HomeMy WebLinkAbout2003-08-04 City Council (2)TO:
City of Palo Alto
City Manager’s Report 2HONORABLE CITY COUNCIL
FROM..CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE:AUGUST 4, 2003 CMR: 366:03
SI~JECT:RESOLUTION APPRO~NG AN AGREEMENT WITH CALTRANS
TO INSTALL A TRAFFIC SIGNAL AT US 101 NORTH BOUND OFF-
RAMP AND SAN ANTONIO ROAD AND PE~ORM ROAD WORK
RECOMMENDATION
Staff recommends that Council adopt a resolution (Attachment A) approving an agreement
between Caltrans and the City of Palo Alto to install a traffic signal and perform roadwork
at the US 101 northbound off-ramp and San Antonio Road.
BACKGROUND
In the past few years, staff has received multiple complaints about problems making left
turns from the US 101 northbound off-ramp to westbound San Antonio Road, because there
is no traffic signal at this intersection. Since the US 101 San Antonio Road interchange is
under the jurisdiction of Caltrans, staff started working with Caltrans to develop a traffic
signal and roadwork improvement project at this intersection. A Caltrans study found that
this location meets the warrants required for installation of a traffic signal. Observations also
indicated long backups on the off-ramp and substantial delays in making left turns. The
Level of Service (measured as delay) at this stop controlled intersection is currently "F".
Based upon its evaluation of potential safety and operational issues, Caltrans determined
that safety and access could be improved at the intersection by installing a traffic signal and
making certain road improvements.
DISCUSSION
San Antonio Road is a divided road running in an east-west direction. While San Antonio
Road lies partially within the City of Palo Alto (west of the off-ramp) and partially within
the City of Mountain View (east of the off-ramp), this area is within Caltrans fight-of-way
because it is a part of the US 101/San Antonio interchange. It has one lane in each direction
at its intersection with the northbound off-ramp. The off-ramp is on the south side of the
road. It is a single-lane off-ramp that forms a T-intersection with San Antonio Road and
widens to two lanes, a left-turn lane and a right-turn lane separated by a channnelized island
at the ramp terminus.
CMR:366:03 Page 1 of 3
The northbound on-ramp is located on the north side of the road and is off-set easterly
opposite the US l 01 northbound off-ramp. The on-ramp will not be signalized. The existing
signalized intersection of East Bayshore Frontage Road and San Antonio Road lies just east
of the US 101 northbound off-ramp and San Antonio Road intersection. At the existing
signalized intersection, San Antonio Road has a left-turn lane and a through lane on its
eastbound approach and a left-turn lane and two through lanes on its westbound approach
(see Attachment B, Existing Geometries). At times the off-ramp traffic has to wait for the
eastbound traffic at East Bayshore Frontage Road/San Antonio intersection to clear before
it can proceed. Due to the proximity of the two intersections and eastbound traffic backing
up from the existing signalized intersection to the off-ramp, the new signal will be
coordinated with the existing signal.
Proposed Improvements
The proposed improvements include installation of a two-phase, fully actuated traffic signal
at the intersection of US 101 northbound off-ramp and San Antonio Road, and coordination
of the signal with the existing signalized intersection of East Bayshore Frontage Road/San
Antonio. As part of the signal project, eastbound San Antonio Road will be widened on the
right side, in Palo Alto and Mountain View, to provide an additional lane and a shoulder.
There will be two through lanes on eastbound San Antonio approaching the northbound off-
ramp. At its intersection with East Bayshore Frontage Road, eastbound San Antonio will
have three lanes: a left-turn lane, a through lane and a right-turn lane. The left side of the
off-ramp will be widened to accommodate extended left-turn and right-turn lanes
(Attachment C, Proposed Improvements). All of the road widening is within Caltrans’
jurisdiction and is essential to provide adequate storage. Staff has discussed this proposed
project with the City of Mountain View supports the project (Attachment D, letter of
support from City of Mountain View).
