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HomeMy WebLinkAbout0527.091- November 27, 1991 HONORABLE CITY COUNCIL Palo A1to# California 3 Agreement between ~ftns and the city of Palo Alto to modify and upgrade a tra'ffic signal at El Camino Real and california Avenue Members of the Council: REPORT IN BRIEF Thi~ report recommends that the City Council, (1) adopt a resolutJon (Attachment 1) approvil!g an Agreement (Attachment 2) between the state of California Department of Transpcrtation (Cal trans) and the City of Palo Alto, to modify and upgrade the traffic signal and conduct road work at the intersection of El camino Real and California Avenue, and (2) authorize the Mayor to execute the Agreement. MCKGRQUND El Camino Real is a State highway. under the jurisdiction of Caltrans, while California Avenue 15 a City street under the jurisdiction of Palo Alto. presently# traffic at the intersection is controlled by a traffic signal, which is maintained and operated by cal trans, since El camino is a State highway. The existing signal is a split-phase operation (east-west direction), ~hereby all eastbound traffic is separated fro~ westbound traffic (i.e./ each direction receives its signal indications independently) a A change from the existing split phase cperation to an eight phase operation was included as an operational improve!!lent I in the Citywida Land Use and Transpor­ tation Study. An eight-phase cyclE'! provides maximum flexibility and responsiveness to actual traffic demand, and permits east and westbound traffic to proceed simultaneously. Although the existing vehicular movements at this intersection are split, t~e pedestrian movemoents are not. This causes conflicts between left-tur-ning vehicles and pedestrians, which is a potential safety problem. Based upon its evaluation of potential safety and operational problems, Caltrans has determined that operational efficiency and safety could be improved at El Camino/California by implementing CM!<:52?:91 1 l 'I j 1 l 1 ___ .~_"'IlIl_.L •• iIlla.4"'''': certain ililprovements. Cal trans is prepared to proceed .. i th the project, subject to the agreement and fin~ncial participation of tne City of Palo ~lto. PROPOSED PROJECT The preliminary plan for the proposed traffic signal modifications is includer:! as Attachment 3. The !?roj ect includes the tollol,t,'i7!9' items: L Modification of the existing six-phase signal operation to an eiqht-phase, lead-lag operation; 2. Bicycle sensitive loops, 3. Longer mast arms. larger traffic signal heads, and internationa1 pedestrian signals, for better visibility; 4. Green and whita side street name signs mounted on the mast arms; and S. Extension of left-turn storage b:t an additional 80 feet C!i eastbound California, and 30 teet on .. estbound California, with far side left-turn signals in all four quadrants of the intersection, for left-tu~ning traffic. The preliminary plans, prepared for the proposed project ~y Caltrans, have been revie:we-r:: by the Palo Alto Bicycle A.dvisory Committee (PABAC) and representatives of the Traffic and Parking committee of the California Avenue Area Development Associa,tion (CAADA) • COOPERATIyE AGREEMENT AKD FUNDING In order-for this proj ect to proceed, a cooperative agreement between Caltrans and the City of palo J\lto is required~ The proposed agreement establishes the responsibilities and duties of each party. Cal trans ag~ee5 to: ~~ Co~plete all necessary plans and specifications; 2. Complete all road~ork and electrical construction; and 3. Provide all engineering and construction services. OWnership and title to all materials, equipment. and appurtenances ~ill be with Caltrans. All costs are to be shared by both Caltrans and the City. as shown on E~1ibit A attach~d to the agreement. The City's share of the proposed project is $84,000, plus an allowance for contingencies. If the actual cost of the project is CMR:527:91 11/27/91 Page 2 • 16 '"; , . ' f! ';1 • I ., , ! higher or lower, the City's share .. ilJ be adjusted accordingly. The attached agreement provides that the City's share will not exceed $101,000 ($84,000 plus $17,000 {20 percent contingencies) J: unless the city, at its sale discretion and in vritinq, authorizes a greater amount. A total of $276~OOO is allocated in the 1989-90 and 1990-91 ClP project .19072 for improvements at nine locations identified in the citywide Land Use and Transportation Scudy. This project is one of the nine included in that btudy. Sufficient funds are available in CIP 119012 to cover the City's share of $101,000. ENVIRONMENTAL ASSESSMENT Cal trans, which is the lead agency for this project l has determined that this project is categorically exempt under the California Environmental Quality Act l and staff concurs with this <!etermination~ ElLCOMHENDATICN staff recommends that the City Council: 1. Adopt the attached resolutioll approving the Agreement between Cal trans an~ the City of Palo Alto to modify and upgrade the traffic signal and conduct road work~ at the intersection of El Camino Real and California Avenue~ 2~ Authorize the Mayor to execute the Agreement. Respectfully submitted, If-~-nJ.