HomeMy WebLinkAbout2001-11-13 City Council (4)City of Palo Alto
City Manager’s Report
TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE:NOVEMBER 13, 2001 CMR:417:01
SUBJECT:RESOLUTION APPROVING A COOPERATIVE AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND CALTRANS FOR THE
EL CAMINO REAL CALTRANS COMMUNITY-BASED PLANNING
GRANT PROJECT
RECOMMENDATION
Staff recommends that Council adopt the attached Resolution approving a Cooperative
Agreement between the City of Palo Alto and Caltrans, which would allow the City to be
reimbursed by federal and state matching funds up to $240,000. These funds will be used to
prepare a Master Schematic Design Plan for E1 Camino Real.
BACKGROUND
Last year, Caltrans established a new Office of Community Planning (OCP) to address the
statewide need for community-sensitive approaches to transportation decision-making. One
of the functions of OCP is to administer the newly-created Community Based Transportation
Planning (CBTP) demonstration grant program. This grant program supports planning
studies that showcase examples of livable cormnunity concepts and encourage smart growth,
and that can then be used to seek grant funds for constructing the improvements.
City staff submitted a proposal for a CBTP demonstration grant to study improvements to E1
Camino Real (State Route 82) in Palo Alto that would increase safety, efficiency and comfort
for all mode users (vehicle drivers, transit users, bicyclists and pedestrians) and present a
more attractive urban design image. The proposal also included exploring flexibility in the
application of highway design standards where exceptions to current standards may be
required to achieve the project objectives. The Palo Alto project would serve as a prototype
for in-town or "main street" highways, where flexibility in highway design is needed to
accommodate the urban conditions along these streets.
CMR:417:01 Page 1 of 4
Allowing flexibility in the application of highway design standards in relation to the unique
conditions of the surrounding community was encouraged in the 1991 Intermodal
SurfaceTransportation Efficiency Act (ISTEA) and further emphasized in the 1995 National
Highway System Act. Since then, "context-sensitive" highway design has become an
objective of progressive transportation agencies across the country. New context-sensitive
policy directives are currently under review at Caltrans. For a review of background and
issues in context sensitive highway design see the article "From Highway to My Way" by
Reid Ewing, Planning Magazine, January 2001, attached to this report.
The Palo Alto grant was approved by OCP in the amount of $240,000. The grant requires
a 20 percent match ($48,000) from the City. The Palo Alto proposal was co-sponsored by
the regional Caltrans District 4 office in Oakland, and the project will be a collaborative
effort between the City and Caltrans District 4.
DISCUSSION
The overall goal of this project is to change the character of El Camino Real from a highway
designed primarily for motor vehicle mobility to a fully multimodal, aesthetically attractive
urban thoroughfare that functions safely and effectively as a transportation corridor and
projects a positive image of the city. The project area is the Caltrans right of way (property
line to property line) for the 4.3 miles of E1 Camino Real in Palo Alto from the north city
limit at San Francisquito Creek to the south city limit at Adobe Creek.
As staff indicated in the grant proposal to Caltrans, the grant will be used to fund a consultant
team to prepare a concept plan identifying improvements along E1 Camino Real that would
result in a more attractive, safer thoroughfare. The consultant team to be hired for this
project will be an interdisciplinary team with expertise in transportation planning and
engineering, pedestrian and bicycle circulation, urban design, landscape architecture, urban
f~)restry and public participation. The transportation consultant, the urban design/landscape
architecture consultant, and other members of the consultant team as needed will collaborate
on all phases of work throughout the proj ect.
The final product of the project will be a schematic design plan that will be used to solicit
state and federal grant funding for implementation of identified improvements. The
schematic plan will also be used to as a guide to coordinate the design of individual street
improvement projects that are hnplemented incrementally by Caltrans, Valley Transportation
Authority (VTA) or by private developers of projects along E1 Camino Real.
Opportunities for the community to participate in the project will be provided through an
advisory group of interested stakeholders, two community forums, four public hearings
before City boards and commissions and the City Council, and press releases and project
updates on the City’s website. In addition, educational outreach materials will be prepared
for use by neighborhood groups and other cormnunity organizations.
CMR:417:01 Page 2 of 4
Interdepartmental and interagency coordination is an essential part of this project. City staff
in the Divisions of Planning and Transportation and the Department of Community Services
are coordinating several planning efforts currently underway in the City, including the
Zoning Ordinance update, the Safe Routes to Schools project, development of interim
Landscape Design Guidelines for E1 Camino Real, development of Architectural Design
Guidelines for E1 Camino Real, the ground floor retail ordinance, and review of current
development projects along E1 Camino Real. In addition, City staff is coordinating with the
citizen-led Trees For E1 Camino project and the E1 Camino Real planning and design efforts
currently underway in Menlo Park, Redwood City and Stanford, and with the Santa Clara
Valley Water District culvert replacement project over Adobe Creek. When this project
commences, interagency coordination will expand to include Caltrans OCP in Sacramento
and Caltrans District 4 in Oakland, the VTA, and the cities of Los Altos, Mountain View and
Menlo Park with adjacent sections of E1 Camino Real.
For additional information about the background, description, and scope of the project, see
the appended Scope of Services included as Attachment V to the Cooperative Agreement
(page 19). Minor revisions may be made to the Scope of Services during contract
negotiations.
RESOURCE IMPACT
Approval of this agreement will allow the City to be reimbursed by Community Based
Transportation Planning funds up to $240,000, to prepare a Master Schematic Design Plan
for E1 Camino Real. The grant requires a 20 percent City match of $48,000, for a total
project budget of $288,000. The $48,000 city matching funds will be provided from the
$75,000 allocated in the CIP 2000-01 budget item no. 10113 for E1 Camino Real Design
Guidelines. Staff will actively seek grant funding for any recommendations that come out
of this study. After the Resolution is approved, staff will request a Budget Amendment
Ordinance to create a new CIP. The new CIP will allow the City to accept and expend grant
revenue.
POLICY IMPLICATIONS
The recommendation in this report is consistent with and will help implement Policies and
Programs in the Comprehensive Plan, particularly the following. Program L-33: "Study
ways to make South E1 Camino Real more pedestrian-friendly, including redesigning the
street to provide wider sidewalks, safe pedestrian crossings at key intersections, street trees,
and streetscape improvements." Program L-34: Provide better connections across El
Camino Real to bring the Ventura and Barron Park neighborhoods together and to improve
linkages to local schools and parks." Policy L-66: "Maintain an aesthetically pleasing street
network that helps frame and define the community while meeting the needs of pedestrian,
bicyclists, and motorists." Program T-16: Evaluate the extension of a light rail line along
E1 Camino Real from Mountain View through Palo Alto to Menlo Park."
CMR:417:01 Page 3 of 4
TIMELINE
The grant funds will be available to the City when the City Council has approved the
Resolution authorizing the Cooperative Agreement. A project consultant team is expected
to be selected and a contract negotiated during November, with the contract to be presented
to City Council for approval in December, 2001. Work on the project will begin in January,
2002 and will be completed by December 31, 2002.
ENVIRONMENTAL REVIEW
Execution of the Cooperative Agreement does not constitute a project for purposes of the
California Environmental Quality Act (CEQA). The preparation of the Master Schematic
Design Plan for E1 Camino Real is exempt from CEQA pursuant to Section No. 15262
(Feasibility and Planning Studies).
ATTACHMENTS
A. Resolution including Cooperative Agreement (note Scope of Services begins on page 19)
B. Article, "From Highway to My Way," by Reid Ewing, Planning, January 2001
PREPARED BY:
VIRGINIA WARHEIT
Senior Planner
DEPARTMENT HEAD REVIEW~,~~@~
LES WHITE
Interim Director, Planning and Community Environment
CITY MANAGER APPROVAL:
EMILY
Assistant City Manager
co:Senator Byron Sher
Assemblyman Joe Simitian
CMR:417:01 Page 4 of 4
ATTACHMENT A
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
AUTHORIZING THE EXECUTION OF A COOPERATIVE
AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR A SCHEMATIC STREET DESIGN PLAN
FOR EL CAMINO REAL (Agreement No. 04A1432)
WHEREAS, as part of the E1 Camino Real Corridor Study, the
City of Palo Alto applied for and received a Community Based
Transportation Planning Demonstration Grant to develop, in
collaboration with the California Department of Transportation,
(hereinafter "CalTrans,") a new highway design standard to
implement design objectives of a safe, attractive, fully multimodal
and accessible urban thoroughfare; and
WHEREAS, as a condition of receiving that grant, CalTrans
requires that the City enter into Agreement No. 04A1432.
NOW, THEREFORE, the Council of the City of Palo Alto does
hereby RESOLVE as follows:
SECTION i. The Council hereby approves and authorizes the
City Manager to execute Agreement No. 04A1432 with the State of
California, a copy of which is attached hereto as Exhibit A, acting
by and through its Department of Transportation;
SECTION 2.. This planning study is not considered a
project under the California Environmental Quality Act,and
therefore, no environmental assessment is needed.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:City Manager
Senior Asst. City Attorney
APPROVED:
Chief Transportation
Official
Director of Administrative
Services
Director of Planning and
Community Environment
O11106 syn 0090874
RECEIVE
AUG 06 200!
COOPERATIVE AGREEMENT
Agreement No. 04A1432
CITY OF PALO ALTO
Page 1 of 19
THIS AGREEMENT, ENTERED INTO EFFECTIVE ON JUNE 29TM, 2001, is between the State
of California, acting by and through its Department of Transportation, referred to herein as
DEPARTMENT, and City of Palo Alto, hereinafter referred to as LOCAL AGENCY.
RECITALS
DEPARTMENT and LOCAL AGENCY, pursuant to Streets and Highways Code
Section 130, are authorized to enter into a Cooperative Agreement affecting
State Highways within the jurisdiction of LOCAL AGENCY.
The LOCAL AGENCY’s governing body, under the authority of local ordinances if
applicable is authorized to provide services or funding as described and specified herein
pursuant to the attached LOCAL AGENCY Resolution (see Attachment IV).
DEPARTMENT has requested that LOCAL AGENCY assign LOCAL AGENCY
(PERSONNEL/DESCRIPTION) to perform (DESCRIPTION) for DEPARTMENT.
LOCAL AGENCY and the LOCAL AGENCY (OFFICE/ORGANIZATION) have agreed
to provide (DESCRIPTION) subject to the terms and conditions of this Agreement.
All services performed by LOCAL AGENCY on DEPARTMENT rights of way pursuant to
this Agreement shall be performed in accordance with all applicable federal, state, and
LOCAL AGENCY laws, ordinances, regulations, titles and DEPARTMENT manuals and
procedures.
Based on availability, funding for this SPR Project Work Plan is comprised of the
following:
SPR # F.Y. SPR Work Element Federal SPR State PTA Match Total Fundinq
(#) 00/01 (Work Plan)$192,000.00 $48,000.00 $240,000.00
SECTION I
LOCAL AGENCY AGREES:
LOCAL AGENCY agrees to satisfactorily complete (DESCRIPTION), as described in the
attached Project Description and Scope of Work. (Attachment V)
SECTION II
DEPARTMENT AND LOCAL AGENCY MUTUALLY AGREE:
In consideration of the foregoing and the mutual promises of the parties hereto, the LOCAL
AGENCY and DEPARTMENT agree as follows:
EXHIBIT "A"
Notification of Parties
Agreement No. 04A1432
CITY OF PALO ALTO
Page 2 of 19
LOCAL AGENCY Contract Manager is Virginia Warheit at (650) 329-2364.
DEPARTMENT Contract Manager is Paul Svedersky at (510) 622-1639.