Cooperative Agreement
Since the US 101/San Antonio Road interchange is within Caltrans’ jurisdiction, Caltrans is
the lead agency. In order for the project to proceed, a cooperative agreement between
Caltrans, City of Palo Alto, and the City of Mountain View is required. The proposed
agreement establishes the responsibilities and duties of each party. Caltrans agrees to:
1.Complete all necessary plans and specifications,
2.Complete all roadwork and electrical construction, and
3.Provide all engineering and construction services.
Caltrans will retain ownership and title to all materials, equipment and appurtenances. All
costs are to be shared by Caltrans, the City of Palo Alto and Mountain View, as shown in
Exhibit A of the agreement.
CMR:366:03 Page 2 of 3
The total cost of the project including design and construction is $843,000, with Mountain
View and Palo Alto each paying approximately 28 percent of the cost and Caltrans paying
44 percent. The City’s share is $234,000, plus an allowance for contingencies. If the actual
cost of the project is higher or lower, the City’s share will be adjusted accordingly. The
attached agreement (Exhibit A of the resolution) provides that the City’s share will not
exceed $280,800 ($234,000 plus $46,800, 20 percent contingencies), unless the City, at its
sole direction and in writing, authorizes a greater amount.
RESOURCE IMPACT
A total of $280,800 is available for this work in Capital Improvement Program--project No.
10206.
ENVIRONMENTAL REVIEW
Caltrans has determined that the project is categorically exempt under Section 1510, Class
1, 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. Staff concurs with this.
ATTACHMENTS
A. Resolution approving Cost Sharing Agreement
B. Existing Configuration of San Antonio Road
C. Proposed Project Improvements
D. Letter of Support from City of Mountain View
PREPARED BY:
DEPARTMENT HEAD:
STEVE EMSLIE
Director of Planning and
Community Environment
CITY MANAGER APPROVAL:@~, ~/O~
"t’-’EMI~-~ HARRISON
Assistant City Manager
cc: Louis Fagliano, Caltrans
Dennis Belloumini, City of Mountain View
CMR:366:03 Page 3 of 3
ATTACHMENT A
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PAL0 ALTO
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
TO INSTALL THE TRAFFIC CONTROL SIGNALS AND SAFETY
LIGHTING AND THE CONSTRUCTION OF ROADWAY
IMPROVEMENTS AT US i01 NORTHBOUND OFF-RAMP AND SAN
ANTONIO ROAD
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 US i01
northbound off-ramp and San Antonio Road; 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 i. That certain agreement (Caltrans Cooperative
Agreement No. 1811-C) attached to this resolution as Exhibit A by
and between the State of California, acting by and through its
Department of Transportation, the City of Palo Alto and the City of
Mountain View for the installation of traffic control signals and
safety lighting and the construction of roadway improvements at US
i01 northbbound off-ramp and San Antonio Road is hereby approved.
SECTION 2. The Mayor is hereby authorized to execu[e said
agreement on behalf of the Cityof Palo Alto.
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1
030521 syn 0091265
SECTION 2. The State of California, which is the lead
agency for this project, has previously determined that the project
is categorically exempt from the provisions of the California
Environmental Quality Act ("CEQA")~ pursuant Section 1510.1, Class
1 (C), (7, 13) [minor alteration of .existing facilities] of the
Caltrans Regulations for Implementation of CEQA. The Council
concurs with that determination.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager
Senior Asst. City Attorney Director of Planning and
Community Environment
030521 syn 0091265
04-SCL- 101-K.P 8(k6/81.1
Intersection of Route 101 at San Antonio Road
Traffic Signals
4-222-239701
District Agreement No. 4-1811-C
Document No.
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON , 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 "PALO ALTO".
And
CITY OF MOUNTAIN VIEW, a body politic and
a municipal corporation of the State of California,
referred to herein as "MOUNTAIN VIEW".
