HomeMy WebLinkAboutStaff Report 2553
City of Palo Alto (ID # 2553)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 4/23/2012
April 23, 2012 Page 1 of 5
(ID # 2553)
Council Priority: Land Use and Transportation Planning
Summary Title: Oregon Expressway Ross Road Traffic Signal Funding
Title: Adoption of a Budget Amendment Ordinance in the amount of $410,000
and Approval of Agreement with the County of Santa Clara for the City’s Fair-
Share Contribution for the Oregon Expressway Improvement Project
From: City Manager
Lead Department: Planning and Community Environment
Recommendation
Staff recommends that Council approve an agreement with the County of Santa Clara and
adopt a budget amendment ordinance in the amount of $410,000 for the City’s fair-share
contribution to the Oregon Expressway Improvement Project intersection and roadway
improvements at and adjacent to the intersections of Oregon Expressway & Ross Road and
Oregon Expressway & Louis Road.
Executive Summary
The County of Santa Clara is leading the design and construction of operations improvements
on Oregon Expressway between from Bryant Street and West Bayshore Road to help improve
operations at signalized intersections. The City received 100% design documents for the project
in February and staff is recommending a $410,000 (13%) fair-share contribution towards the
construction cost of the project, estimated at $3,150,000. The fair-share contribution will cover
the cost of a new traffic signal at the Oregon Expressway & Ross Road intersection, microwave
bicycle detection equipment at both Ross Road and Bryant Street, and other minor civil
improvements requested by the City. The City’s local match contribution will be provided from
previously collected traffic impact fees from the Stanford Research Park Transportation Impact
Fee Program.
The remainder of the project includes traffic signal updates at each existing signalized
intersection, sidewalk improvements, pedestrian ramp improvements, street resurfacing, and
roadway markings/signage improvements. The remaining cost of the improvements, including
the construction engineering and inspection costs, is being funded by the County of Santa Clara
through a combination of Federal Earmark Funds, Measure B Funds, and County Road Fund
sources.
April 23, 2012 Page 2 of 5
(ID # 2553)
Background
Oregon Expressway is part of the Santa Clara County expressway system, and is designed to
relieve local streets of commuter and other non-neighborhood traffic. Oregon Expressway
connects US 101 to State Route 82 (El Camino Real) and to Interstate 280. In 2003, the County
adopted a Comprehensive County Expressway Planning Study that provided a long-term plan
for the improvement and maintenance of the expressway system. The plan identified this as a
Tier 1a project and included specific recommended improvements along Oregon Expressway
between Bryant Street and US 101. In August 2003, the City Council endorsed the high priority
recommendations in the Study for Oregon Expressway. The County updated the
Comprehensive County Expressway Study in 2009.
In 2008 and 2009, the County held a series of community outreach meetings and worked with
City staff to develop conceptual alternatives for these improvements. The proposed
improvements at the Ross Road and Louis Road intersections with Oregon Expressway were
generally well received by members of the community. The concept plans for each of the
improvements were brought to, and adopted by City Council in November, 2009. As part of the
approval, City Council directed staff and the County to incorporate a bicycle and pedestrian-
friendly signalized intersection crossing at the currently un-signalized intersection of Ross Road
and Oregon Expressway.
The County secured approximately $4.2 million, including a Federal grant and County match
funding, for environmental, design, construction and construction engineering of
improvements to the pedestrian and bicycle safety and vehicle operating conditions along
Oregon Expressway. The project will reduce traffic delays through improved traffic signal
coordination, an additional element of the project.
Currently, the signalized intersections along Oregon Expressway have less than ideal lane
configurations and operate with relatively older equipment, which restrict the opportunities to
optimize the signal timing patterns. To improve system-wide operations, the County will
improve each intersection, provide communications equipment to interconnect the corridor,
and develop new traffic signal timing plans. To improve intersection efficiency, the
intersection’s signal phasing would need to be modified such that the pedestrian crossing times
(across Oregon) can occur simultaneously or be limited to one walk phase across Oregon
Expressway per cycle. This will generally be achieved by having protected left turn phases, and
the pedestrian phases crossing Oregon Expressway to occur simultaneously. At Ross Road, Staff
worked with the County to develop concept plans for a bicycle and pedestrian friendly traffic
signal that would provide an important link in the future Ross Road Bicycle Boulevard. The
traffic signal concept for the Ross Road intersection is similar to the existing traffic signal where
the Bryant Street Bicycle Boulevard crosses Embarcadero Road; this is considered the first
element of the future Ross Road Bicycle Boulevard.