All notices herein provided to be given, or which may be given, by either party to the
other, shall be deemed to have been fully given when made in writing and deposited with
the United State Postal Service registered or certified, postage prepaid, and addressed
as follows:
City of Palo Alto
Dept. of Planning & Community Environment
ATTN: Virginia Warheit, Senior Planner
250 Hamilton Avenue
Palo Alto, CA 94301
=
California Department of Transportation
District 04 - Division of Transportation Planning B
ATTN: Paul Svedersky, Contract Manager
P.O. Box 23660
Oakland, CA 94623
Period of Performance
This Agreement shall begin on the date appearing at the top of the facesheet, contingent
upon approval by DEPARTMENT, and expire on December 31, 2002, unless extended
by amendment.
Changes in Terms/Amendment
The Agreement may only be amended or modified by mutual written agreement of the
parties.
Termination
This Agreement may be terminated by either party for any reason by giving written notice
to the other party at least thirty (30) days in advance of the effective date of such
termination.
Cost Limitation
The total amount payable to LOCAL AGENCY pursuant to this Agreement by
DEPARTMENT shall not exceed $240.000.00.
It is agreed and understood that both an estimate and a contract fund limit are
estimates and that DEPARTMENT will pay only for services actually rendered as
authorized by the DEPARTMENT Contract Manager.
This is a multi-year funded Agreement. LOCAL AGENCY will not commence
work, or exceed any fiscal year allotment as listed below, without the prior written
approval of the DEPARTMENT Contract Manager.
FISCAL YEAR*
2000/2001_
CONTRACT ALLOTMENT
$240,000.00
2001/2002__$0
Agreement No. 04A1432
CITY OF PALO ALTO
Page 3 of 19
TOTAL CONTRACT $240,000.00
(A Fiscal Year begins July 1 and ends on June 30.)
Allowable Costs
a=The method of payment for this contract will be based on actual costs. The State
will reimburse the LOCAL AGENCY for actual costs (including labor costs,
employee benefits, travel, overhead and other direct costs incurred by the
LOCAL AGENCY in performance of the work), not to exceed the amount of
$240,000.00. Actual costs shall not exceed the estimated wage rates and other
estimated costs set forth in Attachment V without prior written agreement
between the State and the LOCAL AGENCY.
Transportation and subsistence costs shall not exceed rates authorized to be
paid non-represented state employees under current State Dept. of Personnel
rules.
Any hourly rate shall include the actual cost of salaries (including overhead and
general administrative costs) and employee benefits (including but not limited to,
vacation, holiday time, and sick leave).
eo
The hourly rate may be adjusted for cost of living increases (with an approved
LOCAL AGENCY resolution or minute order) for the position and class of
LOCAL AGENCY/employee performing work on this Agreement. A copy of this
resolution or minute order must be provided to the DEPARTMENT Contract
Manager prior to any payment being made for any increase in the hourly rate.
DEPARTMENT will reimburse LOCAL AGENCY monthly in arrears as
promptly as DEPARTMENT fiscal procedures permit upon receipt of itemized
signed invoices in triplicate, Invoices shall reference the DEPARTMENT
Agreement No. and shall be submitted to the Contract Manager at the following
address:
California Department of-Transportation
District 04 - Division of Transportation Planning
Attention: Paul Svedersky, Contract Manager
P.O. Box 23660
Oakland, CA 94623
fo Invoices shall include the following information:
2.
3.
4.
Name of the LOCAL AGENCY Personnel performing work
Date of Service
Location of Service (LOCAL AGENCY/route/post mile)
Hours Worked
Americans with Disabilities Act
By signing this Agreement LOCAL AGENCY assures DEPARTMENT that it complies
Agreement No. 04A1432
CITY OF PALO ALTO
Page 4 of 19
with the Americans with Disabilities Act (ADA) of 1990, which prohibits
discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
10.
Material/Supplies
LOCAL AGENCY will be reimbursed for the actual cost of materials/supplies purchased to
be consumed or installed at the DEPARTMENT worksite when required for the
performance of the Agreement (including applicable sales tax), without additional
allowance for markup. Cost of materials/supplies is to be substantiated by a copy of the
appropriately signed invoice verifying the actual cost of the new materials/supplies and the
delivery of the replaced components to DEPARTMENT. LOCAL AGENCY’s costs
associated with the purchase and installation of materials/supplies are considered as a
component of the LOCAL AGENCY’s hourly rate for services that include wages,
overhead, general and administrative expenses and profit.
Equipment Indemnification
LOCAL AGENCY shall indemnify DEPARTMENT against all loss and damage to the
LOCAL AGENCY’s property or equipment during its use under this Agreement and
shall, at the LOCAL AGENCY’s own expense, maintain such fire, theft, liability or other
insurance as may be deemed necessary for this protection. LOCAL AGENCY assumes
all responsibility which may be imposed by law for property damage or personal injuries
caused by defective equipment furnished under this Agreement or by operations of the
LOCAL AGENCY or the LOCAL AGENCY’s employees under this Agreement.
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Mutual Hold Harmless
Nothing in the provisions of the Agreement is intended to create duties or
obligations to or rights in third parties to this Agreement or affect the legal liability
of either party to the agreement by imposing any standard of care with respect to
the operation, maintenance and repair of State highways different from the
standard of care imposed by law.
Neither DEPARTMENT nor any officer or employee thereof is responsible for any
damage or liability occurring by reason of anything done or omitted to be done by
LOCAL AGENCY under or in connection with any work, authority or jurisdiction
delegated to LOCAL AGENCY under this Agreement. It is understood and
agreed that, pursuant to Government Code Section 895.4, LOCAL AGENCY
shall fully defend, indemnify and save harmless DEPARTMENT, its officers and
employees from all claims, suits or actions of every name, kind and description
brought for or on account of injury (as defined in Government Code Section
810.8) occurring by reason of anything done or omitted to be done by LOCAL
AGENCY under or in connection with any work, authority or jurisdiction
delegated to LOCAL AGENCY under this Agreement.
Neither LOCAL AGENCY nor any officer or employee thereof is responsible for
any damage or liability occurring by reason of anything done or omitted to be
done by DEPARTMENT or in connection with any work, authority or jurisdiction
delegated to DEPARTMENT under this Agreement. It is understood and agreed
that, pursuant to Government Code Section 895.4, STATE shall fully defend,
indemnify and save harmless LOCAL AGENCY, its officers and employees from
all claims, suits or actions of every name, kind and description brought for or on
account of injury (as defined in Government Code Section 810.8) occurring by
reason of anything done or omitted to be done by DEPARTMENT under or in
11.
Agreement No. 04A1432
CITY OF PALO ALTO
Page 5 of 19
connection with any work, authority or jurisdiction delegated to DEPARTMENT
under this Agreement.
Non-Discrimination
ao During the performance of this Agreement, LOCAL AGENCY and any
subcontractors shall not unlawfully discriminate, harass or allow harassment,
against any employee or applicant for employment because of sex, race, color,
ancestry, religious creed, national origin, disability (including HIV and AIDS),
medical condition (cancer), age, marital status, denial of family and medical care
leave, and denial of pregnancy disability leave. LOCAL AGENCY and its
subcontractors shall ensure that the evaluation and treatment of their employees
and applicants for employment are free from such discrimination and
harassment. LOCAL AGENCY and its sub-contractors shall comply with the
provisions of the Fair Employment and Housing Act (Government Code, Section
12900 et seq.) and the applicable regulations promulgated thereunder (California
Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations
of the Fair Employment and Housing Commission implementing Government
Code, Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the
California Code of Regulations are incorporated into this contract by reference
and made a part hereof as if set forth in full. LOCAL AGENCY and its
subcontractors shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other
agreement.
LOCAL AGENCY shall include the nondiscrimination and compliance provisions
of this clause in all subagreements to perform work under this Agreement.
C=Appendix A, relative to nondiscrimination on federally assisted projects, is
attached hereto and made a part of this Agreement as Attachment II.
LOCAL AGENCY shall comply with Title Vl of the Civil Rights Act of 1964, as
amended. Accordingly, 49 CFR 21 through Appendix C and 23 CFR 710. 405
(b) are applicable to this Agreement by reference.
12.Fundinq Requirements
It is mutually understood between the parties that this Agreement may have been
written before ascertaining the availability of congressional or legislative appro-
priation of funds, for the mutual benefit of both parties in order to avoid program and
fiscal delays that would occur if the Agreement was executed after that
determination was made.
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This Agreement is valid and enforceable only if sufficient funds are made available
to DEPARTMENT by the United States Government or the California State
Legislature for the purpose of this program. In addition, this Agreement is subject to
any additional restrictions, limitations, conditions, or any statute enacted by the
Congress or the State Legislature that may affect the provisions, terms or funding of
this Agreement in any manner.
It is mutually agreed that if the Congress or the State Legislature does not
appropriate sufficient funds for the program, this Agreement shall be amended to
reflect any reduction in funds.
Agreement No. 04A1432
CITY OF PALO ALTO
Page 6 of 19
DEPARTMENT has the option to void this Agreement under the 30-day termination
clause or to amend this Agreement to reflect any reduction of funds.
13.Records Retention
For the purpose of determining compliance with Public Contract Code Section 10115, et.
seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq., when
applicable, and other matters connected with the performance of this Agreement pursuant to
Government Code Section 8546.7, the LOCAL AGENCY, subcontractors and
DEPAFITMENT shall maintain all books, documents, papers, accounting records, and other
evidence pertaining to the performance of this Agreement, including but not limited to, the
costs of administering this Agreement. All parties shall make such materials available at
their respective offices at all reasonable times during the contract period and for three years
from the date of final payment under this Agreement. DEPARTMENT, the State Auditor,
FHWA, or any duly authorized representative of the Federal government shall have access
to any books, records, and documents of the LOCAL AGENCY that are pertinent to this
Agreement for audits, examinations, excerpts, and transactions, and copies thereof shall be
furnished if requested.
14.Disputes
Any dispute concerning a question of fact arising under this Agreement that is not
disposed of by agreement shall be decided by the DEPARTMENT Contract Officer, who
may consider any written or verbal evidence submitted by the LOCAL AGENCY. The
decision of the Contract Officer, issued in writing, shall be conclusive and binding on
both parties to the Agreement on all questions of fact considered and determined by the
Contract Officer.
b.Neither the pendency of a dispute nor its consideration by the Contract Officer will
excuse the LOCAL AGENCY from full and timely performance in accordance with the
terms of the Agreement.
15.Subcontractors
The LOCAL AGENCY shall perform the work contemplated with resources available
within its own organization and no portion of the work shall be subcontracted without
written authorization by the DEPARTMENT Contract Manager. Any subcontract in
excess of $25,000 entered into as a result of this contract shall contain all the provisions
stipulated in this contract to be applicable to subcontractors.
16.Federal Lobbying Activities Certification
LOCAL AGENCY certifies, to the best of his or her knowledge and belief,
that:
No State or Federal appropriated funds have been paid or will be paid, by or on
behalf of the LOCAL AGENCY, to any person for influencing or attempting to
influence an officer or employee of any State or Federal agency, a Member of the
State Legislature or United States Congress, an officer or employee of the
Legislature or Congress, or any employee of a Member of the Legislature or
Congress in connection with the awarding of any State or Federal contract, the
making of any State or Federal grant, the making of any State or Federal loan, the
entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any State or Federal contract, grant, loan,
or cooperative agreement.
Agreement No. 04A1432
CITY OF PALO ALTO
Page 7 of 19
bo If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee
of any Federal agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the LOCAL AGENCY shall complete and
submit Standard Form-LL., "Disclosure Form to Report Lobbying", in accordance
with its instructions.
Co This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by
Section 1352, Title 31, U. S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
LOCAL AGENCY also agrees, by signing this document, that the language of this
certification shall be included in all lower tier subcontracts, which exceed $100,000,
and that all such subcontractors shall certify and disclose accordingly.