RECITALS
STATE, PALO ALTO, and MOUNTAIN VIEW, 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 and Mountain View.
STATE, PALO ALTO, and MOUNTAIN VIEW contemplate the installation of traffic control
signals and safety lighting and the construction of roadway improvements on Route 101 at
San Antonio Road, 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 $690,000, as shown on Exhibit A, attached to
and made a part of this Agreement.
This project is funded from KB4N Minor A program for State’s share only.
District Agreement No. 1811-C
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.
To pay an amount equal to the total of fifty percent (50 %) of the actual cost for the
construction of signals and lighting and forty -four percent (44 %) of the actual cost for the
construction of roadway improvements. This combined total amount is estimated to be
$690,000. STATE’s total obligation for the costs of PROJECT under this Agreement,
excluding costs referred to Article 18 of Section IV of this Agreement, is estimated to not
exceed $306,800 and any expenditures by STATE beyond that estimate is subject to, an
encumbrance of additional contract funds to accomplish that extra work on PROJECT.
Upon completion of PROJECT and all work incidental thereto, to furnish PALO ALTO, and
MOUNTAIN VIEW with a detailed statement of the portion of the engineering and
construction costs to be borne by PALO ALTO and MOUNTAIN VIEW, including the
resolution of any claims related to the construction contract which have been allowed to the
construction contractor. STATE thereafter shall refund to PALO ALTO, and MOUNTAIN
VIEW promptly after completion of STATE’s final accounting of costs for PROJECT, any
amount of PALO ALTO’s and MOUNTAIN VIEW’s deposit required in Article 1 of Section
II and Article 1 of Section Ill of this Agreement remaining after actual costs to be borne by
PALO ALTO, and MOUNTAIN VIEW have been deducted, or shall bill PALO ALTO, and
MOUNTAIN VIEW for any additional amount required to complete PALO ALTO’s AND
MOUNTAIN VIEW’s financial obligations assumed pursuant to this Agreement.
To submit a final report of expenditures to PALO ALTO and MOUNTAIN VIEW within one
hundred twenty (120) days after completion and acceptance of the construction contract for
PROJECT by STATE.
To maintain the entire traffic control signals and safety lighting as installed at the intersection
of the Route 101 northbound off-ramp and San Antonio Road and pay an amount equal to fifty
percent (50%) of the total maintenance costs, including electrica! energy costs.
To operate the traffic control signals as installed and pay one hundred percent (100%) of the
operation cost.
o 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
$10,000, and the actual cost to STATE shall be credited to STATE’s share of the cost of
PROJECT.
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SECTION H
District Agreement No. 1811 -C
PALO
I.
o
o
ALTO AGREES:
To deposit with STATE within twenty five (25) days of receipt of billing therefor (which
billing will be forwarded to PALO ALTO by STATE fifteen (t5) days prior to STATE’s bid
advertising date of a construction contract for PROJECT), the amount of $234,000, which
figure represents PALO ALTO’s estimated proportionate share of the costs required to
complete PROJECT, as shown on Exhibit A. PALO ALTO’s total obligation for said
anticipated costs of PROJECT, excluding costs referred to in Article 18 of Section IV of this
Agreement, is estimated to not exceed $ 280,800.
PALO ALTO’s share of the construction cost for PROJECT, shall be an amount equal to the
total of twenty-five percent (25)% of the actual cost for the construction of signals and lighting
and twenty-eight percent (28)% 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 llI of this Agreement, as determined after
completion of work on PROJECT and upon final accounting of costs for PROJECT. This
total amount is estimated to be $191,600.
PALO ALTO’s share of the expense of preliminary engineering shall be an amount equal to
twenty-five percent (25%) for signals and lighting and twenty-eight (28%) for roadway
improvements of STATE’s actual costs for all of the preliminary engineering for PROJECT.
