HomeMy WebLinkAbout2002-07-22 City CouncilCity of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS 9
DATE:
SUBJECT:
JULY 22, 2002 CMR:313:02
REPORT ON SCHEDULE AND FUNDING STATUS OF HOMER
AVENUE CALTRAIN UNDERCROSSING, CAPITAL
IMPROVEMENT PROGRAM PROJECT 10121; AND ADOPTION
OF A RESOLUTION AUTHORIZING THE FILING OF A GRANT
APPLICATION FOR FEDERAL SURFACE TRANSPORTATION
FUNDS THROUGH THE METROPOLITAN TRANSPORTATION
COMMISSION’ S TRANSPORTATION FOR LIVABLE
COMMUNITIES PROGRAM FOR THE PROJECT AND
COMMITING THE NECESSARY LOCAL MATCH AND STATING
THE ASSURANCE OF THE CITY OF PALO ALTO TO
COMPLETE THE PROJECT
REPORT IN BRIEF
This report recommends Council adopt a resolution approving the submittal of a grant
application to the Metropolitan Transportation Commission (MTC) for $464,000 in
Federal Surface Transportation Funds. MTC approved the project as part of the
Transportation for Livable Communities (TLC) program and requires that a Council
resolution be accepted by MTC no later than October 31, 2002.
The current project estimate, based on the 80 percent design is $5 million. To date, the
City has secured over $4.3 million in federal, state and local funds for the Homer Avenue
Caltrain Undercrossing Project and potentially another $250,000 from the Peninsula
Corridor Joint Powers Board (PCJPB) for the raising of the railroad tracks in the rail
corridor. This reduces the original $1.2 million deficit identified in January 2002 to
approximately $440,000. Additionally, staff has expedited the public review processes to
obtain the recommended conditions of approval, obtained PCJPB approval to execute the
construction and maintenance agreement and will be on schedule to submit the project
plans, specifications and right-of-way documents to Caltrans in August. Staff and Nolte
Associates, Inc. have made significant progress with the various parties and agencies
involved in project review and approval which has increased the likelihood of securing
the funds and final Caltrans approval needed by the ~September 30, 2002 deadline.
CMR:313:02 Page 1 of 7
RECOMMENDATIONS, .
Staff recommends that the City Council:
1)Approve the Homer Avenue Calttain Undercrossing project,
recommended conditions of approval in Attachment B;
subject to the
2)Adopt the attached resolution (Attachment A) authorizing the submittal of an
application to the Metropolitan Transportation Commission (MTC), for a grant of
$464,000 in funds from the Transportation for Livable Communities Program, for
the project; and
3)Authorize the City Manager or his designee to execute the Railroad Construction
and Maintenance Agreement with the Peninsula Corridor Joint Powers Board for
the project (Attachment F).
BACKGROUND
In January 2002 (CMR:107:02), the City Council reviewed the preliminary design and
cost estimates for the Homer Avenue Caltrain Undercrossing Project, along with a
detailed analysis of the pros and cons of proceeding or not proceeding with the project
because of funding and time constraints. The City Council directed staff to proceed with
the project (complete design, negotiate right-of-way and pursue funding and the
recommended tunnel alignment). In April 2002 (CMR:198:02), Council adopted a
Mitigated Negative Declaration for the project and approved the 30% design, including
the skewed tunnel alignment; Council also authorized the City Manager to execute the
Program Supplement to the Master Agreement between the City and Caltrans to cover
financial reimbursement and conditions that are specific to the project. In May 2002
(CMR:229:02), City Council adopted a resolution accepting $200,000 in Transportation
Development Act Funds, including a commitment to make up any funding deficit for the
project. Securing the federal and state funding by the funding deadline is tied to the
Caltrans approval of the environmental and right-of-way documents, and completing
project plans, specifications and estimate (PS&E) by September 30, 2002.
Over the past year, Nolte Associates (Nolte) conducted .design review meetings with
staff, Peninsula Corridor Joint Powers Board (PCJPB), utility companies, Public Art
Commission (PAC), Palo Alto Bicycle Advisory Committee (PABAC), Historic
Resources Board (HRB), Planning and TransportationCommission and Architectural
Review Board (ARB) to assist in the development of the preliminary and final design,
developing 15%, and 30% plans..
DISCUSSION
Completion of 80% Design
Nolte has now completed the 80% design. The project involves the construction of a
bicycle and pedestrian tunnel that would connect the area around the Palo Alto Medical
CMR:313:02 Page 2 of 7
Foundation (PAMF) with the South of Forest Area and Downtown Palo Alto. Ramps a~nd
stairways leading to the tunnel were further developed to comply with the American with
Disabilities Act (ADA). The entry/exit ramps for bicyclists will also meet ADA
standards: two ramps on the Alma Street side and two ramps on the PAMF facility side of
the tracks serve this purpose. Decorative railing and lighting will enhance the new
landscaping, art and architectural elements. Existing vegetation is to be removed along a
portion of Alma Street and a buffer element will create a pedestrian and vehicle
separation.
The total project cost (Attachment D) increased from $4,932,220 to $5,054,920 due to
upgrades for the signalized intersection improvement on Homer Avenue and Alma Street
and an increase in the fiber optic relocation costs. The intersection improvements include
new signal poles, and new stand, alone pedestrian/bicycle heads with push buttons and
video cameras to detect and activate vehicle, pedestrian and bicycle signals. Staff will
work with Nolte to further develop the design enhancements to be part of the 100% plans
while providing the most cost effective and functional facility.
The eastbound bicycle and pedestrian traffic leaving the tunnel at the Alma Street side
will connect with a westbound, one-way Homer Avenue. The Transportation Division
and the Police Department have identified important circulation issues based upon the
existing conditions of the intersection and the proposed improvements. As part of a
traffic signal modification project, a new traffic signal phase will be necessary to
accommodate two crosswalks providing ingress and egress across Alma Street to the
undercrossing. The traffic signal upgrade will include an exclusive signal phase for
pedestrian and bicyclists crossing Alma Street to provide a safe crossing while preventing
vehicles from entering the intersection at the same time. Signalization and signage will
inform bicyclists not to travel with the vehicles by using a separate bicycle signal head
very similar to a pedestrian signal head. This type of intersection improvement would be
the first in Palo Alto and is supported by PABAC and staff. All intersection upgrades
will be coordinated through the Transportation Division and Police Department.
Right-of-Way Certification by Caltrans
In June 2002, staff submitted the project application to the Califomia Public Utilities
Commission (CPUC). The application that describes the project use and public need for
a tunnel to serve an estimated 1500 combined pedestrians and bicyclists daily. The
application did not identify any significant environmental impacts. On July 11 ~ 2002, the
City received a resolution from the PCJPB authorizing its Executive Director to execute
the construction and maintenance agreement and ancillary agreements for the project.
The construction and maintenance agreement would grant a permanent easement to the
City at no cost and stipulates that the City maintain the tunnel, approaches, landscaping,
lighting, etc; (Attachment F). Exhibits to the construction and maintenance agreement
will be finalized at the 100 percent design stage. This represents a major milestone in the
efforts to complete this project. Staff and Nolte will continue to work with the fiber optic
companies, Sprint, AT&T and MCI/Worldcom to gain approval of the 100% plans in
CMR:313:02 Page 3 of 7
August 2002. Submittal of the CPUC application, approval of the fiber optic relocations
and the PCJPB construction and maintenance agreement is needed to obtain the Caltrans’
right of way certification by September 30, 2002.
Metropolitan Transportation Commission Funding
In March 2002, staff submitted a grant application to the Metropolitan Transportation
Commission (MTC) for $1,291,000 from the 2002 Transportation for Livable
Communities (TLC) Capital Program for the Homer Undercrossing Project. MTC
received 55 applications totaling $59 million for only $9 million in available grant funds.
In early June, staff was notified that capital grant program included $464,000 for the
Homer Undercrossing project. While this is substantially below the City’s original
request, the project is one of only 12 projects recommended for funding. The TLC
project list was recommended by the MTC Programming and Allocations Committee and
was approved by the Commission on June 26, 2002.
The TLC grant requires a local match of 11.5 percent or $60,116. This match can come
from the developer mitigation fees. already committed to the project. "Attached is a
Resolution authorizing the City to formally apply for the grant funds, and committing the
City to provide the required local match and to complete the project.
REVIEW OF BOARDS AND COMMISSIONS
In June, the ARB reviewed the 80% plans, and recommended approval of the project with
the attached conditions including the design concept, tunnel alignment and the general
layout of the ramps and stairs (see Attachments B, C and E). Public art includes tunnel
and portal design enhancements such as color treatments, specialty lighting and
miscellaneous decorative items to provide a safe and functional facility while creating an
inviting corridor. The ARB and the PAC subcommittee consensus was that the art should
extend from the tunnel and into the portal, ramps and stairs to create an overall sense of
openness and movement and both wanted to assist in the final development of the art and
architecture design elements and theme. Staff will return to the ARB and PAC in August
to review the landscaping, lighting, portal and art design details.
A 3.5 feet square by 6 feet high concrete fence monument is currently centered at the T-
intersection of Homer Avenue and Alma Street. The historical report did not identify the
fence monument as eligible for the California Register of Historical Resources because it
does not meet the Register’s criteria for significant architecture, persons or events.
Therefore, project impacts on. the monument do not need to be mitigated under the
California Environmental Quality Act. However, the HRB considered the monument as
an artistic and historic piece that defines the end of an historic corridor (Homer Avenue)
and recommended the monument be placed at the same location, but at street level.
During the ARB review, the consensus was that the monument would not be appropriate
for an entrance and passageway and should be relocated to a nearby intersection because
it represents an ending point. Staff proposes that the monument be placed on the Alma
Street side, north of the approach as part of the new landscaped area (Attachment G).
CMR:3 ! 3:02 Page 4 of 7
Staff will arrange a joint session with the ARB and HRB to explore relocation of the
fence monument on the project site. Further development, location and design will be
included in the 100% construction documents.
RESOURCE IMPACT
There is currently a funding shortfall of approximately $690,000. This is due to: 1) the
original funding request being based on construction cost only and not being sufficient to
cover all project costs, 2) the PCJPB proposed a fourth track (elongating the original
tunnel structure by 20 feet) to accommodate the future electrification of the rail lines, and
3)traffic signal upgrades and increased fiber optic relocation costs have been
incorporated into the project. The committed funding sources for this project totaling
$4,366,000 are noted below:
Existing Secured Funds:.
TEA-21 (CMAQ funds), Congestion Mitigation & Air Quality
STIP, State Transportation Improvement Program
TFCA, Transportation Fund for Clean Air program funds
TEA, Federal Transportation Enhancements program
TDA, Transportation Development Act funds from VTA
Local Funds (Developer Mitigation Fees)
Requested TLC Funds, Transportation for Livable Communities
City’s Electric Utility Fund (proposed 2002-03 mid-year CIP adjustment)
Total Committed and TLC Funds
Funding Shortfall
$2,035,000
$33O,0OO
$325,000
$502,000
$2OO,OOO
$350,000
$464,000
$160,000
$4,366,000
$ 689,000
TOTAL PROJECT BUDGET $5,055,000
Staff met with Santa Clara Valley Transportation Authority (VTA) and Metropolitan
Transportation Commission (MTC) representatives and identified funding sources for the
City to significantly reduce the existing funding deficit to $690,000 as compared to an
estimated $1.2 million deficit in January. 2002. The funding agencies have indicated that
the City will need to commit City funds in order to leverage the significant level of grant
funds already committed. The developer mitigation fees and Electric Utility. fund for the
traffic signal could be applied towards the City’s funding commitment. Staff is pursuing
additional funding at this time through various funding sources totaling a minimum of
$600,000 as follows:
1) $250,000 PCJPB track raising maintenance program;
2) $350,000 Sustainable Communities Grant (grant application submitted 07/01/02);
and
3)Funding through the Governor’s economic stimulus package and State Bicycle
Transportation Fund monies available upon adoption of the Bicycle Plan.
CMR:313:02 Page 5 6f7
According to PCJPB staff, the first funding source is highly probable. The second
funding source is highly competitive, and the third funding source is speculative.
Staff believes the risk associated with not proceeding with the project will jeopardize the.
current funding commitments for this project. Staff will continue to pursue additional
funds, but a Budget Amendment Ordinance (BAO) may be required in the amount of the
funding shortfall estimated to be $440,000 ($690,000 - $250,000 from PCJPB) at the time
of the award of contract and for the consultant contract amendment for construction
services expected in the spring 2003.
Adoption of the attached resolution will then allow staff to begin the process of
requesting federal funds through MTC, pending the success .of staff efforts to gain
approval from Caltrans to proceed with construction. The General Fund faces an
estimated outlay of $440,000 in the spring 2003. These funds would have to be
withdrawn from the Budget Stabilization Reserve (BSR), since this is a new
infrastructure project. If additional grants are not received and the City is required to.
transfer $0.4 million from the BSR, the reserve will fall below the 18.5% recommended
reserve level. The Electric Utility capital program will be increased by $160,000 throu~gh
a mid-year adjustment in Fiscal 2002-03 for the proposed traffic signal improvements.
POLICY IMPLICATIONS
Current Council priorities have established that existing infrastructure projects have
priority over new infrastructure projects. This project is consistent with existing policy,
including Comprehensive Plan Transportation Policy T-14: Improve pedestrian and
bicycle access to and between local destinations; and Program T-21: Study projects to
depress bikeways and pedestrian walkways under Alma Street and Caltrain tracks and
implement if feasible.
In addition, the Coordinated Area Plan for the SOFA includes two policies related to this
facility: Policy T- 13: Support the.construction ofa railroad undercrossing’at Homer and
Alma, and Policy T-20: Facilitate implementation of the recommendations of the
Railroad Crossing Feasibility Study to improve pedestrian access from SOFA and PAMF
campus and points w.est.
TIMELINE
Milestone Date
PAC, HRB, ARB and PABAC review of 100% plans and estimate August 2002
Submit 100% Plans, Specifications and Estimate (PS&E) to Caltrans August 2002
Right-of-wayand Environmental Certification by Caltrans September 2002
CMR:313:02 Page 6 of 7
Final Caltrans Certification of Construction Plans
Award of Construction Contract
September 2002
April 2003
ENVIRONMENTAL REVIEW
On April 8, 2002, the City Council adopted the Mitigated Negative Declaration for the
Homer Avenue Caltrain Undercrossing Project, finding that there is no substantial
evidence that the project would have a significant effect on the environment. This project
is subject to the requirements of the National Environmental Policy Act (NEPA). A
"Preliminary Environmental Study" was completed during this final design phase and is
being reviewed by Caltrans. ,
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
Attachment G:
PREPARED BY:
DEPARTMENT HEAD:
Resolution
Conditions of Approval
Plan set (Council members only)
Cost Estimate
Project Description (Council members only)
Railroad. Construction and Maintenance Agreement
Monument site plan and side views
ELIZABETH AMES
Senior Engineer
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
EMILY HARRISON
Assistant City Manager
CMR:313:02 Page 7 of 7
ATTACHMENT A
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO AUTHORIZING THE FILING OF A ~GRANT
APPLICATION FOR FEDERAL SURFACE TRANSPORTATION
FUNDS THROUGH THE METROPOLITAN TRANSPORTATION
COMMISSION’S TRANSPORTATION FOR LIVABLE
COMMUNITIES PROGRAM FOR THE HOMER AVENUE
CALTRAIN UNDERCROSSING PROJECT AND. COMMITTING
THE NECESSARY LOCAL MATCH FOR THE PROJECT AND
STATING THE ASSURANCE OF THE CITY OF
PALO ALTO TO COMPLETE THE PROJECT
WHEREAS, the Transportation Equity Act for the 21st
Century (TEA 21) (Public Law 105-178, June 9, 1998) and the TEA
21 Restoration Act (Public Law 105-206, July 22, 1998) continue
the Surface Transportation Program, the Congestion Mitigation
and Air Quality Improvement Program and the Enhancements
Activities Program; and,
WHEREAS, pursuant to TEA 21, and the regulations
promulgated thereunder, eligible project sponsors wishing to
receive federal transportation grants for a project shall submit
an application first with the appropriate metropolitan
transportation planning organization (MPO) for review and
consideration in the MPO’s Transportation Improvement Program
(TIP); and,
WHEREAS, the Metropolitan Transportation Commission is
the San Francisco BayArea’s MPO; and~
WHEREAS, the City of Palo Alto is an eligible project
sponsor for federal transportation funds; and,
WHEREAS, the City of Palo Alto wishes to receive federal
transportation funds through MTC’s Transportation for Livable
Communities (TLC) Program’s capital grants for the Palo Alto
Medical Foundation/South of Forest Area (SOFA) Caltrain Bicycle
¯ and Pedestrian Undercrossing (~Homer Avenue Caltrain
Undercrossing") Project; and,
WHEREAS, MTC requires a resolution stating the
following:
i) the commitment of necessary local matching funds of
at least 11.5%; and,
2) the sponsor understands that the federal funding
through the TLC program is fixed at the programmed amount, and
020709 c10044170
therefore any cos{ increase cannot be expected to be funded
through the .TLC program; and,
3) the assurance of the sponsor to complete the project
as described in the application, and if approved, as programmed
in MTC’s TIP; and,
4) the assurance of the sponsor to comply with MTC’s
project review process pertaining to project management, design
review at 30%, 60%, 90%, and 100% phases, before and after
photos, project delivery, and public events; and,
5) the sponsor understands that funds must be obligated
by September 30, 2004, for TLC capital projects, or the project
may be removed from the program; and,
6) the sponsor understands that MTC expects the project
to be constructed and operational by September 30, 2005.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF PALO ALTO that the City Manager is authorized to proceed with
the federal-aid process with Caltrans for TLC funding in the
amount of $464,000 for the Homer Avenue Caltrain Undercrossing
Project; and,
BE IT FUTHER RESOLVED that the CityCouncil, by adopting
this resolution, hereby states that:
I) the City of Palo Alto will provide $60,116 in local
matching funds; and,
2) the City of Palo Alto understands that the TLC
program funding for the project is fixed at $464,000 and that
any cost increases must be funded by the City of Palo Alto from
local matching funds, and that the City of Palo Alto does not
expect any cost increases to be funded through the TLC program;
and,
3) the Homer Avenue Caltrain Undercrossing Project will
be built as described in this resolution and submitted
application and, if approved, for the amount shown in the
Metropolitan Transportation Commission (MTC) Transportation
Improvement Program (TIP) with obligation occurring within the
timeframe established below; and,
4) the City of Palo Alto will comply with MTC’s project
review process pertaining to project management, design review
at 30%, 60%, 90% and 100% phases, before and after photos,
project delivery, and public events; and,
020709 c10044170 2
5) the program funds will be obligated by September 30,
2004 for TLC capital projects; and,
6) the City of Palo Alto understands that MTC expects
the project to be constructed and operational by September 30,
2005;
BE IT FURTHER RESOLVED that a copy of this resolution
will be transmitted to MTC by the City Manager or designee.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Senior Asst. City Attorney City Manager
Public Works Director
Director of Administrative
Services
020709 el 0044170 3
ATTACHMENT B
RECOMMENDED CONDITIONS OF APPROVAL
Homer Avenue/Alma Street Undercrossing
File No. 02-ARB-23, 02-DEE-03, 02-EIA-02
PRIOR TO SUBMITTAL FOR BUILDING PERMIT
Planning Division -
1. Design details for the undercrossing portals, barrier wall, landscaping elements, and lighting
plan shall be further developed and reviewed by staff and the ARB. Once the ARB f’mds the
design satisfactory, the applicant may apply for building permits.
o The plans submitted for Building Permit shall be in substantial conformance with plans June
14, 2002 except as modified to incorporate these conditions of approval. These conditions of
approval shall be printed on the cover sheet of the plan. set submitted with the Building
Permit application.