Discussion
The County has requested a fair-share contribution from the City of Palo Alto for the following
improvements at a not-to-exceed cost of $410,000:
New Oregon Expressway & Ross Road Traffic Signal
April 23, 2012 Page 3 of 5
(ID # 2553)
The new traffic signal will allow bicycle and pedestrian movements across Oregon Expressway
while restricting vehicle movements on Ross Road to “Right Turn Only” movements onto
Oregon Expressway. Vehicles on Oregon Expressway will be allowed to turn left onto Ross Road
through new protected left turn movements as well as right turn movements. This new
operation was approved by the community during the 2008-09 community outreach process of
the project. The new Oregon Expressway & Ross Road traffic signal is a key element of the
future Ross Road Bicycle Boulevard.
Louis Road Civil Improvements
The additional improvements adjacent to the intersection of Oregon Expressway and Louis
Road that the City has requested as part of the project include modifying the existing rolled
curbs to vertical curbs on the south side between Oregon Expressway and Warren Way. This
will result in No Parking restrictions on both sides of Ross Road between Oregon Expressway
and Warren Way to provide dedicated bicycle lanes facilities and improve intersection sight
distances.
Oregon Expressway & Ross Road, Bryant Street Microwave Bicycle Detection
Both Ross Road and Bryant Street are identified as future and existing Bicycle Boulevards,
respectively, in the Draft Bicycle & Pedestrian Transportation Plan. Enhanced detection is
another key element of the Draft Plan so the City requested that the County install microwave
detection for these side streets to help implement enhanced signal timing strategies such as
Dynamic Minimum Green and Green Extension Times only when bicycles are present.
The county agreed to include these improvements into their overall Oregon Expressway
Improvement Project as long as the City provided a fair share contribution towards them. The
$410,000 “Not to Exceed” contribution represents 13% of the overall engineer’s estimate for
the project. The costs were reviewed by both the Public Works Department and Transportation
Division and deemed to be appropriate for the associated cost of design and construction
improvements. The County will invoice the City periodically during the construction phase until
the cap is reached.
Timeline
The County of Santa Clara received Council approval of the proposed concept plans in
November 2009. Over the past two years, the County has been developing the final design
plans and has been working on through the extensive Caltrans environmental clearance
requirements. The 100% improvement plans for the project were completed in December
2011, and were used by the City to develop the City’s recommended fair share contribution
towards the project. The County anticipates opening the contractors bidding process in
Summer 2012, with construction anticipated to start in the Fall 2012.
Resource Impact
The environmental review, design and construction of the Oregon Expressway improvement
project is funded by the County using grant funds and county matching funds totaling
approximately $4.2 million. Approximately $1,000,000 of these funds were used by the County
to cover the environmental and design cost of the project. The City’s fair share contribution
April 23, 2012 Page 4 of 5
(ID # 2553)
towards the project is $410,000, or 13% of the overall estimated construction phase of the
project, $3,150,000. The City’s local match will be provided through previously collected traffic
impact fees from the Stanford Research ParkProject.
The Stanford Research Park (SRP) traffic impact fee was intended for improvements at
Middlefield Road/Oregon Expressway and two additional intersections, Page Mill/El Camino
and Page Mill/Hanover. The total estimated cost of these improvements in 2001 was $10
million, including $1.2 million for Oregon/Middlefield. Currently there is a balance of
approximately $3.1 million in the SRP impact fee fund.
Policy Implications
The recommendations in this report are consistent with existing Comprehensive Plan policies
including:
Program T-22: Implement a network of bicycle boulevards, including extension of the southern
end of the Bryant street bicycle boulevard to Mountain View.
