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HomeMy WebLinkAbout0181.092. .'~ '_. .. <; a; . . ".~: 0 ::.," .. " ,,',' Mar.ch 12, 1992 THE HONORABLE CITY COUNCIL Palo Alto, california . ----- 5 Major Intersection Improvetrtents. err 19073-:, west Headow Drive and Ch.arleston Road Pedes't,rian Gate-Type Railroad Crof:;~S,-ign.~.J.-~ Agreement Members of the council: Report in Brief: This report recommends that Co'uncil approve and authorize the Mayor to execute the attached agreement betw~en the City of Palo Alto, the Southern Pacific Transportation Company (SP) and the reninsula corridor Joint P~wers Board (JPB) for t&e installation and maintenance of automatic pedestri~n gate-t}~e signals 3t the West Meadow Drive and Charleston Road railroad crossings. Background In 1987, a City-Wide L..o.!'ld Use and Transportation study identii ied approx.im'1'tely 40 street intersections in Palo Alto in need of improvement. Based on this report, funds were budgeted in the FY 1989-90 Capital Improvement Progra~ to deSign improvements for the hiqhest priority intersections, Al .. a Street/West Meadow Drive and Alma Street/Charles.ton Road. In .edaition, funds were budgeted in the FY 1930-91 Capital Improve"ment program for the constructio!l of city improvements at the Al~a Street/West Meado~ Drive intersection and SF improvements at the raj lroad crossings adjacent to both intersect.ions. On October 21, 1991, Council awarded a construction contract for the city's intersect ion improvements at Alma Street/West Meadow Drive which included new traffic signals, street resurfacing, bicycle lane striping, median island modifications and a new bus turn-out (C.HR: 467: 91).. This constructior"l was complet~d in December 1991.. Funds for the City's intersection improvements at Alma street/charleston Drive are proposE:d in the F¥ 1992-93 Capital Improvement Program ~nd the work is ex~ected to be completed this summer. -1- CM:R:181:92 • < , \ I ~ ~ ....•....•. I - On !>E!cember 16. 1991, Council approved a cost sharing agrel'"~el"lt 'With Cal trans which a'tlthor-izes SP to install vehicle q~tefcantilevet' ~arning system additions ~nd rubberited pavement at the track ~rossings adjacer.t to both the Alma str~et!West Meadow Drive and Alma street/Charleston Road intersections {CMR'S68:91)_ The agree~ent obligates the city to pay 10 percent ($57,971) of the total estimated cost ($579,715). The remaining 90 percent matching funds ..... ill !:Ioe pal.d by the Federal High-way Afuf.inist.ration (l:!O Fund) • ~he Caltran5 agreement does not contain provisions for the fundinq or inst".allation of ped.estrian siqnals because the State Public utilities Commission {Commission) excludes the siqnals fro~ their uniform sta,l':!dards for railroad. cross.ing' protection. The CCl!lnJission views the. signals as ineffective i:'!IDd subject to vandalism. In Oece~r 1991,. City staff reque:c;.toe1 the Commiss.ion to qrant an exemption allowing the installation of pedestrian signals at the two intersections. The request had the backing of students, school admi~istr-ators and parents fcllo~ing the tragic deat.h of a student riding a bicycle on the sidewalk at tl'le West Meadow Drive crossing (CHR:494:91). The c~m..'ftis$lon qranted the exemption with the prevision that th€ City pay the railroad for thp costs of installation and maintenance. pi#icussion On December 27, 1991 l the JPB purchased the railroad c~rridor from SP, includinq all capital improvements, exter.di~g from San Francisco to San .:ros-e~ The JPB will taKe over all pas~enqer c.ollUltute service on o't" a.bout July 1, 19:92, le.a.ving SP only th-e freight gervice~ As a result~ in order to proceed with