HomeMy WebLinkAbout2002-04-15 City Council (2)City of Palo Alto
5City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE:APRIL 15, 2002 CMR:202:02
SUBJECT:RESOLUTION APPROVING A CALTRANS PROGRAM~
SUPPLEMENT AGREEMENT BETWEEN THE CITY OF PALO,
ALTO AND CALTRANS FOR THE EMBARCADERO ROAD I
PEDESTRIAN/BIKE BRIDGE AND BIKE PATH PROJECT
(CAPITAL IMPROVEMENT PROGRAM PROJECT-19310)
RECOMMENDATION
Staff recommends that Council adopt the attached resolution approving a Program
Supplement Agreement between the City of Palo Alto and Caltrans, which would allow the
City to be reimbursed by federal and state matching funds up to an estimated amount of
$1,161,460, for construction of the Embarcadero Road Pedestrian/Bike Bridge and Bike
Path Project.
BACKGROUND
For the past several years, staff has been developing a project to construct a
bicycle/pedestrian path along the west side of the Caltrain tracks, from Churchill Avenue to
the University Avenue Caltrain Station, including a bicycle/pedestrian bridge over
Embarcadero Road. This project has been a long-planned completion of a key segment of
the City’s adopted bikeway system. The project has a long and complicated background
including an estimated shortage of funds. Please refer to Attachment B, CMR:365:01, for
more details.
DISCUSSION
In September 1998, due to a lack of funding and objections from the railroad unions, staff
recommended that Council cancel the project. However, Council voted to refer the item
back to staff to explore alternatives. In view of that Council direction, staff filed an
.application in April 1999 for federal TEA-21 funds in the amount of $800,000 to cover the
funding shortfall. TEA-21 funding in the amount of $800,000 was approved and is included
in the 1999-2000 State Transportation Improvement Plan (TIP) and the 2000-2001 Capital
Improvement Program (CIP) budget.
CMR:202:02 Page 1 of 3
Since the project involves the use of federal funds, Palo Alto is required to follow
procedures and standards established by the federal govemmen.t and administered on its
behalf by Caltrans. These include review and approval of right-of-way, environmental
documents, plans and specifications and Council adoption of a resolution approving a
program supplement agreement.
Program supplement agreements.are used by Caltrans to cover the financial reimbursements
and conditions that are specific to a project. This agreement serves as a supplement to the
Local Agency State Agreement for Federal Aid, which was entered into between the City
and the state on July 17, 1997.
RESOURCE IMPACT
Funds budgeted for this project total $i,516,000. The funding sources are State
Transportation Development Act funds ($195,510), State Transportation Systems
Management funds ($46,000), Federal Congestion Mitigation Air Quality funds ($320,000),
Federal TEA-21 funds ($800,000) Holiday Inn mitigation fees ($37,000), and the City’s.
Street Improvement Fund ($118,260).
Of the $1,516,000, $242,000 is budgeted for design and $1,274,000 for.construction. The
total cost of construction is estimated to be $1,557,000 ($1,274,000 for. construction,
$125,000 for construction contingencies, $150,000 for construction management, and
$8,000 for testing of materials). This leaves a gap of $283,000. Hopefully, a favorable
bidding climate will be .sufficient to cover this gap. If not, staff will recommend not building
the bridge to connect the path on either side of Embarcadero Road, and explore with Palo
Alto Unified School District an option of detouring the path through Palo Alto High School
and across Embarcadero Road at the pedestrian signal.
TIMELINE
Staff filed an application with the Public Utilities Commission (PUC) requesting approval of
the project in October 2001. To date, the PUC has not acted on the application. Given
uncertainty regarding the PUC decision and the current workload and shortage of staff in the
Department of Public Works, Engineering Division, it is likely that this project may not be
bid for construction before January 2003.
ENVIRONMENTAL REVIEW
The Council in its meeting of August 1, 1994 approved an environmental assessment (94-
EIA-16) for the Bike Path Projec.t. Adoption of this resolution is part of that project and
does not require separate environmental review.
ATTACHMENTS
A. Resolution approving Program Supplement Agreement
B.CMR:365:01, Embarcadero Road Pedestrian/Bike Bridge and Bike Path Capital
Improvement Program Project 19310
CMR:202:02 Page 2 of 3
PREPARED BY:
DEPARTMENT HEAD:
City Traffic Engineer
EMSLIE
Director of Planning and
Community Environment
CITY MANAGER APPROVAL:
Assistant City Manager
cc:August Lavagnino, Palo Alto Unified School District
Joint Powers Board (Stephen Chao, Dick Dahllof)
David Jury, Palo Alto Medical Foundation
Palo Alto Bicycle Advisory Committee
Linda Grevera, HMH, Inc.