Policy T-25: When constructing or modifying roadways, plan for usage of the roadway spaced
by all users, including motor vehicles, transit vehicles, bicyclists, and pedestrians.
Policy T-27: Avoid major increases in street capacity unless necessary to remedy serve traffic
congestion or critical neighborhood traffic problems. Where capacity is increased, balance the
needs of motor vehicles with those of pedestrians and bicyclists.
The recommendations are consistent with the Council-approved priorities for the Oregon
Expressway as identified in the 2003 County Expressway Planning Study Implementation Plan,
and the Council-approved preferred concept plans presented in November 2009.
Environmental Review
The County of Santa Clara is the lead agency for preparation of the environmental documents
under the California Environmental Quality Act (CEQA) and National Environmental Policy Act
(NEPA) for this project. Since the project is receiving Federal Funds, environmental clearance
for the project falls under the more stringent NEPA requirements. The preliminary
Environmental Study form was signed by Caltrans on December 17, 2009. The Environmental
Study determined the project was categorically excluded from the requirements to perform a
full Environmental Impact Statement, provided additional technical studies were performed
and a summary of the community meetings was included. The technical studies have now been
completed and the County is awaiting final NEPA clearance from Caltrans.
Attachments:
Attachment A: Revision 1 to Cost Sharing Agreement - Oregon Level of Service
Improvements (PDF)
Attachment B: Cover sheet for the 100% design of the Oregon Expressway impovements
project (PDF)
Attachment C: Budget Amendment Ordinance - Oregon Expressway Improvement (PDF)
April 23, 2012 Page 5 of 5
(ID # 2553)
Prepared By: Rafael Rius, Traffic Engineer
Department Head: Curtis Williams, Director
City Manager Approval: ____________________________________
James Keene, City Manager
Page 1 of 8
Agreement between the City of Palo Alto and the County of Santa Clara for the Widening Improvements
on Oregon Expressway Between El Camino Real and Homestead Road – December, 2011
COST SHARING AGREEMENT BETWEEN THE CITY OF PALO ALTO,
AND THE COUNTY OF SANTA CLARA
FOR LEVEL-OF-SERVICE IMPROVEMENTS ON OREGON EXPRESSWAY,
BETWEEN US-101 AND SR-82
This is an agreement made and entered into as of the date it is fully executed by
and between the City of Palo Alto, California, a chartered municipal corporation of the State of
California (hereinafter referred to as “CITY”), and the County of Santa Clara, a political subdivision
of the State of California (hereinafter referred to as “COUNTY”), collectively referred to herein as
the “PARTIES.”
RECITALS
WHEREAS, the 2003 County Expressway Planning Study identified the Level-of-Service
(LOS) Improvements on Oregon Expressway, between US-101 and SR-82 in the City of Palo Alto as
a Tier 1A priority bike, pedestrian and operational improvement project;
WHEREAS, these improvements are necessary to improve traffic flow, reduce delay to
motorists, improve bike and pedestrian facilities, and reduce traffic congestion in both the CITY and
on the COUNTY Expressway;
WHEREAS, CITY has collected development impact fees for a portion of the construction of
improvements on Oregon Expressway;
WHEREAS, COUNTY intends to design and construct LOS, bike and pedestrian
improvements on Oregon Expressway between US-101 and SR-82, which improvements will be
hereinafter referred to as “PROJECT”;
WHEREAS, the PROJECT includes the construction of upgraded traffic signals and
optimized signal timing plans; pedestrian and bike crossing improvements; channelization to separate
Page 2 of 8
Agreement between the City of Palo Alto and the County of Santa Clara for the Widening Improvements
on Oregon Expressway Between El Camino Real and Homestead Road – December, 2011
turning and through traffic on Oregon Expressway and the associated intersection improvements
which will provide traffic relief throughout this portion of CITY;
WHEREAS, CITY has acknowledged the future benefit of this PROJECT to CITY and
indicated its willingness to contribute funding to the PROJECT; and
WHEREAS, the PARTIES desire to memorialize such agreement in writing.