construction of the pedestrian signals installation prior to July 1, 1992 and to provide for maintenance th~reafter, it is necessary tor the City to enter into the attachea agreement with both the JPB ",nd SP. Followir,q are the rnajol" points of the aqreemer:t: • SP will iTistall four automa:t.ic pedestrian gate-type signals at the West Meadow Drive and Charleston ~venue railroad crossings ~itnin four months cf agreement approval. • The Citf ...... il1 installation to included in the 19073. pay SP $51,850 for the cost of signal be performed by SPA fUnds for the work are Major Intersection Improvements project, CIP • The City will pay $2,500 to the JPB annually thereafter, for as lonq as the signals remain, tor the cost of ordinary siqnal maintenance to be performed by the JPS. The maintenance is -2- CMR:181:92 ,'-"" ',,.j,.:- • eligible Cor 'las tax fu:;,ding and "'111 be budgeted in the Public Works opereting budget starting in FY 1992~9). The City will also p~y to the JPC all reascnable costs tor ext.raordinary signal maintenance to be performed thereafter by the JPB. ~~ example of this type of maintenance ~ould be for the re~air of ~ damaged or vandalized qate. These costs ~ill be £~~ed ~t the time such ~aintenance is identified. After siqr,ificant n~90tjati~nl staff was un~ble to obtain agreement tram SP or the JPB to expressly (under the attached agreement) hold the City harmless for SF's or the JPB's negligence in constructing ,and maintaining the pedestrian signals, or to nall'Je the. City as &dditio~al insured under thei' insurancR policies or self-insurance proqra~s. The aqre€ment is chereiore silent on these matters and i~pliEd O~ equi~able indemnity prin~iples wDuld likely apply in the event of any accident. or harm that may occur as a result of the presence of the pedestrian signals. Such harm might arise in the event that the signals fail to functioC'. properly due to ir.adequate installati?n T faulty design, poor maintenance, vandalism or abcse. Ho'We'ver., since the City's actual role in the construction ar,d maintenance of the sig~als will be so limited. staff believes the risk of such future liability for the City is minimal. In fact, the construction and maintenance of the signals will be the sole respor>,sibilit.y of SP lJ.nd the. JPB. The <:ity 'Will mer-ely provide the n~cessary funQinq. Further, staff believes the situation vill be safer fer pedestrians 'With the signals than 'Without theTt. However, in the e .... ent that a court ever found that the City 'Was actively negligent in connection 'With the signals. the City's self-insurance ana excf:!;Ss insurance policies would have to cover any resulting city liability. SP has indicated a willingness to expedite the pedestrian signal installation, especially as their role concerning the railroad will be greatly climinishe:CI after July 1. 1992. The vehicle gate/cantIlever warning syste=m additions, ",-hir:h have beoen delayed because of this matter, will proceed concurrently. Until the 'Work is completed, the City will continue to provide Police personnel during morninq and afternoon ~chool travel. Environmental Assessment The project is exempt from the California Er.vironmental Quality Act (~EQA) under Section 1530J of the CEQA Guidelines. Recommenda t ie.n Staff recoDUllerlds that Council .ett=:prove and authorize the Mayor to execute the attached agreement bet~een the City of Palo Alto, the southern Pacific Transportation Company and the Peninsula corridor -3- CMR:181:92 ~ ............... ,-.. . --.. - / I I I I • . ' " .. ''''.- II L This docum.ent is recorded for the benefit of the City of Palo Alto and js entitled to be r~corded free of charge: in a-cor-dance 'iolith $ec­ tiQO 610) of t~.e Go ... ·errjm.