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However, CITY may retain the engineering firm during CONSTRUCTION to check shop
drawings, do soil foundation tests, test construction materials, and perform construction
surveys.
61.CITY will identify and locate all utility facilities within PROJECT area as part of PS&E
responsibilities. All utility facilities not relocated or removed in advance of construction
will be identified on the plans, specifications, and estimate for PROJECT.
62.CITY will make all necessary arrangements with utility owners for the timely
accommodation, protection, relocation, or removal of any existing utility facilities that
conflict with construction of PROJECT or that violate CALTRANS’ encroachment
policy.
63.CITY will reevaluate the environmental documentation if any factors arise during PS&E
that might impact PROJECT’s environmental compliance.
Right of Way (R/W) Scope Articles
64.CITY will provide a land surveyor licensed in the State of California to be responsible for
surveying and right of way engineering. All survey and right of way engineering
documents shall bear the professional seal, certificate number, registration classification,
expiration date of certificate, and signature of the responsible surveyor.
65.CITY ~vill make all necessary arrangements with utility owners for the timely
accommodation, protection, relocation, or removal of any existing utility facilities that
conflict with construction of PROJECT or that violate CALTRANS’ encroachment
policy.
66.CITY will provide CALTRANS-approved verification of its arrangements for the
protection, relocation, or removal of all conflicting facilities and that such work will be
completed prior to construction contract award or as otherwise stated in the PROJECT
plans, specifications, and estimates. This verification must include references to all
required SHS encroachment permits.
67.CITY will utilize a qualified CALTRANS-approved public agency or consultant in all
right of way activities. Right of way consultant contracts will be administered by a
qualified right of way person.
68.CITY ~vitl provide a Right of Way Certification to CALTRANS prior to PROJECT
advertisement.
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69.CITY is responsible to obtain the permission from CALTRANS Division of Right of
Way to hear Resolutions of Necessity at the county level in accordance with the R/W
Manual, Section 17.04.09.01, should that need arise as part of this PROJECT.
70.CITY will reevaluate the environmental documentation if any factors arise during R/W
that might impact PROJECT’s environmental compliance.
CONSTRUCTION Scope Articles
71.CITY will advertise, open bids, award, and approve the construction contract in
accordance with the Public Contract Code and the California Labor Code.
CITY will not advertise the construction contract until CALTRANS completes or accepts
the final plans, specifications, and estimates package; CALTRANS approves the Right of
Way Certification; and FUNDING PARTNERS fully fund WORK.
By accepting responsibility to advertise and a~vard the construction contract, CITY also
accepts responsibility to administer the construction contract.
72.CITY will provide a RESIDENT ENGINEER and construction support staff who are
independent of the design engineering company and construction contractor.
73.CITY will provide a landscape architect licensed in the State of California.
74.PARTNERS will implement changes to the construction contract through contract change
orders (CCOs). PARTNERS will review and concur on all CCOs over $5,000. All CCOs
affecting public safety or the preservation of property, all design and specification
changes, and all major changes as defined in the CALTRANS Construction Mammal will
be approved by CALTRANS in advance of the CCO work to be performed.
75.PARTNERS will use a CALTRANS-approved construction contract claims process, will
administer all claims through said process, and vvill be available to provide advice and
technical input in any claims process.
7d.If the lowest responsible construction contract bid is equal to or less than 10% over the
engineer’s estimate, CITY may award the contract. If the lowest responsible construction
contract bid is more than 10% over the engineer’s estimate, all PARTNERS must be
involved in determining ho~v to proceed. If PARTNERS do not a~ee in writing on a
course of action within 15 working days, this agreement will terminate.
77.CITY will require the construction contractor to furnish payment and performance bonds
naming CITY as obligee and to carry liability insurance in accordance with CALTRANS
.specifications.
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78.
79.
80.
81.
82.
CITY will submit a written request for any STATE-FURNISHED MATERIAL identified
in the PROJECT plans, specifications, and estimates a minimum of 45 calendar days in
advance of the need for such materials.
Upon receipt of payment, CALTtLANS will make STATE-FURNISHED MATERIAL
available at a CALTRANS-designated location.
CITY will reevaluate the environmental documentation if any factors arise during
CONSTRUCTION that might impact PROJECT’s environmental compliance.
CITY will provide maintenance for those portions of the SHS included in this agreement
until a separate maintenance agreement is in effect.
Upon COMPLETION OF WORK, those portions of the SHS within the WORK limits of
this agreement will be covered by an existing maintenance agreement.