Planning Division Arborist
3. Technical Specifications prepared by Nolte Engineering have omitted the required
engineered structural soil necessary for the tree plantings in the terraced plaza areas to thri. "ve.
Construction costs do not seem to have estimated this factor also.
Mitigation for protected trees #13 & 14 appear to be omitted from the construction costs
estimate projected by Nolte Engineering. Tree removal for additional trees to the south along
Alma, grading additional area, purchase, installation of two 48" and one 60" box size tree and
irrigation.
The large Pepper on the PAMF side was omitted on several sheetsl Show this tree on every
drawing. Move all electrical, drains, irrigation lines outside the dripline of this tree. Provide
for review a detailed elevation of the both paths near this tree showing no grade cuts within
the dripline. Fill material is permitted.
Sheet C-8. Remove the staging area from the Tree Protection Zone of the 15" oak. The tree
protection zone for all trees to be retained shall be shown as a bold dashed line on all
grading, Utility, irrigation, easement and site plans. Details shall be printed on the plans
consistent with the City Tree Technical Manual, Section 2.15.
7.Sheet D-4. Show grading continuing on the north and south side of the hardscape area to be
cleared and to accommodate the added mitigation trees.
8. Sheet A-4 is missing.
o Sheet L1.01. See also conditions of approval below for added planting specific.ations. The
trees selected are not appropriate for the project due to debris problems. Eucalyptus should
not be planted to match existing eucalyptus. Shrub plantings near the new and existing oaks
should be consistent with the plant list provided in the Tree Technical Manual, Appendix L.
The planting area along north Alma is cut off and should continue to the other side of the 15"
oak.
10. Sheet L2.01. Bubbler in sleeve is not recommended. Use bubbler on grade instead.
11.Sheet L2.02. Detail 1, remove the wooden cross brace from the staking. Provide a detail for
staking with the tree grates. Redi-stake makes one that bolts to the grate.
12. Sheet E-2. Move all trenching and controller outside the tree dripline.
13.Sheet S-2. General Structural Notes omits the base course material (Engineered Structural
Soil)
14. Mitigation shall be provided for the loss on protected oak #13 and protected oak #14.
15.For oak #13: preservation of a 30-foot area from development on the site and, replacement
two 48 box size m-kind trees or approved eqtuvalent. The replacement rmtlgat~on
tree(s) shall be in addition to the required landscape installation for the project. The existing
black acacia trees and shrubs in adjacent areas to the project may be removed for this
purpose.
16.For oak #14: preservation of 50-foot area from development on the site and, replacement
with a 60" box size in-kind tree or approved equivalent. The replacement mitigation tree(s)
shall be in addition to the required landscape installation for the project. The.existing black
acacia trees and shrubs in adjacent areas to the project may be removed for this purpose.
17. Tree Protection and Preservation Plan. A Tree Protection and Preservation Plan for
trees to be retained, including the protected 15-inch oak, two large eucalyptus, and the
two California peppers, shall be prepared by an ISA Certified Arborist and submitted
for review and approval by the Planning Arborist. The plan shall be consistent with
the City Tree Technical Manual, Section 2.00. All specific recommendations from the
approved plan shall be implemented and maintained throughout construction. A Tree
Protection Zone (TPZ) for each tree to be retained in which no soil disturbance is
permitted shall be established and be clearly designated on all improvement plans as a
bold dashed line, including grading, utility and irrigation, and show that no conflict
occurs with the trees. The plan shall specify, but not be limited .to, monthly arborist
inspections, and pruning, protective fencing, grading limitations and any other
measures necessary to insure survival of the trees. Key elements of this plan shall be
printed on a Tree Protection Instructions sheet with the Project Arborist contact
number.
18.
19.
A Project Arborist shall be selected for the project as required in the City Tree
Technical Manual, Section 2.30. The Project Arboristshall be conducting all
required inspections and be consulted in any activity involving the welfare of the
trees to be retained. The project arborist shall be responsible for marking all trees to
be removed and ensuring all trees to be protected are adequately protected with
fencing during construction.
Landscape and irrigation plans encompassing on and off-site plantable areas out to
the curb shall be submitted to and approved by the Planning Division and
Architectural Review Board. A Landscape Water Use s~atement, water use
calculations and a statement of design intent shall be submitted for each project. A
licensed landscape architect and qualified irrigation consultant should prepare these
plans. Landscape and irrigation plans shall include:
All existing trees identified both to be retained and removed including street
trees.
Complete plant list indicating tree and plant species, quantity, size, and
locations.
Irrigation schedule and plan.
Fence locations.
Lighting plan with, photometric data.
Trees to be retained shall be irrigated, aerated and maintained as necessary
to ensure survival.
All new trees planted within the public right-of-way, as shown on the
approved plans, shall be installed per Public Works Standard Tree Well
Didgram #504, shall have a tree pit dug at least twice the diameter of the
root ball. The Public Works Detail #504 shall be shown on Landscape Plans.
Landscape plan shall include planting preparation details for trees specifying
digging the soil to at least 30-inches deep, backfilled with a quality topsoil
and dressing with 2-inches of wood or bark mulch on top of the root ball
keeping clear of the trunk by 1-inch.
Automatic irrigation shall be provided to all trees. For trees, details on the
irrigation plans shall show two bubbler heads mounted on flexible tubing
placed at the edge of the root ball for each tree that is 15 gallon in size or
larger. Bubblers shall not be mounted inside the aeration tube. The tree
irrigation system shall be connected to a separate valve from other
shrubbery and ground cover, pursuant to the City’s Landscape Water
Efficiency Standards. Irrigation in the right-of-way requires a street work
permit per CPA Public Works standards.
Landscape Plan shall ensure the backflow preventer is adequately obscured
by planting the appropriate size and type shrubbery, fitted with green wire
cage, or painted dark green to minimize visibility.
20.Base course material for all areas for steps, walk’ways and upper landings within 10-feet of
tree or shrub plantings shall specify engineered structural soil to a minimum of 30-inch depth
(specifications attached).
21.Steel tree grate sample shall be provided to Public Works Department for inspection and
acceptance.
22.Approved Planting Soil Mix. The planting soil in the planter areas shall show a uniform soil
mix to a 24-inch depth. Prior to planting, the contractor shall provide soils lab report to the
City Arbodst verifying that the following soil mix has been delivered to the site.
a. Pal. Alto Soil Mix by volume (pre-mix off site)
*65% sandy loam (mostly medium to coarse grade)
*15% clay
*10% 1/4-inch ftr bark
*10% volcanic rock
*.Fertilizer. Combine Osmocote 18-6-12 or equivalent at label rates per yard in
the 12-inch area surrounding each root ball.
23.Tree Protection Instructions. All recommendations specified in the Tree Preservation Report
for the project shall be consistent with the City Tree Technical Manual (TTM), implemented
and maintained throughout the course of construction. The report contents and the required
information for Site Plans (TIM, Section 6.35. A separate TREE PROTECTION AND
PRESERVATION INSTRUCTIONS sheet shall accompany the plans submitted for building
permit and referenced on all Civil drawings (Utility, Storm, Grading, Erosion, etc.);
Demolition; Staging; Building; Landscape, Planting and Irrigation Plans. The Tree
Protection and Preservation sheet shall also contain the arborist report (Yet to be provided).
This sheet shall clearly show tree protection zone, indicating where the fencing will be
placed as a bold dashed line and denote all trees to be retained and those to be removed. The
trees to be protected shall be numbered on all plan sheets and reference the tree protection
instructions sheet. Trees to be removed shall be clearly marked.
24.All utilities, both public and private, requiring trenching or boring shall be shown on the
landscape and irrigation plans and shall show that no conflict will occur between the utilities
and any landscape or trees to be retained. This shall include publicly owned trees within the
fight-of-way.
25.Inspection Schedule. All inspections outlined in the City Tree Technical Manual, Section
2.30, shall be performed as required. The Inspection Schedule Table shall be printed on the
final set of plans submitted for the building permit.
26.Tree Protection Statement: A written statement shall be provided to the Building Department,
verifying that protective fencing for the trees is in place before demolition, grading or
building permit will be issued, unless otherwise approved by the City Arbodst. ..
27.Fencing - Protected Trees, Street Trees, or Designated Trees. Fenced enclosures shall be
erected around trees to be protected to achieve three primary functions, 1) to keep the foliage
canopy and branching structure clear from contact by equipment, materials and activities; 2)
to preserve roots and soil conditions in an intact and non-compacted state and 3) to identify
the Tree Protection Zone (TPZ) in which no soil disturbance is permitted and activities are
restricted, unless otherwise approved.
¯Size, type and area to be fenced. All trees to be preserved shall be protected with five
or six (5’ - 6’) foot high chain link fences. Fences are to be mounted on two-inch
diameter galvanized iron posts, driven into the ground to a depth of at least 2-feet at
no more than 10-foot spacing.
¯Type I Tree Protection: The fences shall enclose the entire area under the canopy
dripiine or TPZ of the tree(s) to be saved throughout the life of the project.
¯Duration. Tree fencing shall be erected before demolition, grading or construction
begins and remain in place until fmal inspection of the project, except for work
specifically allowed in the TPZ. Work in the TPZ requires approval by the project
arborist or City Arborist (in the case of work around Street Trees).
’Warning’ sign. A warning sign shall be prominently displayed on each fence at 20-
foot intervals. The sign shall be a minimum 8.5-inches x 11-inches and clearly state:
"WARNING - Tree Protection Zone - This fence shall not be removed and is subject
to a f’me according to PAMC Section 8.10.110."
Public Works
Site Specific Conditions
28.At the Alma Street tunnel entrance, the entry contour grades shall be set above the crown
elevation of Alma Street. The difference in this elevation shall be a minimum of 0.2tt.
29.The utility plan sheet, U-I, shall be revised. It appears not include details regarding the
utility poles along Alma that various other plan sheets refer to (sheet A-l, for example). The
utility plan shall show all utilities, underground and overhead, located within or near the
limits of work.
30.The storm line shown along the bike path shall not cgnnect to the existing 48" detention lines
as shown. This is an unacceptable situation since once the detention pipes (the 48" lines) as
filled, water will surcharge out of the proposed catch basins and flood the tunnel. Instead,
the storm line shall be extended, to beyond the scope of work (beyond the last ramp) to such a
point where the pipe will daylight. This will allow water to bypass the tunnel area altogether.
In addition, the size of the storm line shall be maximized to the largest possible diameter to
help reduce the impact in the event of a 100 year flood.
31.The proposed design will affect the overland flow path of the existing swale along the~bike
path side of the tunnel. This swale receives run off water from several adjacent properties
including the Sheridan Hotel, the Palo Alto Medical Foundation and other properties in the
area. The Applicant shall verify the grades of sidewalks, stairs, pedestrian & vehicle ramps
and ground floor elevations to assure that sufficient freeboard exits to protect these properties
against flooding from ponded water that may occur during the 100 year storm due to grade
changes in the swale.
STANDARD CONDITIONS
32.The applicant shall submit a fmal grading and drainage plan to Public Works Engineering.
This plan shall show spot elevations or contours of the site and demonstrate the proper
conveyance of storm water to the nearest adequate municipal storm drainage system.
Existing drainage patterns, including accommodation of runoff from adjacent properties,
shall be maintained.
33.Permittee must obtain a grading permit from the City of Palo Alto Building Inspection
Division.
34.The property owner shall obtain an encroachment permit or temporary lease from Public
Works Engineering for a structure, or other features constructed in the public right-of-way,
easement or on property in which the City holds an interest. PAMC, See. 12.12.010. The
building permit associated with this application will not be issued until the encroachment
permit or temporary leasehas been approved.
35.A construction logistics plan shall be provided, addressing at minimum parking, truck routes
and staging, materials storage, and the provision of pedestrian and vehicular traffic adjacent
to the construction site. All track routes shall conform with the City of Palo Alto’s Trucks
and Truck Route Ordinance, Chapter 10.48, and the route map which outlines tmek routes
available throughout the City of Palo Alto. A handout describing these and other
requirements for a construction logistics plan is available from Public Works Engineering..
Transportation Division
Comments Pertaining to PAMF Portal
36. The detail sheet (Sheet A-4?) is missing.
37.The stairways shall incorporate a narrow flat area somewhere central in the stai’iway wide-
enough for a bicycle wheel as it is being pushed up or down the stairs by a cyclist not
wanting to use the ramps. On the PAMF side some cyclists will want to enter/leave the
tunnel from the front rather than riding the long way to the ends of the long ramps. This does
not seem to be shown on the. plans.
38.The ramp/path intersections on Sheet A-1 do not show new pavement to provide a complete
connection. Something similar to the crosshatached areas in the grading plan (Sheet D-l)
needs to be shown. This intersection needs to be wide enough to accommodate bicyclists
making a U-turn from the path to the ramp, or vice versa, from the near lane.
Comments Pertaining to the Homer Portal
39.The pedestrian safety barrier needs .to be a type that meets Caltrans safety standards. It also
should be not higher than three feet above the roadway so that drivers and tunnel users can
see each other. Safety standards require that this barrier be set back two feet from the face of
curb, so the drawings are not allowing enough width for the setback and the barrier (e.g.,
Sheet A-3). ’
40. Option 1 (two ramps) is the preferred option.
41.If possible, each of the two openingsto the Alma Street crosswalks should have some type of
stripe_d buffer, signage, or some other type of warning to designate the close presence of fast
moving curb traffic. A possible model is the colored textured strips along BART and Caltrain
tracks at stations to alert waiting passengers to moving trains.
42.On the north side of the tunnel portal, a sight distance triangle should be provided along the
Alma curb, starting at the north edge of the north crosswalk, for a distance of seven feet
behind the curb at the crosswalk, tapering back to the curb a minimum of 200 feet to the
north. In this triangle all existing shrubs should be removed. Trees are acceptable. This will
provide tunnel users with a minimum sight distance triangle of oncoming Alma traffic to
judge if it is safe to enter the intersection on the pedestrian phase. Some of this area may .
already be cleared due to the construction of the new JPB parking lot exit north of Homer.
Comments Pertaining to the Signal and Homer/Alma
43.The signal plan and intersection layout are generally acceptable. However some changes are
needed as listed in the following items.
44. Phase 8 (peds and bikes) must occur before Phase 4 (vehicles).
45.The "No Right Turn on Red" electronic sign shall use LEDs and display a flashing message
during Phase 8 (only).
46.A separate bicycle-only bike lane needs to be created on the right side of the Homer approach
for approximately one car length. It is essential to prevent fight-turning vehicles from
entering this lane and triggering the bike-ped phase (Phase 8) and/or vehicles and bicycles
blocking each others’ movements. Thus a raised berm two feet wide needs to be constructed
to separate a six-foot (maximum) bike lane from the adjacent traffic lane. Some field work is
required to determine impacts on the adjacent property’s driveways. The two traffic lanes
would be 10 feet wide, with 8 feet remaining for the parking lane on the south side of Homer.
47.Approximately 100 feet before Alma, on the north side of Homer, a special warning sign set
is needed: 24x24 diamond yellow/black Symbol "bike signal ahead" sign, with a
supplemental black/white rectangular plate reading "Bikes Use Bike Lane". See attached
example of the first sign from Davis, CA. Proper operation of the bike signal requires that
bicycles use the bicycle lane rather than the traffic lane, and vice versa for cars.
48.There may still be some conflicts between proposed signal pole locations and other poles,
existing and new. For example, on Sheet A-1, at the southerly Alma crosswalk, it looks like
the new signal pole is located almost on top of a new light fixture pole.
Utilities Electric Engineering
49. Signal modification costs are to be included in the budget.
50.More detail is required regarding the railroad track that are to be elevated. Clearance of
overhead facilities shall be considered.
51. The lighting proposed for the project will not be maintained by Electric Utilities.
52.The lighting fixtures proposed would be subject to vandalism, and hence Utilities
recommends selecting and installing vandal proof fixtures.
53.The power source for the lighting will be a metered service. Provisions shall be made to
install a freestanding electric meter pedestal or a meter panel attached at a convenient
location in the tmdercrossing structure.
54.Location for the nearest electric power source point will be provided once detailed plans are
received.
Fire Department
55. Fire extinguishers are required. Use the following configuration: one fire extinguisher at
either end of the tunnel or one in the middle of the tunnel.
56.Emergency lighting is required. A secondary power source (battery backup) is needed to
illuminate exit paths in the event of a power outage..
57. One emergency telephone is recommended, but not required by the Fire Code.
58.A Hazardous Materials Management plan (HMMP) is required to be submitted to the Fire
Department in accordance with State law.
Real Estate
59. The applicant shall obtain all agreements and/or easements necessary for the project.
PRIOR TO ISSUANCE OF BUILDING PERMIT
Public Works
60. The applicant shall obtain a Street Work Permit from Public Works Engineering for
pedestrian protection on the public sidewalk and or construction proposed in the City ri-ght-
of-way. See. 12.08.010.
61.A portion of the proposed work is within the Joint Powers Board right of way. A permit
must be obtained from the applicable agency. Evidence of permit approval shall be
submitted to the’Planning and Public Works Departments.
62.A detailed site-specific soil report prepared by a licensed soils or geo-teehnical engineer must
be submitted which includes information on water table and basement construction issues.
This report shall identify the current groundwater level, if encountered, and by using this and
other available information, as Well as professional experience, the engineer shall estimate
the highest projected ground-water level likely to be encountered in the future. If the
proposed structure is reasonably above the projected highest water level, then the structure
can be constructed in a conventional manner with a subsurface perimeter drainage system to
relieve hydrostatic pressure. If not, measures must be undertaken to render the structure
waterproof and able to withstand all projected hydrostatic and soil pressures. No pumping of
ground water is allowed. In general, however, Public Works Eiagineering recommends that
structures be constructed in such a way that they do not penetrate existing or projected
ground water levels.
63.Although this proposed development will disturb less than five acres of land, it is located in
an environmentally sensitive area and/or has potential for storm water pollution due to steep
grades, paved parking areas or other site conditions. The applicant must prepare and
implement a Storm Water Pollution Prevention Plan (SWPPP). The applicant is required to
submit two copies of the draft SWPPP to the Public Works Department for review and
approval prior to issuance of the building permit. The SWPPP should include permanent,
post development project design features as well as temporary measures employed during
construction to control storm water pollution. Specific Best Management Practices (BMP’s)
which apply to the work should be incorporated into the design. The applicant is not
required to file a Notice of Intent (NOr) for coverage under theState Water Resources
Control Board’s general permit for storm water discharge associated with construction
activity.
64.The applicant is required to paint the "No Dumping/Flows to (insert name of creek) Creek"
logo in blue color on a white background, adjacent to all storm drain inlets. Stencils of the
logo are available from the Public Works Environmental Compliance Division, which may
be contacted at (650) 329-2598. A deposit may be required to "secure the return of the stencil.
Include the instruction to paint the logos on the construction grading and drainage plan.
Include maintenance of these logos in the Hazardous Materials Management Plan, if such a
plan is part of this project.
DURING CONSTRUCTION
Planning Division Arborist
65. All trees to remain adjacent to the project site shall be prtmed. Prior to the installation of the
required protective fencing, pruning or care for trees to remain shall be performed in
accordance with the City Tree Technical Manual, Section 5.00, Crown Cleaning or
Reconstructive Pruning. Pruning shall be arranged by contacting Public Works Operations at
(650) 496-6974.