17.Druq-Free Workplace Certification
By signing this Agreement, the LOCAL AGENCY hereby certifies under penalty of perjury under the
laws of the State of California that the LOCAL AGENCY will comply with the requirements of the
Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a
drug-free workplace by doing all of the following:
a.Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations, as required by Government Code
Section 8355(a).
b.Establish a Drug-Free Awareness Program as required by Government Code Section
8355(b), to inform employees about all of the following:
1.the dangers of drug abuse in the workplace,
2.the person’s or organization’s policy of maintaining a drug-free workplace,
3.any available counseling, rehabilitation and employee assistance programs, and
4.penalties that may be imposed upon employees for drug abuse violations.
c.Provide as required by Government Code Section 8355(c) that every employee who works
on the proposed contract or grant:
1.will receive a copy of the company’s drug-free policy statement, and
2.will agree to abide by the terms of the company’s statement as a condition of
employment on the contract or grant.
Failure to comply with these requirements may result in suspension of payments under this
Agreement or termination of this Agreement or both and the LOCAL AGENCY may be ineligible for
award of any future state contracts if DEPARTMENT determines that any of the following has
Agreement No. 04A1432
CITY OF PALO ALTO
Page 8 of 19
occurred: (1) the LOCAL AGENCY has made a false certification or, (2) violates the certification by
failing to carry out the requirements as noted above.
18.Failure to Pay
Should LOCAL AGENCY fail to pay moneys due DEPARTMENT within 30 days of demand
or within such other period as may be agreed between the parties hereto, DEPARTMENT,
acting through the State Controller, may withhold an equal amount from future
apportionments due LOCAL AGENCY.
19.Cost Principles
ao LOCAL AGENCY agrees to comply with Federal procedures in
accordance with Office of Management and Budget Circular A-87, Cost
Principles for State and Local Governments.
LOCAL AGENCY also agrees to comply with Federal procedures in
accordance with 49 CFR, Part 18, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments.
Any costs for which payment has been made to LOCAL AGENCY that are
determined by subsequent audit to be unallowable under Office of Management
and Budget Circular A-87 or CFR 49, Part 18, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments, are subject to repayment by LOCAL AGENCY to DEPARTMENT.
do Any subcontract entered into as a result of this Agreement shall contain all of the
provisions of this Article.
20.Relationship of Parties
It is expressly understood that this is an agreement by and between two independent
governmental entities and that this is not intended to, and shall not be construed to,
create the relationship of agent, servant, employee, partnership, joint venture or
association, or any other relationship whatsoever other than that of an independent
party.
21.Audit Review Procedures
ao Any dispute concerning a question of fact arising under an interim or post audit of
this Agreement that is not disposed of by agreement shall be reviewed by the
Chairperson of the Audit Review Committee (ARC). The ARC will consist of the
DEPARTMENT Deputy Director, Audits & Investigations (Chairperson); Deputy
Director of the functional Program area; the Chief Counsel, Legal Division, or their
designated alternates; and if the Department chooses, two representatives of the
DEPARTMENT’ choosing, from private industry. The two representatives from
private industry will be advisory in nature only and will not have voting rights.
Additional members or their alternates may serve on the ARC.
Not later than thirty (30) days after issuance of the final audit report, LOCAL
AGENCY may request a review by the ARC of unresolved audit issues. The
request for review will be submitted in writing to the Chairperson of the ARC. The
request must contain detailed information of the factors involved in the dispute as
well as justifications for reversal. A meeting by the ARC will be scheduled if the
Chairperson concurs that further review is warranted. After the meeting, the ARC
Co
Agreement No. 04A1432
CITY OF PALO ALTO
Page 9 of 19
will make recommendations to the appropriate DEPARTMENT Chief Deputy
Director. The Chief Deputy Director wil! make the final decision for DEPARTMENT.
The final decision will be made within three (3) months of receipt of the notification
of dispute.
Neither the pendency of a dispute nor its consideration by DEPARTMENT will
excuse the LOCAL AGENCY from full and timely performance, in accordance with
the terms of this Agreement.
For DEPARTMENT Accounting & Audit guidelines, see Attachment Ill.
22.Equipment Purchase (By LOCAL AGENCY)
ao Prior authorization in writing by the DEPARTMENT Contract Manager shall be
required before the LOCAL AGENCY enters into any non-budgeted purchase order
or subagreement exceeding $500 for supplies, equipment, or consultant services.
The LOCAL AGENCY shall provide an evaluation of the necessity or desirability of
incurring such costs.
b°For purchase of any item, service or consulting work not covered in Attachment V.
and exceeding $500, with prior authorization by the DEPARTMENT Contract
Manager, three competitive quotations must be submitted with the request or the
absence of bidding must be adequately justified.
Any equipment purchased as a result of this Agreement is subject to the
following: The LOCAL AGENCY shall maintain an inventory record for each
piece of non-expendable equipment purchased or built with funds provided under
the terms of this Agreement. The inventory record of each piece of such
equipment shall include the date acquired, total cost, serial number, model
identification (on sale, in accordance with established DEPARTMENT
procedures, purchased equipment), and any other information or description
necessary to identify said equipment. Non-expendable equipment so inventoried
are those items of equipment that have a normal life expectancy of one year or
more and an approximate unit price of $5,000 or more. In addition, theft-
sensitive items of equipment costing less than $5,000 shall be inventoried. A
copy of the inventory record must be submitted to DEPARTMENT upon request
by DEPARTMENT.
d°At the conclusion of the Agreement or if the Agreement is terminated, the LOCAL
AGENCY may either keep the equipment and credit DEPARTMENT in an
amount equal to its fair market value or sell such equipment at the best price
obtainable, at a public or private and credit DEPARTMENT in an amount equal to
the sales price. If the LOCAL AGENCY elects to keep the equipment, fair
market value shall be determined, at the LOCAL AGENCY’s expense, on the
basis of a competent, independent appraisal of such equipment. Appraisals shall
be obtained from an appraiser mutually agreeable to DEPARTMENT and
LOCAL AGENCY. If it is determined to sell the equipment, the terms and
conditions of such sale must be approved in advance by DEPARTMENT.
eo CFR 49, Part 18 requires a credit to Federal funds when participating equipment
with a fair market value greater than $5,000 is credited to the project.
fo Any subagreement entered into as a result of this Agreement shall contain all of the
provisions of this article.
Agreement No. 04A1432
CITY OF PALO ALTO
Page 10 of 19
23.Debarment and Suspension Certification
LOCAL AGENCY’s signature affixed herein shall constitute a certification under penalty
of perjury under the laws of the State of California, that LOCAL AGENCY or any person
associated therewith in the capacity of owner, partner, director, officer, or manager:
is not currently under suspension, debarment, voluntary exclusion, or determination
of ineligibility by any federal agency;
has not been suspended, debarred, voluntarily excluded, or determined ineligible
by any federal agency within the past three (3) years;
3.does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgment rendered against it by a
court of competent jurisdiction in any matter involving fraud or official misconduct
within the past three (3) years.
Any exceptions to this certification must be disclosed to DEPARTMENT. Exceptions will
not necessarily result in denial of recommendation for award of this Agreement, but will
be considered in determining LOCAL AGENCY responsibility. Disclosures must
indicate the party to whom the exceptions apply, the initiating agency, and the dates of
agency action.
Agreement No. 04A1432
CITY OF PALO ALTO
Page 11 of 19
ATTACHMENTS:
The following attachments are incorporated and made a part of this Agreement by reference and
attachment.
I.
II.
III.
IV.
V.
Encumbrance Distribution
Appendix A
Accounting & Audit Guidelines
LOCAL AGENCY Resolution
Project Description with Scope of Work and Costs
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first herein above written:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION:
CITY OF PALO ALTO :
By:By:
Title: Contract Officer Title:
Date:Date:
By:
Title:
Date:
By:
Title:
Date:
ATTACHMENT 1
Agreement No. 04A1432
CITY OF PALO ALTO
Page 12 of 19
Encumbrance Distribution
PROGRAM/CATEGORY (CODE AND TITLE)
TRANSPORTATION
(OPTIONAL USE)
FUND TITLE
FEDERAL
ITEM
2660-001-0890 (Federal)
2660-001-0046 (State - PTA)
OBJECT OF EXPENDITURE (CODE AND TITLE)
Dist.Unit Expenditure Authorization
04 I~b 98474304984743
CHAPTER STATUTE
52 2000
FISCAL YEAR
00/01
Special Desic~nation Obiect Code $ Amount
6 MTCPA01 ~/~ 2.$240,000 00
6 MTCPA01 $0.00
FY
00/01
01/02
I hereby cer~fy upon my own personal knowledge that budgeted funds are avaflable for the T.B.A. NO.I B.R. NO.period and purpose of the expenditure stated above IS~G.~E OF ACCO?.T~G 2FFICER
Agreement No. 04A1432
CITY OF PALO ALTO
Page 13 of 19
ATTACHMENT II
Appendix A
STATE OF CALIFORNIA ¯DEPARTMENT OF TRANSPORTATION -DEPARTMENT
APPENDIX A
ADM-1351 (REV.10/98)
Duringthe performance of this Agreement, the LOCAL AGENCY, for itself, its assignees and successors in interest (hereinafter
referred to as the "LOCAL AGENCY ") agrees as follows:
(1) Compliance with regulations: The LOCAL AGENCY shall comply with regulations relative to Title Vl (nondiscrimination in
federally-assisted programs of the Department of Transportation - Title 49 Code of Federal Regulations Part 21 - Effectuation of Title Vl
of the 1964 Civil Rights Act). Title Vl provides that the recipients of federal assistance will implement and maintain a policy of
nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age,
disability,be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the
recipients of federal assistance or their assignees and successors in interest.
(2) Nondiscrimination: The LOCAL AGENCY, with regard to the work performed by it during the Agreement shall act in
Accordance with Title VI. Specifically, the LOCAL AGENCY shall not discriminate on the basis of race, color, national origin, religion,
sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment.
The LOCAL AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s
Regulations, including employment practices when the Agreement covers a program whose goal is employment.
(3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by
Competitive bidding or negotiation made by the LOCAL AGENCY for work to be performed under a subcontract, including procurements
of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the LOCAL AGENCY of the LOCAL
AGENCY’s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color or national
origin.
(4) Information and Reports: The LOCAL AGENCY shall provide all information and reports required by the Regulations, or
Directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and facilities
as may determined by DEPARTMENT or any duly authorized representative of the Federal Government to be pertinent to ascertain
compliance with such regulations or directives. Where any information required of LOCAL AGENCY is in the exclusive possession of
another who fails or refuses to furnish this information, the LOCAL AGENCY shall so certify to DEPARTMENT, or any duly authorized
Federal Agency as appropriate, and shall set forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the LOCAL AGENCY’s noncompliance with the nondiscrimination provisions
of Agreement, DEPARTMENT shall impose such Agreement sanctions as it or any Federal funding agency may determine to be
appropriate, including, but not limited to:
(a) withholding of payments to the LOCAL AGENCY under the Agreement until the LOCAL AGENCY complies, and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
ATTACHMENT III
Agreement No. 04A1432
CITY OF PALO ALTO
Page 14 of 19
ACCOUNTING & AUDIT GUIDELINES FOR
AGREEMENTS WITH DEPARTMENT
INTRODUCTION
The purpose of this information is to outline for you, a potential contractor with the California State
Department of Transportation (DEPARTMENT), the basic elements of an adequate accounting
system, and the types and objectives of audits that will be performed in relation to your contract.
In order to successfully compete for a contract and meet the audit requirements, a contractor
(whether a prime or subcontractor) must have a system of record keeping and internal control.
Although a specific cost accounting system is not required, a contractor needs a system which
will assure compliance with the terms of the agreement. A preaward audit will be performed to
assure you meet these requirements prior to contract execution. If your system is deficient, the
contract will not be executed.