COST
General Cost Articles
83.SPONSOR(S) will secure funds for all WORK including any additional funds beyond the
FL~DING PARTNERS’ existing commitments in this agreement. Any change to the
funding commitments outlined in this agreement requires an amendment.
84.The cost of any awards, judgments, or settlements generated by WORK is a WORK cost.
85.CALTRANS, independent of PROJECT, will pay all costs for HM MANAGEMENT
ACTIVITIES related to any HM-1 found within existing SHS right of way.
86.CITY, independent of PROJECT, will pay all costs for HM MANAGEMENT
ACTIVITIES related to any HM-1 or HM-2 found outside of existing SHS right of way.
87.HM MANAGEMENT ACTIVITIES costs related to HM-2 are a PROJECT
CONSTRUCTION cost.
88.The cost of coordinating, obtaining, implementing, renewing and amending all of the
necessary permits, approvals, and agreements is a PROJECT cost.
89.The cost of complying with all of the commitments set forth in the environmental
documentation, permits, approvals, and agreements is a PROJECT cost.
90..The cost to ensure that PROJECT remains in environmental compliance is a WORK cost.
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District Agreement 04-2194
91.The cost of any lega! challenges to the CEQA or NEPA environmental process or
documentation is a WORK cost.
92.
93.
94.
95.
Independent of WORK costs, CALTRANS will fund the cost of its own IQA for WORK
done within existing or proposed future SHS right of way.
Independent of WORK costs, CITY will fund the cost of its own IQA for WORK done
outside ultimate SHS right of way.
Fines, interest, or penalties levied against any partner will be paid, independent of
WORK costs, by the partner whose actions or lack of action caused the levy. That partner
will indemnify and defend all other partners.
CALTRANS will administer all Federal subvention funds identified on the FUNDING
SUMMARY.
96.The cost to place PROJECT right of way in a safe and operable condition and meet all
environmental commitments is a WORK cost.
97.Because IMPLEMENTING AGENCY is responsible for managing the scope, cost, and
schedule of a project component, if there are insufficient funds available in this
agreement to place the right of way in a safe and operable condition or to continue the
environmental commitments, the appropriate IMPLEMENTING AGENCY accepts
responsibility to fund these activities until such time as PARTNERS amend this
agreement.
That EVIPLEMENTING AGENCY may request reimbursement for these costs during the
amendment process.
PARTNERS will pay invoices within 45 calendar days of receipt of invoice.
FUNDING PARTNERS accept responsibility to provide the funds identified on the
FUNDING SUMMARY.
100.SPONSOR(S) accepts responsibility to ensure full funding for the identified scope of
work.
101.Based on the information compiled in the SPENDING SUMMARY, the CITY wilt
invoice CALTRANS for the following components: PA&ED, PS&E, R/W Support,
CONSTRUCTION Support and CONSTRUCTION Capital. The invoices wil! be
submitted monthly and based on actual costs. Electronic funds transfers will not be
allowed.
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District Agreement 04-2194
Project Approval and Environmental Documentation (PA&ED) Cost Articles
102.The cost to prepare, publicize, and circulate all CEQA and NEPA-related public notices
is a WORK cost.
103.The cost to plan, schedule, prepare materials for, and host all CEQA and NEPA-related
public meetings is a WORK cost.
104.As SPONSOR(S) for PA&ED, CITY will secure funds for any legal challenges to the
CEQA or NEPA environmental process, determination, or documents as a WORK cost.
105.FUNDING PARTNERS will share the cost of PA&ED by percent in the proportions
shown on the FUNDING SUMMARY.
Plans, Specifications, and Estimates (PS&E) Cost Articles
106.The cost to positively identify and locate, protect, relocate, or remove any utility facilities
whether inside or outside SHS right of way will be determined in accordance with
Federal and California laws and regulations, and CALTRANS’ policies, procedures,
standards, practices, and applicable agreements including, but not limited to, Freeway
Master Contracts.
107.FUNDING PARTNERS will share the cost of PS&E by percent in the proportions shown
on the FUNDING SUMMARY.
Right of Way (R/W) Cost Articles
108.FUNDING PARTNERS will share the cost of R/W by percent in the proportions shown
on the FUNDING SUMMARY.
CONSTRUCTION Cost Articles
109.CALTRANS will invoice CITY for the actual cost of any STATE-FURNISHED
MATERIAL as a CONSTRUCTION capital cost.
CONSTRUCTION FUNDING PARTNER(s) will pay CALTRANS within 45 calendar
days of receipt of invoice.
110.The cost to maintain the SHS within WORK limits is a WORK cost until a separate
maintenance agreement is in effect.
111.FUNDING PARTNERS will share the cost of CONSTRUCTION by percent in the
proportions shown on the FUNDING SUMMARY.