Larry Telford, Severson & Werson
CMR:202:02 Page 3 of 3
ATTACHMENT~
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
ADOPTING AND AUTHORIZING EXECUTION OF PROGRAM
SUPPLEMENT NO. 005 Rev. 2 TO THE AGREEMENT BETWEEN
THE CITY OF PALO ALTO AND CALTRANS FOR FEDERAL-AID
PROJECTS, RELATING TO THE EMBARCADERO ROAD
PEDESTRIAN/BIKE BRIDGE.AND BIKE PATH PROJECT
(CAPITAL IMPROVEMENT PROGRAM PROJECT-19310)
’WHEREAS, the City of Palo Alto and the California
Department of Transportation ("Caltrans,) have entered into an
agreement entitled "Local Agency-State Agreement for Federal-Aid
Projects," No. 04-5100, dated July 17, 1997 (the "Master
Agreement"); and
WHEREAS, the Master Agreement sets forth the general terms
and conditions under which all federal aid projects shall be
performed, but provides that terms and conditions for each specific
federal aid project shall be set out in a "Supplemental Local
Agency-State Agreement," also referred to as a "program
supplement," which is adopted by the City and approved by Caltrans;
and
WHEREAS, the City has requested federal funds to prepare
project plans and specifications to construct a bicycle/pedestrian
path, along the west side of the Caltrain tracks, from Churchill
Avenue to the Un±versity Avenue Caltrain Station, including a
bicycle/pedestrian bridge over Embarcadero Road (the "project"),
which requires the City Council to adopt a program supplement (No.
005 Rev. 2) for the project; and
WHEREAS, the City Council desires that necessary work be
done relative to the ~project and to adopt Program Supplement
No. 005 Rev. 2.
NOW, THEREFORE, the Council of the City of Palo Alto does
RESOLVE as follows:
SECTION i. The City Council hereby adopts Program
Supplement No. 005 Rev. 2 to the Master Agreement between the City
and Caltrans attached to this resolution as Exhibit "A", and
authorizes the Mayor to execute said Program .Supplement for and on
behalf of the City of Palo Alto.
020305 syn 0091031
1
SECTION 2. The Council in its meeting of August i, 1994
approved an environmental assessment 94-EIA-16) for this project.
INTRODUCED AND PASSED:
AYES:
NOES’:
ABSENT:
ABSTENTIONS:
ATTEST:
APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst, City Attorney
Mayor
City Manager
Director of Planning and
Community Environment
Chief Transportation Official
020305 syn 0091031
2
PROGRAM SUPPLEMENT NO. 005 Rev. 2
to
LOCAL AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 04-5100
Date : January 24, 2002
Location : 04-SCL-0-PA
Project Number : STPLER-5100(001)
E. A ~ Number : 04-068444
This Program Supplement is hereby incorporated into the Local Agency-State Agreement for Federal Aid which was entered into
between the Local Agency and the State on 04/10/77 and is subject to all the terms and conditions thereof. This Program Supplement
is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution
, approved by the Local Agency on (See copy attached).
The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with
the covenants or remarks setforth on th.e following pages.
PROJECT LOCATION:
Along Caltrain track between Church Ave. @ University
TYPE OF WORK:LENGTH: 0.6(MILES)
Estimated Cost Federal Funds Matching Funds
33C0 $320,000.00 LOCAL TSMMATCH OTHER
$1,388,874.00 BTB0 $800,000.00 $227~414.00 $41,460.00 $0.00
CITY OF PALO ALTo
STATE OF CALIFORNIA
Department of Transportation
By By
Chief, Office of Local ProgramsDateProject Implementation
Attest Date
Title
I hereby certify upon my pgrson~l.~know~edge that budgeted funds are available for this encumbrance:
Accounting Officer ~ ~,~~ Date /~ 2 ~ ~L9~9~
Chapter [ Statutes [ Program
106 2001
55 1993
55 1993
139 1994
139 1994
$1,161,460.00
2660-101-890 2001-2002 20.30.010.810 C 262040 892-F
2660-125-042 93-94 20.30.300.800 C 258020 042-T
2660-101-890 93-94 20.30.010.810 C 262040 892-F
2660-101-890 .94-95 20.30.010.810 C 262040 892-F
2660-125-042 ¢4-95 20.30.010.811 C -258020 042-T
AMOUNT
800,000.00
5,965.00
46,035.00
273,965.OO
35,495.00
Program Supplement 04-5100-005-R2 ISTEA Page 1 of 3
4-SCL-O~PA
| STPLER-5100(001)
01/24/2002
SPECIAL COVENANTS OR REMARKS
All project repair, replacement and maintenance involving the
physical condition and the operation of project improvements
referred to in Article III MAINTENANCE, of the aforementioned
Master Agreement will be the responsibility of the ADMINISTERING
AGENCY and shall be performed at regular intervals and as
required for efficient operation of the completed project
improvements.
The ADMINISTERING ~GENCY will reimburse the State for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the State.
The ADMINISTERING AGENCY agrees that payment of Federal funds
will be limited to the amounts approved by the Federal Highway
Administration (FHWA) in the Federal-Aid Project
Authorization/Agreement or Amendment/Modification (E-76) and
accepts any resultant increases in ADMINISTERING AGENCY funds as
shown on the Finance Letter, any modification thereof as approved
by the Division of Local Assistan~e, Office of Project
Implementation.
