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HomeMy WebLinkAbout0568.091• - ~,.; . . . . '-' '''':', .-" , Oecell'.ber 12, 1~91 THE HONORABLE CITY COlrnCIL Palo Alto, California 12 Alma Street/East Meado'W/East Charleston Intersecti~9..!.l...Jl!l.PJ:c ...... el'r.e:nts ' CIP 19073 -Resolution!i.~Q~u.bgreements 'With Santa Clara County Transit District and Cal~ Members of the Council: RePOrt in Brief This report recom.mends that Council adopt a Resolution (Attachment A) approving and authorizing the City Manager to execute the cost sharing a9reement (Attachrllcnt B) '-.rith the Santa Clara county Transit District to accept $27 j (000 in grant funds for b,.ls tu.rnout improvements~ This report alsa recommends that Coune il adopt a second Resolution (Attachment C) approving and authorizing the City Manager to execute two agre£ments (Attachments 0 and E -program Supplement Nos. 003 and 004) with the California DepartlItCnt of Transportation for railt'cad improvements in the amount of $57 ~971. Funds for payment of the $57,971 haVE been appropri!!lted in elP 19073. Bac'i<:ground On October 21~ 1991 council awarded a construction contract to") Granite construction Companr for the Alma StL-t::ct/East Meado ... Imp:r'ovement Project (Cl'!R 467:91) ~ Staff Explained at that time it wo~ld later request council appro-II'al of a cost sharing agreement with the county of Santa Cla~a 7ransit District for the construction of a bus turnout on Alma Street at Meadow' Drive. In addition, staff identified agreements for the performance by SP of work remaining to be completed at both Meadow and Charleston grade crossings. The SP work includes a rubberized crossing, track and bedding improvemer.ts, vehicle gates '\fr-ith cantilevers, and pedestrian gates. Folla~ing is a brief discussion of the actions requested cf COuncil at this time: -1- CMR:568:911 '--\ j - 1. Apprcve a Cost Snar inq !,greement 'With the county of santa Clara Transit District for the construction of the Aln:a street bus stop turnout 3.t Meado\ll Drive. Under this agreement, a :naximum of $27, 000 in funds ..... ol.21c be provided by the county to the City for the bus step tUrnO'...lt project. The construction of this turnout is presently unden,"ay. 2. Approve two Program Supplement Agreements bet",een the Ci ty and Caltrans. These agreements obliga.te the City to pay 10 percent ($57,971) of the total esti(nated cost ($579,715) for the vehicle gate/cantilever ... 'arning system additions, surface improvements and rubberized crossing at both Meadow and charleston grade crossings. The re~aining 90 perc~nt (S521,744) matchi~g funds will be paid by the Federal Highway Administration (130 Fund). The agreements a Iso authorize caltrans to issue a notice-to-pre.ceed to SP to install these in:provements. Once these agreements are approved, SP \dll complete the installation within four mont~s, pending availability of materials. In addition to the actions requested above, staff will return to Council in early January 1992 with an agreement between the City and Southern Pacific for the installation of four pedestrian gates at both the Meadow and Charleston grade cros~ings. This agreement will obligate the city to provide 100 percent {$51/850) of the cost of installation of the pedestrian gates. The cost of cngoinq maintenance also will need to be paid. SP and the City are werking to develop a reliable cost esti~ate and to determine ~hich pa~ty has the responsibility for paying the l!laintenance costs of the pedestrian gates. Once approved, SP • ... ·i 11 cOnlplete t.he l.nstallation of the pedestrian gates 'Within four mont::.hs, pending availability of materials. This 'Will not affect the installation of the above SP improvements. Enyirgnmental Assessment This project is cat€gorical1y exe~pt as defined by the California Environmental Qual i.ty J..ct. Recommendatipns staff recommends t.bat Council! L A.dopt a Resolution approving and authorizing the City Manager to execute the cost sharing agreement with the santa clara County Transit District to accept $27,000 in grant funds for bus. turnout improvements. 2. Adopt a Resolution approving and authDrizing the city Manager to execute two agreements (Program Supplenent Nos. 003 and 004) with the California Department of Transportation for railroad improvements in the amount of $57,971. -2- CMR:568:91 j~J~~;. "-", • • .: ", . '. '> •• 3 • Authorize staff to cY-ecute change orders to the agreements with Caltrans in an a:roount not to exceed $9,000 for both agreements. Respectfully submitted, GEORGE BAGDON Assistant Director at Publjc Works ('\ Ii"i-f iii ~--t.t:. T.('t ( JJ,.!