~~ ASHOK AGGARWAL city Traffic Engineer dL: FLEMING~ A~sistant City Manager Attachments: 1J Resolution 2) Agreement 3) Preliminary Project Plan cc: Richard Green, Caltrans ~~t/rd';f -1U~~ KENNETH R. SCHREIBER Director of Planning and Community Environment palo Alto Bicycle Advisory COIDmittee Terry Shuchat, CAADA CHI'.: 527: 91 11/27/91 Page 3 • . -'>,' ... _--... , ....... RESOLUTION NO. c" AT'l_ iliENT RESOU.JTION OF THE COUNCIL OF THE CITY OF PALO AJ'",TO AUTHORIZING EXECUTI0N OF AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR MODIFYING TRAFFIC SIGNALS AT THE INTERSECTION OF EL CAMINO REAL AND CALIFORNIA AVENUE WHEREAS, the State of California Department of Transportation is proposing traffic signal project at the intersection California Avenue i~ the City ~f Palo Alto: by and through its to undertake a joint of El Camino Real and and lrI""HEREAS, t_he State of California has requested the City of Palo Alto approve a joint agreement providing for the payment of its share of the cast ot said improvements; NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE as folloys: SECTION 1. That certain agreement (Caltrans Agreement No. 4-1348-C) by ana between the State ¢f California, acting by and through its Department of Transportation, and the City of Palo Alto for modification and upgrading of traffic control signals, and related minor read work at the intersection of El Camino Real and California Avenue is hereby approved and the Hayor is hereby authorized to execute said agreement on behalf of the City of Palo Alto. SECTION 2. The State of California, ",'hieh is the lead agency for this project, has previously determined that the project is -:.ategorically exempt from the provisions of the California Environmental Quality Act ('IIICEQA·). This Council concurs with that determination. INTROOCCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: 1 Pll !11 b6e OOJOl!2 ;;-'-------'--.--=,----..---..... -.. -~ • ,. ATTEST, City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney 2 ,--. A.PPROVED: Mayor Ci ty Man(\ge r DirectoL of Finance Director of Planning and community Environment ~1 ,J I ~ I I • 4-SCl-82-24.33 4336-13lO71 Dist .. Agnlt~ No .. 4-134S-C Docureent No. SCl~'43- THIS AGREEMENT, ENTERED INTO ON is between the STATE OF CALIFORNIA, a~tinq by and through its Department of Transportation, referred to herein as ·STATE-, and II) CITY OF PALO ALTO a body politic and a municipal corporation of the State of California, referred to herein as I'iCITY· • REClTALS ST;l.TE and CITY cont.ernplate modif}'ing traffic control signals and safety lighting at the inter5~ction of El Camino Real (Route 82) and California Avenue in Palo Alto, referred to herein as ·PROJECT-, and desire to specify the terms and conditions under which PROJECT is to be engineered, constructed, financed and maintained. -1- D!s~r-<'.gmt. No. 4-1348-C '"' STATE_ ACREES: (II To provide all necessary preliminary engineering, including plans i:1nd specifications, and all necessary construction engineering services for PROJECT ~nd to bear STATE's share of the expense thereof, as shown on Exhibit A attached hereto and made a part of this Agree~ent. (2) To cor.struct PROJECT by contract in 3C'cordance with plans and specifications of STATE. (3) To pay an amount equal to 50 percent of signal and lighting related construction costs and 100 percent of roadwork and ~hermoplastic striping related costs as shewn 04 Exhibit A~ In no event sn,all STATE I S total obligation for PROJECT construction costs under this Agreement~ excluding costs referred to in section III, Article (9j. exceed the amount of of $ 88,000, provided that STATE may, at its sole discretion, in writing, authorize a greater amount. (4) Upon completion of PROJECT and all work incidental thereto, to furnish CITY wit.h a detailed statement of the portion of the engineering and construction costs to be borne by CITY, including resolution of any claims which may have been filed by STATE'S contractor and to refund to CITY promptly after completion of STATE's audit any amount of CITY's deposit required in Section II, Article (1) remaining after actual costs to be borne by CITY have been deducted, or to bill CITY for any -2- '.- IIii .. \ Dis t,""-" ..}.gmt ~ ,~o.. 4 -13 4.s-C additional amount required to complete CITY's financial obligation pursuant to this Agreement~ {S) To IrLain'tain and operate the entire traffic control signals and :safety light ing as modj tied and pal" an anW'Jnt equal to 50 percent of the total maintenance and operation costs. including electrical energy costs. SECTION II CITY AGREES, (1) To deposit with STATE within 2S days of receipt oi billing therefor (which billing will be forwarded immediately following STATE's bid advertising date of a construction contract for PROJECT), the amount of $84,000, which figure represents CITY's estimated sLare of the combined total expense fer preliminary engineering, construction engineering and construction costs required to c~mplete PROJECT, (herein PROJECT costs) as