DEPARTMENT reimburses, through your overhead rate, the costs attributable to establishing and
maintaining a cost accounting system.
Staff time and other costs related to an audit performed of your contract are also normally
reimbursed through your overhead rate.
ACCOUNTING SYSTEM
Contractors (whether a prime or subcontractor) planning to contract with DEPARTMENT must
have an accounting system which meets the following objectives:
¯The ability to record and report financial data in accordance with generally accepted
accounting principles.
¯A system of record keeping to ensure that costs billed to DEPARTMENT are:
a.Supported by adequate documentation.
In compliance with the terms of the contract and applicable Federal and State
regulations specified in the contract.
¯A system of record keeping which ideally includes the following:
a.A General Ledger
b.Job cost ledger
c.Labor distributions
d.Time records
e.Subsidiary journals
Chart of accounts
g.Financial statements
Agreement No. 04A1432
CITY OF PALO ALTO
Page 15 of 19
The ability to accumulate and segregate reasonable, allocable (incurred solely for a project)
and allowable (per terms of the contract) costs through the use of a cost accounting system.
The following are some of the attributes which would ideally be found in such a system:
ao A chart of accounts which includes indirect and direct general ledger accounts.
Indirect costs are not specifically identified to a project, for example, rent and/or
utilities. Direct costs are specifically identified with a project, for example,
drafting hours and/or design hours.
b.Segregation of costs by contract, category of cost and milestones (if applicable).
Proper recording of direct and indirect costs. For example, recording of labor
costs should provide that non-project indirect hours be recorded on a timesheet
and in the accounting records to an administration, vacation, sick leave or other
indirect cost account/code. Direct project hours should be recorded on a
timesheet and in the accounting records to a direct project cost account/code.
Consistent accounting treatment of costs in recording and reporting. For
example, if travel expense is charged directly to a project, all travel expense
incurred on any project should be considered a direct cost. As a result, project
related travel, whether reimbursable per the contract terms or not, should not be
included as an indirect cost.
Ability to trace from invoices submitted to DEPARTMENT to job cost records and
original, approved source documents, for example, timesheets, vendor invoices,
canceled checks.
f.Ability to reconcile job cost records to the accounting records.
Compliance with cost principles described in the Code of Federal Regulations 48, Federal
Acquisition Regulations System (FAR), Chapter 1, Part 31. Information on how to obtain this
regulation is described under "Audit Criteria" in this brochure.
Procedures to monitor and adjust projected overhead rates to actual rates.
¯Controls to ensure that written approval is obtained prior to any changes to the contract.
¯Procedures to retain accounting records and source documentation as required by the terms
of the contract.
A system of internal control which provides reasonable assurance that assets are protected;
financial data, records and statements are reliable; and errors and irregularities are promptly
discovered, reported, and corrected. The elements of a system of internal control should
include, but not be limited to, the following:
Separation of duties for proper protection of assets. Incompatible duties are
those that place any person in a position to both perpetrate and conceal errors or
irregularities in the normal course of business. For example, the person who
writes checks should be different from the person who reconciles bank
statements and the person who purchases goods should be different from the
person who receives goods.
Do Limiting access to assets to only authorized personnel who require these assets
in the performance of their assigned duties. For example, blank check stock
should be locked in a safe when not in use.
Agreement No. 04A1432
CITY OF PALO ALTO
Page 16 of 19
Authorization and record keeping procedures which provide effective accounting
control over assets, liabilities, revenues, and expenditures.
A system of practices to be followed in the performance of duties and functions.
Such a system normally includes policies and procedures which establish the
purpose and requirements of the accounting system. For example,
timekeeping practices should ideally provide for the following:
Timesheets be prepared, signed, and dated by all employees.
Timesheets be completed in non-erasable ink.
Timesheet corrections be crossed-out and initialed by the employee.
Timesheets be signed by a supervisor as reviewed and retained on file
as required by the contract.
e.Personnel with skills and training commensurate with their responsibilities.
A system of internal review. For example, bank reconciliations and travel
expense claims should be reviewed approved and signed by a supervisor.
AUDITS
Contractors, whether a prime or subcontractor, performing under a negotiated contract with
DEPARTMENT are subject to the following audits:
PREAWARD AUDITS
Prior to the award of a contract, the DEPARTMENT Audits and Investigations will conduct a
preaward audit to determine if the contractor’s accounting system is adequate to accumulate and
segregate costs as detailed in the previous section and to determine if the proposed costs are
reasonable. The audit alerts both the contractor and DEPARTMENT management to problems
relative to the contractor’s cost proposal and cost accounting system. Due to time constraints in
the award process, your cooperation in scheduling the preaward audit with short.notice will
expedite the execution of your contract.
INTERIM AUDITS
Interim audits are performed on an as needed basis. During the preaward audit, if it is
determined that the contractor’s accounting system is new or minor deficiencies are noted, an
interim audit is scheduled to determine that the system is functioning adequately to ensure that
billed costs are supported and that any deficiencies were corrected. An interim audit may be
requested by the contract administrator or by DEPARTMENT management to address concerns
during the course of the contract. Also, an audit manager may initiate an interim audit of a long
duration contract to ensure that costs reimbursed to date are allowable.
POST AUDITS
Post audits of contracts are performed, routinely after project completion. Post audits are
performed to determine whether the costs claimed are allowable, allocable, reasonable, and in
compliance with the Federal and State laws and regulations as well as the fiscal provisions
stipulated in the contract. The examination includes reviews of applicable laws and regulations,
the contract requirements and the contractor’s internal controls systems. Audit tests of the
contractor’s accounting records and other auditing procedures considered necessary will also be
performed. Applications of all audit procedures would also be governed by the individual contract
Agreement No. 04A1432
CITY OF PALO ALTO
Page 17 of 19
under audit. Unsupported or unallowable costs are normally the result of weaknesses in the
accounting system and will be reimbursed to DEPARTMENT.
To provide contractors with a procedure for obtaining prompt and equitable resolution to a dispute
arising from a post-audit of a non-highway construction cost reimbursement contract,
DEPARTMENT has established an Audit Review Committee (ARC). Information explaining the
ARC should be found in your contract and/or as an attachment to the post-audit report.
AUDIT CRITERIA
For specific information regarding basic cost accounting systems and applicable State and
Federal regulations, please see the following:
Code of Federal Requlations 48, Federal Acquisition Requlations System, Chapter 1, Part 31
This regulation contains cost principles and procedures for the pricing of contracts/subcontracts
and the determination, negotiation, or allowance of costs. Contact:
Superintendent of Documents
Government Printing Office
Washington, DC 20402
Washington D.C.
San Francisco
Los Angeles
(202) 783-3238
(415) 512-2770
(213) 239-9844
California State Administrative Manual
A reference source for statewide policies, procedures, regulations, and information. Contact:
Office of State Publishing
Department of General Services
(916) 445-2295
For review of the above references, contact your local library or the California State Library.
California State Library/Library and Courts Building
914 Capitol Mall
P. O. Box 942837
Sacramento, CA 94237-0001
Information: (916) 654-0261
For assistance in establishing an accounting system which will meet the objectives outlined in this
brochure, you should contact an accountant and/or bookkeeper who is familiar with cost
accounting systems.
DEPARTMENT is an affirmative action employer. Equal opportunity is offered to all regardless of
race, color, creed, national origin, ancestry, sex, marital status, disability, religious or political
affiliation, age or sexual orientation. Contractors that contract with DEPARTMENT are
responsible for taking necessary and reasonable steps to achieve these same goals.
ATTACHMENT IV
Agreement No. 04A1432
CITY OF PALO ALTO
Page 18 of 19
LOCAL AGENCY Resolution
(Resolution provided by LOCAL AGENCY through Requester)
Agreement No. 04A1432
CITY OF PALO ALTO
Page 19 of 19
ATTACHMENT V
PROJECT DESCRIPTION WITH SCOPE OF WORK AND COSTS
(To be provided by Requester or LOCAL AGENCY)
Executed copy will be attached.
PASO ~
PART !11
SCOPE OF SERVICES
REQUEST FOR PROPOSALS (RFP) NO. 140012
TO PREPARE A MASTER SCHEMATIC DESIGN PLAN
FOR EL CAMINO REAL (STATE ROUTE 82) IN PALO ALTO
Scope of Work
A.,Purpose and Need
The City of Palo Alto is soliciting the services of an interdisciplinary
transportation/urban design team to prepare a Master Schematic Design Plan for
El Camino Real (State Route #82) in Palo Alto. This project is sponsored by the
City of Palo Alto Divisions of Planning and Transportation in collaboration with
California Department of Transportation (Caltrans),- District 4 in accordance with
Cooperative Agreement No. 04A1432.
Palo Alto has received a Federal Highway Administration-Caltrans Community
Based Transportation Planning Grant to explore flexibility in highway design
standards that better accommodate the urban conditions on in-town highways,
using El Camino Real in Palo Alto as a demonstration site. The result of this
planning effort will provide the City of Palo Alto with a schematic design plan that
can be used to seek construction grant funding for implementing transportation
and urban design improvements to El Camino Real. It will assist Caltrans in
responding to requests for Context-Sensitive Design solutions from jurisdictions
where state highways function as urban arterials or Main Streets.
The overall goal of this project is to change the character of El Camino Real from
a highway designed primarily for motor vehicle mobility to an aesthetically.
attractive, fully multimodal urban thoroughfare that functions safely and
effectively as a transportation corridor and projects a positive image of the City.
This study will require a consultant team with a broad and diverse experience
and expertise, including public participation, urban design, landscape
architecture, transportation planning, pedestrian and bicycle circulation, traffic
engineering, civil engineering, and urban forestry. Additionally, the team must
be knowledgeable about and have direct experience with the current Federal
Highway Administration nation-wide program in Context-Sensitive Design and
include at least one team member who is a recognized expert in this area.
Successful experience with Caltrans projects is highly desirable. The lead
consultant may be either an Urban DesignlLandscape Architecture firm or a
Transportation PlanninglEngineering firm.
B.Back.qround
The current design of this section of El Camino Real (State Route #82) in Palo
Alto dates from the 1960’s when the previously two lane road was widened and
redesigned to modern highway standards. At that time, the uses along the road
were mainly low intensity roadside commercial and industrial uses. In the
intervening years, the adjacent land use has changed and intensified until today
the road passes through a fully developed urban area.
The city’s Comprehensive Plan adopted in 1998 recognized significant
transportation and urban design issues on El Camino Real arising from the
incompatibility of the state highway and the surrounding development, and it
anticipated further intensification of land use along E1 Camino Real. The
Comprehensive Plan identifies El Camino Real as possibly the city’s "most
recalcitrant community design problem", and includes several policies and
programs to address these urban design and transportation issues:
Poficy L-66: Maintain an aesthetically pleasing street network that helps
frame and define .the community while meeting the needs of pedestrians,
bicyclists, and motorists.
Poficy L-71: Strengthen the identity of important community gateways,
including the entrances to the city at Highway 101, El Camino Real and
Middlefield Road; the Caltrain stations; entries to commercial districts; and
Embarcadero Road at El Camino Real.
Program L-33: Study ways to make South El Camino Real more pedestrian-
friendly, including redesigning the street to provide wider sidewalks, safe
pedestrian crossings at key intersections, street trees, and streetscape
improvements.
Program L-34: Provide better connections across El Camino Real to bring
the Ventura and Barron Park neighborhoods together and to improve
linkages to local schools and parks.
With the recent increase in redevelopment of obsolete buildings and
underutilized parcels along El Camino Real, the need for a more pedestrian-
.oriented street environment and safe pedestrian crossings is becoming more
urgent. Some new neighborhood-serving uses on south El Camino Real attract
large numbers of young people to the street after school. Housing projects
recently completed and under consideration could add several hundred more
housing units to the area. Stanford University is proposing to develop up to two
million square feet of new academic buildings and up to 3,000 housing units over
the next few years, some of it to be located near El Camino Real. A major
expansion of the Stanford Shopping Center adjacent to El Camino Real will be
completed this year.