NOW, THEREFORE, for and in consideration of their mutual promises and covenants, and
subject to the terms, conditions, and provisions hereinafter set forth, the PARTIES agree as follows:
AGREEMENT
1) Scope of Work: The scope of work will consist of the construction of upgraded traffic signals and
optimized signal timing plans; pedestrian and bike crossing improvements; channelization to
separate turning and through traffic on Oregon Expressway and the associated intersection
improvements; and all work necessary to complete the improvements, all of which will
hereinafter be referred to as “PROJECT”. The PROJECT will be constructed according to the
design plans, specifications and estimates approved in writing by both COUNTY and CITY.
Attached as Exhibit A and incorporated by reference herein is a PROJECT location map.
2) Design, Environmental and Right of Way Phase: COUNTY, as the lead agency on this
PROJECT, is preparing, plans, specifications and engineers estimate (PS&E), environmental
documents as required and Right of Way clearance for PROJECT. This Phase will be 100%
funded by COUNTY. COUNTY will submit to CITY for design review the 95% PS&E level of
design. CITY will provide review, approval, and written permission to proceed with work, and
for CITY issuance of a permit, at no cost to COUNTY, for work within CITY jurisdiction prior to
advertisement for contractor bids. CITY will review and provide design review comments to
COUNTY within a timely manner.
Page 3 of 8
Agreement between the City of Palo Alto and the County of Santa Clara for the Widening Improvements
on Oregon Expressway Between El Camino Real and Homestead Road – December, 2011
3) Award of Contract and Construction: The construction work will be performed by a contract
awarded by competitive bid and administered by COUNTY pursuant to its contracting principles
and applicable law. COUNTY will provide CITY with a copy of all approved project schedules.
Weekly schedules will be provided to CITY staff representatives at the weekly PROJECT
meetings. COUNTY will provide CITY with a copy of the Storm Water Pollution Prevention
Plan (SWPPP) and Erosion and Sedimentation Control Action Plan Element (ESCAPE) submittal
prior to COUNTY approval. The PROJECT will be completed to the COUNTY’s and the
CITY’s reasonable satisfaction, and such extra work as may be desired within the PROJECT
limits will be accommodated, subject to being in compliance with the respective standards of
COUNTY or CITY and sufficient PROJECT funds being available to ensure completion of the
necessary work. 100% of the Construction Engineering / Inspection costs will be funded by
COUNTY.
4) PROJECT Cost and Funding: For construction of the base project, COUNTY has secured a total
of $3,315,000 from various funding sources as listed below:
Federal Earmark Funds $2,640,000
County Roads Portion of Measure B Funds $ 627,000
County Road Funds $ 48,000
TOTAL $3,315,000
These funds are budgeted for both the construction contract, and the cost of construction
engineering / inspection. In addition, through an extensive public outreach and comment process,
bike, pedestrian and vehicle enhancements were identified. These enhancements are in addition
Page 4 of 8
Agreement between the City of Palo Alto and the County of Santa Clara for the Widening Improvements
on Oregon Expressway Between El Camino Real and Homestead Road – December, 2011
to the original base project, are not eligible for reimbursement form the Federal Earmark funds
and will be financed by CITY. Based on the 95% Engineers Estimate the total cost of the
construction contract is estimated at $3,150,000. The CITY’s portion of the estimated
construction costs is $410,000 or 13% of the total construction cost. Therefore, CITY will
reimburse COUNTY 13% of the actual construction bid amount up to a CITY maximum of
$410,000.
Any changes to the scope of work as identified by COUNTY or CITY that is beyond the
PROJECT description identified in this agreement, that may increase design or construction costs,
shall receive prior written approval and agreement on a funding plan from both COUNTY and
CITY. COUNTY will not authorize its consultants or contractors to perform work which would
result in any additional cost above and beyond the agreed amount as set forth in this
AGREEMENT, without prior agreement and written approval from CITY.