4.STATE and ADMINISTERING AGENCY agree that any additional funds
which might be made available for new phase(s) of work by future
Federal obligations will be encumbered on this PROJECT by use of
a STATE approved "Authorization to Proceed" and Finance Letter.
ADMINISTERING AGENCY agrees that Federal funds available for
reimbursement will be limited to the amounts obligated by the
Federal Highway Administration.
5.ADMINISTERING AGENCY agrees that it will only proceed with work
authorized for specificphase(s) with an "Authorization to
Proceed" and will not proceed with future phase(s) of this
project prior to receiving an "Authorization to Proceed" from the
STATE for that phase(s) unless no further State or Federal funds
are needed for those future phase(s).
The ADMINISTERING AGENCY will advertise,, award and administer
this project in accordance with the most current published Local
Assistance Procedures Manual.
Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer immediately after the
project contract award. Failure to do so will cause a delay in
Program Supplement04-5100-005-R2 ISTEA Page 2 of 3
,.04-SCL-0~PA
STPLER-5100(001)
01/24/2002
SPECIAL COVENANTS OR .REMARKS
the State processing invoices for the construction phase. Please
refer to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
The ADMINISTERING AGENCY is required to have an audit in
accordance with the Single Audit Act and OMB A-133 if it receives
a total of $300,000 or more in federal funds in a single fiscal
year. The federal funds received under this project are a part
of the Catalogue of Federal Domestic Assistance (CFDA) 20.205,
Highway Planning and Research. OMB A-133 superceded OMB A-128 in
1996. Arreference to OMB A-128 in a Master Agreement (if any) is
superceded by this covenant to conform to OMB A-133.
Program Supplement 04-5100-005-R2 ISTEA Page 3 of 3
ATTACHMENT B
City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE:
SUBJECT:
OCTOBER 1, 2001 CMR:365:01
EMBARCADERO ROAD PEDESTRIAN/BIKE BRIDGE AND BIKE
PATH CAPITAL IMPROVEMENT PROGRAM PROJECT-19310
The purpose .of this report is to inform Council about the current status of the
Embarcadero Road Pedestrian/Bike Bridge and Bike Path Project. This is an
informational staff report. No Council action is required.
BACKGROUND
For the past several years, staff has been developing a project to construct a
bicycle/pedestrian path along the west sideof the Caltrain tracks, from Churchill Avenue
to the University Avenue Caltrain Station, including a bicycle/pedestrian bridge over
Embarcadero Road. This project has been a long-planned completion of a key segment
of the City’s adopted bikeway system. The path passes through property controlled by
the Palo Alto Unified School District (PAUSD), Peninsula Corridor Joint Powers Board
(JPB) and the Palo Alto Medical Foundation (PAMF). The path will also eventually
connect to the Bryant Street Bike Boulevard via the planned undercrossing at Homer
Avenue. (Attachment A). Since the project initiation, work has proceeded through
various stages of design and the necessary agreements have been executed with all
affected parties, including the JPB and PAUSD. The project was bid in May 1996, but
the bids were over the engineer’s estimate and 50 percent higher than the available funds.
At that time, Council rejected all of the bids, and after considering several alternatives to
reduce the overall cost of the project, including deleting the bridge and detouring the path
through Palo Alto High School driveway, Council directed staff to pursue with the JPB
the possible development of an alternative, temporary Connection using the existing
railroad bridge.
While the JPB accepted the City’s proposal in March 1997 (Attachment B), the PUC
objected to the temporary use of the existing railroad bridge, in particular, and the entire
path, in general, primarily due to objections by the representatives of the Brotherhood of
Locomotive Engineers. Therefore, the JPB acceded to the PUC position and withdrew its
approval (Attachment C). Although staff held several meetings with representatives of
CMR:365:01 Page 1 of 5
the Brotherhood of Locomotive Engineers and. PUC and offered to modify the project,
the Brotherhood continued to state that it opposes the project and would file a formal.
complaint with the PUC should the project proceed (Attachment D). If a complaint were
filed, the PUC staff would stop the project until a hearing could be conducted before the
Commission.
In September 1998, due to lack of funding and objections from the railroad unions, staff
recommended that Council cancel the project. However, Council voted to refer the item
back to staff to explore alternatives. In view of that Council direction, staff filed an
applica~tion in April 1999 for federal TEA-21 funds in the amount of $800,000 to cover
the funding shortfall. TEA-21 funding in the amount of $800,000 was approved and is
included .in the 1999-2000 State Transportation Improvement Plan (TIP) and the 2000-
2001 Capital Improvement Program (CIP) budget.
In view of the above, on January 31, 2000, Council considered a staff report
(CMR!ll6:00, Attachment E) which: (1) confirmed Council’s intent, in principle, to
continue taking the necessary steps towards completion of the project; (2) directed staff
to file an application with California Public Utilities Commission (PUC) for approval of
.the project encroaching on the Peninsula Corridor Joint Powers Board (JPB) railroad
right-of-way; (3) directed staff to execute an agreement with the law firm of Severson &
Werson to file the application with PUC; and (4)approved an amendment to the
consultant agreement with HMH, Inc. to provide additional design services.