shown on Exhibit A~ CITY's total obligation for said anticipated PROJECT costs, including change orders, extca work and contigencies but exclusive of claims and excluding costs referred to in Section Ill. Article (~l, under this Agreement, shall not exceed the amount of fIOl,OOO; provided that CITY may, at its sole discretion, in writing, authorize a greater amount. (2) CITY's share of the cO!"lstruction cost (estimated to be $65,000), as shown on Exhibit A included in PROJECT costs referred in Artl.cle (1) of this section shall be an amount egual -3- --_ ..... _---... _--- " , I Dis~grot. No. 4-1J48-C ,_/ to 50 percent of the total co~bined cost of actual signal and lighting related construction costs, traffic control cost and the cost of construction area signs, i~cluding the cost of claims and the cost of any STATE dpfen6e of any claims and the cost of any STATE-furnish material, as d~termined after completion of work ~nd upon final accounting of costs. (3) CITY's share of the expense of preliminary engineering (estimated to be $8,500) i~cludcd jon PROJECT costs referred in Article (1) of this section shall be an amount equal to 13 percent of CITY's share pf the actual final construction cost. (4) CITY's share of the expense of construction engineering (estima~ed to he $lO~500) included in PROJECT costs referred in the Article (1) of this section shall be an amount equal to 16 percent of CITY'5 share of the actual final construction cost. (5) To pay STATE upon completion of all work and within 20 days of receipt of a detailed statement made upon final accountin<;i of costs there for, any amount over and above the aforesaid advance deposit required to complete CITY's financial obligation pursuant to this ~greement. (6) To reimburse STATE for CITY's proportionate share of the cost of maintenance and op~rati~n of said traffic control signals and safety lighting as installed, such share to be an amount.. equal to 50 pe:r~~~~t. of the total maintenance and operation costs, including electrical energy costs~ -4- • ! / Di 5t .. ~gmt. No. 4-134B-C '- P) To cont~.nue maintaining revised striping on C~lifornia Avenue at no cost to STATE. SECTION I II IT IS MUTUALLY AGREED AS FOLLOWS, (1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. (2) STATE shall not award a contract for the ~ork until after receipt of CITY'S deposit required in Section II, Article Ill. (3) Should any portion of PROJECT be financed with Federal funds or State gas tax funds, all applicable procedures and policies relating to the use of such funds snall apply notwithstanding other provisions of this Agreement. (4) After opening of bids, CITY's estimate of cost will be revised based on actual bid prices. CITY's required deposit under Section II, Article (1) above will be "increased or decreased to match said revised estimate. If deposit increase or decrease is less tl".an $1,000, no refund or demand for additional deposit will be made until final accountir,:;~ -5- .' , , /' .. " , o Dis~grnt. No. 4-1l4B-C '-/ (5) l.fter opening bids for PROJECT and if bids indicate a cost overrur. of no more t'har'l 2:0 percent of the estimate 'Will occur, STATE may award the contract. ($) If, upon opening of bids, it is found tr.at a cost overrun exceeding 20 percent of the estimate ....,i11 occur, STATE and CITY shall endeavor to agree upon an alternative course of action. rf, after 30 da7s, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent pursuant to Article (8) of this Section III. (7) Prior to award of the construction contract for PROJECT, CITY may te~~in4te this Agreement by written notice, provided that CITY pays STATE for all project related costs incurred by STATE. (~) If termination of this Agreement is by mutual consent, STATE will bear 53 percent and CITY will bear 47 percent of all PROJECT related cost 5 incurred by S'l'A.TE prior to termination~ except th~~ any utility relocation costs shall be prorated in a~cordance with STATE's/CITY's responsibility for utility relocation costs. (9) rf existing public and/or private utilitie~ conflict with the con~truction of PROJECT. STATE will make all necessary arrangements with the owners of such utilities for -6- • ;<.' "';i. " thei~ protection, relocation or remova14 STATE will inspect the protectiotl., relocatio:\ or reJT10vaL If there are costs for such protection, relocation or removal which STATE and/or CITY must legally pay, STATE znd CITY will share in the cost of protection, relocation or removal, plus cost of engineering overhead and inspection, in the amount of 53 percent STATE and 47 percent CITY, the funds for which CITY's expense will be subject to approval by the CITY councl1 ~ Required protection, relocation O.l' removal of utilities shall be performed in accordance with STATE policy and procedu~e4 CITY will deposit STATE within 20 days of receipt of billing, CI'fV' s share of estim:ated cost of said protection., reloca~ion or removal, engineering overhead and inspection. (10) 1,.fter award of the construction contrz-ct for PROJF~T, should CITY after a request by STATE, not authorize f!,,'jndinq