5) Timing of PROJECT Funding:
a) Within 30 days of project award, CITY shall reimburse COUNTY 13% of the Awarded
Construction contract amount up to a maximum of $410,000.
b) If the lowest responsive bid from a responsible bidder exceeds the total estimated construction
cost of $3,150,000, PARTIES will convene within five days of bid opening to determine a
mutually agreed upon course of action.
c) COUNTY will obtain all necessary written approvals from CITY, including approval of
PS&E, and necessary encroachment permits, prior to PROJECT advertisement, bidding
addendum, contract award, extra work and/or change order approval. If the PARTIES cannot
agree on a final version of PS&E, prior to PROJECT advertisement, then PARTIES will
Page 5 of 8
Agreement between the City of Palo Alto and the County of Santa Clara for the Widening Improvements
on Oregon Expressway Between El Camino Real and Homestead Road – December, 2011
convene and determine a mutually agreed course of action. PROJECT advertisement will not
be made until PARTIES agree to the final version of PS&E.
d) COUNTY will provide CITY with a set of vellum original “As Built” construction plans after
the PROJECT is completed as part of the final accounting.
6) Indemnification:
In lieu of and not withstanding the pro rata risk allocation, which might otherwise be imposed
between the PARTIES pursuant to Government Code Section 895.6, the PARTIES agree that all
losses or liabilities incurred by a Party shall not be shared pro rata but, instead, COUNTY and
CITY agree that, pursuant to Government Code Section 895.4, each of the PARTIES hereto shall
fully indemnify and hold each of the other PARTIES, their officers, board members, employees,
and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as
defined in Government Code Section 810.8) occurring by reason of the negligent acts or
omissions or willful misconduct of the indemnifying party, its officers, employees or agents,
under or in connection with or arising out of any work, authority or jurisdiction delegated to such
party under this AGREEMENT. No party, nor any officer, board member or agent thereof shall
be responsible for any damage or liability occurring by reason of the negligent acts or omissions
or willful misconduct of the other PARTIES hereto, their officers, board members, employees, or
agents, under or in connection with or arising out of any work authority or jurisdiction delegated
to such other PARTIES under this AGREEMENT.
7) Insurance:
COUNTY will require its construction contractor to indemnify CITY, its City Council,
commissions, officers, employees, volunteers and agents and to provide automobile, workers
Page 6 of 8
Agreement between the City of Palo Alto and the County of Santa Clara for the Widening Improvements
on Oregon Expressway Between El Camino Real and Homestead Road – December, 2011
compensation, bodily injury insurance, property damage insurance and contractual liability
coverage during the performance of the PROJECT. The COUNTY will also require that the
CITY, its City Council, commissions, officers, employees, volunteers and agents be designated as
additional insureds on the construction contractor’s commercial general liability policy.
8) Additional Provisions:
a) The parties’ waiver of any term, condition or covenant, or breach of any term, condition, or
covenant shall not be construed as a waiver of any other term, condition or covenant or breach
of any other term, condition or covenant.
b) This agreement is the entire AGREEMENT between COUNTY and CITY relating to the
PROJECT. Any prior agreements, promises, negotiations, or representation not expressly set
forth in this agreement are of no force or effect.
c) If any term, condition or covenant of this agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions of this agreement
will be valid and binding on COUNTY and CITY.
d) This agreement will be governed and construed in accordance with the laws of the State of
California.
e) This agreement may be executed in counterparts and will be binding as executed.
f) The term of this agreement will commence upon execution of the agreement by both
PARTIES and shall remain in effect until terminated by mutual agreement of the PARTIES or
pursuant to Section 8(h). If not terminated earlier, the AGREEMENT will expire on
December 31, 2017.
g) All changes or extensions to the AGREEMENT must be in writing in the form of an
amendment and approved by both PARTIES.
Page 7 of 8
Agreement between the City of Palo Alto and the County of Santa Clara for the Widening Improvements
on Oregon Expressway Between El Camino Real and Homestead Road – December, 2011
h) Either COUNTY or CITY may terminate the agreement at any time prior to award of the
construction contract for the PROJECT upon thirty (30) days written notice. Once the
construction contract for the PROJECT has been awarded, the agreement can be terminated
only upon the mutual written consent and terms acceptable to both PARTIES.
i) The designated project manager for COUNTY for the duration of the PROJECT is
Craig Petersen, or his designee. COUNTY’s project manager will have all the necessary
authority to direct technical and professional work within the scope of the agreement and will
serve as the principal point of contact with COUNTY. The CITY Traffic Engineer, Jaime
Rodriguez, or his designee, will serve as the principal point of contact for the CITY,
responsible for coordinating design review of the proposed project plans for the CITY, for
obtaining the necessary CITY approvals and permits, including an encroachment permit for
this PROJECT and for authorizing work which may result in additional cost.
j) The AGREEMENT does not change any authority or responsibility between COUNTY and
CITY with regard to design, maintenance, operation or future repair responsibility.