DISCUSSION
The project plans were revised by the consultant to include (a)changes in the fencing, (b)
bike path alignment to assure that the path is a minimum of 18 feet away from the center
line of the westerly railroad track, and (c) connection to the Palo Alto Medical
Foundation bicycle path. The draft, revised plans were submitted to the JPB, PAUSD
and PAMF for review and comments.
Joint Powers Board Review
The JPB staff is currently developing plans to possibly add a third and a fourth track
through the project area in the future. JPB staff indicated that in. order to accommodate
the bicycle path project thr. ough this area as well as buildthe fourth .track in the. future,
JPB would need a 7 foot, 3 inch wide easement from the City across the tracks from the
path on the west side of Alma: A grant of this 7 foot, 3 inch wide easement would wipe
out the landscaping buffer between Alma .and the railroad tracks, as well as leave no
room for trees; signs, utility poles, etc.
Transfer-of any City right-of-way raises many issues and cannot be done as part of this
project. An easement agreement dated July 29, 1994 between the JPB and the City of
Palo Alto included the City’s agreement to relocate its bike path in the eyceiat that the JPB
requires the property for .expansion or modification of its facilities. Therefore, staff
proposes to continue with the project as originally designed, with the understanding that
CMR:365:01 Page 2 of 5
the City will relocate those portions of the path and related improvements within the JPB
fight-of-way if necessary when the JPB is ready to construct new tracks.
PUC Application
The path is considered a ,’longitudinal encroachment" on the JPB’s fight-of-way. The
PUC does not ordinarily rule on such encroachments. However, if the City does not file
an application, it runs the risk that when the contract to construct the project has been
executed, the Brotherhood of Locomotive Engineers may file a complaintwith the PUC
that the project is unsafe. In that case, the PUC, under its safety regulation powers, could
stop the project until a hearing could be conducted before the Commission~ This would
delay the project while the complaint was heard. At that point, the City might face
fmancial penalties payable tO its contractors for the delay.
In view of the above and Council direction, Mr. Larry Telford, an attorney with expertise
in dealing with railroad safety and PUC-related issues, has been retained. Mr. Telford is
preparing the application and is expected to file it with the PUC for approval of the
project within the next few weeks. Based on prior correspondence from the railroad
unions, staff expects they will protest the City’s application, which makes; it almost
inevitable that the project will be set for a public hearing before an administrative law
judge. Staff anticipates.that it may take 18 to 24 .months for the PUC to make a decision
on the application.
Caltrans Approval and Bidding Process
The project is primarily funded through the federal funds. Caltrans Local Assistance
Office, acting on behalf of the federal government, over sees the project and staff is
required to follow all rules and regulations established by Caltrans. This includes
Caltrans reviewing and approving the environmental documents, right-0f-way, fmal plans
and specifications (PS&E) before City can bid the project. Currently Caltrans is
reviewing the final PS&E and is expected to approve them, and obligate federal funds for
construction. While technically the project could be bid this fall after Caltrans obligates
the federal funds for construction, staff is going to wait to bid the project until PUC
review and approval of the project. Without the PUC approval, there would be the risk of
having to suspend the contract and shut down work in the early part of construction if a
formal complaint were filed with the PUC. This .would delay the project while the
complaint was being heard. At that point, the City might face financial penalties payable
to its contractors for the delay. Additionally, the City might be required to adjust the
project design, which could result in expensive change orders to the contractor.
Detour Through-Palo Alto High School
Current estimated cost of construction, including cost of construction management and
testing materials, is $1,557,000, while only $1,274,000 is available for construction. With
an estimated gap of $283,000 to construct the project, as well as additional inflation cost
due to delay caused by the PUC review and approval of the project, staff intends to bid
the project with and without the bridge. In the event there is insufficient funding to allow
CMR:365:01 . Page 3 of 5
the new bridge tobe built to connect the bike path on either side of Embarcadero Road,
staff will explore with PAUSD an option ofdetouring the bike path through Palo Alto
High School and across Embarcadero Road at the pedestrian signal. This option was
pursued with PAUSD in 1997, after the bids had been rejected. At that time, this option
was considered less than ideal by the City Council, PAUSD, and the Palo Alto Bicycle.
Advisory Committee. While this may not be the best option, staff believes it is a viable
option and would facilitate connecting the bicycle path on either side of Embarcadero
Road,.until such time as additional funding becomes available to construct the bridge.