PALO ALTO’s share of the expense of construction engineering shall be an amount equal to
twenty-five percent (25%) for signals and lighting and twenty-eight (28%) for roadway
improvements of STATE’s actual costs for all 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 PALO ALTO’s financial
obligation assumed pursuant to this Agreement.
To reimburse STATE for PALO ALTO’s proportionate share of the cost of maintenance of
the traffic control signals and safety lighting, such share to be an amount equal to twenty-five
percent (25 %) of the total maintenance costs, including electric!l energy costs.
SECTION
MOUNTAIN VIEW AGREES:
To deposit with STATE within twenty five (25) days of receipt of billing therefor (which
billing will be forwarded to MOUNTAIN VIEW by STATE fifteen (15) days prior to
STATE’s bid advertising date of a construction contract for PROJECT), the amount of
$234,000, which figure represents MOUNTAIN VIEW’s estimated proportionate share of the
costs required to complete PROJECT, as shown on Exhibit A. MOUNTAIN VIEW’s total
obligation for said anticipated costs of PROJECT, excluding costs referred to in Article 18 of
Section IV of this Agreement, is estimated to not exceed $ 280,800.
District Agreement No. 1811-C
MOUNTAIN VIEW’s share of the construction cost for PROJECT, shall be an amount equal
to the total of twenty-five percent (25)% of the actual cost for the construction of signals and
lighting and twenty-eight percent (28)% 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 IV of this Agreement, as determined after
completion of work on PROJECT and upon final accounting of costs for PROJECT. This
total amount is estimated to be $191,600.
MOUNTAIN VIEW’s share of the expense of preliminary engineering shall be an amount
equal to twenty-five percent (25%) for signals and lighting and twenty-eight (28%) for
roadway improvements of STATE’s actual costs for all of the preliminary engineering for
PROJECT.
MOUNTAIN VIEW’s share of the expense of construction engineering shall be an amount
equal to twenty-five percent (25%) for signals and lighting and twenty-eight (28%) for
roadway improvements of STATE’s actual costs for all 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 MOUNTAIN V!EW’s financial obligation assumed pursuant to this
Agreement.
To reimburse STATE for MOUNTAIN VIEW’s proportionate share of the cost of
maintenance of the traffic control signals and safety lighting, such share to be an amount equal
to twenty-five percent (25%) of the total maintenance costs, including electrical energy costs.
SECTION IV
IT IS MUTUALLY AGREED:
1.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 PALO ALTO
and MOUNTAIN VIEW’ S deposit required in Article 1 of Section 1-I and Article 1 of Section
III 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.
4.After opening bids for the construction contract for PROJECT, PALO ALTO’s and
MOUNTAIN VIEW’s estimate of cost will be revised based on actual bid prices. PALO
ALTO’s and MOUNTAIN VIEW’s required deposit under Article 1 of Section II and Article
4
o
o
o
10.
11.
District Agreement No. 1811-C
lof Section HI 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.
After opening bids for the construction contract for PROJECT, and if bids indicate a cost
overrun of no more than twenty percent (20%) of the estimate will occur, STATE may award
the contract.
If, upon opening bids, it is found that a cost overrun exceeding twenty percent (20%) of the
construction cost estimate for PROJECT will occur, STATE, PALO ALTO and MOUNTAIN
VIEW 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 IV.
Prior to award of the construction contract for PROJECT, PALO ALTO and MOUNTAIN
VIEW may terminate this Agreement by written notice, provided PALO ALTO and
MOUNTAIN VIEW pays STATE .for all costs related to PROJECT incurred by STATE prior
to termination.
If termination of this Agreement is by mutual consent, STATE will bear fifty percent (50%)
PALO ALTO and MOUNTAIN VIEW will each bear twenty-five percent (25%) of all costs
related to PROJECT incurred by STATE prior to termination, except that any utility relocation
costs shall be prorated in accordance with STATE’s/PALO ALTO’s and MOUNTAIN
VIEW’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 an-angements with the owners of such
facilities for said protection, re!ocation, 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/PALO ALTO, MOUNTAIN VIEW in
accordance with STATE’s policy and procedure. The share of the costs of protection,
relocation, or removal to be borne by STATE and PALO ALTO, MOUNTAIN VIEW 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 l~I and Article 2 of Section KI 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 IV.