66.Arbodst Inspection Report. The project arbofist shall per.form a site inspection to monitor
tree condition on a minimum of four-week intervals. The Planning Arbodst shall be in
receipt of the inspection report during the first week of each month until completion at fax #
(650) 329-2154.
65. The following tree preservation measures apply to all trees to be retained:
No storage of material, topsoil, vehicles or equipment shall be permitted within’the
tree enclosure area.
The ground under and around the tree canopy area shall not be altered.
Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure
survival.
d.. Watering Schedule. All trees to be retained shall receive monthly watering
during all phases of construction per the City Tree Technical Manual, Section 5.45.
A written log of each app!ication of water shall be kept at the site. The City
Planning Arbodst shall be in receipt of this log before f’mal inspection is requested.
Public Works
66.The contractor must contact the CPA Public Works Inspector at (650) 496-6929 prior to any
work performed in the public right-of-way.
67.No storage of construction materials is permitted in the street or on the sidewalk without
prior approval of Public Works Engineering.
68.The developer shall require its contractor to incorPorate best management practices (BMP’s)
for stormwater pollution prevention in all construction operations, in conformance with the
Storm Water Pollution Prevention Plan prepared for the project. It is unlawful to discharge
any construction, debris (soil, asphalt, sawcut slurry, paint, chemicals, etc.) or other waste
materials into gutters or storm drains. (PAMC Chapter 16.09).
69.All construction within the City right-of-way, easements or Other property under City
jurisdiction shall conform to Standard Specifications of the Public Works and Utility
Departments.
PRIOR TO FINALIZATION
Planning Arborist
70. Landscape Architect Inspection. The contractor shall call for an inspection by the Landscape
Architect, and provide written verification to the Planning Department that all trees, shrubs,
planting and irrigation are installed and functioning as specified in the approved plans~
Public Works
71.All sidewalks and curb and gutters bordering the project shall be repaired and/or removed
and replaced in compliance with Public Works approved standards. See. 12.08.010.
72.The Public Works Inspector shall sign off the project permit prior to the fmalization of this
permit. All off-site improvements shall be finished prior to this sign-off. Similarly, all as-
builts, on-site grading, drainage and post-developments BMP’s shall be completed prior to
sign-off.
ATTACHMENT C
Plan Set
Distributed to Council members only
ATTACHMENT D
HOMER AVENUE UNDERCROSSING
Project Cost Estimate
8O% PS&E
Skewed Alignment
with
Precast Concrete Slab Bridge on Soil-Cement Piles
B.
C.
D.
E.
F.
Construction Costs
City Costs (soft costs)
15% Design (already allocated)
Final Design (already allocated)
Const. Administration (10% of-’A’)
Project Contingency (10% of ’A’)
Total Estimated Project Cost
$3,636,600
$100,000
$157,000
$434,000
$363,660
$363,660
June 10,2002
BEYOND ENGINEERING
ENGINEER’S OPINION OF PROBABLE CONSTRUCTION COST
FOR
HOMER AVENUE UNDERCROSSlNG
Civil
2
3
4
5
6
7
8
.g
10
.11
12
13
14
15
16
17
18
19
20
Remove Asp.halt Concrete Surfacing
Temporary Fence
Construction Area Signs
Traffic Control System
Asphalt Concrete (T~,pe A)
Minor Concrete (Curb)
Class 2 Aggregate Base
Roadway, Excavation
Drainage Inlet
Junction Box
12" Reinforced Concrete Pipe
18" Reinforced Concrete Pipe
Pump Station
Trench Drain
Pull Box (for pump station)
6" AWWA C900
6" Flap Gate
Remove Fence
Relocate Fence
Relocate Light Pole
SF
LS
LS
LS
TON
LF
CY
CY
EA
EA
LF
LF
LS
LF
EA
LF
EA
LF
LF
EA
36
1
1
1
31
152
63.
3,4801
3
2
96
140
1
88
2
238
2
256
114
3
$5.00
$5’,000.00
$5,0OO.O0
$15,000.00
$100.00
$15.00
$35.oo
$25.0o
$5,OO0.00
$5,0OO.0O.
$100.00~
$1oo.oo
$80,000.O0
$65.OO
$450.00
$190.00
$800.00
$5.00
$15.00
$2,000.OO
Civil Subtotal =
$180
$5,000
$5,000
$15,000
$3,100
$2,28O
$2,205
$87,0OO
$15,000
$10,000
$9,600
$14,000
$80,0oo
$5,720
$900
$45,220
$1,600
$1,280
$1,710
$6,000
$310,795
Structural
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Soil Slurr7 Walls
Structural Steel
Bar Reinforcing Steel
Structural Concrete
Furnish Precast Concrete Slab
Erect Precast Concrete Slab
Structural Excavation & Backfill
Concrete Barder
Barrier Railing
Furnish Precast Abutment Units
Erect Precast Abutment Units
Structural Concrete, Approach Slab
Elastomeric Bearings
Waterproofing
SF
LB
LB
CY
EA
EA
CY
LF
LF
EA
EA
SF
EA
SF
13,675
406,250
42,700
215
13
13
160
200
48O
12
12
7OO
26
1,785
$35.00
$O.5O
$1.50
$45O.00
$5,OOO.OO
$2,O00.0O
$45.OO
$75.oo
$75.00
$6,000.00
$3,000.00
$20.00
$500.00
$15.00
Structural Subtotal =
$478,625
$203~125
$64,050
$96,750
$65,000
$26,000
$7,200
$15,ooo
$36,000
$72,O0O.
$36,000
$14,000
$13,000
$26,775
$1,153,525
Traffic
35
36
37
38
39
40
41
42
43
44
45
46
47
Signal/Signing & Striping
F&I Bicycle Signal (LED)
F&I No Right Turn on Red Sign
F&I Video Detection Camera
F&I 3" Schedule 40 PVC conduit
F&I 2" galvanized steel conduit
F&I No. 6 Pull Box
F&I No. 5 Pull Box
F&I Traffic Signal (LED)
F&I Pedestrian Signal (LED)
F&I Pedestrian Push Button (ADA)
F&I Pedestrian Push Button Post
F&I T~,pe 1A Standard
F&I Type 17 Mastarm Standard
EA
EA
EA
LF
LF
EA
EA
EA
EA
EA
EA
EA
EA
2
1
4
3OO
5O
1
5
8
6
6
1
2
3
$10,000.00
$1,000.00
$8,000.00
$4o.00
$30.OO
$750.00
$450.00
$1,000.00
$750.00
$400.OO
$6OO.OO
$2,000.00
$4,000.00
$20,000
$1,000
$32,000
$12,000
$1,5oo
$75o
$2,250
$8,0oo
$4,50O
$2,400
$6O0
$4,000
$12,000
ENGINEER’S OPINION OF PROBABLE CONSTRUCTION COST
FOR
HOMER AVENUE UNDERCROSSING
!~EM~N ~.
48
49
50
51
52
53
F&I Conductors & Wirings
F&I Traffic Signal Controller Assembl~,
F&l Service
F&I Luminaire
F&I Photoelectric Cell
Signing and Striping
LS 1 $15,000.00
EA 1 $12,000.00
EA 1.$1,000.00
EA 2 $400.00
EA 1 $400.00
LS 1 $5,000.00
Traffic Signal/Signing & Striping =
$15,000
$12,000
$1,ooo
$800
$4oo
$5,000
$135,200
Lighting/Electrical
54 ILighting -’_
" 55 Lighting (’Fib’eroptic)
56 Drainage Pump Control
57 Electrical Service Connections by Cib/Utilities
LS
LS
LS
LS
1
1
1
1
$150,000.00
$15,000.00
$16,000.00
$3,000.00
Lighting/Electrical Subtotal =
$150,000
$15,000
$16,000
$3,000
$184,000
Architectural
Concrete
58
59
6O
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
8O
81
82
83
84
85
86
87
88
89
90
Tunnel Sidewalk Topping~Slab SF
Colored Concrete Slab Work SF
Sloped slab work (rampsI SF
ADA Ramp Curbs LF
8.3’ walls LF
2.0’ retaining walls LF
2.4’ retaining walls LF
3.3’ retaining walls LF
4.3’ retaining walls LF
5.0’ retaining walls LF
Circumferential Steps w/ADA edging LF
Vertical Concrete ~unnel Interior WallsI CY
Vertical Concrete (Tunnel Portal Treatment)LS
Grafitti Coating SF
Tunnel Ceiling Treatment
Grout lines
Benches
Metal Work
Tunnel Handrail
Stair Railing
Ramp Railing
Retaining Wall Railing
Stepped Grates Pattern Work
Stepped Tree Grates
Flat Tree Grates
Cleanout Access Grates
Pattern Charge for Trench Drain Grates
LS
LF
LF
LF
LF
LF
LF
LS
EA
EA
EA
LS
Trench Drain Grate 13’-3, O.D. 12" wide, raw castiron
Metal Work in Tunnel
Building Buttons
Trellis or Tunnel Ceiling Opening Railings
Miscellaneous
Awings at Tunnel Portals
Trash Receptacles
Drinkin~ Fountain
LF
LS
EA
LS
600
2391
2239
400
224
208.3
14
6.8
490
50.1
630
12
2
3,000
1
710
59
150
124
520
4O0
1
7
5
3
1
88
1
100
1
$12.00
$12.00.
$12.00
$20.00
$300.00
$120.00
$22.00
$170.00
$170.00
$25.00
$52.00
$6OO.0O
$40,000.00
$1.00
$10,000.00
$10.00
$150.00
$50.00
$175.00
$175.00
$100.00
$8,000.00
$2,OOO.O0
$1,100.00
$4O0.OO
$2,600.00
$85.oo
$20,000.00
$32.00
$20,O0O.00
$7,200
$28,692
$26,868
$8,OO0
$67,200
$24,996
$3o8
$1,156
$83,300
$1,253
$32,760
$7,200
.$80,000
$3,000
$10,000
$7,100
$8,850
$7,500
$21,700
$91,000
$4O,OOO
$8,OOO
$14,000
$5,500
$1,200|
$2,600
$7,480
$20,000
$3,200
$20,000
LS 2i $20,000.00 $40,000..
EA 4 $800.00 $3,200
EA 0 $10,000.00 $0
Architectural Subtotal []$683,263
N:\Sj0781\Gen~XIs\80% Estimate\80%costestimate.xls 3 of 4 6/10/2002
ENGINEER’S OPINIONOF PROBABLE CONSTRUCTION COST
FOR
HOMER AVENUE UNDERCROSSING
Landscaping and Irrigation
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
Remove Tree
Test Soil
Prep Soil
Fine Grade
Import Engineered Fill and Compact.
IMainline Piping
Backflow Preventer Assembly
Irrigation Controller
Quick Coupling Valves
Remote Control Valves
Spray Heads
Ddp Lines
Bubblers
Gate Valves
Irrigation Wiring
Sleeving
Filter Fabric
DG
24" Box Tree
36" Box Tree
48" Box Tree
5 Gallon Shrub
15 Gallon Shrub
1 Gallon Ground Cover
1 Gallon Vines
Mulch
Maintenance for 90 Days
EA
LS
SF
SF
CY
LF
EA
EA
EA
EA
EA
LF
EA
EA
LF
LF
SF
CY
EA
EA
EA
EA
EA
EA
EA
CY
LS
13
1
9,000
9,000
10’
100
2
1
4
8
60
300
4O
2
1,500
140
’ 200
24
0
13
30
0
115
2,000
100
23
1
$600.00
$5o.00
$0.5o
$O.20
$65.00
$5.0o
$1,000.00
$6O0.O0
$75.oo
$175.00
$35.o0
$5.o0
$35.oo
$150.00
$2.oo
$5.o0
$o.5o
$45.OO
$38O.OO
$1,000.00
$2,500.00
$3o.oo
$75.O0
$5.75
$15.00
$30.00
$3,900.00
Landscaping & Irrigation Subtotal =
Subtotal =
Mobilization (10%)
Contingency (10%)
Total =
Miscellaneous
118 Relocation of Overhead Lines
119 Steel Utility Pole
120 Track Raise
121 Track Segment Removal and Restoration
122 Railroad Flagging
123 Relocation of Fiber Optic Conduit (Sprint)
124 Relocation of Fiber Optic Conduit (AT&T))
125 Contingency on Miscellaneous Items (15%)
LS
EA
LS
LS
Days
LS
LS
LS
1 $40,000.00
1 $60,000.001
1 $250,000.00
1 $25,0OO.OO
10 $5O0.OO
1 $125,000.00
1 .$i25,000.00
1 $94,500.00
Miscellaneous Subtotal =
Total Construction Cost =
$7,800
$5O
$4,5OO
$1,800
$650
$5o0
$2,OO0
$600
$300
$1,400
$2,100
$1,500
$1,400
$300
$3,OO0
$700
$100
$1,080
$o
$13,000
$75,OO0
$o
$8,625
$11,500
$1,500
$690
$3,900
$143,995
$2,426,77~
$242,678
$242,678
$2,912,100
$40,000
$6o,ooo
$250,000
$25,OOO
$5,000
$125,000
$125,000
$94,50O
$724,500’
$3,636,600
ATTACHMENT E
Project Description
Distributed to Council members only
ATTACHMENT F
RAILROAD CONSTRUCTION AND MAINTENANCE AGREEMENT
This Railroad Construction and Maintenance Agreement (the "Agreement") is entered
into this day of ,2002 by and between the Peninsula Corridor
Joint Powers Board, a public agency ("JPB" or "Railroad"), and the City of Palo Alto, a
municipal corporation ("City").
RECITALS
A.Railroad is the owner of the Peninsula Corridor Railroad right-of-way ( Right
of Way") within the City, and specifically that certain real property, double track railroad and
fixtures located at MP 30.4, as depicted on Exhibit A which is attached to this agreement and
incorporated into it by this reference ("Property").
B.The City is sponsoring a project to construct supplementary facilities for a
pedestrian and bicycle path (herfinafter referred to as "Project"). Project improvements include
construction of a pedestrian underpass beneath the double track railroad, including stairs, ramps
and connections to the existing pedestrian and bicycle path, and associated drainage and lighting
facilities (collectively the "Structure"). For purposes of the Agreement, the term "Structure"
shall describe the construction activities for the Structure by City on the Property, including all
necessary changes to telephone, telegraph, signal, electrical lines and appurtenances, the
relocation of all utilities and pipelines of any kind, all temporary and permanent track work to the
existing double track railroad if necessary, grading, drainage, access roadways to railroad right of
way, right of way or easement acquisition, preliminary and construction engineering, and any
and/or all other work of every kind and character necessary to build the Structure.
ojpk 7-7-00
932416.3
C.The parties now desire to set forth herein their understandings and agreements
relating to construction of the Structure by City and maintenance of the Structure.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:
I.Construction Costs/Construction Standards. The City shall furnish, or cause
to be furnished, at its sole cost and expense, all labor, materials, tools, and equipment needed to
complete the Structure in accordance with plans and specifications subject to approval by the
JPB (the "Plans and Specifications"). The Plans and Specifications will call for construction of
the Structure to standards necessary to support dynamic railroad loading across the entire
operating corridor of the Right of Way. The design and construction of the Structure shall
comply with all rules and regulations of the California Public Utilities Commission regarding
side clearances and vertical clearances, including, but not limited to (I) PUC’s General Order
26D, (2) the applicable specifications and design, construction, safety and operational standards
used by the JPB in its normal practice, including but not limited to the most current version of
applicable JPB Track, Signal, Bridge and other standards and practices (hereinafter, the "JPB
Standards"), (3) the applicable American Railroad Engineers Association Standards ("AREA
Standards").
2.Real Property Conveyances. To allow City to construct the Structure
contemplated in this Agreement, Railroad shall grant to City a Right of Entry Permit ("City’s
ROE") in the form attached to this Agreement as Exhibit B. To permit the City to maintain the
Structure, upon City’s notice to JPB of its acceptance of Project, as evidenced by its recording of
2 932416.3
a Notice of Completion, Railroad shall grant to City an easement in the form attached to this
Agreement as Exhibit C. City shall provide at its sole cost and expense all required survey and
right of way engineering documents including legal descriptions (consisting of metes and bounds
descriptions when necessary) required to convey or reconvey any real property or interest therein,
including without limit easements and utility licenses, needed in connection with the Structure
and shall pay all recording and escrow fees associated with such conveyances. The parties agree
that the easement granted by Railroad is valued at $, but that Railroad shall grant
these rights to City at no cost to City.
3.Utili .ty Relocations. The City shall be solely responsible at its own cost and
expense for identifying the location of all pipelines (including, without limit, high pressure
petroleum pipelines, gas and water pipelines), fiber optic lines and all other utilities of whatever
nature ("Facilities") on Railroad’s Right of Way in the vicinity of the Structure, and for
relocating or arranging for the relocation of all such Facilities which would interfere with City’s
construction of the Structure and City’s proposed and future use within said easement as
described in Exhibit C. City shall be responsible for contacting and shall work with the owners
of these Facilities to identify their exact location and arrange for relocation as needed. City shall
reimburse JPB for any costs associated with updating the documentation for these relocations.
City acknowledges that any information provided or to be provided by Railroad pertaining to the
existence and/or location of said Facilities was and is intended for general information purposes
only and should not be relied on for any reason. All such relocationsshall be effected in
compliance with JPB Standards. City hereby specifically acknowledges that Railroad has made
no representations or warranties as to the number, type or location of such Facilities in the
3 932416.3
vicinity of the proposed Structure. Nothing herein shall preclude the City from seeking
reimbursement for Facilities relocation costs and liabilities from third parties such as the
Facilities owners themselves.
4.Railroad Construction. City shall design, engineer and effect at its .sole cost and
expense all temporary and permanent new construction, relocation and reconstruction of
Railroad’s existing double track railroad, signals, structures, roads, grading (except as hereinafter
provided), drainage and any other Railroad facility made necessary as a result of the. Structure.
Railroad will, at Railroad’s expense, raise the grade of its double track railroad at the location of
the Project to eliminate a dip in the track profile between University Avenue and Churchill
Avenue. The Plans and Specifications related to track rearrangement shall be subject to the prior
approval of Railroad. Upon completion of the Structure, City shall deliver to JPB one set of"as-
built" documents for the Structure of a quality suitable for reproduction and an electronic version
in a suitable format.
Railroad or its contractor shall relocate any and all railroad signal lines and other
railroad communication facilities, the existing location of which would interfere with City’s
construction of the Structure and/or City’s proposed and future use within the easement area as
shown on Exhibit C, at City’s sole cost and ~xpense. Railroad or its contractor shall provide all
flagging and engineering inspection required in connection with construction of said Structure, as
determined by Railroad in its reasonable discretion, at City’s sole cost and expense.
Railroad acknowledges that City’s plans for construction of the Structure will
require removal of one of the two main tracks from service while rail operations continue on the
remaining main track (hereinafter "Single Track Window"). Singe Track Windows must be
4 932416.3
requested by City and approved by the JPB at least 60 days in advance of the proposed Single
Track Window. The prior approval by JPB of a specific Single Track Window date(s) and
time(s) is dependent upon the existing scheduled train service, any special event train service,
Union Pacific Railroad Company ("UPRR") freight service, and other ongoing JPB construction
and maintenance projects. In general for calendar year 2003 and until March 1, 2004, Single
Track Windows will be available on a limited basis not to exceed 8 Single Track Windows on
Thursday nights after approximately 11:00 PM and lasting until 4:00 AM Friday morning, and on
Friday nights after approximately 11:00 PM, all day Saturday and Sunday until 12:00 midnight.