~nt .t;'ode. After Recordation, mail to: OFFrCE OF THE CIT! A~TORNEY 250 Hamilton Avenue Palo Alto, CA 94301 J.GREEKENT BETWEEN SOOTBERN PACIFIC TRANSPORTATION CO!fPANY, JOIN'!' POliEiUI BOAJ\D lIND CITY OP PALO ALTO FOR OONST~UCTION AND MAINTENANCE 01 AUTOMATIC PBDES~ TRIAN ~ILROAD CROSSING SIGNALS AT WEST MEADOW DRIVE AND CRARLES70N ROAD 'i'H.IS AGREEMENT is n-.ade ~.his day of .' 1992, by ar:d between the SOUTHERN PICI"fIC TRA.NSPORTATION COMPANY r her"=i1fter referred 'tc as tt-~e "Railroad." the PEWINSU:u. CORRlooF JOINT POWERS EOARD, a California joint ~wers authority. hereafter referred to as the -JPB," and t.he CITl' OF PI.W ALTO, a California municipal corporat-ior: I hereafter r-e:fer.ced to as the '"'City·'! RECI'TAL.S 1. The parties hereto desire to set forth by this instrument 'their agLeeme.nt with r-espect to tne construction and ongoing ~aintenance of two (2) at-grade crossings of West Meadow Drive (Crossing No. E-33.0) and ChaI'lE-ston Road (Crossing No. E-33.4), ...... here they cross th~ Railroad's tracks at or near th~ City~ in the County of Santa Clara$ State of California, as sho~n in the Railroad's Drawing No~ i'.-144SB, dated Febr..lary 22, 1991 1 revised December :2, 1391, and Drawing No, A-~446D, dated November 3, 1990, revised December 2, 1991, both of which are attached hereto as Exhibits )II A" and "Bn, respec­ tively, and made a part hereof by this reference. 2~ The parties acknowledge that on December 4, 1991, ur'.der Resolution SX-5, the Califcrn~a Public 'Utilities CC'ltr:"b"tission or-dere;:l that the City be. granted aut,hori ty to install autcn-::,tic pedestrian crossing signals at West Hea.do'"" Dr ive and Charleston Road vth~re they cross the Railroad's tracks~ 3. The parties further acK.no'Wledqe that the JPB. on or about December 27, 1991, purchase~ all o~ the Railroad 1 s title to and rights and interest in the cc,rridor of tt-~t:, railroad extending through the city and county of San Francisco, San Mateo Cou~ty and Santa Clara County, he.reafter referred to as the "Ftai lroad corridor." The parties therefore intend under this Agreement t~ set forth th~ respo~sibil­ ities of the Railroad r the JPB and the Ci ti~ concerning the construc­ tion and maintenance of the autom~tjc pedestrian crossing signals at West Meadow Drive and Charleston Road. NOW, THEREFORE, the ?arties agree as follows: 1 - ... ,.". L constTuction_o.L~J.gDdls. The Railro3':l sha.ll furnish <:'Ill of the necessary labor I materials I tools and equipment. and shall construct the follo~ing, h€reafter collectively referred to as the "signals'1 ! A. At West Meado~ Drive in the City (Crossing No. E- 33.0), installation of four-~ach pedestrian <;rossing signals augmented .. ith auto::tatic gate arms, together Yith actuating and operating circuits and adequate instrume'1t housir,g, as S1·H)W1": on Exhibit "A". - B. At Charleston Road in the City {crossing No. E- 33.4) , installation of fOl.lr-e3.Ch pedestrian crossing signals augment.ed ..... ith automatic ga.te arms, together with actuating and operating circuits and adequate instru~ent ho~sing, as shown en Exhibit:. "'B". The Railroad's construction of and in.stallation of all .rnaterjals for the Signals shall be in accordance 'With all applicable ir,dustry stal"'.­ dards and sball be cornpl€t~d to the satisfaction of the City and the J?