HomeMy WebLinkAbout2000-03-06 City CouncilCity of Palo Alto
City Manager’s Re t
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:MARCH 6, 2000 CMR:126:00
SUBJECT:APPROVAL OF A BUDGET AMENDMENT ORDINANCE FOR
$30,100 AND REQUEST FOR AN INCREASE IN CHANGE ORDER
AUTHORITY WITH O’GRADY PAVING FOR PAGE MILL
ROAD/FOOTHILL EXPRESSWAY IMPROVEMENTS (CIP 19073)
RECOMMENDATION
Approve a Budget Amendment Ordinance (BAO) for $30,100 to increase Capital
Improvement Project (CIP) 19073, Major Intersection Improvements. The funding
will come from Pacific Gas and Electric (PG&E) ($10,100) and Santa Clara County
($20,000). (See Attachments A and B).
Increase the contract change order authority with O’Grady Paving for contract
C90112268 from $143,500 to $173,600. The increase is requested to reimburse
proje.ct funds for the protection of a PG&E gasline and to upgrade intersection
landscaping and/or pathways.
DISCUSSION
Improvements to the Page Mill/Foothill intersection are currently in progress, and include
traffic signal upgrades, bicycle and turn lanes improvements, and median and
roadside landscaping. The intersection is under the jurisdiction of Santa Clara County,
which has responsibility for maintenance of the road. Due to the intersection’s
importance as a main thoroughfare into the City, staff has, with County approval, taken
the lead role for design, construction and funding.
During construction a 24-inch gas line was discovered at a shallower depth than had been
shown on the plans. In order to protect the gas line from potential future damage by
excavation equipment, PG&E requested that the City install a concrete cap over the
gasline. PG&E will provide $10,100 to reimburse the City for the cost of this work (see
Attachment C, Item 3).
CMR:126:00 Page 1 of 2
As a result of budgetary constraints, the City had eliminated or reduced the scope of.
certain landscaping and pathway improvements that had originally been planned as part
of the project. Santa Clara County has recently identified funds that could be used to
Upgrade some of these landscaping or footpath improvements.The Coun~ will
contribute up to $20,000 towards this work.
RESOURCE IMPACT
The attached BAO requests an additional appropriation of expenses and has no impact on
the Budget Stabilization Reserve and no future year General Fund ongoing costs are
anticipated as a result of this BAO. Attachment B summarizes the BAO’s approved to
date in 1999-00 that impacts the General Fund Budget Stabilization Reserve. This
attachment also estimates future year ongoing costs associated with BAO’s approved to
date to provide a projection for the future resource needs from the General Fund for those
programs approved after the adoption of the 1999-00 Budget.
TIMELINE
ImProvements to the intersection are expected to be substantially complete in March
2000.
ENVIRONMENTAL ASSESSMENT
An Environmental Assessment recommending a Negative Declaration was approved by
Council on July 28, 1997.
ATTACHMENTS
Attachment A: Budget Amendment Ordinance
Attachment B: Budget Amendment Ordinances Impacting the General Fund Approved to
Date in 1999-00
Attachment C: First Amended Landscape Maintenance Agreement Page Mill Road/Page
Mill Expressway/Junipero Serra Blvd./Foothill Expressway
PREPARED BY: Karen Bengard, Senior Engineer, Public Works
DEPARTMENT HEAD:
GLENN S. ROBERTS
Directo/’~f Public Works
CITY MANAGER
APPROVAL://__JUNE ~LE~
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City Mana~.r~]
CMR:126:00 Page 2 of 2 "
ATTACHME NT A
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 1999-00 TO
PROVIDE AN ADDITIONAL APPROPRIATION OF $30,100 FOR THE
MAJOR INTERSECTION IMPROVEMENTS CAPITAL PROJECT NUMBER
19073
WHEREAS, pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Council on June 28,
1999 did adopt a budget for fiscal year 1999-00; and
WHEREAS, the Major Intersection Improvements Capital
improvement Program Project 19073 was established to fund
improvements to reduce traffic congestion and improve traffic flow;
and
WHEREAS, the Page Mill/Foothill intersection is under the
jurisdiction of Santa Clara County, which is responsible for
maintenance of the road; and
WHEREAS, due to the intersection’s importance as a main
thoroughfare into the City, staff has, with County approval, taken
the lead role for funding and implementing the design and
construction of improvements; and
WHEREAS, improvements to the Page Mill/Foothill intersection
are currently in progress, and include traffic signal upgrades,
bicycle and turn lane improvement, as well as median and roadside
landscaping; and
WHEREAS, Pacific Gas and Electric (PG&E) requested that the
CitY install a concrete cap over a gas line underneath the Page
Mill/Foothill intersection to prevent future damage by excavation
equipment and will fully reimburse the City for the cost of this
work; and
WHEREAS, Santa Clara County requested that the City continue
certain landscaping and pathway improvements that had been
eliminated or reduced due to budgetary constraints and will
contribute up to $20,000 for the cost of this work; and
WHEREAS, City Council authorization is needed to accept and
expend the revenue from PG&E and Santa Clara County for the work
described above; and
WHEREAS, the additional appropriation of funds requested has
no impact on the Budget Stabilization Reserve and no future year
General Fund ongoing costs are anticipated as a result of this
ordinance; and
WHEREAS, City Council authorization is needed to amend the
1999-00 budget as hereinafter set forth.