. RESOURCE IMPACT
Over the number ofyears, the:-fimds budgeted for this project total $1,516,000. The
funding sources are State Transportation Development. Act funds ($195,510), State
Transportation Systems Management funds ($46,000), Federal Congestion Mitigatiofl Air
Quality funds ($320,000), Federal TEA-21 funds ($800,000) Holiday Inn mitigation fees
($37,000), and the City’s Street-Improvement Fund ($1t8,260). Of the $1,516,000;
$242,000 is budgeted for design and $1,274,000 for construction. The total cost of
construction is estimated tobe $1,557,000 ($1,274,000 for construction, $125,000-for
construction contingencies, $150,000 for construction management, and $8,000 for
testing of materials). This leaves a gap of $283,000. Hopefully, a favorable bidding
climate will be sufficient to cover this gap. If not, staff will recommend not constructing
the bridge, since this project would be considered "new infrastructure" and would not be
pdoritized for current General Fund program monies.
ENVIRONMENTAL REVIEW
The Council in its meeting of August 1, 1994 approved an environmental assessment (94-
EIA- 1.6) for this project.
ATTACHMENTS
A. Location Map of Embarcadero Bike Path Project
B. 3/4/97 letter from JPB to Mayor Huber
C. 4/22/97 letter from JPB to Mayor Huber
D. 9/3/97 letter from Brotherhood of Locomotive Engineers to Ashok Aggarwal
E. 1/31/00 staff report to Council (CMR: 116:00)w/o attachments
PREPARED BY:
ASHOK AGGARWAL
City Traffic Engineer
CMR:365:01 Page 4 of 5
REVIEWED BY:~ ~
JOSEPH KOTT/~ Chief Transportation Official
CITY MANAGER,
ISON
Assistant City Manager
CC:August Lavagnino, Palo Alto Unified School District
Joint Powers Board (Stephen Chao, Dick Dahllof)
David Jury, Palo Alto Medical Foundation
Palo Alto Bicycle Advisory Committee
Linda Grevera, HMH, Inc.
Larry Telford, Severson & Werson
CMR:365:01 Page 5 of 5
ATTACHMENT A
PANF’s Porlion of~B~ke Palh
,rth
JPB ’Caltraln’PalJe~g Bike Path Project
Not to Scale
Embarcadero Bike Path c~ of Polo Atto
Project Transportalion Division
Bike Path Project
Recommended to be Cancelled
8119i~8
March 4, 1997
Hon. Joseph H. Huber
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94303
Attachment B
OFFII2/~ OF. TH~ CITY
SUBJECT: EMBARCADERO ROAD INTERIM PEDESTRIAN/BIKE PATH¯ .
Dear Mayor Huber:
JPB Chair Emilio Ct:uz has asked staff to respond to your letter of February 18: 1997,
regarding the temporary location of the proposed Churchill/University bicycle path over the
Embarcadero Road CalTrain rail bridge.
We are prepared to accept the City’s prdposal foi: an interi.m location on the existing rail
bridge, subject to construction of a Solid fence ~long the east side of the ~emporary .p.ath to
separate the bikeway from the railroad tracks. This fence should be at least seven feet high
and of solid material, such as wood, so that users of the path are protected from dust and.
debris kicked up by passing trains. It is my understanding that Palo Alto staff has agreed
that the cost of the fence will be included in the project budget and, as such, installation and
subsequent maintenance will be accomplished at no cost tO the JPB.
Other provisions in the preliminary agreement, as we understand them:
The City will construct approximately 350 feet of tiigh-level concrete platform to
replace platform lost through CalTrain locomotives stopping on the bridge.
The City will erect signs on the path and bridge crossing advising pedestrians and
bicyclists that this is a temporary connection, that trains may pass at any time, and
that extreme caution is mandatory.
Post-construction liability coverage will be carried by the City as stipulated in the
recorded Grant of Easement and Agreement dated July 29, 1994..
Consistent with previous staff discussions, the J~B encourages the City to continue its efforts
to secure funding for a permanent bridge adjacent to the rail bridge as stipulated in the
original construction plans. Similarly, we would advise coordination with the California
Public Utilities Commission’s Rail Safety and Carriers Division as the project progresses.
Le(ter to Mayor Joseph Huber
March 4., 1997
Page Two
Tom Davids, the !PB property manager, is the staff coordination resource for formulation of
an ultimate operations and maintenance agreement. We will endeavor to provide prompt and
consistent eooi~eration throughout the project.
Sincerely,
Gerald T.
Executive Director
GTH/JAG/dr
c:Howard Goode
Jerome Kirzner
Sherry Ullom
Tom Davids
Gary Mello
Peninsula Corridor Joint Powers Board
1250 San Carlos Ave., P.O. Box 3006, San Carlos, ~ 9407~1306
(415) 508-6269 fax (415) 508-6281
April 22, 1997 Attachment C
The Honorable Joseph
City of Palo Alto
250 Hamilton Avenue
.Palo Alto, CA 94301
H. Huber
Dear Mayo~: Huber:
SUBJECT: EMBARCADERO ROAD INTERIM PEDESTRIAN/BIKE PATH
On March 4, 1997, we wrote to you with temporary approval for the City to locate a
portion of the proposed Churchill/University bicycle path over the Embarcadero Road
CalTrain Rail Bridge. Since ~en; we have been contacted by the California Public
Utilities Commission (PUC), which opposes use of the Embarcadero Bridge for the
bicycle project. TheFederal Railroad Administration (FRA) Region 7 Administrator
shares this view.