&. The wo!'k to be performed by the R"ilroad hereunder shall co:m...Tt!f:mce as soon as possible follOwing exe,=ution of this AgreeTCE:T'1t by all of the parties <.:1nd in any event shall be .c:o~pleted ,,"'ithin four (4) m.onths follo'Wing such execution. After' inst.al1_atian of the Slgrtals has been completed, the Railroad shall notify the City and the JPB thereof in writing. O!')ce the City and the 3PB have certified in writing that the installation of the Sig~als has been cor.pleted to their satisfaction, the Signals shall become the sole property ~f the JPB. 2. City's Pa'y]!!ent to Railroad. The City shall pay to the Reilroad a lump sum of Fifty-One Thousand Eight Hundred Fifty Dollars ($51.850) upon execution of this I.greernent. The parties hereby aclc..""10wledge and agree that the City'S pa~ent to the Railrcad u!1der this section is sufficient to cover the cost and e~per.5e the Railroad 'Will incur in fund sh ir:g the materials a."'ld-cor.str~r;ting the Signal s as specified under Section 1 hereof~ 3. Mainten.anc_~_ of Signals. 3.1 Ordinary Mainten<:i,_nce. The parties hereby acknowledge that, in. connection W'ith its purchase of the Railroad Corridor, the JPB w-ill undertak.e sale respons.i..bility for the operation of the Railroad Corridor en or about July I, 199;(:. Regardless of the change in ope.ration, the Railrcad shall remain obligated to construct the Signals as required under S~ction 1 hereof. once the JPP begins operation of the Railroad Corridor~ ho .... e".'er, the: JPB .... ill thereafter be solely responsible to maintain the Signals in good working order as long as they remain in place. The City shall annually pay to the JPB the sum of Two Thousand Five Hundred Dollars ($2,500} ~ prior to Janu~ri 30 of each ye.rir~ to cover the cost of the JPB's ordinary maintenance of the Signals for t_he duration of the life of t!1e Si9nals~ Ordinary maintenance of the signals .shall include ttle 2 • L changing of liqh~ bulbs, polishing of lens, chcckl~g of gate a~.s, checking of charge~ of batterie!; Gnd any ot.h~r rE:9t:'lar maint.ena:l1c€> activity reason.ably n€ce~sd.!:y to keep t.he Signals ill good lJo::::lcing ord'£!r. 3.:2 Extraordi!'!AD;: Ma i nteIl~~. IT) thE: event that unwenteo vaT'.dalism or abuse results in d~ma'ge to t.he Sigr'.~ls. the JPS may need to make extraordinarr repa irs to the Signals to keep the,,; in good .'orking or-aero Extraordinary repairs under' thi.s Agreement shall mean those repairs or replace!!'.ent~ necessary to correct any type of malfunctioning, breAkage O~ other damage to thE sigiJals~ either­ deliberately or accide!"ltally caused by p~ople, vehicles or ar._y ether JIleans, including obsolescence. Extraordin.ary repairs shall not be considered ordina~/ maintenance under this Section. Whenever e:<traordinary repair& become necessarYI the JPB shall per;fcz.m th~ ""ork ana submit an invoice tc the City stating the reasonable .:::::ost of the repair. Within thirty (3C) days of receipt of the invoice, the Cit.y sha]l pay the JPB for all of its reasonable costs incurced for the extl.-aordil1ary repair. 4. Te.r:m~ This Agreement shall commence upon e:<ec:ution hereof by all of the parties. The ~9reeti'.ent shall remain in full force and effect as long as the Signals rE:r.1ain, unlE:S~ the 1l.greement is terminated earlier by written consent of all the parties, ~hich written consent is recorded .... ith the Santa Clara County Recorder's Office4 After June 3D, 1992~ or the cessation cf the Railroad's operation of passenge.r conw:ute serv ice over said cros'5ings~ whichE:"I€:r is later, the Railroad need not provide its consent in order for the c{ty and the J?B to terminate this Agreement. Not~ithstanding the foregoing, the city's annual payment to tha J'P5 for ordinary maintenant;e cost:.s, and possible paj1J\e.nt to the JPB for extracrdinary repairs, as set forth under Section 3 hereof, shall be subject to City's annual appropriation of funds sufficient to allcw for such pa~ent. ShoulQ the existing at-grade crossings he remo'led or gradE: separatiof'ls be constructed at eit.her ll"ltersecticn hereunder~ the ..TPB shall ha",fE the right to retr'ove the signals. Should the JPBfs operations require the relocation of the Signals, the JP5 shall have the right to rElocate th~ Signals, with the City's consent, .. 