If cultural, archaeological, palentological, 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 fred; until a plan is approved for the removal or
protection of that resource; and until responsibilities for costs thereof are determined.
District Agreement No. 1811-C
12.
13.
14.
15.
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 PALO ALTO or MOUNTAIN
VIEW. 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, PALO ALTO and MOUNTAIN VIEW 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. PALO ALTO and MOUNTAIN VIEW shall sign the
HM-1 manifest and pay all costs for required remedy or remedial action within the local road
fight 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.PALO ALTO and MOUNTAIN VIEW shall sign the HM-1 manifest for required
remedy or remedial action within the local road right of way. STATE, PALO ALTO and
MOUNTAIN VIEW shall share all costs for required remedy or remedial action in the same
proportionate ratio as costs for roadway improvements and signals and lighting are shared as
specified in Sections I, 1I and l~I 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, PALO ALTO and MOUNTAIN VIEW shall sign the HM-1 manifest. STATE,
PALO ALTO and MOUNT~ VIEW shall share the costs for required remedy or remedial
action in the same proportionate ratios as stated above in Article 12 above of this Section IV
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
I-IM-2 category found within and outside the existing State highway fight 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, PALO ALTO and MOUNTAIN VIEW 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 , PALO ALTO and MOUNTAIN VIEW shall share all costs for required
remedy or remedial action in the same proportionate ratio as costs for roadway improvements
and signals and lighting roadway improvements and signals and lighting are shared as
specified in Sections I ,lI, and Ill 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 , PALO ALTO, and MOUNTAIN VIEW shall jointly sign the HM-2 manifest and
share all costs for required remedy or remedial action in the same proportionate ratio as costs
6
16.
17.
18.
District Agreement No. 1811-C
for roadway improvements and signals and lighting are shared as specified in Sections I ,II,
and llI 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 PALO ALTO and MOUNTAIN VIEW 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,
Article 1 of Section II and Section ]lI 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 IV. 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.
19.
20.
21.
22.
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 PALO ALTO or MOUNTAIN VIEW or another responsible third party unless this
Agreement expressly provides to the contrary. No further agreement will be necessary to
transfer ownership as hereinbefore stated.
The cost of any engineering; any protection, removal, preservation, and euration 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 damage or liability
occurring by reason of anything done or omitted to be done by PALO ALTO and
MOUNTAIN VIEW under or in connection with any work, authority or jurisdiction delegated
to PALO ALTO or MOUNTAIN VIEW under this Agreement. It is understood and agreed
that, pursuant to Government Code Section 895.4, PALO ALTO and MOUNTAIN VIEW
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 for or on account
7
District Agreement No. 1811 -C
23.
24.
25.
26.
27.
of injury (as defined in Government Code Section 810.8) occurring by reason of anything
done or omitted to be done by PALO ALTO or MOUNTAIN VIEW under or in connection
with any work, authority or jurisdiction delegated to PALO ALTO or MOUNTAIN VIEW
under this Agreement.
Neither PALO ALTO and MOUNTA!N VIEW 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 STATE under or in connection with any work, authority or jurisdiction delegated to
STATE under this Agreement. It is understood and agreed that, pursuant to Government Code
Section 895.4, STATE shall fully defend, indemnify and save harmless PALO ALTO and
MOUNTAIN VIEW from all claims, suits or actions of every name, kind and description
brought for or on account of injury (as defined in Government Code Section 810.8) occurring
by reason of anything done or omitted to be done by STATE under or in connection with any
work, authority or jurisdiction delegated to STATE under this Agreement.