A special pedestrian crossing issue arises from the need for students attending
five schools in the south El Camino Real area to cross El Camino Real to go to
and from school. A community based school safety effort is currently underway
through.the Safe Routes to Schools Through Safe Communities project that will
evaluate the routes to and from schools within the Ventura and Barron Park
¯ neighborhoods and crossing El Camino Real.
El Camino Real is an important part of the public transportation system in Palo
Alto and the region. The most heavily used bus line in Valley Transportation
Authority’s system, Bus Line #22, runs the length of El Camino Real and serves
Palo AIto’s two Caltrain multimodal stations located at University Avenue and
California Avenue. VTA has undertaken the Line #22 Rapid Bus Corridor Project
to enhance the Line #22 corridor. The first phase of the VTA project will add
queue-jump lanes at selected intersections, with improvements to the
streetscape and other amenities for bus riders to be provided in later phases of
the project.
A group of local community leaders recently formed a nonprofit organization, the
Trees for El Camino Project, for the purpose of planting several thousand shade
trees along the length of El Camino Real in Palo Alto. This organization has set
a goal of raising over one million dollars to purchase and plant the trees.
El Camino Real has played an important role in the history and culture of
California. From San Diego to San Francisco, it is a designated California State
Historical Landmark (#784), and a segment of the street in Palo Alto is part of the
National De Anza Trail.
C.Description of Project Site Conditions
The project site is the Caltrans right of way. (property line to property line) along
the entire length of El Camino Real (State Route #82) within Palo Alto. (See
attached map)
El Camino Real traverses the City of Palo Alto for a distance of about 4.3 miles
between the city’s northern and southern boundaries. The.street has a distinctly
different character in the northern and southern parts of the city.
The northern segment, extending about 1.6 miles from San Francisquito Creek to
Park Boulevard, has long distances between intersections and few street-fronting
uses. The entire west side of this segment is bordered by Stanford Shopping
Center and the campus edge of Stanford University. Along the east side of the
street are large-scale uses such as a major hotel, a medical facility, a shopping.
center and a city park. The public right of way. along this segment of the street
varies in width from about 110 to 140 feet. Traffic flow data (1999) for the
northern segment shows 42,000 Average Daily Trips and 85th percentile speed of
43 mph. The posted speed limit is 40 mph.
The southern segment, extending about 2.7 miles from Park Boulevard to Adobe
¯ Creek, has frequent intersections and nearly continuous street fronting
commercial uses on relatively small, shallow parcels. Residential neighborhoods
are immediately behind this narrow band of commercial uses on both sides of the
street. For much of this section, the street has the general character of an auto-
oriented regional commercial strip; however, there are also neighborhood-serving
commercial uses and some multiple family projects fronting onto the street. The
width of the public right of way in this area varies from about 80 to 120 feet.
Traffic flow data (1999) shows 50,000 Average Daily Trips and 85th percentile
speed of 39 mph. The posted speed is 35 mph.
D.Objectives of the Project
The Transportation objectives of the project are to provide safe, comfortable
conditions in the public right of way for all mode users (pedestrian, bicyclists,
vehicle drivers, transit riders) while continuing to convey traffic in an acceptable
manner. To achieve these objectives the design plan will:
¯Enhance safety, particularly for bicycles and pedestrians
¯Enhance transit services and facilities, in the short-run (bus) and in the
long run (potentially light rail or fixed guideway bus).
¯Preserve the function of El Camino Real as.an intercommunity arterial,
thus avoiding traffic shifts into neighborhoods adjacent to El Camino Real
¯Increase the alternative mode share of travel along the El Camino corridor
through enhancements to the safety, convenience and pleasantness of
travel on the corridor by transit, on foot, and by bicycle.
The Urban design objectives of the project are to improve the appearance of the
street consistent with its role and status as the primary thoroughfare of the City
and a designated California Historic Landmark. The design of the street should
reflect its importance in the history and culture of the city, the region and the
nation. Components of a successful design for the street would include:
¯A coherent and memorable urban design concept for the street
¯Street furnishings and a street tree and landscape planting scheme that
provide continuity and support the overall design concept
¯Substantial tree canopy over the street and sidewalks
¯Sidewalks and pedestrian crossings designed to provide safe, attractive.
and distinctive pedestrian zones
E. Work Scope
The consultant team would conduct the necessary data gathering and analysis,
and prepare preliminary design concepts, alternative design plans and a final
Master Schematic Design Plan for El Camino Real at sufficient detail that it can
be used by the city to apply for construction grant funding to construct the
proposed improvements.
The work scope has been divided into five main Tasks. The Transportation
consultant, the Urban Design/Landscape Architect consultant, and other
members of the consultant team as needed, will collaborate on all phases of
work throughout the project.
Task 1. Existinq Conditions and Desi.qn Criteria
Identify critical issues, review existing conditions, gather and analyze data,
and develop design criteria.
a) Data Collection and Analysis
The following information will be provided to the consultant by the city:
¯Electronic data showing approximate street configuration, rights of
way, above ground and underground infrastructure and land use
information forthe project area in Microstation, AutoCAD and/or
GIS files
¯Results of a Plan Line Study expected to be completed in mid-
2001
¯Accident data
The consultant will supplement or gather additional information as
necessary to fulfill the project objectives. This may include:
Conduct field observations of the project area to observe existing
conditions during both day and evening, weekends and weekdays,
and to verify the accuracy of existing maps and data.
Compile data on corridor travel including vehicular speed, volume,
classification, and turning movements; transit ridership and on and
off counts; and pedestrians and bicycle volumes on and alongside
the street and crossing at intersections. Data must be sufficient to
perform operational analysis of existing conditions and proposed
changes to road geometry.
¯Compile and analyze accident data.
¯Analyze both existing level of service and projected 2020 level of
service at selected signalized intersections.
Evaluate potential for vehi~;le progression at a more consistent but
slower speed, including possibilities for improved signal
coordination.
¯Conduct field safety audits for bicycles and pedestrians using the
corridor. At representative locations, analyze sight distance,
pedestrian crossing distance and time as well as barriers and
obstructions .and ADA accessibility, with the objective of making the
street fully accessible and fully multimodal.
Evaluate ways to meet (on a corridor wide basis) Congestion
Management Agency standards. Evaluate transit, bike, and
pedestrian demand to 2020 and alternatives for meeting alternative
modes demand.
b)
c)
Provide vehicle trip and person trip volume projections to the year
2020. Evaluate potential for a modal shift away from single
occupant travel to alternative modes.
Develop project design criteria, based on input from city staff, the
Advisory Group, the results of field observations and data analysis.
The project design criteria will include subjective and objective
elements. These criteria may include aesthetics, cost, level of
community support, environmental impacts, and measurable
performance standards for desired transportation patterns after
implementation (e.g., desired 85th percentile speeds, changes in
volumes, turning movements, congestion, bicycle and pedestrian
circulation, safety). These performance standards will help shape the
design alternatives and will be used to evaluate their success after
implementation.
Meet with Advisory Group to discuss existing conditions, data
collection and analysis process and development of project design
criteria.
Products of this Task: Advisory Group Meeting; Interim Report #1
summarizing existing conditions, describing data collection and analysis,
discussing critical issues, and identifying projectdesign criteria.
Task 2. Preliminary Concept Plans
Prepare and evaluate preliminary concept plans. Prepare educational
outreach materials and conduct Community Forum #1.
A new, creative approach to the allocation of space within the public right
of way will be required in order to satisfy all of the transportation
requirements and improve the urban design quality of the street. Three
critical factors will shape and limit other design options: design speed,
number of travel lanes, and lane widths.
a)Develop a series of preliminary design concept plans. The concept
plans will be general, diagrammatic plans of measures applied along
6
b)
c)
d)
segments of El Camino Real selected to represent the various right of
way widths and other site conditions present on the street. The
concept plans will include design approaches that can be applied
either separately or in combination. These approaches may address
lane width, number and configuration of lanes, median islands,
intersection modifications, roundabouts, pedestrian crossings, street
trees, bulb-outs, modifications to traffic signals, special paving
treatment, etc.
Prepare brief evaluations of each of the concepts in terms of pros and
cons and its ability to meet the design criteria.
Evaluate trade-offs in allocating right-of-way for such competing
uses as vehicle throughput (i.e. lane width and number of travel
lanes, turning lanes and pockets), bicycle lanes, landscape
medians and parkways, bus transit, potential future rail transit, and
added sidewalk width, while preserving the function of El Camino
as a major arterial. Consider the effects of these trade-offs, the
functional effects and effects on nearby residential neighborhoods
(i.e. potential for traffic shift). This evaluation should be conducted:
a) for current conditions; b) in response to modal shifts toward
alternative modes; and c) for the year 2020.
For each concept, identify ways in which the concept would require
flexibility in current highway design standards. Provide supporting
evidence and rationale to justify alternatives to existing highway
standards, and coordinate with appropriate Caltrans
representatives.
Explore a variety of urban design treatments with different character
and aesthetic qualities, and involve the community in developing a
preferred overall urban design concept for the street.
Develop presentation and educational outreacli materials to inform the
public about relevant transportation and urban design principles. The
purpose is to broaden awareness, provide a common frame of
reference and encourage participation by members of the community.
For example, these might include a slide presentation at the
Community Forum showing successful examples of urban arterials in
other cities, and a self-guided tour of streets in the Bay Area selected
to illustrate various streetscape characteristics and design options.
The educational materials should be in a format that can be used by
neighborhood groups and other community organizations to solicit
broad community participation.
e)Hold Advisory Group meeting to review and discuss the pros and cons
of various preliminary concept plans and urban design treatments.
f)Plan and Conduct Community Forum#1.. The Community Forum
should educate the public about relevant urban design and
transportation issues and concepts and encourage their active
involvement in the development of project alternatives.
Products of this Task: Advisory Group Meeting; Community Forum #1;
Educational Outreach Materials; Preliminary Design Concept Plans; Interim
Report #2 that will describe and evaluate preliminary transportation and
urban design concepts and treatments, and discuss application of flexibility
in highway design standards.
Task 3. Desiqn Alternatives
Develop and compare two alternative plans, and conduct Community
Forum #2.
a)From the preliminary concepts, develop two alternative schematic
design plans in more detail, providing cross-sections, elevations,
diagrams, .traffic analyses and right-of-way configurations. Provide
detailed technical anal)sis of each alternative, and provide descriptions
and rationale for major features of each alternative.
b)Provide a schematic street tree planting plan for each alternativel
showing the number and placement of large canopy trees that each
plan can accommodate in the medians and along the sidewalks.
c)Prepare an integrated analysis of the two alternative plans, evaluating:
Motor vehicle level of service, speeds, traffic patterns and spill-over
traffic
Bicycle and pedestrian usage
Suitability for existing and future transit service
Impacts on noise, pollution and the environment
Emergency vehicle response times
Parking availability
Itemized cost estimates to construct and maintain
Need for flexibility in existing highway design standards
d) Meet with Advisory.Group to review the two alternative plans.
e)Conduct Community Forum #2. The Community Forum will present
and evaluate the two alternative schematic design plans, provide
information about the choices and trade-offs, and provide the City
Council a basis for assessing the level of community support for
various options addressed in the plans.