We further understand that the PUC reiterated its opposition to the project during a
meeting with City staff on April 17.
Accordingly, we believe it is appropriate to accede to the position of the PUC as
transmitted in its letter dated April 9, 1997, and withdraw our approval for the
Embarcadero Road Bridge as a portion of the bike path project. We presume that if the
bike path is constructed, users will be directed to a signalized crossing on
Embarcadero, and that appropriate, fencing .will prohibit cyclists or pedestrians from the
Embarcadero Bridge.
It is our hope that the City will be successful in attracting funding to underwrite a
dedicated crossing for bicyclists as an ultimate solution to the Embarcadero problem.
Executive Director
GTH/JAG/dr
C:JPB Members
Howard Goode
Jerry Kirzner
Tom Davids
Gary Mello
Brotherhood of
Locornotlve Engineers
SAN JOSE DIVISION 65 - AMTRAK
SAN JOSE, CALIFORNIA.,
Attachment D
RECEI.VED
SEP 0 9 1997
DIVISION OF
TRANSPORTATION
Mr. Ashok Aggarwal, City Traffic Engineer
City of Palo Alto
P.O. Box -10250
Palo Alto, California 94303 ~
September 3, 1997
Dear Mr. Aggarwal,
The members of Division 65, Brotherhood of Locomotive Engineers vigorously opposes any
bicycle trails on or near the active Caltrain right of way from the Palo Alto (University
Avenue Station) to Churchill Street. We believe that in the interest of safety to people riding
tl~e trains’, pe,ople.using any proposed bicycle path for whatever reason, and the train crews
and equipment, that the proposed bicycle path poses some extremely dangerous
opportunites for major incidents to occur.
Although we support and encourage alternative,methods of transportation including
bicycles, we sincerely hope that a better bicycle path can be planned away from the
railroad tracks.
Sincerely,
James R. Barry, Legisla.tive Representative
808 Grovewood Court
San Jose, California 95120
cc: Mr. Paul King, Public Utilities Commission
Mr. Emelio Cruz, Chair, Caltrain JPB
Mr. Paul Morrison, CSLB Chairman, Brotherhood of Locomotive Engineers
Mr. Don Saunders, General Manager, Amtrak (Caltrain)
~i~ P,,,,~i, u.s.~AFFILIATED WITH A.F.L.-C.I.O. AND C.L.C.Serving Since 1863
Attachment E
City of Palo Alto
City Manager’s Report
TO:HoNoRABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PLANNING
DATE:
SUBJECT:
JANUARY 31, 2000 CMR: 116:00
EMBARCADERO ROAD PEDESTRIAN/BIKE BRIDGE AND BIKE
PATH CAPITAL IMPROVEMENT PROGRAM PROJECT -19310
RECOMMENDATION
Staff recommends that the Council take the following actions with respect to the
Embarcadero Road Pedestrian/Bike Bridge and Bike Path Project:
Confirrn the cotmcil,.s intent, in principal, that staff continues taking the necessary
steps toward completion of the project, along with the understanding that additional
funding in an. estimated amount of $32,000 may need to be authorized when the
construction contract is awarded.
2.Direct staff to file an application with California Public Utilities Commission (PUC)
for approval of the Bicycle Path encroaching on the Peninsula Corridor Joint Powers
Board (YPB) railroad right-of-way.
3.Direct staff to execute an agreement between the City and the law firm of Sevron &
Werson, to provide the services.necessary to file an application with the PUC.
4.Approve an amendment, to the consultant agreement with HMH, Inc.-to. provide
additional design and limited construction phase services in an amount not to exceed
$97,000, as. well as authorize the City Manager, or her designee, to negotiate and
execute one or more change orders to the consultant agreement with HMH., Inc., for
an amount not to exceed $15,000 (Attachment A).
BACKGROUND
On September 22, 1998, Council considered a staff report (CMR:362:98, Attachment B),
identifying several problems related .to completion of this project, including a .lack of
sufficient funding and objections to the project from the railroad unions. Council did not
accept staff’s recommendation to cancel the project, and instead voted to refer the item
back to staff to explore alternatives and return to Council with options, including
identifying the costs associated with each option.