9) Notices – Notices required by this agreement may be delivered by first class mail addressed to
the appropriate party at the following addresses and deemed received when sent to:
To CITY: CITY OF PALO ALTO
250 Hamilton Ave,
Palo Alto, CA 94301
Attn: ??????????????
To COUNTY: ROADS AND AIRPORTS DEPARTMENT
101 Skyport Drive,
San Jose, CA 95110-1302
Attn: Michael Murdter, Director
Page 8 of 8
Agreement between the City of Palo Alto and the County of Santa Clara for the Widening Improvements
on Oregon Expressway Between El Camino Real and Homestead Road – December, 2011
IN WITNESS WHEREOF, the PARTIES have entered into this AGREEMENT as of the date it is
fully executed.
“CITY” “COUNTY”
City of Palo Alto, County of Santa Clara
_______________________ _______________________
????????? George Shirakawa, President
City Manager Board of Supervisors
Attest: Attest:
_______________________ _______________________
????????? Maria Marinos
City Clerk Clerk of Board of Supervisors
APPROVED AS TO FORM: APPROVED AS TO FORM &
LEGALITY:
________________________ __________________________
????????????? Elizabeth G. Pianca
City Attorney Deputy County Counsel
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TITLE & INDEX 5tH 110.
1 ~ 87
AO~RnSE~nH DATE: C(JITRACT IJo FU 1.10. &,"
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR FISCAL YEAR 2012 TO PROVIDE
ADDITIONAL APPROPRIATION OF $410,000 WITHIN THE
STANFORD RESEARCH PARK/EL CAMINO FUND FOR THE
CITY’S CONTRIBUTION TO THE OREGON EXPRESSWAY
IMPROVEMENT PROJECT
The Council of the City of Palo Alto does ordain as follows:
SECTION 1. The Council of the City of Palo Alto finds and
determines as follows:
A. Pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Council on
June 20, 2011 did adopt a budget for Fiscal Year 2012; and
B. The County of Santa Clara is leading design and
construction operations for intersection and roadway
improvements on Oregon Expressway from Page Mill Road to
Highway 101; and
C. The County of Santa Clara is funding the project with
Measure B funds, County Road Funds, federal earmark funds, and
local match; and
D. The City of Palo Alto’s share of local matching funds
is thirteen percent of construction costs for the project, or
$410,000; and
E. The City’s local match will be provided by through
previously collected traffic fees from the Stanford Research
Park Program. These revenues have been deposited to the
Stanford Research Park/El Camino Fund; and
F. City Council authorization is needed to amend the
Fiscal Year 2012 Stanford Research Park/El Camino operating
budget as hereinafter set forth.
SECTION 2. The sum of Four Hundred Thousand Ten Dollars
($410,000) is hereby appropriated to Interagency Expense in
the Stanford Research Park/El Camino budget and the Stanford
Research Park/El Camino Fund Reserve is correspondingly
reduced.
SECTION 3. The Stanford Research Park/El Camino Fund
Reserve is hereby reduced by Four Hundred Ten Thousand Dollars
($410,000) to Two Million Eight Hundred Nineteen Thousand Nine
Hundred Seventy-Eight Dollars ($2,819,978).
SECTION 4. As specified in Section 2.28.080(a) of the
Palo Alto Municipal Code, a two-thirds vote of the City
Council is required to adopt this ordinance.
SECTION 5. As provided in Section 2.04.330 of the Palo
Alto Municipal Code, this ordinance shall become effective
upon adoption.
SECTION 6. The Council of the City of Palo Alto hereby
finds that this is not a project under the California
Environmental Quality Act and, therefore, no environmental
impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager
Director of Planning and
Community Environment
Director of Administrative
Services