Products of this Task: Advisory Group meeting; Community Forum #2;
Two preliminary schematic design plans; Summary Report
Task 4. Draft final schematic desi_qn plan
Present two alternative plans at Public Hearings, and select a preferred
alternative.
a)Hold public hearings with the Architectural Review Board, the Planning
and Transportation Commission, and the Public Arts Commission on
the two preliminary schematic plans.
b) Hold Advisory Group meeting to identify the recommended alternati,~e.
c)Based on the results of the two Community Forums, the public
hearings before the review Boards and Commissions, and comments
from the Advisory Group and city staff, select a preferred alternative
and .revise the selected alternative to reflect input from the review
process.
d)For the preferred alternative, provide a schematic street tree and
landscape plan including: recommended tree species and plant
materials; below ground soil conditions necessary for the trees to
develop to the desired size; a conceptual maintenance plan; and
general cost estimates to install and maintain the proposed trees and
landscaping.
Products of this Task: Advisory Group meeting; three public hearings
before the.ARB, PTC, and PAC; Draft final schematic plan; Draft Final
Report
Task 5. Final Schematic Desiqn Plan and Final Report
Present the preferred alternative plan for review by City Council and revise
based on Council direction.
a)Present the Draft final schematic design plan and Draft final report to
the City Council.
b)Modify the Draft final schematic design plan and Draft final report in
response to City Council direction.
Products of this Task: City Council public hearing; Final Schematic
Design Plan; Final Report
F.Community Participation
The city will assemble an Advisory Group of about twelve special interest
stakeholders and representatives of city Boards and Commissions. The
consultant will meet with the Advisory Group at least once during development of
each of the main project Tasks 1-4.
During Task 2, the consultant will develop educational outreach materials to
encourage and facilitate broad community participation.
The consultant will plan and conduct two Community Forums, the first during
Task 2, the second during Task 3.
During Tasks 4 and 5, the consultant will make presentations at a total of four
public hearings before the Architectural Review Board, the Public Arts
Commission, and Planning and Transportation Commission, and the City
Council.
At least once during each of the main Tasks 1-5, the consultant will prepare a
press release and a project update for the city’s Website.
G.Summary of Meetings and Deliverables
¯Agendas and Minutes for all meetings
¯Meetings with city staff and Caltrans representatives- as needed
¯4 Advisory Group meetings
¯2 Community Forums
¯4 Public Hearings
¯4 Plan Iterations:
Preliminary Design Concepts;Two Preliminary Schematic Designs; Draft
Final Schematic Plan; Final Schematic Design Plan
¯5 Reports:
Interim Report #1; Interim Report #2; Summary Report; Draft Final Report;
Final Report
¯Educational Outreach materials
¯5 Press releases and project updates for posting on city Website
Provide all agendas, minutes and reports in electronic format suitable for posting
on the city’s Website, in addition to paper copies. Provide 20 copies of all items,
except provide 40 copies of the Draft Final Report, and provide 80 copies of the
Final Report.
10
H. Selection Criteria
The following criteria will be used to evaluate proposals:
1.Completeness of responses to the Request for Proposals and evidence of
understanding the purpose, objectives and requirements of the project.
Composition and expertise of the consultant team, the Project Manager, and
the time to be spent by each team member. The consultant team must
include expertise in transportation planning, pedestrian and bicycle
circulation, traffic engineering, urban design, landscape architecture, public
participation, civil engineering, and urban forestry. The team members must
be knowledgeable about and have direct experience with Context-Sensitive
Design and at least one team member must be a recognized expert in this
area.
3.Responsiveness to time requirements and demonstrated means to complete
the project within the project schedule.
Demonstrated recent experience with similar type and quality of work
expected in this project, including design of urban arterial streets and
Context-Sensitive Design. Successful experience with Caltrans projects is
highly desirable.
5.Demonstrated experience and skill in responding to community and special
interest concerns.
6.Electronic data, graphic, and other visual representation capabilities of the
consultant team.
7.Estimate of required resources, including proposed fee relative to the services
to be provided, and projected Palo Alto staff time in assisting consultants.
Selection of a consultant is based on the best qualified proposal within the
project budget.
I.Pre-proposal Conference
A pre-proposal conference will be held on October 18, 2001, at 1:00 p.m. in the
City Council Conference Room at Palo Alto City Hall, 250 Hamilton Avenue, Palo
Alto, CA. All prospective proposers are strongly encouraged toattend.
J.Evaluation Procedures
At least three, but not more than six consultant teams responding to the RFP will
be selected to be interviewed. Interviews are tentatively scheduled for the week
of November 12, 2001. Based upon the responses to the RFP, the interview,
and information provided by references, the preferred candidate will be selected
to enter into negotiations for a contract with the city.
K.Project Schedule and Resources
The project is expected to start on or before January 7, 2002, and to be
completed, including review and approval of the City Council prior to December
1,2002. Proposals should clearly demonstrate how the required services can be
provided within this time frame. While the actual cost of performing the required
services is to be determined through the proposal selection and negotiation
process, the total amount of the contract is not expected to exceed $280,000.
L.Proposal Guidelines
A suggested format for the consultant’s response to this Request for Proposals is
indicated below. These guidelines are intended to facilitate the review and
evaluation of the consultant responses. Consultants are requested, but not
required, to follow these guidelines.
Project Statement
Prepare a brief, general statement indicating the consultant’s understanding
of the nature of the project and the services to be provided.
Proposed Work Program
Identify specific major tasks and related work elements to accomplish the
proposed services. Include for each work element:
a. a statement of OBJECTIVE indicating its purpose
b. a statement of PROCEDURE indicating how the work will be
accomplished
c. a statement of OUTPUT indicating what information and products are to
be provided, and
d. a statement of RESOURCES, person-days and dollar costs, estimated to
complete the work.
3. Schedule
Prepare a work schedule indicating total time for each work element.
o Resource Summary
Present a summary of the estimates of person-days and total dollar costs for
each work element. Any out-of-area travel expenses should be identified.
Staffing
Identify specific individuals proposed for this project, including:
a. their project responsibilities
b. their specific experience related to their responsibilities on this project
c. estimated level of effort (person-days) for each person, and
d. personal resumes
o References
Provide three references (name, address, and telephone number) for recent
similar consulting work. If you have completed projects within the Bay Area,
provide locations where this work can be observed.
7. Documents
Complete and return with your proposal all required proposal documents
"CO~IDOR PROJECT ~ o
~~I_~
22 Planning January 2001
From Highway to My Way ATTACI-IMENT B
By Reid Ewing
You know the world is changing when
everyone from the Federal Highway
Administration to state and local
sensitive"
"
desi
N
OW that the nation’s highways are
nearly complete, transportation
professionals are aiming their sights
on local communities and the in-
herent links between transporta-
tion systems and surrounding land uses.
There is alot of confusion about exactly what
constitutes context-sensitive highway design,
what latitude exists under current standards
and guidelines, what tort liability attaches to
such efforts, and what effect context-sensitive
designs will have on traffic safety and service
levels. This article seeks to sort out myth from
fact.
Main Street destroyed
In the course of writing Best Development
Practices (1996; APA Planners Press), I visited
every medium-sized town with any historic
character in the state of Florida. I was on a
quest for the best traditional small towns in
the state, hoping to find lessons applicable to
contemporary development projects. Unfor-
tunately, I found very few good examples,
mostly because of what was happening along
Main Street. Main Street, usually part of the
state highway system, no longer functioned as
a comfortable shopping street. It was too
wide, and on-street parking had been removed,
street trees replaced with asphalt, and side-
walks narrowed. Strip commercial develop-
ment seemed the only practical land use. The
traditional towns that did end up in the book,
such as Dade City, had somehow managed to
evade the standard DOT definition of
"progress."
The problem of context-insensitive high-
ways is not, of course, unique to Florida, nor to
small towns, nor to state highways. Instead of
gracious boulevards, avenues, and shopping
streets, America’s urban areas are crisscrossed
by arcerials and collectors that move traffic but
have no power to move mens’ souls.
DOTs vs. dots
Here are several examples proving that change
is in the air. U.S. Route 6 narrows to two lanes
as it runs through the town of Brooklyn,
Connecticut. Sight distance is less than 250
feet at one point, driveways are closely spaced,
and there is litde roadside clearance should a
23
driver lose control. Yet traffic speeds through
the town still range up to 54 mph.
A 1991 state plan sought to correct these
dangerous conditions by widening the road to
four lanes, straightening the alignment, and
adding eight-foot shoulders. The village ap-
pealed the plan to the Federal Highway Ad-
ministration under the National Environmental
Policy Act, and the Connecticut Department
of Transportation was sent back to the draw-
ing board.
ConnDOT’s next proposal was a bypass
around the town, which was also rejected.
Finally, after years of additional planning, a
compromise was reached in 1998. It keeps
the existing alignment through the town
center, retains the two-lane cross section,
adds narrow shoulders and sidewalks, and
realigns the road marginally at the most dan-
gerous curve. Reconstruction will be com-
pleted in 2003.
In Anchorage, Alaska, engineers proposed
the conversion of 15th Avenue into a one-way
couplet with 14th Avenue after a safety study
documented high accident rates and substan-
dard geometrics. However, residents of the
adjacent Rogers Park neighborhood had seen
one-way couplets in operation in midtown,
and this was exactly what they didn’t want.
The couplets moved traffic efficiently but di-
vided the community much as a freeway would.
And so began a four-year process of rede-
sign that in 1998 resulted ina four-lane, tree-
lined boulevard on the east end, and a nar-
rowed three-lane cross section on the west.
When construction is completed later this
year, lanes will be maintained at their current
ll-foot width, and shoulders excluded. In-
stead of a shoulder, a wide gutter pan will
provide a refuge area and bike-friendly sur-
face. Sidewalks will be set back from the street
for the first time.
In Westminster, Maryland, the base layer
of East Main Street needed reconstruction,
underground utility lines had to be replaced,
and the storm drain system needed upgrad-
ing. After Checking the Maryland R_9_oadway
Design Manual, the district engineer pro-
posed widening the road to 40 feet. Widening
would have provided 12-foot travel lanes and
eight-foot parking lanes on each side. It also
would have eliminated nearly all street trees
and reduced the sidewalk width to two feet in
places.
After learning about the widening, a local
resident began a campaign to preserve the
street’s historic character. She appealed to the
mayor, who convinced the Maryland State
HighwayAdministration to reconstruct within
the street’s existing dimensions. The result is a
classic main street with "bulb out" curb exten-
sions at intersections, midblock crosswalks, .
hundreds of additional street trees, and brick
surfacing in the crosswalks.
In these and many other cases uncovered in
our research, the need for road improvements
was undeniable, but standard design solu-
tions were unacceptable to the people most
affected by them--those along the right-of-
way. The resulting tension between DOT
and community goals led to compromise and
context-sensitive designs.
Reform at the top
Before 1991, all roads built in the U.S. and paid
for even in part with federal funds had to meet
guidelines in the American Association of State
Highway and Transportation Officials
(AASHTO) "Green Book" (A Policy on Geo-
metric Design of Highways and Streets). If
officials wanted to do something different, their
only options were to seek design exceptions
from the Federal HighwayAdministration or to
build entirdy with state and local funds.
The Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA) changed all
that by creating a National Highway System
made up of the interstate ~ystem and other
high-performance state highways, 160,000 miles
of roadway in all.
Other roads became eligible for federal fund-
ing under a separate surface transportation
program. For roads not on the NHS, ISTEA
gave states latitude to adopt alternative de-
sign, safer5,, and construction standards.
ISTEA was followed by two other mile-
stones. The National Highway System Act
of 1995 provided that even NHS highways
(other than interstate highways) could be
designed to take into account the environ-
mental, scenic, aesthetic, historic, commu-
nity, and preservation impacts of any pro-
posed activity. Two years later, the Federal
HighwayAdministration published Flexibil-
ity in Highway Design, which forcefully ad-
vocates flexible design of highways running
through communities, encouraging highway
designers to exercise flexibility within exist-
ing AASHTO guidelines.