During the construction of PROJECT, STATE will furnish a representative to perform the
functions of a Resident Engineer, PALO ALTO and MOUNTAIN VIEW 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 PALO ALTO and MOUNTAIN VIEW grants to STATE the
right to enter upon PALO ALTO and MOUNTAIN VIEW -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 by amendment to this Agreement to provide for those required costs.
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, 2005, 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, PALO ALTO and MOUNTAIN VIEW agrees
to extend the termination date of this Agreement and provide additional funding as required to
cover PALO ALTO’s and-MOUNTAIN VIEW’s proportionate share of costs or execute a
subsequent Agreement to cover those eventualities.
8
District Agreement No. 1811-C
STATE OF CALIFORNIA
Department of Transportation
JEFF MORALES
Director of Transportation
By:.
Deputy District Director
CITY OF PALO ALTO
By:
Mayor
Approved as to form and procedure:Attest:
City Clerk
Attorney
Department of Transportation
Certified as to budgeting of funds:
District Budget Manager
Approved as to form:
Attorney
Certified as to financial terms and
Conditions:
Accounting Administrator
District Agreement No. 1811 -C
CITY OF MOUNTAIN VIEW
By:
City Manager
Attest:
City Clerk
Approved as to form:
Attorney
10
4-SCL-101, KP 80.6/81/1
4380-239701
District Agreement No. 4-1811-C -
District Agreement No. 1811-C
EXHIBIT A
COST ESTIMATE BREAKDOWN
Description
Electrical Work
Replacement of Controller
Roadway Work
Striping
Irrigation System Modification
Drainage Modification
Construction Area Signs
Traffic Control
Sub-Total
Contingencies @ 20%
Construction Cost Total
Preliminary Engineering (8%)
Construction Engineering (14%)
Total
STATE’s PALTO MOUNTAIN
ALTO VIEW’s
CITY’s
Share Share Share
$92,000 $46,000 $23,000 $23,000
$10,000 $10,000 0 0
$305,000 $156,000 $74,500 $74,500
$9,100 $3,700 $2,700 $2,700
$50,000 $8,000 $21,000 $21,000
$45,000 0 $22,500 $22,500
$6,000 $3,000 $1,500 $1,500
$58,000 $29,000 $14,500 $14,500
$575,100 $255,700 $159,700 $159,700
$114,900 $51,100 $31,900 $31,900
$690,000 $306,800 $191,600 $191,600
$25,200 $15,300 $15,300
$43,000 $27,100 $27,100
Total *$375,000 $234,000 $234,000
*Staw’s share will be reduced by tbe cost to State of the State Furnished Materials ($375,000-
$10.000=$365,000)
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 therefrom.
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ATTACHSIENT B
Jl_lL-:29-2~ 10:33 6509036499 6509036499 P. 02/02
ATTACHMENT D
July 21, 2003
M~r, Ashok Aggamual
City of P~lo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
SI/BIECT: SAN ANTONIO ROAD/HIGHWAY 101 OlmY-l~ TR~C SIGNAL
Dear Mr. Aggerwal,
At their June 24, 2003 meeting, the Mountain View City Council approved a Capital
Improvement Project, as part of the 2003-04 Fiscal Year Budget, to fund the City’s share
of installing a traffic signal and modifying the San Antonio Road/Highway 101
northbound off-ramp intersection in the amount of $234,000.
At their August 19, 2003 meeiing, the Mountain View City Council will be asked to
authorize the City Manager to execute the necessary cost-sharing agreement with
Caltrans for this project.
If you have any questions regarding this project, please call me at (650) 903-6511.
Sincerely,
Dennis Belluomini
City Traffic Engineer
cc:TE, STE, F/c
PUBLIC WORKS D!~PARTM~NT
CASTRO STREET, P.O, BOX 7540 ¯ MOUNTAIN VIEW, CA 940~9-7540 ¯ 6~0-~05-6511 ¯ PAX 650-903-6499 ..~
TOTAL P. 02