The Railroad has also developed tentative plans to remove both tracks from service at the Homer
Avenue location on weekends between approximately 11:00 PM Friday night to Sunday night at
12:00 midnight from approximately January 1, 2003 until March 1, 2004 (hereinafter, a "Double
Track Window"). Double Track Windows must be requested by City and approved by JPB at
least 90 days in advance of the proposed Double Track Window. The prior approval by the JPB
for specific Double Track Window date(s) and time(s) is dependent upon the existing scheduled
train service, any special event train service, UPRR freight service, and other ongoing JPB
construction and maintenance projects. In general for calendar year 2003 and until March 1,
2004, Double Track Windows may be available on a limited basis for four Double Track
Windows on Saturday mornings after approximately 1:00 AM and lasting until Sunday afternoon
at approximately 5:00 PM. JPB acknowledges that availability of Double Track Windows will
result in lower construction costs for the Project, and agrees to cooperate with City in making
such Double Track Windows available to the extent possible, taking account of the factors listed
above.
932416.3
5.Cost Reimbursement.
a.Construction. In accordance with the terms and conditions of a fully
executed Service Agreement, City shall reimburse Railroad for any and all costs and expenses
incurred by Railroad in connection with City’s construction of the Structure, including all costs
and expenses incurred by Railroad in performing its obligations under Sections 3 and 4 above
(except with respect to the raising of the.railroad profile between University and Churchill),
which shall include, but not be limited to, costs incurred in connection with relocation of signal
and communication facilities, signal work and rehabilitation of existing tracks and flagging, if
necessary. All preliminary engineering costs, engineering inspection costs and administrative
costs incurred by Railroad in conjunction with the Structure shall be included. An estimate of
the JPB’s expenses to be reimbursed by City is attached to this Agreement as Exhibit D and
incorporated into it by this reference. It is understood and agreed by the City.that City shall be
responsible for all actual costs incurred by Railroad or its contractor, notwithstanding any
variance from this estimate.
b.Traffic Delay Costs. In the event construction of the Project causes
delays to JPB’s Peninsula Commute Service, City or its contractor will be assessed the damage
charges listed below which pertain to the contract specified. The charges cover such costs as: 1)
Additional train crew labor costs; 2) Additional railroad inspector costs; 3) Costs of establishing
any bus bridges; 4) Lost passenger revenues; and 5) Customer rebate costs.
6 932416.3
.Minor Train Delay Charges
Maximum Delay Per Train Charges Per Train
Per Day (minutes/seconds)
1’01" to 2’00"
2’01" to 5’00"
5’01" to 10’00"
10’01" to 15’00"
Weekday or
Weekend Day
$ 2,500
$ 6,500
$13,000
$2O,0O0
Maior Train Delay Charges
No. of Trains Delayed More
Than 15 Minutes in Any
Calendar Month Charges per Train
1 to 2 $20,000
3 to 4 $40,000
5 to 6 $60,000
7 or More $80,000
City shall pay to JPB the sums set forth above within forty-five (45) days of receipt of invoice
from JPB. Railroad will notify the City with the details of the alleged delay within five (5)
working days, if the Railroad intends to assess a traffic delay cost against the City or its
contractor. Notwithstanding the foregoing, Railroad agrees that no delay charges will be
assessed for any delays arising from single tracking of its trains through the construction site
during approved Single Track Windows or Double Track Windows provided in Section 4.
c.Extraordinary Maintenance Costs. The City shall reimburse Railroad
for the actual costs and expenses incurred by Railroad in performing any extraordinary
maintenance of its tracks and/or roadbed resulting from movement or settlement of said tracks
and roadbed during the first two (2) years after construction of the Structure are completed. For
purposes of this Section the term "extraordinary maintenance" shall mean any maintenance
undertaken other than what would not have been undertaken had the Structure not been
7 932416.3
constructed, as determined in the reasonable discretion of Railroad based on past maintenance
requirements. Railroad shall provide the City with a written explanation which sets forth the
¯ analysis the Railroad undertook to determine that the maintenance in question was
"extraordinary."
d.Procedure for Reimbursement. On a monthly basis, or on a less
frequent basis as determined by Railroad, Railroad shall submit to City a detailed statement of
costs and expenses that are to be reimbursed as provided in this Section 5. City shall reimburse
the Railroad the total specified in said statement within sixty (60) days of the date of the
statement. City’s failure to reimburse Railroad within this time period shall be cause for
termination of the City’s ROE. Neither City nor City’s Contractors shall have any claim for
damages resulting from such termination.
e.Audit. The books, papers, records and accounts of the parties, so far as
they relate to the items of expense for labor and materials, or are in any way connected with the
work herein contemplated, shall, at all reasonable times, be open to inspection arid audit by the
agents and authorized representatives of the parties.
f.Cost Overruns. In the event Railroad foresees costs overruns in excess of
the Cost Estimate attached to this Agreement as Exhibit D, Railroad will promptly notify City of
the expected overrun and revise its estimate accordingly. City will have thirty (30) days from
notification by Railroad to review and approve the revised estimate. Railroad will suspend all
work within the Railroad’s Right of Way should there be no agreement on the revised cost
estimate. Neither City nor City’s Contractors shall have any claim for damages or extra
compensation resulting from such work stoppage.
8 932416.3
g. No Delay Claims. Railroad will cooperate with City to the end that the work,
including the design and construction work, may be handled in an efficient manner, but neither
City nor City’s Contractors shall have any claim for damages or extra compensation against
Railroad in the event its work is subjected to delay or disruption on account of work by Railroad
forces or as a result of Railroad operations, maintenance or construction activities, including
without limitation the review of design and construction documents, or as a result of the failure
or inability of Railroad to provide necessary flaggers or inspectors.
6. Oualitv of Work. All work contemplated in this Agreement shall be performed in a
good and workerlike manner in accordance with the plans and specifications to the satisfaction of
the parties, and each portion shall be promptly commenced by the party obligated to do the same
and thereafter diligently prosecuted to completion in its logical order and sequence.
7. Future Railroad Requirements Railroad acknowledges that City has caused the
Structure to be designed to accommodate and will cause the Structure to be constructed in a
manner such that its wails will support dynamic railroad loadings for the entire width of the
operating corridor of the Right of Way, and that Railroad has reviewed the Plans and
Specifications, and confirmed that such design and planned construction will satisfy Railroad’s
requirements for its planned construction of additional tracks over the Structure. Railroad agrees
that it will bear the expense of construction and installation on the Structure walls of such bridge
seats and spans as may be necessary to accommodate such additional tracks as it may elect .to
construct. In the event the JPB determines that despite the design and construction of the
Structure to accommodate its future needs, the expansion or modification of JPB’s facilities in the
rail corridor require relocation and/or modification of the Project, in whole or in part, JPB shall,
9 932416.3
as appropriate, relocate or modify (or both) the Project at the sole cost of JPB. City shall not
unreasonably.withhold, condition or delay its approval of the JPB modifications or changes to the
Project. JPB agrees that in the event an alternative or realigned easement is required as the result
of the relocation, it shall grant to City such alternative or realigned easement of property it thus
owns or controls and to the extent of its rights as required in order to facilitate the relocation
pursuant to a recordable instrument on the same terms and conditions as provided herein if such
property is owned by JPB and available for City’s use. City shall quitclaim its interest in that
portion of the prior easement to JPB concurrently with the grant of the alternative easement, if
any. In the event sufficient JPB-owned property is not available for the relocation of City’s
facilities, City shall, at its sole cost and expense, obtain sufficient property interest to undertake
the relocation. JPB shall have no further obligation to City to provide property for the Project.
8.Maintenance. City assumes all liability and maintenance and expense thereof for
the Structure except those items specifically indicated below to be maintained by Railroad.
Railroad, at its sole expense, shall maintain its tracks, bridge seats, bridge spans, Railroad
drainage, communication and signal systems and all other Railroad facilities.
9.Indemni ,ty.
a.City’s Indemnity. City shall fully release, indemnify, hold harmless and
defend the JPB, the San Mateo County Transit District, the National Railroad Passenger
Corporation ("Amtrak"), the City and County of San Francisco, the Santa Clara Valley
Transportation Authority, Union Pacific Railroad Company, and/or their respective officers,
directors, employees, contractors and agents (collectively, "JPB indemnitees") from and against
all liability, claims, suits, sanctions, costs or expenses for injuries to or death of any person
10 932416.3
(including, but not limited to, the passengers, employees and contractors of Railroad), and
damage to or loss of property (including, but not limited to, property owned, leased, occupied or
used or in the care, custody or control of Railroad), arising out of or resulting from any negligent
act or omission by City, its agents, employees, contractors or subcontractors in the design and
construction of the Structure, in the maintenance of the Structure or in the performance of any
other obligation in this Agreement. The City shall also fully release, indemnify, hold harmless
and defend the JPB indemnitees and each of them against any and all liability, claims, suits,
actions, costs or expenses that may be brought by any contractor or subcontractor performing
work in connection with or related to the Structure. City’s obligation to defend shall include the
payment of all reasonable attorney’s fees and all other costs and expenses of suit, and if any
judgment is rendered against any JPB indemnitee, City shall, at its expense, satisfy and discharge
the same.
b.JPB’s Indemnity. JPB Shall fully release, indemnify, hold harmless and
defend the City and its officers, directors, employees, contractors and agents (collectively, "City
indemnitees") from and against all liability, claims, suits, sanctions, costs or expenses for injuries
to or death of any person (including, but not limited to, the passengers, employees and
contractors of Railroad), and damage to or loss of property (including, but not limited to,
property owned, leased, occupied or used or in the care, custody or control of City), arising out of
or resulting from any negligent act or omission by Railroad, its agents, employees, contractors or
subcontractors in carrying out any relocation of Railroad’s signal lines and other railroad
communication facilities, in the maintenance of Railroad’s tracks, bridge spans and other railroad
facilities crossing over the Structure, or in the performance of any other obligation in this
11 932416.3
Agreement. Provided that the City has paid to JPB all sums billed to City by JPB for such
relocation of Railroad’s signal lines and other railroad communication facilities, the JPB shall
also fully release, indemnify, hold harmless and defend the City indemnitees and each of them
against any and all liability, claims, suits, actions, costs or expenses that may be brought by any
contractor or subcontractor engaged by JPB to perform work in connection with or related to
relocation of Railroad’s signal lines and other railroad communication facilities. JPB’s obligation
to defend shall include the payment of all reasonable attorney’s fees and all other costs and
expenses of suit, and if any judgment is rendered against any City indemnitee, JPB shall, at its
expense, satisfy and discharge the same.
c.It is the intention of the parties that should any term of this indemnity
provision be found to be void or unenforceable, the remainder of the provision shall remain in
full force and effect.
10. Hazardous Materials. Notwithstanding Sections 9.a., b. and c. above, the
provisions of such paragraphs do not apply to liabilities related to Hazardous Materials. No
Hazardous Materials (as defined below) shall be created, stored, used, disposed of, brought to or
handled at any time upon the Property, except Hazardous Materials contained in or used in
connection with construction equipment necessary for the operation of such equipment or vehicle
being used for work which is authorized on the Property under the ROE Permit attached to this
Agreement. In conducting operations on the Property, and in arranging for the handling,
transport and disposal of any materials known (whether or not hazardous), City shall at all times
comply with all applicable laws, statutes, ordinances, rules, regulations or orders of whatever
kind or nature and pay all costs of such compliance. City shall immediately notify Railroad upon
12 932416.3
learning of, or having reason to believe that, a release of Hazardous Material has occurred in, on
or about the Property. The term "release" or "threatened release" when used with respect to
Hazardous Material shall include any actual or imminent spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing in, on,
under or about the Property. City shall fiLrther comply with all laws requiring notice of such
releases or threatened releases to governmental agencies~ and shall take all action necessary to
mitigate the release or minimize the spread of contamination. In the event that City, or its agents
or invitees, cause a release of Hazardous Material, City shall, without cost to Railroad and in
accordance with all laws and regulations, return the Property to the condition immediately prior
to the release. In connection therewith, the responsible party shall afford Railroad a full
opportunity to participate in any discussion with governmental agencies regarding any settlement
agreement, cleanup or abatement agreement, consent decree or other compromise proceeding
involving Hazardous Material.
a.Any Hazardous Materials introduced onto the Property by City, or its
agents, employees, contractors, subcontractors or invitees, shall remain the property of City, its
agents, employees, contractors, subcontractors or invitees, which shall be responsible for
disposing of these materials at no cost to Railroad or any JPB Indemnitee, and shall be obligated
to defend, indemnify and hold JPB indemnitees harmless from any and all liability arising from
it, regardless of whether such liability arises during or after the term of this Agreement. This
indemnity shall not extend to liability arising from the presence of any Hazardous Materials on
the Property, unless (i) such Hazardous Materials were introduced onto the Property by City, its
agents, employees, contractors, subcontractors or invitees, in which case this indemnity shall
13 932416.3
apply, or (ii) Hazardous Materials are present on the Property, and handling, excavation,
relocation, investigation, disposal or other exercise of control over the Property by City, its
agents, employees, contractors, subcontractors or invitees, imposes on the Railroad new or
additional liability, which the Railroad would not otherwise have incurred in the absence of
City’s activities or project. In such event, City shall pay for and defend and indemnify JPB
indemnitees from and against such additional liability to the extent of the increment.
b.Any Hazardous Materials not introduced onto the Property by City, its
agents, employees, contractors, subcontractors or invitees shall remain the property of the
Railroad (or other responsible third parties) and shall not be deemed property of City.
c.For purposes of this Agreement, "Hazardous Material" means material
that, because of its quantity, concentration or physical or chemical characteristics, is at any time
now or hereafter deemed by any federal, state or local governmental authority to pose a present or
potential hazard to public health, welfare or the environment. Hazardous Material includes,
without limitation, any material or substance defined as a "hazardous substance, pollutant or
contaminant" pursuant to the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended (42 U.S.C. Sections 9601 et seq.), the Resource Conservation
and Recovery Act (42 U.S.C. 6901 et seq.) or pursuant to Section 25316 of the California Health
and Safety Code; a "hazardous waste" listed pursuant to Section 25140 of the California Health
and Safety Code; any asbestos and asbestos containing materials whether or not such materials
are part of the Property or are naturally occurring substances on the Property, and any petroleum,
including, without limitation, crude oil or any fraction thereof, natural gas or natural gas liquids.
This indemnity shall survive termination of this Agreement.
14 932416.3
11. .Insurance. Any person, firm or corporation City authorizes to work upon the
Property, including any contractor, shall be. deemed to be City’s agent for purposes of the work.
Prior to entry upon the Property by such agents, City shall provide Railroad with satisfactory
evidence (e.g. in the form of a Certificate of Insurance) that it and its contractors or other agents
who will obtain access to the Property are insured in accordance with the following, which
insurance shall remain in effect throughout the term of the work authorized under this agreement
and shall be at the sole cost and expense of City (or its agents). Prior to the start of the work or
entry onto the Property, City agrees to require its contractor(s) to procure and maintain, at its (or
its contractors’) sole cost and expense (and to prove to Railroad’s reasonable satisfaction that it
remains in effect throughout the life of the Project), the kinds of insurance described below:
a.Workers’ Compensation and Employers’ Liability Insurance. City
(and its contractors) shall at its own cost and expense provide to its employees Workers’
Compensation Coverage as required by Section 1860 of the California Labor Code (Chapter
1000, Statutes of 1965), or any subsequent amendments or successor acts thereto, governing the
liability of employers to their employees.
Workers’ Compensation shall be in accordance with the provisions of
Section 3700 of the California Labor Code (and any amendments thereto or successor acts or
statutes) and City shall furnish the Risk Manager of the JPB with a certificate evidencing such
coverage.
City (and its contractors) shall also maintain Employer’s Liability
coverage with minimum limits ofTen Million Dollars ($10,000,000). The policy shall contain a
waiver of subrogation in favor of Peninsula Corridor Joint Powers Board, the City and County of
15 932416.3
San Francisco, the Santa Clara Valley Transportation Authority, the San Mateo County Transit
District, the Union Pacific Railroad Company, the National Railroad Passenger Corporation
("Amtrak") and their respective directors, officers, employees, agents while acting in such
capacity, and their successors and assignees, as they now, or as they may hereafter be constituted
singly, jointly or severally. Prior to commencing work or entering onto the Property, City shall
file a Certificate(s).of Insurance with the Risk Manager of the JPB evidencing coverage, and
upon request, a certified duplicate original of the policy.
b.Commercial General Liability Insurance. City (and its contractors)
shall, at its own cost and expense, also procure and maintain Commercial General Liability
insurance which shall include, as additional insureds, Peninsula Corridor Joint Powers Board, the
City and County of San Francisco, the Santa Clara Valley Transportation Authority, the San
Mateo County Transit District, the Union Pacific Railroad Company, Amtrak and their respective
directors, officers, employees and agents while acting in such capacity, and their successors or
assignees, as they now, or as they may hereafter be constituted, singly, jointly or severally.
The insurance shall provide bodily injury and property damage coverage
with a combined single limit of at least Ten Million Dollars ($10,000,000). This insurance shall
include but not be limited to premises and operations; contractual liability, personal and
advertising injury; explosion, collapse, and underground coverage, products and completed
operations, and broad form property damage.
Prior to commencing work or entering onto the Property, City shall file a
Certificate(s) of Insurance with the Risk Manager of the JPB evidencing coverage, and upon
request, a certified duplicate original of the policy. Said Policy shall stipulate:
1 6 932416.3
i.Notice of Modification. The insurance company(ies) issuing such
policy(ies) shall give written notice to the Risk Manager of the J-PB of any material alteration, or
reduction in aggregate limits, if such limits apply, and provide at least thirty (30) days’ notice of
cancellation.
ii.Primary Insurance. The policy(ies) is Primary Insurance and the
insurance company(ies) providing such policy(ies) shall be liable thereunder for the full amount
of any loss or claim which City (or its agents) is liable for under this Section, up to and including
the total limit of liability, without right of contribution from any of the insurance effected or
which may be effected by Peninsula Corridor Joint Powers Board, the City and County of San
Francisco, the Santa Clara Valley Transportation Authority, the San Mateo County Transit
District, the Union Pacific Railroad Company, and Amtrak.
iii. The policy(ies) shall also stipulate that inclusion of the Peninsula
Corridor Joint Powers Board, the City and County of San Francisco, the Santa Clara Valley
Transportation Authority, the San Mateo County Transit District, the Union Pacific Railroad
Company, and Amtrak as additional insureds shall not in any way affect their rights either as
respects any claim, demand, suit or judgment made, brought or recovered against City (or its
agents). Said policy shall protect the Peninsula Corridor Joint Powers Board, the City and
County of San Francisco, the Santa Clara Transit District, the San Mateo County Transit District,
the Union Pacific Railroad Company, and Amtrak in the same manner as though a separate
policy had been issued to each, but nothing in said policy shall operate to increase the insurance
company’s liability as set forth in its policy beyond the amount or amounts shown or to which the
insurance company would have been liable if only one interest had been named as an insured.