Reform in the states
At the state level, much of the effort to pro-
mote context sensitivity has been process- and
people-oriented. Five states (Connecticut,
Kentucky, Maryland, Minnesota, and Utah)
are participating in a joint FHWA/_AASHTO
training program. Many states, including New
Jersey, have launched training efforts of their
own. The New Jersey training consists of five
day-long sessions on such unconventional topics
(at least for highway engineers) as placemaking,
respectful communication, and negotiation
and conflict management.
While such efforts are laudable, they inevita-
bly run up against engineering constraints un-
less DOT standards and policies are revised.
Michael King, a consultant on the NJDOT
flexible highway design project, surveyed 21
states to find out about their efforts to develop
new standards and policies. As evident in the
accompanying table, substantive changes are
happening at the state level now.
24 Planning Januan.’2001
Don’t blame the Green Book
King found that few states have adopted sub-
AASHTO geometric standards. Among those
that have, deviations from Green Book values
are relatively slight. The difference between
the cross-sectional width of a two-lane urban
arterial under Vermont’s much heralded de-
sign standards and that under the Green Book
minimums is only three feet (43 vs. 46 feet).
Notably, Dave Scott, director of project de-
velopment and keeper of the Vermont stan-
dards, has advised our New Jersey study team
not to recommend anything less than AASHTO
minimums because there is little to gain on
urban main streets.
This is not to say that the AASHTO Green
Book is.without shortcomings. Its design guide-
lines are often based on studies dating from a
time when tires, braking systems, pavements,
and vehicle dimensions were less forgiving
than today’s. However, these guidelines mostly
affect the design of high-speed rural roads.
The issue in the New Jersey study is whether
good urban streets can be accomplished un-
der AASHTO guidelines.
Here are some of the AASHTO guidelines
for urban arterials:
¯ Design speed. AASHTO allows design
speeds as low as 31 mph in central business
districts and intermediate areas. Posted speeds
would ordinarily be considerably lower.
¯ Lane width. The minimum lane width is
9.8 feet for urban arterials with lirtle or no
truck traffic. A minimum of 10.8 feet is pre-
scribed for general traffic on urban arterials
designed for speeds up to 37 mph.
¯ Setback of street trees. On curbed sec-
tions, the minimum clearance from the curb
face is 1.6 feet. A 3.3-foot clearance is consid-
ered desirable, particularly near intersections
and driveways where turning vehicles may
overhang the curb.
¯ Midblock crosswalks. AASHTO is neu-
tral on these.
¯ On-street parking. Parallel parking is al-
lowed where adequate street capacity is avail-
able.
¯ Corners. Corner radii of 9.8 to 13.7 feet
are reasonable under constrained conditions.
On arterials, carrying high volumes, larger
radii are recommended (in some cases, much
larger) to facilitate turns to and from the
through lanes.
¯ Pedestrian refuge islands. Median islands
are enc~ouraged where space permits.
¯ Sidewalks. The minimum border width,
including sidewalk and planting strip, is 7.9
feet; 11.8 feet is preferred.
¯ Barrier curbs. Barrier curbs are encour-
aged in areas of high pedestrian traffic and
speeds up to 37 mph, or on discretionary
basis, up to 50 mph. At higher speeds, barrier
curbs do not act as barriers an)~,ay.
The conclusion: It appears that we cannot
place too much blame on the Green Book for "
the sorry state of urban streets.
Liability isn’t the issue, either
Governments used to have general immunity
from tort liability, but that has changed since
the 1960s, as various courts and legislatures
made it possible for individuals and groups to
sue in cases where government fails to exercise
due care in its decisions.
Government decisions are now divided into
two classes: discretionary (planning decisions)
and ministerial (operational decisions). Dis-
cretionary decisions involve a choice among
valid alternatives and are generally immune
from tort claims. Ministerial decisions leave
minimal leeway for personal judgment and
are not immune.
As part of our study for New Jersey DOT,
we surveyed statutory and recent case law in
16 states. With the sole exception of local
roads in Vermont, all states had replaced sov-
ereign immunity with more limited discre-
tionary immunity.
New Jersey has a Tort Claims Act that
leaves the state almost completely immune
from tort liability resulting from design-re-
lated decisions. All it takes is for the right
body or person to approve a design (or the
At least a dozen states are changing d~e standards and policies covering their main streets.
In Sarasota
S.~rings, New
York, U.$. 9
changesj~om a
semi-rural
highway with a
55 mph speed
limit m a three-
lane urban
road with a
30 mph ~eed
limit, all
within a stretch
of l, aoo f et.
standards on which a design is based).
At the other extreme is Georgia, whose su-
preme court held in DOTv. Brown (! 996) that
the design of a roadway is an operational func-
tion, not covered by discretionary immunity:
"Only the decision to build, and not where or
how it is built, is immune." Between these
extremes are states such as California and South
Carolina, which provide design immunity but
allow it to lapse as conditions change.
From our 16-state survey, we did not find
tort liability much of an excuse for the sorry
state of urban streets. Instead, we have identi-
fied some real culprits.
Put the blame here
The AASHTO Green Book offers design poli-
cies and guidelines, not standards. For each
design element, AASHTO typically provides
a range of acceptable values, from a minimum
value to a more desirable target value.
For an AASHTO guideline to become a
standard, it must be adopted by a responsible
agency. Many states have adopted standards
toward the middle or upper end of the
AASHTO ranges, on the theory that if some
is good, more is better. County and city engi-
neers have then blindly adopted state stan-
dards.
As noted, Maryland’s lane width standards
would have encroached on trees and side-
walks in the town of Westminster. Those
standards exceededAASHTO minimums. Not
only were these particular standards thrown
out, but the experience convinced Bob Douglass,
the Maryland State HighwayAdministrafion’s
deputy chief engineer, that the standards should
be thrown out wholesale.
In 1998, Douglass wrote a memo banning
the use of the state’s highway design manual.
He found that the templates were generally
oversized (especially stopping sight distance
and vertical curves) and stymied creativity
among engineers. The agency was losing legal
challenges when an element was below the
state minimum value, but above the Green
Book value. Now the agency relies exclusively
on the Green Book.
In the wrong class
Another culprit is misclassiflcation of streets.
Streets and highways in this country are clas-
sified by location--urban or rural--and by
function: arterial, collector, and local. There
is a direct relationship between classification
and design standards. Classification determines
design speed, design vehicle, and cross section
(lane width, shoulder width, and type and
width of median).
26 Planning January2001
The U.S. classification system has been
criticized for ignoring distinctions among con-
texts and among roadway functions. An ur-
ban arterial conforms to the same basic stan-
dards whether it is a main street or a bypass.
Misclassification of streets commonly oc-
curs for two reasons. A small town, village, or
hamlet fails to meet the census definition of
urban because it lacks a population of at least
5,000 and a density of at least 1,000 persons
per square mile. That community may end up
with a main street designed to rural standards.
This was true in Brooklyn, Connecticut, be-
fore the compromise described at the begin-
ning of this article.
The simple solution to this problem is to
treat any place that is built up as urban,
regardless of its census designation. The Fed-
eral HighwayAdministration policy is simple:
If it looks urban, use urban standards.
The other common case ofmisclassiflcation
occurs as road functions change over time. In
Westminster, Maryland, East Main Street had
always been part of Maryland State Route 32.
It began functioning more like a local street
when the State Road 140 bypass opened.
Accordingly, this portion of Route 32 was
removed from the Maryland state highway
system after the street was reconstructed, and
the city assumed responsibility for its opera-
tion and maintenance. Other examples of
reclassification include Sunset Drive in South
Miami and Spring’rid Avenue (N.J. Route
124) in Maplewood, New Jersey.
Level of disservice
Level-of-service standards are yet another cause
for concern. While there is a legal imperative
to provide safe roads, there is no such reason
to provide free-flowing roads. Some conges-
tion may be desirable in a dmvntown. After
all, a downtown without traffic isn’t a very
exciting downtown.
Virtually all DOTs have adopted level-of-
service standards. Typically, the standard for
urban areas is C or D, while the standard for
suburban areas is B or C. As traffic volumes
increase to the point where the standard is no
longer met, a road and its intersections often
will be widened regardless of the effects on
adjacent land uses.
The alternative is to accept congestion in
areas that function as destinations. Since 1993,
Florida has allowed its local governments to
exempt streets through downtowns and ur-
ban redevelopment areas from level-of-service
standards. The effective standard becomes
level-of-service F. Many cities and towns have
taken this option.
West Palm Beach, for example, has adopted
level-of-service E as its standard and is seeking a
complete exemption from level-of-service stan-
dards for much of the city. This city keeps an
eye on both low volume-to-capacity ratios (less
than 0.6) and high ones (greater than 0.9). A
low volume-to-capacity ratio may offer an op-
pormnity--a place where the street can be
narrowed and street life encouraged by means
of widened sidewalks, on-street parking, and
landscaped curb extensions and islands.
It is worth noting that severalof the con-
The standard cross section
Nearly all state DOTs include typical sec-
tions-another culprit--in their road design
manuals. If an area is classified as urban, and a
road is functionally classified as a principal
arterial, the typical section for an urban prin-
cipal arterial becomes the default roadway.
Typical sections inhibit flexible and con-
text-sensitive design in two ways. First, where
right-of-way is constrained, something must
be sacrificed to maintain standard travel lanes:
the sidewalk, landscape buffer, parking lane,
Su~uet Drive in South Miami, Florida, is one of many roads around the country that
have been reclassified to the ben~t~t of the su,’ounding communiO,.
text-sensitive projects we studied have im-
proved or at least maintained roadway level-
of-service despite narrowed roadways. How?
Through clever treatment of intersections,
where most delays occur.
or bike lane. Also, there is the tendency to
adopt a single, typical section for an entire
stretch of road, even when conditions change
along its length. Having a single typical sec-
tion is convenient for the design engineer and
27
construction crew, but it is not good policy.
A dramatic example, to be featured in our
upcoming guidebook for New Jersey DOT, is
found in Saratoga Springs, New York. South
Broadway (U.S. 9) changes from a four-lane,
semi-rural highway with a striped median and
posted speed of 55 mph to a three-lane urban
road with a raised median, single northbound
lane, and posted speed of 30 mph, all in a
stretch of 1,800 feet.
By all accounts, the section in question would
have been reconstructed as a uniform four-lane
road, but for two things. First, in 1999, the
New York State DOT started an environmen-
tal initiative, with context-sensitive design at
its heart. Second, the highway passes Saratoga
Spa State Park, the Lincoln Baths, and the
Museum of Dance. Something special, more
like a gateway, was required. Ultimately, a
series of roadway sections were built that make
a smooth transition from the high-speed semi-
rural environment to the south to the low-
speed urban environment to the north.
The three Rs
At least in theory, roads that are being resur-
faced, restored, or rehabilitated (so-called 3R
projects) do not have to be upgraded to cur-
rent geometric standards. In some states, 3R
projects are instead subject to special stan-
dards below those of AASHTO---~th the
blessing of the Green Book. By contrast, un-
der state and federal policies, roads recon-
structed down to their bases must be brought
up to current standards.
In a constrained main street environment,
there is no reason to treat 3R and reconstruc-
tion projects differently. In both cases, de-
signers already know how a road performs
based on historical accident and other data.
The Maryland State Highway Administra-
tion reached this conclusion recently, and
now leaves existing cross sections alone unless
there is a documented crash problem.
Exceptions to the rules
The Federal Highway Administration grants
design exceptions on the National Highway
System, and the same is true for state or local
DOTs on non-NHS roads. Between 1997
and 1999, New Jersey DOT engineers re-
quested and received design exceptions for 81
projects, including most major highway projects
undertaken by the state.
From our review of the 81 reports, excep-
tions were commonly granted for substan-
dard shoulder width, substandard banking on
horizontal curves, and substandard stopping
sight distance on vertical curves. The process
appears flexible--but exceptions are typically
requested in order to save money, not to
preserve context.