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SECTION i. Revenue in CIP Project Number 19073 is increased
by the sum of Thirty Thousand One Hundred Dollars ($30,100) for
receipt of funds from Pacific Gas and Electric ($20,000) and Santa
Clara County ($i0,i00) o
SECTION 2. The sum of Thirty Thousand One Hundred Dollars
($30,100) is hereby appropriated to Capital Improvement Program
Project Number 19073, Major Intersections Improvements.
SECTION 3 This transaction will have no impact on reserves.
SECTION 4 As specified in Section 2.28.080(a) of the Palo
Alto Municipal Code, a two-thirds vote of .the City Council is
required to adopt this ordinance.
SECTION 5. The Council approved a Negative Declaration for
this project on July 28, 1997.
SECTION 6. As provided in Section 2.04.350 of the Palo Alto
Municipal Code, this ordinance shall become effective upon adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:City Manager
Senior Asst. City Attorney Director of
Services
Administrative
Director of Public Works
City of pJo Alto
ATTACHMENT B
Budget Amendment Ordinances Impacting General Fund Reserves,Approved-To-Date in 1999-00
Estimated Beginning Budget Stabilization Reserve (BSR) Balance
Adopted Budget Addition to BSR
Downtown Urban Design Improvements, CIP 19608
Salary and Benefit Increases Retroactive to July 1, 1999 for Management
and Confidential Employees
City Manager Executive Recruitment
Friends of the Palo Alto Library Grant
Arts Council of Santa Clara County Grant
Palo Alto Art Center Foundation Donation
Cost of Sound Wall for Tennis Facility at 3005 Middlefield Rd.
IT Strategic Plan
Citizens Options for Public Safety (COPS)
Local Law Enforcement (LLE) Block Grant
Downtown Parking Structure Feasibility Study, CIP 19530
Golf Course Management Agreement
City Membership in ChildrenFirst Back-up Child Care Center
Police Department Table of Organization Change
Animal Services Fees
Major Intersection Improvements, CIP 19073
$18,877,888
$1,214,000
($120,349)($120,349)
($432,200)($432,200)($432,20~
($26,000)($26,000)
($58,000)$58,000 $0
($5,407)$5,407 $0
($10,000)$10,000 $0($50,00O)($50,000)
($250,100)$60,534 $189,566 $0 ($317,917
($135,901)$135,901 $0
($26,192)$26,192 $0
($308,000)($308,000)
($34,100)$103,900 -$69,800
($26,000)($26,000)($26,00~
($10,000)$0 ($7,00~
($1,200)$1,750 $550 $1,70
($30,100)$30,100 $0 $0
BSR Balance After BA O’s $19,199,689
As of 2/29/00
ATTACHMENT C
FIRST AMENDED LANDSCAPE MAINTENANCE AGREEMENT
Page Mill Road/Page Mill Expressway/Junipero Serra Blvd./Foothill Expressway
THIS LANDSCAPE MAINTENANCE AGREEMENT ("Agreement") is made and
entered into as of the ~ day of ,1999, by the City of Palo Alto, a ehart~ere_d
city, 250 Hamilton Avenue, Palo Alto, CA 94301, ("Applicant") and the COUNTY OF
SANTA CLARA, a political subdivision of the State of California ("County"), collectively
referred to herein as the "Parties" and individually, a "Party".