17 932416.3
The policy shall contain a waiver of subrogation in favor of
Peninsula Corridor Joint Powers Board, the Santa Clara Valley Transportation Authority, the San
Mateo County Transit District, the Union Pacific Railroad Company, Amtrak and their respective
directors, officers, employees, agents while acting in such capacity, and their successors and
assignees, as they now, or as they may hereafter be constituted singly, jointly or severally.
c. Automobile Liability Insurance. City (or its contractors) shall, at its own
cost and expense, procure and maintain Automobile Liability insurance providing bodily injury
and property damage with a combined single limit of at least Ten Million Dollars ($10,000,000)
per occurrence for all owned, non-owned and hired automobiles. This insurance shall provide
contractual liability covering all motor vehicles and mobile equipment to the extent coverage
may be excluded from general liability insurance. Such insurance shall include, as additional
insureds, Peninsula Corridor Joint Powers Board, the City and County of San Francisco, the
Santa Clara Valley Transportation Authority, the San Mateo County Transit District, the Union
Pacific Railroad Company, Amtrak and their respective directors, officers, emplgyees and agents
while acting in such capacity, and their successors or assignees, as they now or as they may
hereafter be constituted, singly, jointly or severally. The policy shall contain a waiver of
subrogation in favor of the Peninsula Corridor Joint Powers Board, the City and County of San
Francisco, the Santa Clara Valley Transportation Authority, the San Mateo County Transit
District, the Union Pacific Railroad Company, Amtrak, and their respective directors, officers,
employees, agents while acting in such capacity, and their successors and assignees, as they now,
or as they may hereafter be constituted singly, jointly or severally. Prior to commencing work or
18 932416.3
entering onto the Property, City shall file a Certificate(s) of Insurance with the Risk Manager of
the JPB evidencing coverage, and upon request, a certified duplicate original of the policy.
d. Railroad’s Protective Liability Insurance. City (or its contractors) shall
provide, with respect to the operations it or any of its contractors perform above or below the
railroad tracks or within fifty (50) feet horizontally of the railroad tracks, Railroad’s Protective
Liability Insurance written on the ISO/RIMA form, or its equivalent, with pollution coverage for
job site fuels and lubricants. The named insureds shall be Peninsula Corridor Joint Powers
Board, the City and County of San Francisco, the Santa Clara Valley Transportation Authority,
the San Mateo County Transit District, the Union Pacific Railroad Company, Amtrak and shall
cover all other railroads operating on the right-of’way. Inclusion of these named insureds as
insureds shall not in any way affect City’s rights against any of the named insureds respecting
any claim, demand, suit or judgment made, brought or recovered against any one of the named
insureds for matters related to Hazardous Materials covered by the aforementioned insurance.
The policy shall have limits of liability of not less than Ten Million Dollars ($10,000,000) per
occurrence andaggregate, for Coverages A and B, for losses arising out of injury to or death of
all persons, and for physical loss or damage to or destruction of property, including the loss of
use thereof. Prior to commencing work or entering onto the Property, City shall file the original
of the policy for Railroad Protective Liability with the Risk Manager of the JPB. This policy is
to be kept in effect until the entire Project is completed. If the Ten Million Dollar ($10,000,000)
limit is diminished at any time during the Project, City will be obligated to restore the Railroad
protective liability insurance limit to the full Ten Million Dollars ($10,000,000).
19 932416.3
e. Property Insurance. City (or its contractor(s)) shall, at its own cost and
expense, provide property insurance sufficient to protect its interest in the equipment to be used
in performance of this agreement and the Railroad’s interest in materials or property to be
installed, covering all risks of physical loss or damage to such equipment. The coverage under
such policy shall have limits of liability adequate to protect the value of the equipment and
property to be installed. If desired, City may choose to self-insure this exposure, but in no
instance shall the Railroad be responsible for such loss or damage. The policy shall contain a
waiver of subrogation in favor of the Peninsula Corridor Joint Powers Board, the City and
County of San Francisco, the Santa Clara Valley Transportation Authority, the San Mateo
County Transit District, the Union Pacific Railroad Company, Amtrak and their respective
directors, officers, employees, agents while acting in such capacity, and their successors and
assignees, as they now, or as they may hereafter be constituted singly, jointly or severally. If
City’s property is self-insured, City hereby agrees to waive subrogation in favor of the Peninsula
Corridor Joint Powers Board, the Santa Clara Valley Transportation Authority, the San Mateo
County Transit District, the Union Pacific Railroad Company, and Amtrak, and their respective
directors, officers, employees, agents while acting in such capacity, and their successors and
assignees, a~ they now, or as they may hereafter be constituted singly, jointly or severally.
f. General Insurance Provisions. All policies will be issued by insurers
acceptable to the Railroad. Upon evidence of financial capacity satisfactory to Railroad, City’s
obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance.
All insurance specified above shall remain in force until all work to be performed is satisfactorily
completed, all of City’s personnel and equipment have been removed from the railroad property,
20 932416.3
and the work has been formally accepted. The failure to procure or maintain required insurance
and/or an adequately funded self-insurance program will constitute a material breach of this
agreement.
In addition to the requirements described above, any additional
coverages required by the United States Department of Transportation, the Environmental
Protection Agency and/or related state and local laws, rules and regulations shall be complied
with. The contractor and/or subcontractor shall obtain all permits, licenses and other forms or
documentation which are required and forward them with the required evidence of insurance to
the JPB.
In the event it is necessary to dispose of hazardous materials, City
shall designate the disposal site, and must provide a certificate of insurance from the disposal
facility to JPB. City may satisfy this insurance requirement by requiring its contractor(s) to name
it as an additional insured on the contractor’s policy(ies). Coverage must include Environmental
Impairment Liability Insurance with limits of not less than Three Million’Dollars ($3~000,000)
per occurrence and Six Million Dollars ($6,000,000) annual aggregate, including pollution
coverage.
All insurance specified above shall remain in force until all work to
be performed is satisfactorily completed, all of contractor’s personnel and equipment have been
removed from Railroad’s property, and the work has been formally accepted.
Any contractor of City shall furnish to Railroad the original of the
policy for Railroad Protective Liability Insurance and a Certificate of Insurance or, upon request,
21 932416.3
a certified copy of the policy for all other specified coverages prior to commencing work. All
policies and certificates required hereunder shall provide for thirty (30) days’ written notice to
Railroad of cancellation or reduction in limits. The certificate and policies shall also evidence
any specific requirements of coverage as set forth in this Section.
If any incident, loss or claim arises as a result of or related to work
performed by any contractor hereunder, that contractor shall immediately report the incident, loss
or claim in writing to Railroad and Amtrak.
g. Claims Made Coverage. If any insurance specified above shall be provided
on a claim-made basis, then in addition to coverage requirements above, such policy shall
provide that City will make every effort to maintain similar insurance for at least three (3) years
following project completion, including the requirement of adding all additional insureds. Policy
retroactive date coincides with or precedes the contractor’s start of work (including subsequent
policies purchased as renewals or replacements). If insurance is terminated for any reason, City
agrees to purchase an extended reporting provision of at least two years to report claims arising
from work performed in connection with this Agreement or Permit. The claims made policy
shall allow for reporting of circumstances or incidents that might give rise to future claims.
The failure to procure or maintain insurance and/or an adequately
funded self-insurance program will constitute a material breach of the Agreement.
h. Performance Bond. City shall require its Contractors to maintain a
performance bond or bonds covering the work for the Structure in the full amount of the
Contractor’s contract price. Each bond shall name City as a beneficiary thereon. The bond shall
22 932416.3
be maintained in full force and effect during the entire period that work is performed by the
Contractor until such work is accepted by City. With respect to Railroad facilities, City shall not
accept the work related to such facilities for purposes of this Section until it has received notice
from JPB that such work is acceptable.
12. Construction on Railroad Property. In the event any of the work for Structure
is undertaken on or adjacent to property of the Railroad, and advertised for bid by the City, the
awarded contract shall include the provisions set forth in Relations with Railroad Company,
which is attached as Exhibit F to this Agreement and incorporated herein by this reference. City
shall assure that said work shall not commence, and City’s contractor shall not enter onto the
Railroad’s Right of Way for any purpose, until:
a.Contractor has signed the Right of Entry Permit Agreement (Contractor’s
ROE") attached to this Agreement as Exhibit E; and
b.City has furnished to Railroad’s authorized engineer a copy of
Contractor’s ROE executed by contractor and a certificate of insurance evidencing the
procurement of the insurance required in Contractor’s ROE; and
c.The Risk Manager of the JPB has advised City in writing that the limits,
form, and wording of said insurance certificate are satisfactory to Railroad.
The City and its contractor(s) shall give ten (10) working days’ notice to
Railroad’s authorized engineer before commencing any work in connection with said Structure
upon or adjacent to Railroad’s Right of Way, and shall observe Railroad’s rules and regulations
with respect thereto, including those stated in the City’s and Contractor’s ROE. Any and all of
23 932416.3
the work to be undertaken byCity pursuant to this Agreement shall be subject to Railroad’s
review and approval, and the instructions of the representatives of Railroad or the operator of
Railroad’s commuter rail service. All work shall be done in conformance with the provisions of
the JPB’s Operating System Interface and, except as may be authorized by the Railroad, at such
times and in such manner as not to interfere with or endanger the operations of Railroad.
13. Notices. All notices, payments, requests, demands and other communications to
be made or given under this Agreement shall be in writing and shall be deemed to have b~en duly
given on the date of service if served personally or on the second day after mailing if mailed to
the party to whom notice is to be given by first class mail, registered or certified, postage prepaid
and properly addressed as follows:
CITY:City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94303
Attn.: Director of Public Works
JPB:Peninsula Corridor Joint Powers Board
1250 San Carlos Avenue
San Carlos, CA 94070
Attn: Executive Director
14. Governing Law. This Agreement shall be interpreted, construed and enforced in
accordance with the laws of the State ofCalifornia as applied to contracts that are made and
performed entirely in California.
15. Successors. This Agreement shall be binding upon and shall inure to the benefit
of the respective successors and assigns of the parties hereto.
16. Amendments. This Agreement may be amended only in a writing that is
executed byall the parties hereto.
24 932416.3
17. . Entire Agreement. This Agreement constitutes the entire agreement of the
parties with respect to its subject matter and supersedes any prior or contemporaneous oral or
written understandings on the same subject. The parties intend this Agreement to be an
integrated agreement.
18. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original but all of which together shall constitute a single Agreement.
IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date first written above with the intent to be intentionally bound.
PENINSULA CORRIDOR JOINT POWERS BOARD
By:
Michael J. Scanlon
Executive Director
Approved as to Form
Recommended for Approval:
Darrell Maxey
David J. Miller, Esq.Stephen Chao
CITY OF PALO ALTO
By:
Director of Public Works
By:
Approved as to Form
City Attomey
25 932416.3
EXHIBIT A
MAP OF PROPERTY
27 932416.3
0o
0m
/
/
/
/
Z
0
Oz
l.UO
EXHIBIT B
CITY’S RIGHT OF ENTRY PERMIT
28 932416.3
Agreement #
RIGHT OF ENTRY PERMIT AGREEMENT
(Santa Clara County)
This Right of Entry Permit Agreement ("Agreement" or "Permit") is entered into as of
("Effective Date"), by and between the PENINSULA CORRIDOR
JOINT POWER~ BOARD, a public agency ("JPB"), referred to herein as "Railroad," or
"Permitor" and The City of Palo Alto ("Permittee").
RECITALS:
A. Railroad is the owner of the peninsula corridor right-of-way ("Right-of-Way"),
and specifically that certain real property which is located in the County of Santa Clara, State of
California, in.the vicinity ofMP ~, as depicted on Exhibit A which is attached to this
Agreement and incorporated into it by this reference (the "Property"). The National Railroad
Passenger Corporation ("Operator"), under Agreement with Railroad, operates the Peninsula
Commute Service on the Right-of-Way, and oversees maintenance of the Right-of-Way,
including the Property,
B. Permittee desires access to the Property for the purpose of Constructing a
pedestrian undercrossing and accomplishing all incidents necessary thereto ("Work") upon
Railroad’s property.
C. Permittee desires to obtain a right of entry permit from Railroad that will permit
Permittee to enter onto and work on Railroad’s Property in connection with the Work.
D. Railroad is willing to grant the Permit to Permittee on the terms and conditions
hereinafter set forth for the purposes of performing said Work.
FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged, the parties
agree as follows:
1. Grant of Permit. Subject to the conditions, covenants and restrictions of this
Agreement, Railroad grants to Permittee a personal, revocable right of entry permit for the
purposes of performing the Work on the Property together with necessary rights of ingress and
egress over the Property for these purposes in the location described in the print of the drawing
attached and incorporated as Exhibit B.
2. No Permanent Improvements Allowed. Permittee shall not construct any
permanent improvements on the Property unless Permittee has entered into a separate agreement
with Railroad allowing such improvements.
3.Permit Fee. Permittee shall pay the permit fee of $0.
923795.2
Agreement #
4. Service Agreement. As a condition precedent to the effectiveness of this
Agreement, Permittee shall enter into a Service Agreement. with Railroad which shall provide for
payment by Permittee for services provided by Railroad necessary for the Permittee to conduct
the Work.
5. Condition to Effectiveness. As a condition precedent to the effectiveness of this
Agreement, Permittee shall have paid the permit fee indicated in Section 3 above, made any
deposit indicated in Section 4, above and provided to Railroad insurance certificates that certify
that Permit-tee has the kinds of insurance described in Exhibit C-2, attached hereto and by this
reference made a part hereof.
6. Work Procedures. All Work performed by Permittee shall be performed in
accordance with the Railroad’s Operating Systems Interface, Exhibit C and the Work Procedures
described in Exhibit C- 1, both of which are attached hereto and by this reference made a part
hereof. "
7. Nonexclusiveness of Permit. This permit is nonexclusive and nonpossessory.
Permittee must allow access to the Property by other parties possessing prior rights, unless
separate arrangements are made with such parties.
8. Prior Rights. This Permit is made subject and subordinate to the prior and
continuing right and obligation of Railroad, its successors and assigns, to use the Right-of-Way
in the performance of its transportation operations. There is reserved unto Railroad, its
successors and assigns, the right to construct, reconstruct, maintain and use existing and future
facilities and appurtenances, including, Without limitation, existing and future transportation,
communication, railroad tracks and pipeline facilities and appurtenances in, upon, over, under,
across and along the Right-of-Way.
This grant is made subject to all licenses, leases, easements, restrictions,
conditions, covenants, encumbrances, liens and claims of title that may affect the Right-of-Way.
The word "grant" shall not be construed as a covenant against the existence of any of these or
establish any ownership interest in the Right-of-Way.
9. Term of Permit. The term of this Permit shall commence upon the startof the
Work upon the Property and shall continue until the Work is completed or this Permit is
terminated or suspended as set forth herein:
(a) Either party may terminate this Agreement without cause by giving thirty (30)
calendar days’ written notice.
(b) Railroad may immediately terminate the Permit by notice to Permittee upon
Permittee’s discontinuance of the Work for one continuous year or the abandonment of any
facilities installed on the Property.
(c) Railroad may immediately suspend the Permit by notice to Permittee if
Permittee defaults with respect to any covenant or condition of this Agreement; Railroad may
immediately terminate this Permit by notice to Permittee if Permittee fails to correct the default
923795.2
Agreement #
within thirty (30) days after receipt of notice from Railroad to do so.’
(d) Railroad may immediately terminate or suspend this Permit by notice to
Permittee upon any failure of Permittee (or Agency) to reimburse Railroad for any amount owing
as and when due as provided any agreement with Railroad.
(e) The Permit shall lapse and become void if Work is not commenced within one
year of the date of this Agreement.
Upon suspension of the Permit, Permittee shall immediately vacate the Property
and refrain from entering onto it until the Permit is reinstated in writing by Railroad. Upon
termination of the Permit for any reason established in this Section 9, Railroad may, at its sole
election, at any time thereafter either complete the Work or remove the improvements placed on
the Property or any portion thereof and restore the Property to its original condition, at
Permittee’s sole cost and expense. Permittee acknowledges and agrees that the performance of
the Work or the installation of any improvements on the Property pursuant to this Agreement
shall not in any way whatsoever limit Railroad’s fight to terminate this Permit pursuant to the
terms hereof or any of Railroad’s fights hereunder. Permittee’s indemnity obligations set forth in
Sections 11, 12 and 13 shall survive termination of this Permit for any reason.
10. Fiber Optics Systems. The rights granted by this Agreement are subject to the
rights of Railroad (or anyone acting with the permission of Railroad) to construct, reconstruct,
maintain and operate fiber optic and other telecommunications systems ("Systems") in, upon,
along, across and beneath the Right-of-Way, including the Property upon which the Work shall
be conducted.
Permittee agrees to reimburse Railroad and/or the owner of the Systems for all
expenses which would not have been incurred except by reason of the use of the Property by
Permittee, its agents, employees or invitees, including relocation costs or any. damages incurred
by such owner due to injury to the Systems.
11. Assumption of Risk/Waiver of Claims. Permittee shall assume all risk of damage
to any and all improvements constructed as part of the Work and appurtenances and to any other
property of Permit-tee, or any property under the control or custody of Permittee while upon or
near the Property of Railroad incident to the performance of the Work, caused by or contributed
to in any way by the construction, operation, maintenance or presence of Railroad’s operations at
the Property and Railroad shall not be liable therefor.
(a) Neither Railroad nor any of its directors, officers, agents or employees shall
be liable for any damage to the property of Permittee, its officers, agents, employees, contractors
or subcontractors, or their employees, or for any bodily injury or death to such persons, resulting
or arising from the condition of the Property or its use by Permittee.
(b) Permittee acknowledges that this Permit is freely revocable by Railroad and in
view of such fact, Permittee expressly assumes the risk of making any expenditures in
connection with this Permit, even if such expenditures are substantial. Without limiting any
indemnification obligations of Permittee or other waivers contained in this Permit and as a
923795.2
Agreement #
. material part of the consideration for this Permit, Permittee fully RELEASES, WAIVES AND
DISCHARGES forever any and all claims, demands, rights, and causes of action against, and
covenants not to sue, Indemnitees (as defined in Section 12 below) under any present or future
laws, statutes, or regulations, including, but not limited to, any claim for inverse condemnation
or the payment of just compensation under law or equity, in the event that Railroad exercises its
fight to revoke or terminate this Permit.
(c) Permittee acknowledges that it will not be a displaced person at the time this
Permit is terminated Or revoked or expires by its own terms, and Permittee fully RELEASES,
WAIVES AND DISCHARGES forever any and all claims, demands, rights, and causes of action
against, and covenants not to sue, Indemnitees under any present or future laws, statutes, or
regulations, including, without limitation, any and all claims for relocation benefits or assistance
from Railroad under federal and state relocation assistance laws.
(d) Permittee expressly acknowledges and agrees that the fees payable hereunder
do not take into account any potential liability of Railroad for any consequential or incidental
damages including, but not limited to, lost profits and arising out of disruption to the facilities or
Permittee’s uses hereunder. Railroad would not be willing to give this Permit in the absence of a
waiver of liability for consequential or incidental damages due to the acts or omissions of
Railroad or its Agents, and Permittee expressly assumes the risk with respect thereto.
Accordingly, without limiting any indemnification obligations of Permittee or other waivers
contained in this Permit and as a material part of the consideration for this Permit,’ Permittee
fully RELEASES, WAIVES AND DISCHARGES forever any and all claims, demands, rights,
and causes of action against for consequential and incidental damages (including without
limitation, lost profits and covenants not to sue Indemnitees for such damages arising out of this
Permit or the uses authorized hereunder, including, without limitation, any interference with uses
conducted by Permittee pursuant to this Permit, regardless of the cause, and whether or not due
to the negligence of Railroad Indemnitees, except for the gross negligence and willful
misconduct of Railroad.