CMR:ll6:00 Page 1 of 6
The City has been developing a project to construct a bike/pedestrian path along the west
side of the Caltrain tracks, from Churchill Avenue to the University Avenue Caltrain
Station, including a pedestrian/bike bridge over Embarcadero Road. This has been a
long-planned completion of a key segment of the City’s adopted bikeway system. The
path passes through property owned by the Palo Alto Unified School district (pAUSD),
Peninsula Corridor Joint Powers Board (JPB) and the Palo Alto Medical Foundation
(PAMF). The path will also eventually connect to the Bryant Street Bike Boulevard via .a
planned undercrossing at Homer Avenue (a project high on the Valley Transportation
Authority’s draf~ FY 2000-2001 Transportation Equity Act for the 21st Century (TEA-21)
funding list). Since the project initiation, work has proceeded through the various stages
of design, and the necessary agreements have been executed with all of the affected
parties including the JPB and PAUSD.
The project was bid in May 1996, .but the bids were 50 percent higher than the available
funds, and over the engineer’s estimate. Since the-new bridge was the on!y item of.
sufficient cost consequences, . to reduce the overall cost of the project subsequent steps
were taken to postpone construction of the new bridge. Instead, a temporary connection
through_ Palo Alto High School-was proposed. However, this connection was seen as
problematic by the Palo Alto Bicycle Advisory Committee .(PABAC), the PAUSD Board,
and the City Council. Therefore, Council directed staff to pursue with the JPB the
possible development of an alternative temporary connection.using the existing railroad
bridge.
The JPB accepted the City’s proposal in March 1997 (Attachment C). However, shortly
after obtaining JPB approval, the PUC objected to the temporary use of the existing
railroad bridge, in particular, and the entire path, in general. The JPB then acceded to the
PUC’s position and. withdrew its approva! (Attachment D). Subsequently, staff agreed
not to pursue the temporary use of the existing bridge and offered to.modify the project in
several ways that were intended to address concerns raised by the representatives of the
Brotherhood of Locomotive Engineers, United Transportation Un!on, Amtrak, the
Federal Railroad Administration, and the PUC. Those changes included the following
(Attachment E):
1.In place of the proposed 6-foot high steel tubularfence, the City would substitute an
8-foot high vertical, 2-inch x 6-inch, 450 Typhoon Welded steel mesh fence.
2. The City would add a 6-foot chain link fence between the tracks and Alma Street.
3. Thelighting along the path would be vandal-proof.
CMR: 116:00 Page 2 of 6
4.Upon completion of the path, Palo Alto police officers would provide additional
enforcement and issue citations, if necessary, under Penal Code Sections 369i and
555. The JPB has already posted "No Trespassing" signs along the railroad tracks and
is responsible for providing enforcement.
With the proposed modifications, the PUC staff no longer opposes the project, but
representatives of the Brotherhood of Locomotive Engineers Union have stated that it
opposes the project and would file a formal complaint with the PUC should the project
proceed (Attachment F). In the event that a complaint was filed, the PUC staff would stop
the project until a hearing could be conducted before the Commission.
DISCUSSION
The cost to design and construct the project, including a new bridge over Embarcadero
Road, additional items, and construction management services is estimated to be $1.516
million. The current budget is $716,770 from a variety of federal, state and local funding
sources. In view of the Council direction, staff filed an application in April 1999 for
federal TEA-21 funds in the amount of $800,000 to fund the shortfall. The. TEA-21
funding in the amount of $800,000 has been. approved and is included in the 1999-00
State Transportation Improvement Plan (TIP) and the 2000-2001 CIP. Caltrans must
encumber the funds by September 2000. This means that the City must complete fmal
plans and specifications and submit them to Caltrans for approval by August 2000.
Availability of additional funds eliminates two of the major obstacles to implementing
the project. The additional funds would allow construction of the new proposed bridge
over Embarcadero Road, and eliminate the need to use a temporary connection through
the Palo Alto High School, which is considered problematic.
Staff has further discussed with the PUC staff the use of the JPB railroad right-of-way.
The City needs a fmal ruling on the right-of-way use before it lets any contracts. The
path is considered a "longitudinal encroachment" on theright-of-way. The PUC does not
ordinarily rule on such encroachments. However, if the City does not file the application,
it runs the risk that when the contract to construct the project has been let, the
Brotherhood of Locomotive Engineers may file a complaint with the PUC that the project
is unsafe. In that case, the PUC, under its safety regulation Powers, could stop the project
until a hearing could be conducted before the Commission. This would delay the project
while the complaint was heard. At that point, the City might face financial penalties
payable to its contractors for the delay. A potential disadvantage of such an application is
that it suggests that the PUC has jurisdiction over a matter that has been considered a
private concern of the city of Palo Alto and the JPB. The PUC staff has advised staff
that an application can be filed with the PUC requesting approval of the project. Because
staff does not have expertise in dealing with railroad safety and the PUC related issues,
the City Attorney’s Office has recommended retention of special counsel. The cost of
legal services for the PUC proceeding is estimated to be approximately $30,000.