RECITALS
WHEREAS, the County is the fee Owner(s) of that certain real property located at
¯ Page Mill Road/Page Mill Expressway/Junipero Serra Blvd./Foothill Expressway City of
Palo Alto, County of Santa Clara, State of California, which property is more particularly
described on Exhibit "A" at*ached hereto and incorporated herein by reference (the "Property"),~
and which property is depicted in the map attached hereto as Exhibit "B"; and
WHEREAS, certain landscaping (the "Landscaping") is being iristalled and constructed
within the County right-of-way along Page Mill Road/Page Mill Expressway/Junipero Serra
Blvd./Foothill Expressway as shown on Exhibit "B"; and
WHEREAS, subject to and in accordance with the terms and conditions.of this
Agreement, the Applicant has agreed to retain all responsibility for the ordinary maintenance and
repair of the Landscaping; and
WHEREAS, the Parties desire to memorialize these agreements in writing.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties hereby agree as follows:
1.Incorporation. The above Recitals are hereby incorporated herein and made a part
hereof.
Maintenance and Repair. The Applicant shall, at no cost or expense to the County, at
all times during the term hereof maintain, or cause to be maintained, the Landscaping
in good, dean and orderly condition (the "Maintenance"). The Maintenance shall
consist of the following: (a) trimming, clipping and mowing the Landscaping as
necessary to keep the same in good, clean and orderly condition; (b) removing all
papers, debris, filth and refuse to the extent necessary to keep the Landscaping in
good, clean and orderly condition; and (e) pruning and trimaning the trees and shrubs
as necessary, in such a manner as to not interfere with sight clearance for pedestrian
and vehicle traffic on adjacent roadways; (d) maintaining and repairing irrigation
systems exclusively serving the Landscaping; and (e) paying all costs and expenses~
for the water used to irrigate the Landscaping. In no event shall the Maintenance
include: (i) maintaining, repairing or replacing public utilities; (ii) maintaining,
repairing or replacing street lights, traffic signals or related fixtures or equipment; (iii)
FIRST AMENDED LANDSCAPE MAINTENANCE AGREEMENT
Page Mill Road/Page Mill Expressway/Junipero Serra Blvd./Foothill Expressway
maintainin, g, repairing or replacing storm drains, sewers or any other subsurface
imprc~vements, except as specifically provided otherwise in (d) above; or, (iv)
maintaining, repairing or replacing street improvements adjacent to the Landsqapi_ng,
including, without limitation, curb and gutter:
J Installation of Landscapinl~. County agrees to contribute a total of twenty-five
thousand dollars ($25,000.00) towards the initial installation of the landscaping or
pathway improvements. All other installation costs shall be the responsibility of
Applicant.
Indemnification and Insurance. The Applicant shall indemnify, defend, and hold
harmless the County of Santa Clara (hereinafter "County") and, its officers, agents
and employees from any claim, liability, loss, injury or damage arising out of, or in
connection with, performance of this Agreement by Applicant and/or its agents,
employees or sub-contractors, excepting only loss, injury or damage caused by the
sole negligence or willful misconduct ofpersormel employed by the County. It is the
intent of the parties to this agreement to provide the broadest possible coverage for
the County. The Applicant shall reimburse the county for all costs, attomeys’ fees,
expenses and liabilities incurred with respect to any litigation in which the Applicant
is obligated to indemnify, defend and hold harmless the County under this
Agreement.
The Applicant shall maintain a program of self-insurance and/or insurance for general
liability and ~vorkers’ compensation coverage in the amount of at least one million
dollars per occurrence and in the aggregate. This coverage shall remain in force
during the entire term of this Agreement. The Applicant shall provide evidence in the
form of an opinion of legal counsel that the required coverage is in place.
Attorney’s Fees..In the event a Party commences a legal proceeding to enforce any of
the terms of this Agreement, the prevailing Party !n such action shall have the right to
recover reasonable attorneys’ fees and costs from the other Party, to be fixed by the
court in the same action. The term "legal proceedings" as used above shall be
deemed to include appeals from a lower court judgment and it shall include
proceedings in the Federal Bankruptcy Court, whether or not they are adversary
proceedings or contested matters. The term "prevailing Party as used above in
reference to proceedings in the Federal Bankruptcy Court shall be deemed to mean
the prevailing Party in any adversary proceeding or contested matter, or any other
actions taken.by the non-bankrupt Party which are reasonably necessary to protect its
rights under the terms of this Agreement.