(e) As part of Permittee’s agreement to accept the Permit Area in its existing
condition, and without limiting such agreement, Permittee on behalf of itself and its successors
and assigns, waives its right to recover from, and forever releases and discharges, Railroad
Indemnitees, and their respective heirs, successors, administrators, personal representatives and
assigns, from any and all Claims, whether direct or indirect, known or unknown, foreseen and
unforeseen, that may arise on account of or in any way be connected with the physical or ’
environmental condition of the Property and any related improvements or any law or regulation
applicable thereto or the suitability of the Permit Area for Permittee’s intended use.
(f) Permittee hereby releases Railroad from any liability, including any claims for
damages or extra compensation (i) arising from construction delays due to work by Railroad
forces or Railroad operations, (ii) as the result of the failure or inability of Railroad to provide
necessary flaggers or inspectors, (iii) due to the presence of Hazardous Materials on the Property,
(iv) any failure by Railroad to investigate or identify the presence of such materials, (v) for work
done by Railroad forces, or (vi) for Railroad operations.
(g) In connection with the foregoing releases, Permittee acknowledges that it is
4
923795.2
Agreement #
familiar with Section 1542 of the California Civil Code, which reads:
A general release does not extend to claims
that the creditor does not know or suspect to exist in his favor at
the time of executing the release, which if known by him must
have materially affected his settlement with the debtor.
Permittee acknowledges that the releases contained herein include all known and
unknown, disclosed and undisclosed, and anticipated and unanticipated claims. Permit-tee
realizes and acknowledges that it has agreed upon this Permit in light of this realization and,
being fully aware of this situation, it nevertheless intends to waive the benefit of Civil Code
Section 1542, or any statute or other similar law now or later in effect. The releases contained
herein shall survive any termination of this Permit.
12. Indemnity. Permittee shall release, defend (with counsel reasonably satisfactory.
to Railroad) and indemnify the Peninsula Corridor Joint Powers Board, the City and County of
San Francisco, the Santa Clara Valley Transportation Authority.and the San Mateo County
Transit District, the Union Pacific Railroad Company and the National Railroad Passenger
Corporation, and all of their respective officers, directors, employees, volunteers and agents, the
successors and assigns of any of them, (all of the above hereinafter collectively known as
"Indemnitees"), from and against all claims, causes of action, proceedings, losses, damages,
liability, cost, and expense (including, Without limit, any fines, penalties, judgments, litigation.
costs, attomeys’ fees and consulting, engineering and construction costs) for damage to natural
resources or other loss of or damage to property and for injuries to or death of any person
(including, but not limited to, the property and employees of each party) ("Liability") when
arising or resulting from the use of the Property or performance of the Work by Permittee, its
agents, employees, contractors, subcontractors, or invitees or Permittee’s breach of the
provisions of this Agreement. The duty of Permittee to indemnify and save harmless includes
the duties to defend as set forth in Section 2778 of the Civil Code. It is the express intent of the
parties that Permittee will indemnify and hold harmless Indemnitees from any and all claims,
suits or actions arising from any cause whatsoever as set forth above regardless of the existence
or degree of fault or negligence on the part of Indemnitees, Permittee, or any subcontractor or
employee of any of these, except to the extent the Liability was attributable to the gross
negligence, willful misconduct or criminal acts of a particular Indemnitee, it being understood
and agreed that any Indemnitee not acting in such a manner shall still be entitled to the benefits
of this indemnity. Permittee waives any and all rights to any type of express or.implied
.indemnity against Indemnitees. This indemnity shall survive termination of this Agreement. It
is the intention of the parties that should any term of this indemnity provision be found to be void
or unenforceable, the remainder of the provision shall remain in full force and effect:
13. Hazardous Materials. No Hazardous Materials (as defined below) shall be
created, stored, used, disposed of, brought to or handled at any time upon the Property, except
Hazardous Materials contained in or used in connection with construction equipment necessary
for the operation of such equipment or vehicle being used for work which is authorized on the
Property under this Permit. In conducting its operations on the Property, and in arranging for the
handling, transport and disposal of any materials known (whether or not hazardous), Permittee
92379512
Agreement #
shall at all times comply with all applicable laws, statutes, ordinances, rules, regulations or
orders of whatever kind or nature and pay all costs of such compliance. Permit-tee shall
immediately notify Railroad when Permittee learns of, or has reason to believe that, a release of
Hazardous Material has occurred in, on or about the Property. The term "release" or "threatened
release" when used with respect to Hazardous Material shall include any actual or imminent
spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping,
leaching, dumping, or disposing in, on, under or about the Property. Permittee shall further
comply with all laws requiring notice of such releases or threatened releases to governmental
agencies, and shall take all action necessary to mitigate the release or minimize the spread of
contamination. In the event that a Permittee or its Agents or Invitees cause a release of
Hazardous Material, Permittee shall, without cost to Railroad and in accordance with all laws
and regulations, return the Property to the condition immediately prior to the release. In
connection therewith, Permittee shall afford Railroad a full opportunity to participate in any
discussion with governmental agencies regarding any settlement agreement, cleanup or ’
abatement agreement, consent decree or other compromise proceeding involving Hazardous
Material.
Any Hazardous Materials introduced onto the Property by Permit-tee, its agents,
employees, contractors, subcontractors or invitees, shall remainthe property of Permittee, its
agents, employees, contractors, subcontractors or invitees, which shall be responsible for
disposing of these materials at no cost to Railroad or any Indemnitee, and Permittee shall be
obligated to defend, indemnify and hold Indemnitees harmless from any and all Liability arising
from it, regardless of whether such Liability arises during or after the term of this Permit. This
indemnity shall not extend to Liability arising from the presence of any Hazardous Materials on
the Property, unless (i) such Hazardous Materials were introduced onto the Property by
Permittee, its agents, employees, contractors, subcontractors or invitees, in which case this
indemnity shall apply, or (ii) Hazardous Materials are present on the Property, and Permittee’s
han~dling, excavation, relocation, investigation, disposal or other exercise of control over the
Property imposes on the Railroad new or additional liability, which the Railroad would not
otherwise have incurred in the absence of Permittee’s activities or project. (In such event,
Permittee shall pay for and defend and indemnify Indemnitees from and against such additional
liability to the extent it exceeds that liability which the Railroad would have incurred in the
absence of Permittee’s activities or project.)
Any Hazardous Materials not introduced onto the Property by Permittee, its
agents, employees, contractors, subcontractors or invitees shall remain the property of the
Railroad (or other responsible third parties) and shall not be deemed property of Permittee.
For purposes of this Agreement, "Hazardous Material" means material that,
because of its quantity, concentration or physical or chemical characteristics, is at any time now
or hereafter deemed by any federal, state or local governmental authority to pose a present or
potential hazard to public health, welfare or the environment. Hazardous Material includes,
without limitation, any material or substance defined as a "hazardous substance, pollutant or
contaminant" pursuant to the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended (42 U.S.C. Sections 9601 et seq.), the Resource Conservation
and Recovery Act (42 U.S.C. 6901 et seq.) or pursuant to Section 25316 of the California Health
and Safety Code; a "hazardous waste" listed pursuant to Section 25140 of the California Health
6
923795.2
Agreement #
and Safety Code; any asbestos and asbestos containing materials whether or not such materials
are part of the Property or are naturally occurring substances on the Property, and any petroleum,
including, without limitation, crude oil or any fraction thereof, natural gas or natural gas liquids.
This indemnity shall survive termination of this Agreement. It is the intention of the parties that
should any term of this indemnity provision be found to be void or unenforceable, the remainder
of the provision shall remain in full force and effect.
14. Compliance with Laws. Permittee shall comply, at Permittee’s expense, with all
applicable laws, regulations, rules and orders with respect to the use of the property, regardless
of when they become or became effective, including, without limitation, those relating to
construction, grading, signage, health, safety, noise, environmental protection, hazardous
materials, waste disposal and water and air quality, and furnish satisfactory evidence of such
compliance upon request of Railroad. Before beginning work on the Property, Permittee shall
also obtain, at Permittee’s expense, any and all permits, licenses and approvals required for
construction and operation of the Work and shall provide Railroad with copies of such approvals.
Under no circumstances shall Permittee damage, harm or take any rare, threatened or endangered
species on or about the Property.
15. Notices. All notices required or permitted to be given under this Agreement shall
be in writing and mailed postage prepaid by certified or registered mail, retum receipt requested,
or by personal delivery or by overnight courier, to the appropriate address indicated below or at
such other place or places as either Railroad or Permittee may, from time to time, respectively,
designate in a written notice given to the other. Notices shall be deemed sufficiently served four
(4) days after the date of mailing or upon personal delivery.
To Permittee:
To Railroad:
With a copy to:
To Amtrak:
Peninsula Corridor Joint Powers Board
c/o San Mateo County Transit District
1250 San Carlos Avenue
P.O. Box 3006
San Carlos, CA 94070-1306
Attn: General Manager/Executive Director
Hanson, Bridgett, Marcus, Vlahos & Rudy
333 Market Street, Suite 2300
San Francisco, CA 94105-2173
Attn: David J. Miller, Esq.
National Railroad Passenger Corp.
510 W. San Fernando Street
San Jose, CA 95110
Attn: General Manager
7
923795.2
Agreement #
Day-to-day communications shall be directed to JPB’s Chief Engineer (Tel: (650) 508-
7922; Fax: (650) 508-7938) and to Permittee’s (Tel:
; Fax:).
16. Relocation of Permit. In the event Railroad shall at any time so require,
Permittee, at Permittee’s expense, shall reconstruct, alter, make changes in the location of its
facilities on the Property, within 30 calendar days of receipt of written notice from Railroad so to
do or such longer period as approved by Railroad. The Railroad shall designate the location for
the Permittee to relocate its permit, if on property owned by Railroad. Any necessary property
interests shall be obtained at Permittee’s sole cost and expense.
Permittee shall perform the work in a manner and at times satisfactory to Railroad. If
Permittee fails to perform such work, Railroad may perform the work at the expense of
Permittee, which expense shall, upon demand, be paid by the Permittee. The provisions of this
Agreement shall apply to all work Permittee performs under this section.
17. Successors and Assigns. Permittee shall not assign nor sublet, in whole or in part,
any rights covered by this Agreement, or permit any other person, firm or corporation to use, in
whole or in part, any of the rights or privileges granted pursuant to this Agreement, without first
obtaining the written consent of the Railroad.
18. No Waiver. No waiver of any default or breach of any covenant of this
Agreement by either party shall be implied from any omission by either party to take action on
account of such default if such default persists or is repeated, and no express waiver shall affect
any default other than the default specified in the waiver, and then the waiver shall be operative
only for the time and to the extent stated. Waivers of any covenant, term or condition by either
party shall not be construed as a waiver of any subsequent breach of the .same covenant, term or
condition. The consent or approval by either party to or of any act by either party requiring
further consent or approval shall not be deemed to waive or render unnecessary their consent or
approval to or of any subsequent similar acts.
19. Severability. Each provision of this Agreement is intended to be severable. If
any term of provision shall be determined by a court of competent jurisdiction to be illegal or
invalid for any reason whatsoever, such provision shall be severed from this Agreement and shall
not affect the validity of the remainder of this Agreement.
20. Attorneys’ Fees. If any legal proceeding should be instituted by either of the
parties to enforce the terms of this Agreement or to determine the rights of the parties under this
Agreement, the prevailing party in the proceeding shall receive, in addition to all court costs,
reasonable attorneys’ fees.
21. Condemnation. In the event all Or any portion of the Property is condemned for
public use, Permittee shall receive compensation only in the amount awarded for the taking and
damaging of Permittee’s facilities related to the Work. Any compensation for damages for
taking the Property or Permittee’s permit interest thereon awarded to Permittee shall be assigned
to Railroad.
8
923795.2
Agreement #
22. Governing Law.. The rights and obligations of the parties under this Agreement
shall be interpreted in accordance with the laws of the State of California as applied to contracts
that are made and performed entirely in California.
23. Effect of Headings. The headings of the paragraphs of this Agreement are
included for purposes of convenience only, and shall not affect the construction or interpretation
of any of its provisions
24. Integration. This Agreement constitutes the complete expression of the
agreement between the parties and supersedes any prior agreements, whether written or oral,
concerning the subject of this Agreement, which are not fully expressed in this Agreement. The
parties intend this Agreement to be an integrated agreement. Any modification of or addition to
this Agreement must be in writing signed by both parties.
25. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original but both of which shall constitute one and the same agreement.
IN WITNESS WHEREOF, the parties have executed this Permit as of the day and year
first above written by their duly authorized representatives.
PENINSULA CORRIDOR JOINT
POWERS BOARD
PERMITTEE
By:*By:
Title: Executive Director Title:
APPROVED AS TO FORM:*By:
Title:
Attorney
RECOMMENDED FOR APPROVAL:
Real Estate Officer
Real Estate Department Manager
* NOTE: IfPermittee is a corporation, this
Agreement must be executed by two corporate
officers, consisting of: (1) the President, Vice
President or Chair of the Board, and (2) the
Secretary, Assistant Secretary, Chief Financial
Officer, Assistant Chief Financial Officer, or
by any person authorized by the corporation to
execute written contracts.
9
923795.2
Agreement #
APPROVED AS TO FORM:
Attorney
10
923795.2
EXHIBIT C
PERMANENT EASEMENT
29 932416.3
LEGAL DESCRIPTION
FOR: UNDERCROSSI~G EASEMENT
APRIL 09, 2002
Page 1 of 5
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF PALO ALTO, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
A PORTION OF TI~ FORMER SAN FRANCISCO AND SAN IOSE RA!LROAD COMPANY RIGHT
OF WAY 60.00 FEET IN WIDTH VARIOUSLY DESCRIBED ON PAGES "A-I", "A-2", "A-3", "A-4"
AND "A-6" OF "EXI-]IBIT A" ATTACHED TO TI-IE GRANT DEED RECORDED DECEMBER 27,
1991 IN BOOK L984, PAGE 0854, OFFICIAL RECORDS, AND A PORTION OF THE FOLLOWING
PARCELS:
THE PARCEL OF LAND DESCRI]3ED IN THE DEED RECORDED JANUARY 4, 1902 IN BOOK 246
¯ OF DEEDS PAGE 400, SANTA CLARA COUNT~ RECORDS, AND
THE PARCEL OF.LAND DESCRIBED IN TI-IE DEED RECORDED DECEMBEK 2 I, 1939 IN BOOK
961, PAGE 380, OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMNIENCING AT AN ANGLE POINT INTH]~ NORTI-IEASTERL~ BOUNDARY OF LOT I, AT
THE SO~TERLY TER_M]]qUS OF THE COURSE OF SOUTI-154°41 ’42".EAST, 417.85 FEET,
,AS SHOWN ON THE MAP OF TRACT NO. 8985 FILED MAY I I, 1999 IN BOOK 715 OF MAPS AT
PAGES. 27-3 I, SANTA CLARA COUNTY RECORDS, SAID POINT OF COMIv[ENCEMENT ALSO
BEING ON ~ SOUTHWESTERLY RIGHT OF WAY LINE DESCRIBED IN THE GRANT DEED
TO THE PENNINSULA CORRIDOR IOINT POWERS BOARD RECORDED DECEMBER 27, 1991 IN
BOOK L 984, PAGE 0854, OFFICIAL RECORDS;
THENCE ALONG SAID NORTHEASTERLYLINE OF SAID LOT 1 AND SAID SOUTHWESTERLY
RIGHT OF WAY LINE NORTH 54944’39" WEST (SHOWN AS $54°41’42"E ON SAID MAP), A
DISTANCE OF 4.96 FEET TO THE TRUE POINT OF BEGINNING;
TI-[ENCE FROM SAID TRUE POINT OF BEG]IN-NING CONTINUING AL’ONG SAID
NORTHEASTERLY LINE OF SAID LOT l AND SAID SOUTHWESTERLy.RIGHT OF WAY LINE
NORTH 54°44’39" WEST, 260.94 FEET; "
T~NCE LEAVING SAID SOUTHWESTE~Ly RIGHT OF WAY LINE THE FOLLOWING FIVE (5)
COURSES:
NORTH 77°07’09’’ EAST, 46.92 FEET;
SOUTH 53°36’21" EAST, 31.58 FEET;
NORTH 52°15’10" EAST, 64.11 FEET;
NORTH 53°36’21" WEST, 10.07 FEET;
NORTH 36023’39’’ EAST, 28.16 FEET TO ~ NORTHEASTERLy RIGHT OF WAY LINE
OF SAID PENNINSULA CORRIDOR JO!NT POWERS BOARD AS DESCRIBED IN SAID DEED
RECORDED DECEMBER 27, 1991 INBOOK L 984, PAGE 0854, OFFICIAL RECORDS;
THENCE ALONG SA!D NORTHEASTERLY RIGHT OF WAY LINE SOUTH 50°42’0Y’ EAST, 150.04
FEET;
THENCE LEAVING SAID NORTHEASTERLy RIGHT OF WAY LINE TFIE FOLLOWING FIVE (5)
COURSES:
SOUT~ 36°23’39" WEST, 20.55 FEET;
N:kSj0781\GenkDocskLegal desciLegal Desc_.parc,~ll.doc
APRIL 09, 2002
Page 2 of 3
NORTH 53°36’21’’ WEST, 11.19 FEET;
SOUTH 52°15’ 10" WEST, 64.11 FEET; .
. SOIYrH 53°36’21’’ EAST, 23.93 FEET;
SOUTH 20°16’01’’ EAST, 55.27 FEET TO SAID SoIIrHWESTERLYRIGHT OF WAY LINE
AND TEE TRUE POINT OF BEGINNING.
¯ CONTAINING 18,934 SQUARE FEET, MORE OR LESS.
NOTE: THE BEARING NORTH 54044’39" WEST ALONG THE NORTI-IESTERLY LINE OF LOT 1,
SHOWN AS ($54°41’42"E) ON SAID MAP OF TRACT NO. 8985 RECORDED MAY I 1, 1999 IN
B OOK "115 OF MAP S, AT PAGES 27-31, SANTA CLARA COUNTY RECORD 8, WAS TAKEN AS
THE BASIS OF BEARINGS FOR THIS DESCRIPTION.
DESCRIPTION CHECKED BY:
6314
EXPIRATION DATE: .12-31-2002
N:~Sj0781\GenkDoeskLegal desekLegal Dese._.pareell.doe
rl~E: 7:3g a.m.DATE: 06/1.’0/02 PATH: N:\Z~O781\CADD\Uapplng\
~ERVF_.R: SJSI’SERVI~: SURVI~Y DRA~NG NAME: LEGAL_DESC..PARCEL1.DWG
_~REFS: w-pile, Iomn, ex~naI LD4\
.\/
/
UNDERCROSSING "
AREA=±18,936 SQ.FT.
LINE TABLE
NO. LENGTH (FT.)BEARING
L1 4.g6’N54.’44.’3g"w
1_2 10.07’N53"36’2~I"W
L3 20.55’S36’23’3g"w
L4-11.19’N53’36’21"W
i/ / /1 UNDERCROSSING EASEMENT
TRUE POINT OF BEGINNING
POINT OF COMMENCEMENT
T.PLO.B.
P.O.C.
UNDERCROSSING EASEMENT
PLAT TO ACCOMPANY LEGAL DESCRIPTIONPALO ALTO . CALIFORNIA
, PREPARED FOR: OITY OF PALO ALTO DATE 8UBMITTED= 410102
SHF.ET NUMBER
.3.