'hich consent shall !lot be unreasonably 'Withheld. Payment of the JPSfS costs incurred for such relocation shall be negotiated betw~en the palties a~ the time or any such relocation. 5. other GQvernmE_ntal .Al2m;:Qval_.? The city shall make best efforts to assist the Railroad and the J?B in obtaining any governme~­ tal au:t,h-:-city which 'may be required in connection with the installa­ tion and maintenance of the Signals a~ required under ~his Agree~ent~ 6. Bin_gj. __ ng on .success:Jrs. The terms, COVenant.s and conditions of this Agreement shall apply to, and shall bind, the heirs~ successors and assigr.s of t.he parties~ All provisions of this Agreement shall l:le cover.ants runnin.g with the land pursuant to applicable law. 3 7. Assignm_ertt;. This Agreement Inay not be a5signed, transferl.-ed, conveyed or othen.rise dispo~('d ot', or any right, title or intere.st in or to the S2:t'e or any part the-.("eof, 'Wit,-"'out the prior ..... "ritten consent of all the pa::.-ties hereto~ ~'l>,. con:3ent to one (1) assigIU;lent shall not be deeme('j. to be a cOr'!se:;t to any slJbs<::'!quent Assigmcents. Any assignment • .-ithout such approval shall be void. This Agreement and a~:r~ interest herein shall also not be assignable by operation of law -without the prior ...... rltten consent of all the parties hereto. Nob..-i thstandiTlg the forego.ing, ir, the event that ttte Railroad and the ';PB determine it is necessary in connection with the JPB's purchase of the Railroad corridor, 1:he City herein consents to the Railroad 1 s assignment of its duties and obligations u~der, and rights to 4nd interest in; this Agreement to the JPB, ex=ept for the Rail­ road I s obligation to construct the Signals as required umler Section 1 hereof. Not....,ithstandir.g the foregoing, thE rights and oblig3.tions of the JPB t.ereur.der may be assigned or sold, in vhole or in part, without thc consent of the Railroad or the City only to (a) the JPB's successor public agency; (b) any o!"'.e cr onore of the JPB's member agencies or counti~s; (c) the Peninsula Rail Transit District; (d) the State of California Department of Trcmsportatio.·.; or (e) an existing or to be formEd public~ quasi-publ ic or nonprofi_t entity farmed or authorized to o~n the JPB's interest in the Railroad Corridor. 8. Prior Rights. This Agreement is made subject and subordinate to the prior and continuing right and obligation of the JPB, its successors, assigns and permittees to use all of the property described i.n this Agreement in the performance of its transpox'tation operations. Subject to Section ~ hereof, there is reserv~d unto the JPB, it-,s successors, assigns and permitteE'S, the right to const.ruct, reconstruct, :maintain ar.d use existing and future facilities and appurtenances, including, without limitation, existing and future transportatiot"., communication (including fiber optic teleco::ununicatiol, syste;os), railroad tracks ~nd pir;eline facilities and appurtenar.ces in. upon, over, ll~der, across and clo~g the R~ilrGad Corridor. This Agreement is ltade subj ect to all 1 icenses, leases, easements, restrictions, conditions, covenants, encumbrances t liens and claims of title which may affect the Railroad Corridor in effect as of the date of this Agreement. 