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District Agreement 04-2194
SCHEDULE
112.PARTNERS will manage the schedule for WORK through the work plan included in the
PROJECT MANAGEMENT PLAN.
113.
114.
115.
116.
117.
118.
GENERAL CONDITIONS
This agreement will be understood in accordance with and governed by the Constitution
and laws of the State of California. This agreement will be enforceable in the State of
California. Any legal action arising from this agreement will be filed and maintained in
the Superior Court of the county in which the CALTRANS district office signatory to this
agreement resides.
All obligations of CALTRANS under the terms of this agreement are subject to the
appropriation of resources by the Legislature, the State Budget Act authority, and the
allocation of funds by the California Transportation Commission.
Any partner who performs IQA does so for their own benefit. Other partners or parties
not signatory to this agreement cannot assign liability to that partner by reason of their
IQA activities.
Neither CALTRANS 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 or
arising under this agreement. It is understood and agreed that, CITY will fully defend,
indemnify, and save harmless CALTRANS and all of its officers and employees from all
claims, suits, or actions of every name, kind, and description brought forth under, but not
limited to, tortious, contractual, inverse condemnation, or 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 CALTRANS
under or in connection with any work, authority, or jurisdiction conferred upon
CALTRANS or arising under this agreement. It is understood and agreed that,
CALTRANS will fully defend, indemnify, and save harmless CITY and all of its officers
and employees from all claims, suits, or actions of every name, kind, and description
brought forth under, but not limited to, tortious, contractual, inverse condemnation, or
other theories or assertions of liability occurring by reason of anything done or omitted to
be done by CALTRANS under this agreement.
This agreement is not intended to create a third party beneficiary or define duties,
obligations, or rights in parties not signatory to this agreement. This agreement is not
PACT Version 12.26.07 15 of 24
District Agreement 04-2194
intended to affect the legal liability of PARTNERS by imposing any standard of care for
completing WORK different from the standards imposed by law.
119.PARTNERS will not assign or attempt to assign agreement obligations to parties not
signatory to this agreement.
120.Any ambiguity contained in this agreement will not be interpreted against PARTNERS.
PARTNERS waive the provisions of California Civil Code section 1654.
121.A waiver of a partner’s performance under this agreement will not constitute a
continuous waiver of any other provision. An amendment made to any article or section
of this agreement does not constitute an amendment to or negate all other articles or
sections of this agreement.
122.A delay or omission to exercise a fight or power due to a default does not negate the use
of that fight or power in the future when deemed necessary.
123.If any partner defaults in their agreement obligations, the non-defaulting partner(s) will
request in writing that the default be remedied within 30 calendar days. If the defaulting
partner fails to do so, the non-defaulting partner(s) may initiate dispute resolution.
124.PARTNERS will first attempt to resolve agreement disputes at the PROJECT team level.
If they cannot resolve the dispute themselves, the CALTRANS district director and the
executive officer of CITY will attempt to negotiate a resolution. If no resolution is
reached, PARTNERS’ legal counsel will initiate mediation. PARTNERS agree to
participate in mediation in good faith and will share equally in its costs.
Neither the dispute nor the mediation process relieves PARTNERS from full and timely
performance of WORK in accordance with the ternas of this agreement. However, if any
partner stops WORK, the other partner(s) may seek equitable relief to ensure that WORK
continues.
Except for equitable relief, no partner may file a civil complaint until after mediation, or
45 calendar days after filing the written mediation request, whichever occurs first.
Any civil complaints will be filed in the Superior Court of the county in which the
CALTRANS district office signatory to this agreement resides. The prevailing partner
will be entitled to an award of all costs, fees, and expenses, including reasonable attorney
fees as a result of litigating a dispute under this agreement or to enforce the provisions of
this article including equitable relief.
125.PARTNERS maintain the ability to pursue alternative or additional dispute remedies if a
previously selected remedy does not achieve resolution.
PACT Version 12.26.07 16 of 24
District Agreement 04-2194
126.
127.
128.
129.
130.
If any provisions in this agreement are deemed to be, or are in fact, illegal, inoperative, or
unenforceable, those provisions do not render any or all other agreement provisions
invalid, inoperative, or unenforceable, and those provisions wil! be automatically severed
from this agreement.
This agreement is intended to be PARTNERS’ final expression and supersedes all prior
oral understanding or writings pertaining to WORK.
PARTNERS will amend this agreement if additional activities or environmental
documentation are required for CEQA or NEPA compliance.
PARTNERS will execute a formal written amendment if there are any changes to the
commitments made in this agreement.