OF" 8 SHEETS
dOBNUMBER
8J078101
EXHIBIT. D
COST BREAKDOWN FOR THE PROJECT
30 932416.3
HOMER AVENUE UNDERCROSSING
Project Cost Estimate
80% PS&E
Skewed Alignment
with
Precast Concrete Slab Bridge on Soil-Cement Piles
C.
D.
E.
F.
Construction Costs
City Costs (soft costs)
15% Design (already allocated)
Final Design (already allocated)
Const. Administration (10% of ’A’)
Project Contingency (10% of ’A’)
Total Estimated Project Cost
$3,636,600
$100,000
$157,000
$434,000
$363,660
$363,660
$5,054,9201
June 10, 2002
BEYOND ENGINEERING
ENGINEER’S OPINION OF PROBABLE CONSTRUCTION COST
FOR
HOMER AVENUE UNDERCROSSING
ITEMLNO, .~-~-0-~_.~!-";’;~j,’.~.~:.~.~3 ~:~-~DESCRIPTION~t ~;-~ ~:~-~-~i~’ ~!0NITS!;~i~ !QU~NTITY~
48 F&I Conductors & Wirings LS 1
49 F&I Traffic Signal Controller Assembl~,EA 1
50 F&I Service EA 1
51 F&I Luminaire EA 2
52 F&I Photoelectric Cell EA 1
53 Signing and Striping LS 11
$15,000.00 $15,000
$12,000.00 $12,000
$1,000.00 $1,000
$400.00 $800
$400.00 $400
$5,000.00 $5,000
Traffic Signal/Signing & Striping =$135,200
Lighting/Electrical
54 Lighting
55 Lighting iF~il~’eroptic)
56 Drainage Pump Control
57 Electrical Service Connections by CiteUtilities
LS
LS
LS
LS
1
1 $15,000.00
1 $16,000.00
1 $3,OO0.O0
$150,000.00 $150,000
$15,000
$16,000
$3,OOO
Lighting/Electrical Subtotal =$184,000
Architectural
Concrete
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
SF
SF
SF
LF
LF
LF
LF
LF
LF
LF
LF
CY
LS
SF
LS
LF
LF
Tunnel Sidewalk Topping Slab
Colored Concrete Slab Work
Sloped slab work (ramps)
ADA Ramp Curbs
8.3’ walls
2.0’ retaining walls
2.4’ retaining walls
3.3’ retaining walls
4.3’ retaining walls
5.0’ retaining walls
Circumferential Steps w/ADA edging
Vertical Concrete (Tunnel Interior Walls)
Vertical Concrete (Tunnel Portal Treatment)
Grafitti Coating
Tunnel Ceiling Treatment
IGrout lines
Benches
Metal Work
Tunnel Handrail
Stair Railing
Ramp Railing
Retaining Wall Railing
Stepped Grates Pattern Work
Stepped Tree Grates
Flat Tree Grates
Cleanout Access Grates
Pattern Charge for Trench Drain Grates
Trench Drain Grate 13’-3" O.D. 12" wide, raw castiron
Metal Work in Tunnel
Building Buttons
Trellis or Tunnel Ceiling Opening Railings
Miscellaneous
Awings at Tunnel Portals
Trash Receptacles
Drinking Fountain
LF
LF
LF
LF
LS
EA
EA
EA
LS
LF
LS
EA
LS
6O0
2391
2239
400
224I
208.3
14
6.8
490
50.1
630
12
2
3,000
1
710
59
150
124
520
4OO
1
7
5
3
1
88
1
100
1
$12.00
$12.00
$12.00
$20.00
$300.00
$120.00
$22.00
$170.00
$170.00!
$25.00
$52.oo
$6O0.0O
$40,000.00
$1.00
$10,000.00
$10.00
$150.00
$50.00
$175.00
$175.00
$100.00
$8,000.00
$2,000.00
$1 lOO.OO
$400.00
$2 600.00
$85.oo
$20,000.00:
$32.00
$20,0OO.OO
$7,200
$28,692
$26,868
$8,ooo
$67,2OO
$24,996
$3o8
$1,156
$83,300
$1,253
$32,760
$7,200
$80,o0o
$3,OO0
$10 000
$7,100
$8,85O
$7,500
$21,700
$91,000
$40,000
$8,OOO
$14 000
$5,5OO
$1 2O0
$2,600
$7 480
$20 000
$3,200
$20,000
75
76
77
78
79
8O
81
82
83
84
85
86
87
88 LS 2 $20,000.00 $40,000
89 EA 4 $800.00 $3,200
90 EA 0 $10,000.00 $0
Architectural Subtotal=$683,263
N:\Si0781\Gen\XIs\80% Estimate\80%costestimate.xls 3 of 4 6/10/2002
ENGINEER’S OPINION OF PROBABLE CONSTRUCTION COST
FOR
HOMER AVENUE UNDERCROSSlNG
Civil
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Structural
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Traffic
35
36
37
38
39
4O
41
42
43
44
45
46
47
Remove Asphalt Concrete Surfacing
Temporary Fence
Construction Area Signs
Traffic Control System
Asphalt Concrete (T)/pe A)
Minor Concrete (Curb)
Class 2 Aggregate Base
Roadwa7 Excavation
Drainage Inlet
Junction Box
12" Reinforced Concrete Pipe
18" Reinforced Concrete Pipe
Pump Station
Trench Drain
Pull Box (for pump station)
6" AWWA C900
6" Flap Gate
Remove Fence
Relocate Fence
Relocate Light Pole
Soil Slurry Walls
Structural Steel
Bar Reinforcing Steel
Structural Concrete
Furnish Precast Concrete Slab
Erect Precast Concrete Slab
Structural Excavation & Backfill
Concrete Barrier
Barrier Railing
Furnish Precast Abutment Units
Erect Precast Abutment Units
Structural Concrete, Approach Slab
Elastomeric Bearings
Waterproofing
SF
LS
LS
LS
TON
LF
CY
CY
EA
EA
LF
LF
LS
LF
EA
LF
EA
LF
LF
EA
36
1
1
1
31
152
63
3,480
3
2
96
140
1
88
2
238
2
256
114
3
$5.00
$5,000.00
$5,000.00
$15,000.00
$100.00
$15.00
$35.00
$25.0O
$5,000.0O
$5,O0O.OO
$100.00
$100.00
$80,000.00
$65.00
$450.00
$190.00
$800.O0
$5.O0
$15.00
$2,000.00
Civil Subtotal =
$18£
$5,00£
$5,00C
$15,00C
$3,100
$2,280
$2,205
$87,0O0
$15,000
$10,000
$9,600
$14,000
$80,000
$5,720
$9O0
$45,220
$1,600
$1,280
$1,710
$6,o0o
$310,795
Signal/Signing & Striping
F& Bicycle Signal (LED)
F& No Right Turn on Red Sign
F&I Video Detection Camera
F&I 3" Schedule 40 PVC conduit
F&I 2" galvanized steel conduit
F&I No. 6 Pull Box
F& No. 5 Pull Box
F& Traffic Signal (LED)
F&I Pedestrian Signal (LED)
F&I Pedestrian Push Button (ADA)
F&I Pedestrian Push Button Post
F&I TTpe 1A Standard
F&I T~/pe 17 Mastarm Standard
N:\Si0781\Gen\XIs\80% Estimate\80%costestimate.xls 2 of 4
SF
LB
LB
CY
EA
EA
CY
LF
LF
EA
EA
SF
EA
SF
13,675
406,250
$35.00
$o.5o
42,700
215
13
13
160
20O
48O
12
12
7OO
26
1,785
$1.50
$45O.0O
$5,OOO.OO
$2,0OO.0O
$45.00
$75.OO
$75.OO
$6,OOO.OO
$3,000.00
$2o.oo
$50O.0O
$15.00
Structural Subtotal =
$478,625
$203,125
$64,050
$96,750
$65,0OO
$26,OO0
$7,200
$15,000
$36,000
$72,00O
$36,000
$14 000
$13,000
EA
EA
EA
LF
LF
EA
EA
EA
EA
EA
EA
EA
EA
2
1
4
3OO
5O
1
5
8
6
6
1’
2
3
$10,000.00
$1,000.00
$8,000.00
$4O.OO
$3o.0o
$750.00
$450.00
$1,000.00
$750.00
$400.OO
$60O.0O
$2,000.00
$4,O0O.O0
$20,000
$1,000
$32,000
$12,000
$1,500
$75o
$2,250
$8,0O0
$4,5o0
$2,4O0
$600
$4,000
$12_nnn
$26,775
$1,153,525
ENGINEER’S OPINION OF PROBABLE CONSTRUCTION COST
FOR
HOMER AVENUE UNDERCROSSING
Landsca oing and Irrigation
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
Miscellaneous
118
119
120
121
122
123
124
125
Remove Tree
Test Soil
Prep Soil
Fine Grade
Import Engineered Fill and Compact
Mainline Piping
Backflow Preventer Assembly
Irrigation Controller
Quick Coupling Valves
Remote Control Valves
Sprat/Heads
Drip Lines
Bubblers
Gate Valves
Ird~ation Wiring
Sleeving
Filter Fabric
DG
24" Box Tree
36" Box Tree
48" Box Tree
5 Gallon Shrub
15 Gallon Shrub
1 Gallon Ground Cover
1 Gallon Vines
Mulch
Maintenance for 90 DaTs
EA
LS
SF
SF
CY
LF
EA
EA
EA
EA
EA
LF
EA
EA
LF
LF
SF
CY
EA
EA
EA
EA
EA
EA
EA
CY
LS
13
9,000
9,000
10
100:
2
1
4
8
6O
3OO
4O
2
1,500
140
2OO
24
0
13
30
0
115
2,000
100
23
1
$600.00
$5O.0O
$0.5O
$0.20
$65.00
$5.00
$1,000.00
$6OO.OO
$75.00
$175.00
$35.00
$5.00
$35.00
$150.00
$2.0O
$5.o0
$o.50
$45.00
$380.00
$1,000.00
$2,5O0.O0
$3O.OO
$75.O0
$5.75
$15.00
$30.00
$3,900.00
Landscaping& Irrigation Subtotal =
$7,800
$5O
$4,5oo
$1,8oo
$65o
$5o0
$2,0OO
$600
$3oo
$1,400
$2,100
$1,500
$1,400
$30o.
$3,000
$7oo
$1oo
$1,080
$o
$13,000
$75,000
$o
$8,625
$11,500
$1,500
$690
$3,900
$143,995
Subtotal =
Mobilization (10%)
ContingenW (10%)
Total =
$2,426,778
$242,678
$242,678
$2,912,100
Relocation of Overhead Lines
Steel Utility Pole
Track Raise
Track Sediment Removal and Restoration
Railroad Flagging
Relocation of Fiber Optic Conduit (Sprint)
Relocation of Fiber Optic Conduit (AT&T))
Contingency, on Miscellaneous Items (15%)
LS
EA
LS
LS
DaTs
LS
LS
LS
1 $40,000.00
1 $60,000.00
1 $250,000.00
1 $25,OOO.OO
10 $500.00
1 $125,000.00
1 $125,000.00
1 $94,500.00
$40,00O
$6O,OOO
$250,000
$25,OOO
$5,0oo
$125.000
$125 000
$94,500
Miscellaneous Subtotal= $724,500
Total Construction Cost= $3,636,600
EXHIBIT E
CONTRACTOR’S RIGHT OF ENTRY PERMIT
3 1 932416:3
Agreement #
RIGHT OF ENTRY PERMIT AGREEMENT
(Santa Clara County)
This Right of Entry Permit Agreement ("Agreement" or "Permit") is entered into as of
("Effective Date"), by and between the PENINSULA CORRIDORJOINT POWER~ BOARD, a public agency ("JPB"), referred to herein as "Railroad," or
"Permitor" and The City of Pal0 Alto ("Permittee").
RECITALS:
A. Railroad is the owner of the peninsula corridor right-of-way ("Right-of-Way"),
and specifically that certain real property which is located in the County of Santa Clara, State of
California, in the vicinity of MP __, as depicted on Exhibit A which is attached to this
Agreement and incorporated into it by this reference (the "Property"). The National Railroad
Passenger Corporation ("Operator"), under Agreement with Railroad, operates the Peninsula
Commute Service on the Right-of-Way, and oversees maintenance of the Right-of-Way,
including the Property.
B. Permittee desires access to the Property for the purpose of Constructing a
pedestrian undercrossing and accomplishing all incidents necessary thereto ("Work") upon
Railroad’s property.
C. Permittee desires to obtain a right of entry permit from Railroad that will permit
Permittee to enter onto and work on Railroad’s Property in connection with the Work.
D. Railroad is willing to grant the Permit to Permittee on the terms and conditions
hereinafter set forth for the purposes of performing said Work.
FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged, the parties
agree as follows:
1. Grant of Permit. Subject to the conditions, covenants and restrictions of this
Agreement, Railroad grants to Permittee a personal, revocable right of entry permit for the
purposes of performing the Work on the Property together with necessary rights of ingress and
egress over the Property for these purposes in the location described in the print of the drawing
attached and incorporated as Exhibit B.
2. No Permanent Improvements Allowed. Permittee shall not construct any
permanent improvements on the Property unless Permittee has entered into a separate agreement
with Railroad allowing such improvements.
3.Permit Fee. Permittee shall pay the permit fee of $0.
923795.2
Agreement #
4. Service Agreement. As a condition precedent to the effectiveness of this
Agreement, Permit-tee shall enter into a Service Agreement with Railroad which shall provide for
payment by Permittee for services provided by Railroad necessary for the Permittee to conduct
the Work.
5. Condition to Effectiveness. As a condition precedent to the effectiveness of this
Agreement, Permittee shall have paid the permit fee indicated in Section 3 above, made any
deposit indicated in Section 4, above and provided to Railroad insurance certificates that certify
that Permit-tee has the kinds of insurance described in Exhibit C-2, attached hereto and by this
reference made a part hereof. "
6. Work Procedures. All Work performed by Permittee shall be performed in
accordance with the Railroad’s Operating Systems Interface, Exhibit C and the Work Procedures
described in Exhibit C-1, both of which are attached hereto and by this reference made a part
hereof.
7. Nonexclusiveness of Permit. This permit is nonexclusive and nonpossessory.
Permittee must allow access to the Property by other parties possessing prior fights, unless
separate arrangements are made with such parties.
8. Prior Rights. This Permit is made subject and subordinate to the prior and
continuing right and obligation of Railroad, its successors and assigns, to use the Right-of-Way
in the performance of its transportation operations. There is reserved unto Railroad, its
successors and assigns, the fight to construct, reconstruct, maintain and use existing and future
facilities and appurtenances, including, without limitation, existing and future transportation,
communication, railroad tracks and pipeline facilities and appurtenances in, upon, over, under,
across and along the Right-of-Way.
This grant is made subject to all licenses, leases, easements, restrictions,
conditions, covenants, encumbrances, liens and claims of title that may affect the Right-of-Way.
The word "grant" shall not be construed as a covenant against the existence of any of these or
establish any ownership interest in the Right-of-Way.
9. Term of Permit. The term of this Permit shall commence upon the start of the
Work upon the Property and shall continue until the Work is completed or this Permit is
terminated or suspended as set forth herein:
(a) Either party may terminate this Agreement without cause by giving thirty (30)
calendar days’ written notice.
(b) Railroad may immediately terminate the Permit by notice to Permittee upon
Permittee’s discontinuance of the Work for one continuous year or the abandonment of any
facilities installed on the Property.
(c) Railroad may immediately suspend the Permit by notice to Permittee if
Permittee defaults with respect to any covenant or condition of this Agreement; Railroad may
immediately terminate this Permit by notice to Permittee if Permittee fails to correct the default
2
923795.2
Agreement #
within thirty (30) days after receipt of notice from Railroad to do so.
(d) Railroad may immediately terminate or suspend this Permit by notic~ to
Permittee upon any failure of Permittee (or Agency) to reimburse Railroad for any amount owing
as and when due as provided any agreement with Railroad.
(e) The Permit shall lapse and become void if Work is not commenced within one
year of the date of this Agreement.
Upon suspension of the Permit, Permittee shall immediately vacate the Property
and refrain from entering onto it until the Permit is reinstated in writing by Railroad. Upon
termination of the Permit for any reason established in this Section 9, Railroad may, at its sole
election, at any time thereafter either complete the Work or remove the improvements placed on
the Property or any portion thereof and restore the Property to its original condition, at
Permittee’s sole cost and expense. Permittee acknowledges and agrees that the performance of
the Work or the installation of any improvements on the Property pursuant to this Agreement
shall not in any way whatsoever limit Railroad’s right to terminate this Permit pursuant to the
terms hereof or any of Railroad’s fights hereunder. Permittee’s indenmity obligations set forth in
Sections 11, 12 and 13 shall survive termination of this Permit for any reason.
10. Fiber Optics Systems. The rights granted by this Agreement are subject to the
fights of Railroad (or anyone acting with the permission of Railroad) to construct, reconstruct,
maintain and operate fiber optic and other telecommunications systems ("Systems") in, upon,
along, across and beneath the Right-of-Way, including the Property upon which the Work shall
be conducted.
Permit-tee agrees to reimburse Railroad and!or the owner of the Systems for all
.expenses which would not have been incurred except by reason of the use of the Property by
Permit-tee, its agents, employees or invitees, including relocation costs or any damages incurred
by such owner due to injury to the Systems.
11. Assumption of Risk/Waiver of Claims. Permittee shall assume all risk of damage
to any and all improvements constructed as part of the Work and appurtenances and to any other
property of Permittee, or any property under the control or custody of Permittee while upon or
near the Property of Railroad incident to the performance of the Work, caused by or contributed
to in any way by the construction, operation, maintenance or presence of Railroad’s operations at
the Property and Railroad shall not be liable therefor.
(a) Neither Railroad nor any of its directors, officers, agents or employees shall
be liable for any damage to the property of Permittee, its officers, agents, employees, contractors
or subcontractors, or their employees, or for any bodily injury or death to such persons, resulting
or arising from the condition of the Property or its use by Permittee.
(b) Permittee acknowledges that this Permit is freely revocable by Railroad and in
view of such fact, Permittee expressly assumes the risk of making any expenditures in
connection with this Permit, even if such expenditures are substantial. Without limiting any
indemnification obligations of Permittee or other waivers contained in this Permit and as a
923795.2
Agreement #
.material part of the consideration for this Permit, Permittee fully RELEASES, WAIVES AND
DISCHARGES forever any and all claims, demands, rights, and causes of action against, and
covenants not to sue, Indemnitees (as defined in Section 12 below) under any present or future
laws, statutes, or regulations, including, but not limited to, any claim for inverse condemnation
or the payment of just compensation under law or equity, in the event that Railroad exercises its
right to revoke or terminate this Permit.
(c) Permittee acknowledges that it will not be a displaced person at the time this
Permit is terminated or revoked or expires by its own terms, and Permittee fully RELEASES,
WAIVES AND DISCHARGES forever any and all claims, demands, rights, and causes of action
against, and covenants not to sue, Indemnitees under any present or future laws, statutes, or
regulations, including, without limitation, any and all claims for relocation benefits or assistance
from Railroad under federal and state relocation assistance laws.
(d) Permit-tee expressly acknowledges and agrees that the fees payable hereunder
do not take into account any potential liability of Railroad for any consequential or incidental
damages including, but not limited to, lost profits and arising out of disruption to the facilities or
Permittee’s uses hereunder. Railroad would not be willing to give this Permit in the absence of a
waiver of liability for consequential or incidental damages due to the acts or omissions of
Railroad or its Agents, and Permittee expressly assumes the risk with respect thereto.