9. l!otices. All notices hereunder shall be given in writing and mailed, postage prepaid~ by certified mail, addressed as follows: To Railroad: To JPE!: 4 , , ~ I L To city.: Offi~ of the c~ty C2e~k ,50 H~ilto~ Avenue palo Aito l CA 94~ol 1C. ~. The 'R'iver "bj a-,y part.;-hereto ~! any l:l:-eI.Icb or v!.olation 0: a.:r~ 'tA-?'D, COVCl'\A.Zlt. or condit1on o~ this Aqr-=e.!aent or c! any p.roY1~io!:, (>~inanee, or law .s.b.a:J.l not be de.~ :"0 ~ a. 'tIil1.ver 0': an;.-ot:he.r eenn, eoveoant , eoooition. crd.i:"\&l1-'_ O~ :;OlW or of <tn1 subS«tql.\ent. 'breaCh or violAtion or the sa:ne O~ of" .a.r.y other te~, coven.nt i condition. ordinance cr lay. 11. ~Gts And At.tOXl'l!eysr rees~ The pr1!!v~i~i.J::.g party i:o any action b~t to e:nfOI;'Ce the te:rtns of t.hi..~ Ar-ee.aent cr ar.isiDg O'.l~ of tbJ.:s A9xe rt lAY reo;ro(er its J:'easonable. costs and !l.ttorne.1S ' f.es. ~ed .in ~ wit):: souch an action f~ea the. other pa.rtj.es .. 12.. HE -m: contaiN? AJ j. OndQrstanr.U,mvp ~errt. ft..is d~t represettt.s the .-:otiroe and i.ntegratea aqr~~t ~ t.b.e­ c1t:y, the llall-t;-oe.4 and tl'!e-JPB aDd supe;:-.-:Q(les all prior r&e9o~ticma, re.present.a't...l6aS aM a".rC!e'l nts, either vri.t.te.n er oral. 'l"hi.s d~ lHy PQ ~od. only by-vritten instr-..::::;;;,.ent.. :lig:ned. hy allot' 'the parti-e9 f1DC1 recorcSe4 with the. SOilDta -=la...-~ County Reec:-=er'c Office. 11. Go-vornirw La.... 'l'hl!!.= A9'.re~ent $o.a11 "e 9;verned toy the ~"':W'5 o:! tbe state of {31l.forni21. :tM Wl"I'N'ESS 'II'H:EltECF I the parties here'te ha .... e CtlilAcuted this Aqreement as of the day .a.hd year f.i:nPt ~o .... e 'io,,::,itt.en. SOtJ"r..l[£lQI' l'Acr:VIC ~SpgR:a'l::r01l a::J4J'.NrT BY'~ ?m~ it:.s: STATE OF CALIPORH.!.."\ _ ~ OF ~1&eIJ.~ ss. -on 1~~---.iI:l~ __ . 1992:" bcfQ!'"E lI:I8~ a Nota~· ?.:l:.lic in and fQr =o;::,.id Cou.nty a:r.d Sute .. persana..l..ly ap~l!lred \-.J. C. r.::.....r L,stt.. , ~ to. :me (or proved to lie OIl the basis of" sati.s1'ac:.t..I?!"t' eVl.de::CE:j t:o be the pen:.o1ll lIb~ e..xecuted tbi.. in6t.rume."lt as ~n ~'~,-~..:.-?,, __ SQ._~~ ~ ~-..;."'" ~~ ...... "'f.~. 5 L i \ , o APPROVED AS TO FOR."" --D tLlfll~\'1_dlL. JoIIr.r roWE": BOAllD AI' /J_ Ey: ____ ~---(rC(j--"-___ _ chainnar. Its: STATE OF CALI FOrur!.A. ss_ COu:fl:Y OF SlINTA CLhRA On -1L.rJ~a-, 1992, before me, a NotJ;,'!:"f Public in and for s~id County ana State I personally appeared 7hn E Dr~ , kno'Wl"l to ~e tor proved to me on~th: basis of satisfac~ry ~vlder.ce) ~e ~ ~:n "".~uteQ th.l.s lnstrwnent as t.~e 1 l.Ai.InA-H-. 1 \ ,1j#A.{ • IN my official lo .. rltten~ WITl\"ESS WHEREOF, 1 have hereunto Set cy han~ and aftixed seU the day Rnd year~:pvm~a: Notary Public in ard for saj~ county and State STATE OF CALIFORNIA COUNTY OF SANTA CLAPA CI'I'¥ OF PAI..o Al..TO By: ___ _ Mayor ATTEST: City Clerk APPROVED: City Mana9'er APPROVED AS TO FO~: Assistant City Attorney APPROVED AS TO CONTENT: Director of Public Works ss. On , 1992, before me, a Notary Public in and tor said County and state, personally appeared GARY FAZZINO, known to me (or proved to ~e on the basis of satisfacto~y evidence) to be the person who executed this instrument as the Mayor of the city of palo Alto, a municipal corporation, and acknowledged to me that said municipal corporation executed the same. IN WITNESS WHEREOF, I have har-eunto set my hand and a:ffixed my official seal the day an'd year in this certificate first above written~ 7 Notary Public in and for said County and State . . -\ 1 __ _ -l ~c roc l<7A1 1--: I I -- m=--- . . ! ___ II ! . --- ---,,:- -- :::: ------- 'C. : g,.1J,> , I 0--­ '" 1--;.,.--'----I --- No.1.<-___ -~7~""H:>· -' 5'5;;'-' I ~ " _I ~t-__ J_ =~ -: ....:-1--- '.' ".~ ~ " ,,' '," ~. ~~~~ ;~;Jtd :~~'. ~~ ;~~¥ ~$f~ ~~~."