~ ~-~-­ DAVID G. ADM;:S Director of Public Works (.rl, -=d---­';!~ city Manager AttachUlents: A 3 -Resolution -Agreement .... i th Santa Clara County Transit District C -Resolution D , -Aqreements with Caltrans (Program E Supplement Nos. 003 and 004) Related Reports: 522:9, 365:91, 433:91 cc: Palo Alto Bicycle Advisory Committee City School Traffic Safety committee -)- CMR:568:91 Attachment A RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE"CITY OF PALO ALTO APPROV1NG AND AUTHORIZING EXECUTION OF AN .... GREEMENT BETWEEN T"rfE CITY OF PALO ALTO AND THE COUNTY OF SAN'rA CLA.'V. TRANSIT DISTR!CT FOR COST SHARING FOR THE ALMA STREET BUS STCP DUCKOUT AT MEADOW DRIVE ~~, the City of Palo Alto wishes to receive County of Santa Clar-a grant funds in an amount not to exceed $27,000 in conn-ection with the Alma street/East MeadoW' bus turnout improvements project; and WHERU.5, the construction of the Alma Street at East Meadow bus turnout is presently underway: NOW, THEREFORE, the Cm . .!l1cil of the citl~ of Palo Alto does RESOLVE as follows: SECTION .L The city Council hereby approves and authorizes the City Manager to execute the Agreement between the City of Palo Alto and the county of Santa Clara Transit District for Cost Sharing for the Alma Street Bus Stop Duckout at Meadow D~ive and accept rrom the county a grant in an amount not to exceed $27,000 in connection 'With the Alma Street bus turnout improvement project~ SECTION 2. The City Council finds that the action hereby approved is categorically exempt under the Cal ifornia Envirorunental Quality Act. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: C it}~ Manager Assistant City Attorney Director of Public Works 9-11211 'YJI OO-'OiOl4.S , I " , --~"'--$""""--~ J ---~ttachmcr;t B AOJtSEXDI'l' BETWEEN 'l"IlI!! CITY OP PALO ALTO ~ 'l'IIl! COOllTY OF SANTA CLARA TRAIISIT DISTIUC"l' FOR C08'l' BID\ItIXO )'OR TKE ALKA STREET BUS STOP DtlCJ:Ol1'l' AT K&AD01I DRIVl! THIS AGREEMENT is made and ente~ed into on this ____ day o~ , 1991, 'by and between the CITY OF PALO ALTO, a municipal corporation of the State of California, hert!inafter referred to as "CITY", and the County of Santa Clara Transit District., a political subdivision of the St:ate of california, hereinafter referred to as -DISTRICT n : WHEREAS, CITY plans to a~ard a contract to construct road improvements on Meadow Drive at Alma street; and WHEREAS, DISTRICT has determined that the bus stop duckout to be installed along sovthbound Alma st:i"eet, beginning at the curb return of Meadow Drive and ending approximately one hundred seventy (170) fegt from the curb return# is warranted~ and WHEREAS, in the best interest of the public# CITY and DISTRICT desire tD.at CITY's road improvements and DISTRICT's bus stop ducJcout installation be constructed under a single construction contract (hereinafter, the lIICI'T'Y CONTRACT") I with said CITY's and DISTRICT's improvements hereinafter referred to as the • PROJECT-; NOW, Th~REFORE, £or and in consideration of their mutual promises and aqreenents, and subject to the terms, conditions, and provisions hereinafter set forth# the parties hereto do heraby agree as follows: 1. 2. 3 • A G R E E X B N T Plans. specintlcations and Estimate§.: CJTY shall prepare plans, specifications and estimates for the PROJECT, which shall include construction of the bus stop duckout at said bus stop site according to santa Clara County Transport~tion Agency Standards and Requirements. Aware of Con~ract and C:9nstruction: CITY shall award 3:nd adJ:ninister the CITY CONTRAC"!' for construction of the PROJECT .. Cost Sha_ring of ?ROJECT: The PROJECT shall be funded by CITY .. However, under this agreement DIS'l'RICT shall reimburse to CITY one hundred percent (100%) of the bus stop duckcut construction costs, not to exceed TWenty-seven Thousand Dollars ($27,000). The actual cost of the bus stop duckout improvements shall be determined from payments made by CITY to the PROJECT contractor for tha construction of the bus stop duckout improvements. 