CMR: 116:00 Page 3 of 6
Prior to filing the application, the existing design drawings would be modified by HMH,
Inc., which is the t’max that prepared the original set of drawings and specifications, to
include the project modifications as stated earlier, and any other necessary adjustments
suggested by legal counsel. The total cost of modifying the drawings, appearance at the
PUC hearing by the consultant, and limited construction phase services, is estimated to be
$97,000, Staff is also requesting-$15,000 (approximately 15 percent) for change orders
related to the consultant agreement.. This is due to possible changes as a result of the
PUC review, possible-complications with shoring the.existing bridge, construction of the
new bridge, and the presence of fiber optic cables, which may require additional technical
support during design and construction. These additional consultant services have the
following net cost increase consequences:
Total amount of existing contract, including
Amendment 1 and changeorder authority "
($160,403 + $23,100)
$183,503
Total paid to HMH($115,408 + $14,100 .
in change orders)
Total amount remaining ($44,995 +
$9,000 in change order authority)
<$129,508>
$53,995
Requested Increase ($97~000 -- $44,995 +
$15,000 -- $9,000 in change order authority)
$58,005
Total Available Funding for Design $112,000
In addition, a safety study may be required as part of the application, to determine safety
aspects of the path and show that the construction of the bike path would not deteriorate
safety conditions in the area. The safety study is estimated to cost approximately
$25,000, which is already included in the available budget.
ALTERNATIVES TO STAFF RECOMMENDATION :
An alternative to staff’s recommendation could be for the Counci! to direct staffto
proceed with the project. However, there would be the risk of having to suspend the
contract and shut down work in the early part of construction, if a formal complaint were
filed with the PUC. This would delay the project while the complaint was being heard.
At that point, the City might face f’mancial penalties payable to its contractors for the
delay. Additionally, the City might be required to adjust the project design, which could
result in expensive change orders to the contractor.
CMR: 116:00 Page 4 of 6
RESOURCE IMPACT
Sufficient funds are currently available to cover the additional amount to amend the
consultant agreement with HMH, Inc., execute an agreement with for legal services in
connection with filing the application with the PUC, and conduct a safety study.
The total funds currently budgeted for this project are $716,770, 0f which $183,500 was
budgeted for design and $533,270 for construction. Project funding is from State
Transportation Development Act funds ($195,510), State Transportation Systems
Management funds ($46,000), Federal. Congestion Mitigation Air Quality funds
($320,000), Holiday Inn mitigation fees ($37,000), and .~the City’s Street Improvement
Fund ($118,260).
At the time of applying for TEA-21 funds, the total cost of the project, including design
and construction, a safety study, construction management services, and contingencies,
was estimated to be $1,516,000, leaving a gap of approximately $800,000. Therefore
staff filed an application in April 1999 for federal TEA-21 funds in the amount of
$800,000, to fund the shortfall. The TEA-21 funding in the amount of $800,000 has been
approved and is included in the 1999-00 TIP, although it has not yet been included in the
City’s CIP .budget~ Staff will, however, include $800,000 in the 2000-01 CIP budget to
be reimbursed later from the TEA’21 federal grant.
While the-total available and approved TEA-21 funds do not include the legal cost of
$30,000 to file the application, staff is hopeful that a favorable bidding climate might be
sufficient to cover all or a portion of the estimated legal costs. If additional funding is
required, staff will submit a Budget Amendment Ordinance to Council, in conjunction
with the award of a construction contract.
Implementation of this project together with other projects, continues to incrementally
add to the regularly required need for maintenance within the Public Works budget. In
addition, maintenance of some of the project components, such as chain link fencing,
may require services that are not available within current staff’mg, and may need to be
done through contract services, for which funding is not available in the Public Works
Department budget. The Public Works Department would monitor this and other projects
for cumulative maintenance impacts and pursue additional resources through the 2001-
2002 budget process.
ENVIRONMENTAL REVIEW
The Council in its meeting of August 1, 1994 approved an environmental assessment (94-
EIA-16) for this project.
CMR:ll6:00 Page 5 of 6
ATTACHMENTS
A. Amendment to HMH, Inc..Agreement
B. CMR:362:98, Recommended Cancellation of Embarcadero Bike Road...
C. JPB letter.accepting proposal to use existing railroad bridge
D. JPB letter rescinding its approval
E. Stuff letter to PUC regarding modifying project to address its concerns
F. Locomotive Engineer’s Union letter regarding filing a formal complaint
G. PUC letter regarding filing an application requested PUC approval of project
PREPARED BY: Ashok Aggarwal,City Traffic Engineer
DEPARTMENT HEAD:
¯ -.. G. EDWARD
Director of planning and
Corlli~
CITY MANAGER APPROVAL:
~Environment
City Manage~~/]
Hin King, Caltrans, Local Assistance Program
Public Utilities Commission (Paul King, Kenneth Ross)
Joint Powers Board (Walt Stringer, Jerry Kirzner)
PAUSD (Auggie Lavagnino, DonPhillips)
HMH, Inc, (Linda Guevera, Mike Morsilli)
Palo Alto Medical Foundation (David Jury).
Stanford Managemem Company (Bill Phillips)
Palo Alto Bicycle Advisory Committee
Town & Country Village (Ron Wi!son, Jim Williams)
CMR:116:00 Page 6 of 6