Here is a typical scenario: A road is being
reconstructed, and a sharper curve must to be
straightened to meet the standard for hori-
zontal curvature. However, someone’s house
or business would be taken, some park or
cemetery would be encroached on, a lot of
extra asphalt would have to poured, or some
other big expense would be incurred.
And so the design engineer chec -ks accident
statistics for the location in question, focusing
on the types of accidents associated with sub-
standard horizontal curves, and finds that the
curve generates only an average number of
accidents compared to state norms. Noting
that substantial costs can be avoided by allow-
ing a substandard horizontal curve, a design
exception is requested and granted.
Sometimes context also is taken into ac-
count, as with a road and bridge project in an
historic district of Oxford Township, New
Jersey. But that is a rare occurrence.
Let’s use common sense
Gary Toth, one of the overseers of our re-
search at New Jersey DOT, keeps saying that
context sensitive design is just a matter of
common sense. If the designer understands
the transportation context, the safety and mo-
bility needs to be addressed, and then uses
common sense to fit sound engineering prin-
ciples into the environmental and c_ommu-
niry context, a design will emerge that repre-
sents the best of both worlds.
On 15th Avenue in Anchorage, Alaska, the
first common sense decision was to divide the
roadway section into three segments because
traffic turns off as one heads west. Daily vol-
umes drop from 22,000 at one end of the
avenue to 4,000 at the other, implying very
different cross sections. Focusing on the
westernmost segment, the second common
sense decision was to drop a lane, from four to
three, the center lane becoming a continuous
left-turn lane.
In a third common sense decision, the top
westbound lane was replaced with a five-foot
sidewalk and landscape buffer between the
road and sidewalk. By reducing the number
of lanes, the state is also reducing the amount
of snow to be cleared, and creating more
storage space for it in the landscape buffer.
With Anchorage’s low sun angle, and the
sun blocked by buildings and trees, the engi-
neers expect that three additional weeks of
bare pavement a year will result from the
decision to place the sidewalk on the north
side of the street rather than dropping an
eastbound lane and placing the sidewalk on
the south side.
The final exercise of common sense was to
seek several design exceptions. Some stopping
and intersection sight distances, curb return
radii, shoulder widths, and clearances to ob-
structions will remain substandard. However,
the-project will still improve safety and, with
the design exceptions in place, cost about a
third as much.
What’s next
Because AASHTO has been responsible for, or
at least been blamed for, so much of what of
what we don’t like about urban streets in this
country, it seems fitting to end on a positive
note from an AASHTO draft document.
"The notion of designing a ’high quality,’
low speed road is counterintuitive to many
highway engineers, yet it is in many cases the
approptiate solution .... Context sensitive
design in the urban environment often in-
volves creating a safe roadway environment [by
encouraging drivers] to operate at low speeds."
The document then offers a qualified en-
dorsement of traffic calming, something un-
imaginable five years ago.
Reid Ewing is a researchprofessor at Rutgers Univer-
sity and the research director of the Surface Trans-
portation Policy Project in Washington, D.C. This
article is an outgrowv.h of the Flexible Design Stan-
dards for Communities project, conducted by Rutgers
University under contract with the New Jersey-De-
partment of Transportation.
In print. Federal Highway Administration,
Flexibili9, in Highway Design, Washin~on,
D.C., 1997. Harold Peaks and Sandra Hayes,
"Building Roads in Sync With Community
Values," Public Roads, Federal Highway Ad-
ministration, March/April 1999. Portland
Metro, Creating Livable Streets: Street Desi~
Guidelines for 2OqO, Portland, Oregon, 1997.
North Carolina Department of Transporta-
tion, Traditional Neighborhood Development
(TND) Guidelines, Raleigh, North Carolina,
2000. Oregon Department of Transporta-
tion, Main Street... u,hen a highway ~ns
through it: A Handbook for Oregon Communi-
ties, Salem, 1999. Conservation La~v Founda-
tion, Take Back Your Streets: How to Protect
Communities fi’om Asphalt and Traffic, Con-
cord, New Hampshire, 1998. Reid Ewing,
Traj~% Cabning: State-of-the-Practice, Insti-
tute of Transportation Engineers, 1999.
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE:
SUBJECT:
NOVEMBER 13, 2001 CMR:417:01
RESOLUTION APPROVING A COOPERATIVE AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND CALTRANS FOR THE
EL CAMINO REAL CALTRANS COMMUNITY-BASED PLANNING
GRANT PROJECT
RECOMMENDATION
Staff recommends that Council adopt the attached Resolution approving a Cooperative
Agreement between the City of Palo Alto and Caltrans, which would allow the City to be
reimbursed by federal and state matching funds up to $240,000. These funds will be used to
prepare a Master Schematic Design Plan for E1 Camino Real.
BACKGROUND
Last year, Caltrans established a new Office of Community Planning (OCP) to address the
statewide need for community-sensitive approaches to transportation decision-making. One
of the functions of OCP is to administer the newly-created Community Based Transportation
Planning (CBTP) demonstration grant program. This grant program supports planning
studies that showcase examples of livable community concepts and encourage smart growth,
and that can then be used to seek grant funds for constructing the improvements.
City staff submitted a proposal for a CBTP demonstration grant to study improvements to E1
Camino Real (State Route 82) in Palo Alto that would increase safety, efficiency and comfort
for all mode users (vehicle drivers, transit users, bicyclists and pedestrians) and present a
more attractive urban design image. The proposal also included exploring flexibility in the
application of highway design standards where exceptions to current standards may be
required to achieve the project objectives. The Palo Alto project would serve as a prototype
for in-town or "main street" highways, where flexibility in highway design is needed to
accommodate the urban conditions along these streets.
CMR:417:01 Page 1 of 4
Allowing flexibility in the application of highway design standards in relation to the unique
conditions of the surrounding community was encouraged in the 1991 Intermodal
SurfaceTransportation Efficiency Act (ISTEA) and further emphasized in the 1995 National
Highway System Act. Since then, "context-sensitive" highway design has become an
objective of progressive transportation agencies across the country. New context-sensitive
policy directives are currently under review at Caltrans. For a review of background and
issues in context sensitive highway design see the article "From Highway to My Way" by
Reid Ewing, Planning Magazine, January 2001, attached to this report.
The Palo Alto grant was approved by OCP in the amount of $240,000. The grant requires
a 20 percent match ($48,000) from the City. The Palo Alto proposal was co-sponsored by
the regional Caltrans District 4 office in Oakland, and the project will be a collaborative
effort between the City and Caltrans District 4.
DISCUSSION
The overall goal of this project is to change the character of E1 Camino Real from a highway
designed primarily for motor vehicle mobility to a fully multimodal, aesthetically attractive
urban thoroughfare that functions safely and effectively as a transportation corridor and
projects a positive image of the city. The project area is the Caltrans right of way (property
line to property line) for the 4.3 miles of E1 Camino Real in Palo Alto from the north city
limit at San Francisquito Creek to the south city limit at Adobe Creek.
As staff indicated in the grant proposal to Caltrans, the grant will be used to fund a consultant
team to prepare a concept plan identifying improvements along E1 Camino Real that would
result in a more attractive, safer thoroughfare. The consultant team to be hired for this
project will be an interdisciplinary team with expertise in transportation planning and
engineering, pedestrian and bicycle circulation, urban design, landscape architecture, urban
forestry and public participation. The transportation consultant, the urban design/landscape
architecture consultant, and other members of the consultant team as needed will collaborate
on all phases of work throughout the project.
The final product of the project will be a schematic design plan that will be used to solicit
state and federal grant funding for implementation of identified improvements. The
schematic plan will also be used to as a guide to coordinate the design of individual street
improvement projects that are implemented incrementally by Caltrans, Valley Transportation
Authority (VTA) or by private developers of projects along E1 Camino Real.
Opportunities for the community to participate in the project will be provided through an
advisory group of interested stakeholders, two community forums, four public hearings
before City boards and commissions and the City Council, and press releases and project
updates on the City’s website. In addition, educational outreach materials will be prepared
for use by neighborhood groups and other community organizations.
CMR:417:01 Page 2 of 4
Interdepartmental and interagency coordination is an essential part of this project. City staff
in the Divisions of Planning and Transportation and the Department of Community Services
are coordinating several planning efforts currently underway in the City, including the
Zoning Ordinance update, the Safe Routes to Schools project, development of interim
Landscape Design Guidelines for E1 Camino Real, development of Architectural Design
Guidelines for E1 Camino Real, the ground floor retail ordinance, and review of current
development projects along El Camino Real. In addition, City staff is coordinating with the
citizen-led Trees For E1 Camino project and the E1 Camino Real planning and design efforts
currently underway in Menlo Park, Redwood City and Stanford, and with the Santa Clara
Valley Water District culvert replacement project over Adobe Creek. When this project
commences, interagency coordination will expand to include Caltrans OCP in Sacramento
and Caltrans District 4 in Oakland, the VTA, and the cities of Los Altos, Mountain View and
Menlo Park with adjacent sections of E1 Camino Real.
For additional information about the background, description, and scope of the project, see
the appended Scope of Services included as Attachment V to the Cooperative Agreement
(page 19). Minor revisions may be made to the Scope of Services during contract
negotiations.
RESOURCE IMPACT
Approval of this agreement will allow the City to be reimbursed by Community Based
Transportation Planning funds up to $240,000, to prepare a Master Schematic Design Plan
for E1 Camino Real. The grant requires a 20 percent City match of $48,000, for a total
project budget of $288,000. The $48,000 city matching funds will be provided from the
$75,000 allocated in the CIP 2000-01 budget item no. 10113 for E1 Camino Real Design
Guidelines. Staff will actively seek grant funding for any recommendations that come out
of this study. After the Resolution is approved, staff will request a Budget Amendment
Ordinance to create a new CIP. The new CIP will allow the City to accept and expend grant
revenue.
POLICY IMPLICATIONS
The recommendation in this report is consistent with and will help implement Policies and
Programs in the Comprehensive Plan, particularly the following. Program L-33: "Study
ways to make South E1 Camino Real more pedestrian-friendly, including redesigning the
street to provide wider sidewalks, safe pedestrian crossings at key intersections, street trees,
and streetscape improvements." Program L-34: Provide better connections across E1
Camino Real to bring the Ventura and Barron Park neighborhoods together and to improve
linkages to local schools and parks." Policy L-66: "Maintain an aesthetically pleasing street
network that helps frame and define the community while meeting the needs of pedestrian,
bicyclists, and motorists." Program T-16: Evaluate the extension of a light rail line along
El Camino Real from Mountain View through Palo Alto to Menlo Park."
CMR:417:01 Page 3 of 4
TIMELINE
The grant funds will be available to the City when the City Council has approved the
Resolution authorizing the Cooperative Agreement. A project consultant team is expected
to be selected and a contract negotiated during November, with the contract to be presented
to City Council for approval in December, 2001. Work on the project will begin in January,
2002 and will be completed by December 31, 2002.
ENVIRONMENTAL REVIEW
Execution of the Cooperative Agreement does not constitute a project for purposes of the
California Environmental Quality Act (CEQA). The preparation oft he Master Schematic
Design Plan for E1 Camino Real is exempt from CEQA pursuant to Section No. 15262
(Feasibility and Planning Studies).
ATTACHMENTS
A. Resolution including Cooperative Agreement (note Scope of Services begins on page 19)
B. Article, "From Highway to My Way," by Reid Ewing, Planning, January 2001
PREPARED BY:
VIRGINIA WARHEIT
Senior Planner
DEPARTMENT HEAD REVIEW:
LES WHITE
Interim Director, Planning and Community Environment
CITY MANAGER APPROVAL:
Senator Byron Sher
Assemblyman Joe Simitian
EMILY HARRISON
Assistant City Manager
CMR:417:01 Page 4 of 4