6.Recordation. This Agreement shall be recorded in the appropriate public records of
Santa Clara County, California.
7. Term. This Agreement shall remain in effect until terminated by mutual agreement of
¯ the Parties or pursuant to Sections 9 or 10, below.
FIRST AMENDED LANDSCAPE MAINTENANCE AGREE1VIENT
Page Mill Road/Page Mill Expressway/Junipero Serra Blvd./Foothill Expressway
Inurement. This Agreement shall run with the land and shall inure to the benefit of
and be binding on the Parties, and their personal representatives, successors apd _
assigns having a fee ownership interest in and to any part of Page Mill Road/Page
Mill Expressway/Junipero Serra Blvd./Foothill Expressway.
(Property Address)
Termination by County. In the event Applicant fails to maintain the landscaping as
required herein, County shall give Applicant a minimum of 30 days notice to come
into compliance with this Agreement unless there is an immediate safety concem. In
the event of an immediate safety concern, or after 30 days notice, County may, at its
option, provide maintenance and collect all costs from Applicant(s). County shall
also have the option to terminate the Agreement and to require the right-of-way to be
returned to its natural state, in which event the Applicant shall be deemed to be fully
and completely released from all obligations hereunder, except as specifically
provided otherwise in Section 4 of this Agreement.
10.Termination by City. City may ’terminate the Agreement if it removes the
landscaping and pathway improvements, retums the right-of-way to its natural state
and returns to the County the County’s contribution of twenty-five thousand dollars
($25,000.00) towards the initial installation of the landscaping and pathway
improvements.
11.Notices. All notices, requests, demands, and other communications hereunder shall
be in writing and shall be given (i) by Federal Express (or other established overnight
express delivery service which maintains delivery records), (ii) by hand delivery, or
(iii) by certified or registered mail, postage prepaid, return receipt requested, to the
Parties at the following addresses, or at such other address as the Parties may
designate by written notice in the above manner.
to the Applicant:Original to:
City of Palo Alto
Director of Parks & Golf Division
3201 East Bayshore Road
Palo Alto, CA 94303
FAX: (650) 496-5925
Copy to:
City of Palo Alto
City Clerk
250 Hamilton Ave.
Palo Alto, CA 94301
to the Co~_5_~."Property Management
County of Santa Clara
Roads and Airports Department
101 Skyport Drive
San Jose, CA 95110
FAXNo.: (408) 441-0275
3
FIRST AMENDED LANDSCAPE MAINTENANCE AGREEMENT
Page Mill Road/P~ge Mill Expressway/Junipero Serra Blvd./Foothill Expressway
12.
Such communications may also be given by facsimile transmission, provided any
such communication is concurrently given by one of the above methods. Notjces~ "
shall be deemed effective upon receipt,’or upgn attempted delivery thereof if delivery
is refused by the intended recipient or if delivery is impossible because the intended
recipient has failed to provide a reasonable means for accomplishing delivery.
Miscellaneous. This Agreement shall be interpreted and construed only by the
contents hereof, and there shall be no presumption or standard of construction in favor
of or against either Party. This Agreement may be modified or amended only by a
writing duly executed by both Parties. The invalidity or unenforceability of any
provision of this Agreement or the applicability or inapplicability to either Party, as
determined by a court, shall in no way affect the validity or enforceability of any of
the remaining provisions hereof or their applicability to the other Party. This
Agreement shall be construed according to and governed by the laws of the State of
California.
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date
first above written.
ATTEST:CITY OF PALO ALTO
Clerk, City of Palo Alto
APPROVED AS TO FORM AND LEGALITY:
BY:
City Manager
DATE:
City Attorney
(ATTACH NOTARY FORM)
ATTEST:COUNTY OF SANTA CLARA
Clerk, Board of Supervisors
BY:
Chairperson, Board of Supervisors
DATE:
APPROVED AS TO FORM AND LEGALITY:
Deputy County Counsel