This agreement will terminate upon COMPLETION OF WORK or upon 30 calendar
days’ written notification to terminate and acceptance between PARTNERS, whichever
occurs first.
131.
132.
However, all indemnification, document retention, audit, claims, environmental
commitment, legal challenge, and ownership articles will remain in effect until
terminated or modified in writing by mutual agreement.
The following documents are attached to, and made an express part of this agreement:
SCOPE SUMMARY, FUNDING SUMMARY, SPENDING SUMMARY.
Signatories may execute this agreement through individual sig-nature pages provided that
each sig-nature is an original. This agreement is not fully executed until all original
signatures are attached.
CONTACT INFORMATION
The information provided below indicates the primary contact data for each partner to this
agreement. PARTNERS will notify each other in writing of any personnel or !ocation changes.
These changes do not require an amendment to this agreement.
The primary agreement contact person for CALTRANS is:
Nick Saleh, Project Manager
111 Grand Avenue
Oakland, California 94612
Office Phone: (510) 286-6355
Mobile Phone: (510) 715-9046
E-Mail: Nick_Saleh@dot.ca.gov
PACT Version 12.26.07 17 of 24
District Agreement 04-2194
The billing contact person for CALTRANS is:
Division of Accounting
ATTN: Candy Yu, Local Program Accounting
P.O. Box 942874
Sacramento, California 94274-0001
Office Phone: (916) 227-4287
E-Mail: Candy_Yu@dot.ca.gov
The primary agreement contact person for CITY is:
Shahla Yazdy, Transportation Engineer
250 Hamilton Avenue
Palo Alto, California 94303
Office Phone: (650) 617-3151
E-Mail: shahla.yazdy@cityofpaloalto.org
SIGNATURES
PARTNERS declare that:
1.Each partner is an authorized legal entity under California state law.
2.Each partner has the authority to enter into this agreement.
3.The people sig-ning this agreement have the authority to do so on behalf of their public
agencies.
PACT Version 12.26.07 18 of 24
District Agreement 04-2194
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
CITY OF PALO ALTO
By:
Stewart D. Ng
Deputy District Director - Design (Interim)
By:
Larry Klein
Mayor
APPROVED AS TO FORM AND
PROCEDURE:
By:
Meera Danday
Attorney
CERTIFIED AS TO FUN~S:
By:
Mike Neff
District Budget Manager
Attest:
Donna Grider
City Clerk
APPROVED AS TO FORM AND
PROCEDURE:
By:
Donald Larkin
Assistant City Attorney
CERTIFIED AS TO FINANCIAL
TERMS AND POLICIES:
By:
Accounting Administrator
Reimbursement Section
PACT Version 12.26.07 19 of 24
04-SCL-82-24.5
EA: 4A730
Federal No. RIP-TE-T3-06-TLC-CO-F/ST-SCL
District Agreement 04-2194
SCOPE SUMMARY
Who is doing what
PROJECT REPORT AND ENVIRONMENTAL2 X XDOCUI~IENT (PA&ED) - 160, 165, 175, 180, 205
PERFORM PRELIMINARY ENGINEERING STUDIES160 XAND DRAFT PROJECT REPORT
PERFORM ENVIRONMENTAL STUDIES AND PREPARE165 XDRAFT ENVIRONMENTAL DOCUMENT
CIRCULATE DRAFT ENVIRONMENTAL DOCUMENT
175 AND SELECT PREFERRED PROJECT ALTERNATIVE X
IDENTIFICATION
PREPARE AND APPROVE PROJECT REPORT AND180 X XFINAL ENVIRONMENTAL DOCUMENT
05 FINAL PROJECT REPORT X
10 FINAL ENVIRONMENTAL DOCUMENT X X
05 APPROVED FINAL ENVIRONMENTAL DOCUMENT X
15 COMPLETED ENVIRONMENTAL DOCUMENT X X
05 RECORD OF DECISION (NEPA)X
10 NOTICE OF DETERMINATION (CEQA)X