beyond the amounts stated in this agreement as CIT\" 's share, STA'!'E shall insure that all operating roadways are in a safe and satisfactory permanent opera~inq condition and then shall cease or continue work on PROJECT. Additional costs incurred and the expenses for CITY's share will be billed and subject to payment by CITY within thirty (30) days or STATE, actinq through the State controller, may withhold an equal amount from future apportionments due CITY from the Highway User Tax Fund 4 -7- ) , '. , '. Dis~Agmt. No. 4-l348-C -~ ... J o Illl Upon cOD"pletion of all work under thi s Agreement, ownership and title to all signals, lI'.aterials., equipment and appurtenances installed within STATE's right of way vill automatically be vested in the STATE and zll materials, equipment cnd appurtenances installed outside of STATE's right of way will automatically be vested in the CITY and no further agreement will be necessarr to transfer ownership as !lereinabove stated~ (12) The cost of any engineering or maintenance referred to herein shall include all direct and indirect costs (functional and administrative overhead assessment) attributable to such work, applied in acccrdance with STATE's standard accounting procedures. (13) Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done o~ omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY ur.der this Agreement~ It is also agreed that. pursuant to agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify ar.Q hold STATE harmless from any ItaLility imposed for injury (as defined by Government Code Section 810~8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work~ authority or jurisdiction delegated to CITY under this Agreement~ -8- ", Dist,,,-·-Agmt. NQ. 4-1348-C (14) Neither CITY nor any officer or employee thereof, shall be responsible f~r any damage or liability occurring by reason of anything done or ami tted to be d~ne by STA'l'E under or in connection with any work, authority or jurisdiction not delegated to CITY uncer this Agreement. rt is also agreed that pursuant to to Government Code Sect-ion 895.4, STATE shall fully indemnify and hold CITY harmless from any lizbility imposed for injury !as defined by Government Code Section 810.8) occuring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. (15) That, in the construction of said .... ork, STATE will furnish a representative to perform the functions of a Resident Engineer, and CITY may, at no cost to STATE, furnish a representative, if it so desires, and that said representative and Resident Engineer will cooperate and consult yith each other, but the decisions of STATE's engineer shall prevail. (16' That execut10n of this Agreement by CITY grants to STATE the right to enter upon cIT¥ owned lands to construct PROJECT referred to herein. All drawings and work within CITY's right of way will be subject to concurrence by CITY. (17) That this Agreement shall terminate upon completion and acceptance of the PROJECT construction contract by STATE or on September 30, 1995, whichever is earlier in time; however, the ownecship, maintenance and operation clauses shall remain in effect until terminat~d or modified, in writing, by -9- \ o Distrlgmt. No. 4.-134.€-C ' ....... / mutual agreement. Should any claim arising c>ut_ of the contract to construct this project be asserted against STATE, CIT1 ag~ees to extend the termination date of this Agreeement and provide additional funding, subject to the City Council's ~udgeting sufficient funds as required to cover CITY I S proportionate share of costs, or execute a subsequent agreement to cover those eventualities STATE OF CALIFORNIA Department of Transportation JA.MES W ~ VAN LOBEN SEtS Director of Transportation By Deputy District Director APPROVED AS TO FORII! AND PROCEDURE ATTORNEY Department of Transportation CERTIFIED AS TO FUNDS AND PROCEDURE District Accounting Administrator -10- CITY OF PALO ALTO By Mayor Attest: City Clerk AP PROVE D AS TO FO RM City Attorney Approved: city Manager Director of Planning and Community Enviror:.ment Director of Public Works Director of Finance Director of Dtility Chief Transport&tion Official • • 4-SCl 82-24.33 4336-1316il DiGt. Agrnt. No. 4-1348-C COST ESTIM..llTE BREAKDO'Y."N Description Electrical Work (State 50\ City 5D~) Roa.d work (ST'.TE 100%) Thermoplaetic striping (STATE 100%) Traffic Control (STATE 50\ CITY 50%) Construction Area signs (State 50\ and City 50%) Sub-Total Contingencies 5\ +/- TOTAL $109,000 5,000 2,600 12,000 2,800 $131,400 6,600 Canst. Cost Total $138,000 (STATE 53% CITY 47') Preliminary Engineering (13%) Construction Engineering (16" S'rA'TE I 5 Share $ 54,500 5,000 2,600 6,000 1,400 $ 69,500 3,500 $ 73,000 • • Total CITY's Share EXHIBIT A C!TY's Share $ 54,5DD -0- -0- 6,000 1,400 $61,900 3,100 $ 65,000 8,sCO 10,500 $ B4,OOO \ * STATE's share is accounted for in a state~ide account and is not shown separately on each project's cost breakdown. Note: In the above table, some of the \~alues may have been roundee off to simplify the presentation. 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