Accordingly, without limiting any indemnification obligations of Permit-tee or other waivers
contained in this Permit and as a material part of the consideration for this Permit, Permittee
fully RELEASES, WAIVES AND DISCHARGES forever any and all claims, demands, rights,
and causes of action against for consequential and incidental damages (including without
limitation, lost profits and covenants not tosue Indemnitees for such damages arising out of this
Permit or the uses authorized hereunder, including, without limitation, any interference with Uses
conducted by Permittee pursuant to this Permit, regardless of the cause, and whether or not due
to the negligence of Railroad Indemnitees, except for the gross negligence and willful
misconduct of Railroad.
(e) As part of Permittee’s agreement to accept the Permit Area in its existing
condition, and without limiting such agreement, Permittee on behalf of itself and its successors
and assigns, waives its right to recover from, and forever releases and discharges, Railroad
Indemnitees, and their respective heirs, su~ccessors, administrators, personal representatives and
assigns, from any and all Claims, whether direct or indirect, known or unknown, foreseen and
unforeseen, that may arise on account of or in any way be connected with the physical or
environmental condition of the Property and any related improvements or any law or regulation
applicable thereto or the suitability of the Permit Area for Permittee’s intended use.
(f) Permittee hereby releases Railroad from any liability, including any claims for
damages or extra compensation (i) arising from construction delays due to work by Railroad
forces or Railroad operations, (ii) as the result of the failure or inability of Railroad to provide
necessary flaggers or inspectors, (iii) due to the presence of Hazardous Materials on the Property,
(iv) any failure by Railroad to investigate or identify the presence of such materials, (v) for work
done by Railroad forces, or (vi) for Railroad operations.
(g) In connection with the foregoing releases, Permit-tee acknowledges that it is
4
923795.2
Agreement #
familiar with Section 1542 of the California Civil Code, which reads:
A general release does not extend to claims
that the creditor does not-know or suspect to exist in his favor at
the time of executing the release, which if known by him must
have materially affected his settlement with the debtor.
Permittee acknowledges that the releases contained herein include all known and
unknown, disclosed and undisclosed, and anticipated and unanticipated claims. Permittee
realizes and acknowledges that it has agreed upon this Permitin light of this realization and,
being fully aware of this situation, it nevertheless intends to waive the benefit of Civil Code
Section 1542, or any statute or other similar law now or later in effect. The releases contained
herein shall survive any termination of this Permit.
12. Indemnity. Permittee shall release, defend (with counsel reasonably satisfactory
to Railroad) and indemnify the Peninsula Corridor Joint Powers Board, the City and County of
San Francisco, the Santa Clara Valley Transportation Authority and the San Mateo County
Transit District, the Union Pacific Railroad Company and the National Railroad Passenger
Corporation, and all of their respective officers, directors, employees, volunteers and agents, the
successors and assigns of any of them, (all of the above hereinafter collectively known as
"Indemnitees"), from and against all claims, causes of action, proceedings, losses, damages,
liability, cost, and expense (including, ~ithout limit, any fines, penalties, judgments, litigation
costs, attorneys’ fees and consulting, engineering and construction costs) for damage to natural
resources or other loss of or damage to property and for injuries to or death of any person
(including, but not limited to, the property and employees of each party) ("Liability") when
arising or resulting from the use of the Property or performance of the Work by Permittee, its
agents, employees, contractors, subcontractors, or invitees or Permittee’s breach of the
provisions of this Agreement. The duty of Permittee to indemnify and save harmless includes
the duties to defend as set forth in Section 2778 of the Civil Code. It is the express intent of the
parties that Permittee will indemnify and hold harmless Indemnitees from any and all claims,
suits or actions arising from any cause whatsoever as set forth above regardless of the existence
or degree of fault or negligence on the part of Indemnitees, Permittee, or any subcontractor or
employee of any of these, except to the extent the Liability was attributable to the gross
negligence, willful misconduct or criminal acts of a particular Indemnitee, it being understood
and agreed that any Indemnitee not acting in such a manner shall still be entitled to the benefits
of this indemnity. Permittee waives any and all rights to any type of express or.implied
indemnity against Indemnitees. This indemnity shall survive termination of this Agreement. It
is the intention of the parties that should any term of thi~ indemnity provision be found to be void
or. unenforceable, the remainder of the provision shall remain in full force and effect.
13. Hazardous Materials. No Hazardous Materials (as def’med below) shall be
created, stored, used, disposed of, brought to or handled at any time upon the Property, except
Hazardous Materials contained in or used in connection with construction equipment necessary
for the operation of such equipment or vehicle being used for work which is authorized on the
Property under this Permit. In conducting its operations on the Property, and in arranging for the
handling, transport and disposal of any materials known (whether or not hazardous), Permittee
923795.2
Agreement #
shall at all times comply with all applicable laws, statutes, ordinances, rules, regulations or
orders of whatever kind or nature and pay all costs of such compliance. Permit-tee shall
immediately notify Railroad when Permittee learns of, or has reason to believe that, a release of
Hazardous Material has occurred in, on or about the Property. The term "release" or "threatened
release" when used with respect to Hazardous Material shall include any actual or imminent
spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping,
’leaching, dumping, or disposing in, on, under or about the Property. Permittee shall further
comply with all laws requiting notice of such releases or threatened releases to governmental
agencies, and shall take all action necessary to mitigate the release or minimize the spread of
contamination. In the event that a Permittee or its Agents or Invitees cause a release of
Hazardous Material, Permittee shall, without cost to Railroad and in accordance with all laws
and regulations, return the Property to the condition immediately prior to the release. In
connection therewith, Permittee shall afford Railroad a full opportunity to participate in any
discussion with governmental agencies regarding any settlement agreement, cleanup or
abatement agreement, consent decree or other compromise proceeding involving Hazardous
Material.
Any Hazardous Materials introduced onto the Property by Permittee, its agents,
employees, contractors, subcontractors or invitees, shall remain the property of Permittee, its
agents, employees, contractors, subcontractors or invitees, which shall be responsible for
disposing of these materials at no cost to Railroad or any Indemnitee, and Permittee shall be
obligated to defend, indemnify and hold Indemnitees harmless from any and all Liability arising
from it, regardless of whether such Liability arises during or after the term of this Permit. This
indemnity shall not extend to Liability arising from the presence of any Hazardous Materials on
the Property, unless (i) such Hazardous Materials were introduced onto the Property by
Permittee, its agents, employees, contractors, subcontractors or invitees, in which case this
indemnity shall apply, or (ii) Hazardous Materials are present on the Property, and Permittee’s
handling, excavation, relocation, investigation, disposal or other exercise of control over the
Property imposes on the Railroad new or additional liability, which the Railroad would not
otherwise have incurred in the absence of Permittee’s activities or project. (In such event,
Permittee shall pay for and defend and indemnify Indemnitees from and against such additional
liability to the extent it exceeds that liability which the Railroad would have incurred in the
absence of Permittee’s activities or project.)
Any Hazardous Materials not introduced onto the Property by Permittee, its
agents, employees, contractors, subcontractors or invitees shall remain the property of the
Railroad (or other responsible third parties) and shall not be deemed property of Permittee.
For purposes of this Agreement, "Hazardous Material" means material that,
because of its quantity, concentration or physical or chemical characteristics, is at any time now
or hereafter deemed by any federal, state or local governmental authority to pose a preser~ or
potential hazard to public health, welfare or the environment. Hazardous Material includes,
without limitation, any material or substance defined as a "hazardous substance, pollutant or
contaminant" pursuant to the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended (42 U.S.C. Sections 9601 et seq.), the Resource Conservation
and Recovery Act (42 U.S.C. 6901 et seq.) or pursuant to Section 25316 of the California Health
and Safety Code; a "hazardous waste" listed pursuant to Section.25140 of the California Health
6
923795.2
Agreement #
and Safety Code; any asbestos and asbestos containing materials whether or not such materials
are part of the Property or are naturally occurring substances on the Property, and any petroleum,
including, without limitation, crude oil Or any fraction thereof, natural gas or natural gas liquids.
This indemnity shall survive termination of this Agreement. It is the intention of the parties that
should any term of this indemnity provision be found to be void or unenforceable, the remainder
of the provision shall remain in full force and effect.
14. Compliance with Laws. Permittee shall comply, at Permittee’s expense, with all
applicable laws, regulations, rules and orders with respect to the use of the property, regardless
Of when they become or became effective, including, without limitation, those relating to
construction, grading, signage, health, safety, noise, environmental protection, hazardous
materials, waste disposal and water and air quality, and furnish satisfactory evidence of such
compliance upon request of Railroad. Before beginning work on the Property,, Permittee shall
also obtain, at Permittee’s expense, any and all permits, licenses and approvals required for
construction and operation of the Work and shall provide Railroad with copies of such approvals.
Under no circumstances shall Permittee damage, harm or take any rare, threatened or endangered
species on or about the Property.
15. Notices. All notices required or permitted to be given under this Agreement shall
be in writing and mailed postage prepaid by certified or registered mail, return receipt requested,
or by personal delivery or by overnight courier, to the appropriate address indicated below or at
such other place or places as either Railroad or Permittee may, from time to time, respectively,
designate in a written notice given to the other. Notices shall be deemed sufficiently served four
(4) days after the date of mailing or upon personal delivery.
To Permittee:
To Railroad:
With a copy to:
To Amtrak:
Peninsula Corridor Joint Powers Board
c/o San Mateo County Transit District
1250 San Carlos Avenue
P.O. Box 3006
San Carlos, CA 94070-1306
Attn: General Manager/Executive Director
Hanson, Bridgett, Marcus, Vlahos & Rudy
333 Market Street, Suite 2300
San. Francisco, CA 94105-2173
Attn: David J. Miller, Esq.
National Railroad Passenger Corp.
510 W. San Femando Street
San Jose, CA 95110
Attn: General Manager
923795.2
Agreement #
Day-to-day communications shall be directed to JPB’s Chief Engineer (Tel: (650) 508-
7922; Fax: (650) 508-7938) and to Permittee’s (Tel:
.; Fax:).
16. Relocation of Permit. In the event Railroad shall at any time so require,
Permittee, at Permittee’s expense, shall reconstruct, alter, make changes in the location of its
facilities on the Property, within 30 calendar days of receipt of written notice from Railroad so to
do or such longer period as approved by Railroad. The Railroad shall designate the location for
the Permittee to relocate its permit, if on property owned by Railroad. Any necessary property
interestsshall be obtained at Permittee’s sole cost and expense.
Permittee shall perform the work in a manner and at times satisfactory to Railroad. If
Permittee fails to perform such work, Railroad may perform the work at the expense of
Permittee, which expense shall, upon demand, be paid by the Permittee. The provisions of this
.Agreement shall apply to all work Permittee performs under this section.
17. Successors and Assigns. Permittee shall not assign nor sublet, in whole or in part,
any rights covered by this Agreement, or permit any other person, firm or corporation to use, in
whole or in part, any of the rights or privileges granted pursuant to this Agreement, without first
obtaining the written consent of the Railroad.
18. No Waiver. No waiver of any default or breach of any covenant of this
Agreement by either party shall be implied from any omission by either party to take action on
account of such default if such default persists or is repeated, and no express waiver shall affect
any default other than the default specified in the waiver, and then the waiver shall be operative
only for the time and to the extent stated. Waivers of any covenant, term or condition by either
party shall not be construed as a waiver of any subsequent breach of the .same covenant, term or
condition, The consent or approval by either party to or of any act by either party requiring
further consent or approval shall not be deemed to waive or render, unnecessary their consent or
approval to or of any subsequent similar acts.
19. Severabilit¥. Each provision of this Agreement is intended to be severable. If
any term of provision shall be determined by a court of competent jurisdiction to be illegal or
invalid for any reason whatsoever, such provision shall be severed from this Agreement and shall
not affect the validity of the remainder of this Agreement.
20. Attomeys’ Fees. If any legal proceeding should be instituted by either of the
parties to enforce the terms of this Agreement or to determine the rights of the parties under this
Agreement, the prevailing party in the proceeding shall receive, in addition to all court costs,
reasonable a~tomeys’ fees.
21. Condemnation. In the event all or any portion of the Property is condemned for
public use, Permittee shall receive compensation only in the amount awarded for the taking and
damaging of Permittee’s facilities related to the Work. Any compensation for damages for
taking the Property or Permittee’s permit interest thereon awarded to Permittee shall be assigned
to Railroad.
8
923795.2
Agreement #
22. Governing Law. The rights and obligations of the parties under this Agreement
shall be interpreted in accordance with the laws of the State of California as applied to contracts
that are made and perforrned entirely in California..
23. Effect of Headings. The headings of the paragraphs of this Agreement are
included for purposes of convenience only, and shall not affect the construction or interpretation
.of any of its provisions
24. Integration. This Agreement constitutes the complete expression of the
agreement between the parties and supersedes any prior agreements, whether written or oral,
concerning the subject of this Agreement, which are not fully expressed in this Agreement. The
parties intendthis Agreement to be an integrated agreement. Any modification of or addition to
this Agreement must be in writing signed by both parties.
25. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original b~at both of which shall constitute one and the same agreement.
IN WITNESS WHEREOF, the parties have executed this Permit as oftheday and year
first above written by their duly authorized representatives.
PENINSULA CORRIDOR JOINT
POWERS BOARD
PERMITTEE
By:.*By:
Title: Executive Director Title:
APPROVED AS TO FORM:*By:
Title:
Attorney
RECOMMENDED FOR APPROVAL:
Real Estate Officer
Real Estate Department Manager
* NOTE: IfPermittee is a corporation, this
Agreement must be executed by two corporate
officers, consisting of: (1) the President, Vice
President or Chair of the Board, and (2) the
Secretary, Assistant Secretary, Chief Financial
Officer, Assistant Chief Financial Officer, or
by any person authorized by the corporation to
execute written contracts.
923795.2
Agreement #
APPROVED AS TO FORM;
Attorney
10
923795.2
EXHIBIT F
RELATIONS WITH RAILROAD COMPANY
(a)General. The term "Railroad" shall be understood to mean the PENINSULA
CORRIDOR JOINT POWERS BOARD. The term "City" shall be understood to mean the CITY
OF PALO ALTO. The term "Contractor" shall be understood to mean the person or persons
engaged by City to construct the Structure as that term is defined in the Construction and
Maintenance Agreement to which this Exhibit F is attached.
It is expected that Railroad will cooperate with the Contractor to the end that the
. work may be handled in an efficient manner, but neither the City nor Contractor shall have any
claim for damages or extra compensation against Railroad in the event its work is held up by the
work by Railroad forces or operations.
(b)Contractor Requirements The Contractor shall cooperate with Railroad
where work is over, under or adjacent to the tracks, or within the limits of Railroad property, in
order to expedite the work and to avoid interference with the operation of Railroad equipment.
The Contractor shall comply with the rules and regulations of Railroad or the
instructions of its representatives in relation to the proper manner of protecting the tracks and
property of Railroad and the traffic moving on such tracks, as well as the x~rires, signals, and other
property of Railroad, its tenants or licensees, at and in the vicinity of the work during the period
of construction. Contractor shall specifically adhere to the requirements of Railroad’s Track
Specifications and Design Guidelines for Grade Separations as amended, a copy of which will be
provided to Contractor on request.
32 932416.3
The Contractor shall perform his work in such manner and at such times as shall
not endanger or interfere with (i) the safe operation of the tracks and property of Railroad and the
traffic moving on such tracks, (ii) freight, commute and inter-city passenger railroad operations
to be conducted by the Railroad and/or Union Pacific Railroad Company and (iii) the utilities,
fiber optic cabling, other wiring, signals and other property of Railroad, its tenants or licensees,
¯ at or in the vicinity of the work.
Except as otherwise provided herein, the Contractor’s operations shall not infringe
on the following minimum clearances from any Railroad track:
15’-0" horizontally from centerline of track.
22’-6" vertically above top of rail.
Any proposed variance from the above clearances due to the Contractor’s
operations shall be submitted to the Railroad and to the Engineer, and shall not be undertaken
until approved by the Railroad, and until the Railroad’s engineer has obtained any necessary
authorization from any governmental body or bodies having jurisdiction thereover. Contractor
shall not be entitled to any extra compensation in the event the Contractor’s work is delayed
pending Railroad approval and governmental authorization.
In the case of impaired vertical clearance above top of rail, Railroad shall have the
option of installing protective devices that Railroad deems necessary for protection of Railroad
trainmen or rail traffic, at Contractor’s sole cost.
The details of construction affecting the Railroad tracks and property not included
in the contract plans shall be submitted to the Railroad for approval before such work is
undertaken.
33 932416.3
Except in connection with construction of grade separation structures on premises
of Railroad, no private crossings at grade over tracks of Railroad for the purpose of hauling earth,
rock, paving or other materials will be permitted. If the Contractor, for the purpose of
constructing highway-railway grade separation structures, including construction ramps thereto,
desires to move his equipment or materials across Railroad’s tracks, he shall obtain permission
from Railroad; and, should it be required, the Contractor shall execute a private crossing
agreement. ~The crossing installation for the use of the Contractor, together with any protective
devices, if required, shall be at the expense of the Contractor. Contractor shall furnish his own
employees as flagmen to control movements of vehicles on the private roadway and shall take all
measures necessary to prevent the use of such roadway by unauthorized persons and vehicles.
There shall be no blasting in connection with the construction of the Structure on
Railroad property.
The Contractor Shall, upon completion of the work covered by this contract, to be
performed by Contractor upon the premises or over or beneath the tracks of Railroad, promptly
remove from the premises of Railroad all of Contractor’s tools, implements, machinery, motor
vehicles, trailers, sheds and other materials whether brought upon said premises by said
Contractor or any subcontractor, employee or agent of Contractor or of any subcontractor, and
cause said premises to be left in a clean and presentable condition.
(c)Protection of Railroad Facilities, In connection with work performed at
railroad crossings, railroad representatives, engineer inspectors, conductors, flagmen or
watchmen will be provided by Railroad to protect its facilities, property and movements of its
trains, or engines, when in the opinion of Railroad’s representative the same is necessary due to
the Contractor’s operations while working on or adjacent to the Railroad’s property or its tracks.
34 932416.3
The cost of all personnel deemed necessary by Railroad and provided by Railroad
for the protection of Railroad facilities and trains and inspection of the work during the period of
constructing the separation, and the cost of installing protective devices in the case of impaired
clearance, as above specified, shall be borne by the Contractor and sums sufficient to cover the
claims based upon bills rendered to the City by Railroad for such costs will be deducted from the
progress and final pay estimates due the Contractor.
The rates of pay of Railroad employees customarily called upon to act for the
protection of Railroad are the railroad rates in effect at the time of the work for the various
classes of labor. Compensation, property damage and public liability insurance, vacation and
holiday time, railroad retirement, social security, workman’s compensation and unemployment
taxes, health and welfare, and supervision charges shall be added to the above rates.
Railroad will, upon request, furnish prospective bidders with an estimate of cost
of the flagging protection and engineer inspectors which will be required, but such estimate shall
be understood to be approximate only and no guaranty is made that the total cost of such flagging
will not be in excess of the estimated amount. The determination of the cost of flagging and
protective devices to be used as a basis for the submitting of bids shall be the responsibility of the
prospective bidders.
(d)Work by Railroad Railroad will rearrange its own signal lines and
appurtenances. The work by Railroad will be done by its own forces and is not a part of this
contract.
(e)Aereement. Before doing any work on Railroad’s property, the Contractor
shall execute a Right of Entry Agreement with Railroad in a form to be provided by Railroad.
35 932416.3
SITE PLAN
ATTAOIMENI’ G