20 ENVIRONMENTAL COMMENTS RECORD X
ALL OTHER COMPLETED ENVIRONMENTAL99 XDOCUMENT PRODUCTS
205 OBTAIN PERMITS, AGREEMENTS, AND ROUTE XADOPTIONS
3 PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) -X185, 230,235, 240,250, 255, 260, 265, 999
185 PREPARE BASE MAPS AND PLAN SHEETS X
230 PREPARE DRAFT PS&E X
MITIGATE ENVIRONMENTAL IMPACTS AND CLEAN-235 XUP HAZARDOUS WASTE
240 DRAFT STRUCTURES PS&E X
250 FINA STRUCTURES PS&E X
255 CIRCULATE, REVIEW AND PREPARE FINAL DISTRICT XPS&E PACKAGE
260 CONTRACT BID DOCUMENTS READY TO LIST X
AWARDED AND APPROVED CONSTRUCTION265 XCONTRACT
999 PERMITS, AGREEMENTS, AND ROUTE ADOPTIONS X
4 RIGHT OF WAY (R/W) - 195, 200, 220,225, 245, 255,X300
RIGHT OF WAY PROPERTY MANAGEMENT AND195 XEXCESS LAND
20 of 24PACT Version 12.26.07
District Agreement 04-2194
200 UTILITY RELOCATION X
220 RIGHT OF WAY ENGINEERING X
OBTAIN RIGHT OF WAY INTERESTS FOR PROJECT225 XRIGHT OF WAY CERTIFICATION
300 FINAL RIGHT OF WAY ENGINEERING X
5 CONSTRUCTION (CON) - 255, 270, 285, 290, 295, 999 X
255 CIRCULATE, REVIEW AND PREPARE FINAL DISTRICT
CON PACKAGE X
CONSTRUCTION ENGINEERING AND GENERAL270 XCONTRACT ADMINISTRATION
285 CONTRACT CHANGE ORDER ADMINISTRATION X
290 RESOLVE CONTRACT CLAIMS X
295 ACCEPT CONTRACT, PREPARE FINAL XCONSTRUCTION ESTIMATE, AND FINAL REPORT
999 PERMITS, AGREEMENTS, AND ROUTE ADOPTIONS X
PACT Version 12.26.07 21 of 24
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04-SCL-82-24.5
EA: 4A730
Federal No.RIP-TE-T3-06-TLC-CO-F/ST-SCL
District Agreement 04-2194
SPENDING SUMMARY
What is the money paying for
Project Initiation (PID): No funds have been specified
PA&ED
PROJECT REPORT AND ENVIRONMENTAL DOCUMENT2(PA&ED) - 160, 165, 175, 180, 205
PERFORM PRELIMINARY ENGINEERING STUDIES AND160 80% 20%DRAFT PROJECT REPORT
PERFORM ENVIRONMENTAL STUDIES AND PREPARE165 80% 20%DRAFT ENVIRONMENTAL DOCUMENT
CIRCULATE DRAFT ENVIRONMENTAL DOCUMENT AND
175 SELECT PREFERRED PROJECT ALTERNATIVE 80%20%
IDENTIFICATION
PREPARE AND APPROVE PROJECT REPORT AND FINAL180ENVIRONMENTAL DOCUMENT
205 OBTAIN PERMITS, AGREEMENTS, AND ROUTE 80%20%ADOPTIONS
Design (PS&E
3
185
230
235
240
250
PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) - 185,
230, 235, 240, 250, 255, 260, 265, 999
PREPARE BASE MAPS AND PLAN SHEETS
PREPARE DRAFT PS&E
MITIGATE ENVIRONMENTAL IMPACTS AND CLEAN UP
HAZARDOUS WASTE
DRAFT STRUCTURES PS&E
FINAL STRUCTURES PS&E PACKAGE
CIRCULATE, REVIEW AND PREPARE FINAL DISTRICT
80%20%
80%20%
80%20%
80%20%
80%20%
80%20%
District Agreement 04-2194
Right of Way (Support)
RIGHT OF WAY - 195, 200, 220,225, 245, 255, 300, 999
200 UTILITY RELOCATION
15 APPROVE UTILITY RELOCATION PLAN
20 UTILITY RELOCATION PACKAGE
25 UTILITY RELOCATION MANAGEMENT
30 UTILITY CLOSE OUT
99 OTHER UTILITY RELOCATION PRODUCTS
80%20%
80%20%
80%20%
80%20%
80%20%
80%20%
80%20%
Construction (Support and Capital)
5 CONSTRUCTION (CON) - 255, 270, 285, 290, 295, 999
255 CIRCULATE, REVIEW AND PREPARE FINAL DISTRICT
CON PACKAGE
270 CONSTRUCTION ENGINEERING AND GENERALCONTRACT ADMINISTRATION
285 CONTRACT CHANGE ORDER ADMINISTRATION
290 RESOLVE CONTRACT CLAIMS
ACCEPT CONTRACT, PREPARE FINAL CONSTRUCTION295ESTIMATE, AND FINAL REPORT
999 PERMITS, AGREEMENTS, AND ROUTE ADOPTIONS
80%20%
80%20%
80%20%
80%20%
80%20%
80%20%
80%20%