1 "nOIO be.: 002WXl " " ::, .,"-" - 4. Payment of PBOJEQ:.r Costs: CITY shall send DISTRICT a statement of costs tor the bus stop duckout imorovements after the award of the CITY CONTRACT~ DIS~CT agre~s to deposit Twenty-seven Thousand Dollars ($27.000) ~ith CITY ~ithin thirty (JO) days ot CITY's issuance of the statement. a. Upon completion of the PROJECT 6 CIT'll' sh~ll d.eter:air::e the actual cost of the bus stop duckout improvements and advise DISTRICT of DISTRICT'S share of the ~ost ~ased on the CITY CONTRAcr unit costs of items constructed. b. DISTRICT's share of the final cost of the PROJECT shall be determined ~ithin thirty (30) days after completion and acceptance of the PROJECT by CITY. c. Should DISTRICT'S final cost exceed the amount deposited with CITY, CITY shall absorb the additional amount unless provided otherwise in a subsequent agreement. d~ Should DISTRICT's final cost be less than the amount deposited 'With CIT¥, ClTi'" shall reflmd the excess amount to DISTRICT within thirty (30) days of the final accounting by CITY. 5. Mutual Hold Harmless: a. NEITHER DISTRICT, nor any agent., officer or e1:lployee thereof, shall be responsible for any loss, damage or liability occurring by reason of anything done or omitted to be done by CITY under this agreement. It is also understood and agreed that CITY shall protect, indemnify, defend and hold har~less DISTRICT from and against any loss, damage or liability imposed for any reason, including personal injury, death or damage to property, occurring by reason of anything done or ~mitted to be done by CITY under this agreement. 10. NEITHER CITY", nor any agent, officer or employee thereof, shall be responsible for any loss, damage or liabiljty occurring l;y reason of anythinq done or omitted to be done by DISTRICT or by the contractor awarded the CITY CONTRACT under this agreement. It is also understood and ag:--eed that CISTRICT shall protect, indemnify., defend and hold harmless CIT~ from and against any loss., damage or liability i::nposed for any reason, including; personal injury., death or damage to property, occurring by reason of anything done or omitted to be done by DISTRICT under this agreement. c. CITY st.all require any contractor awarded a contract for any portion of the PROJECT to secure and maintain in full force and effect at all times during construction of the PROJECT, and until the PROJECT is accepted by CIT¥, public liability and property damage insurance in forms and limits of liability satisfactory and acceptable to 2 91}OlObde OOlQl9(J • ·:·~G~"'.~ "~:, ." • () CITY, n~ming as additional insureds DISTRICT and CITY, and their respective i'l~ents, officers and employees., an.d covering any claims, loss, liability, cost or expense arising out ot or in any Yay connected ~ith the award or construction of the PROJECT .. 6. No Thi~d Party BeneficiaLY: This aoreement shall net be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever~ IN WITNESS w~EOF, the parties have executed thi5 agreement the day and year first set forth above~ ATTEST: City Clerk APPROVED AS TO FORM: As&istant City Attorney APPROVED AS TO CONTENT: Director of Public Works APPROVED AS TO FORM:."""''''/ £S • ./.T '7 , 1 ."L~//---d~--/., " 7 "I ~.--~ A=--, tRERBERT L. KEA'l'ON· "­ Deputy county Counsel ATTEST: DONALD M. RAINS, Clerk Board of Supervisors 911010 b4; 0020390 3 CITY OF PALO ALTO Mayor City Manger cotJ1.o'"TY OF SANTA CUo.FA TRANSIT DISTRICT ROD DIRlDON Chai rperson, County Trans it District Board . ..... ,a.ttacnment C RESOU)TION NO. RESOWTION OF THE COUNCIL OF THE" CITY OF PALO ALTO APPROVING AND AUTHO:rIZING EXECUTION OF PROCRAM SUPPLEMENT NOS~ 003 AND 004 TO LOCAL AGENCY-STATE AGREEMENT FOR FEDERAL AID PPOJECTS NO. 04-5100 WHEREAS, the City of Palo Alto wishes to ~eceive federal tunds totalling approximately $521,744 in connection with the Alma street/East Meadow and Ea~t Charleston Ir.tersection Improvements projects., CIP 19073 (acquisition ci vehicle gate/cantilever 'Warning systems and rubberized crossings) under a Local Agency-state Agreement f.or Federal-Aid Projects, program Supplement Agreements Nos. 003 and 004 (the "agreement;:;-):-and WHEREAS I the agreements will authori~e the State of California Department of Transportation to issue a r.otice to proceed to Southern Pacific to install the referenced improvements, and Southern Pacific .. ill complete the work within appro>l:imately four months; NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The city Council hereby approves and authorizes the City Manager to execute the Program Supplement Agreements Nos. 003 am! 004 'With the stat~ of California Department of Trans­ portation in order that the City may receive federal-aid matching funds grants ir~ the amount of $521,744 in connection with the Charleston Road and Meadow Drive improvement projects. SECTION 2. The City Council finds that the action hereby appr<:> ..... ed is categorically exempt under the Californie. Envircnmental Quality Act. INTRODUCED AND PASSED: AyES: NoES: ABSENT: ABSTENTIONS! ATTEST: APPROVED: Mayor APPROVED AS TO FORM: City Manager Assistant -CIty Attorney Director of Public Wo~r=k~s----- 91121. 1)'11 007')10144 $ • "." ., ___ "._ ...... _ .•• ' ,_, _____ ...-:elf'ifPil'j 'Lo.-•.. ,.4tk ..J..---~ --p,;;;;;RA.M SUPPLEKI!NT )1000) ,..,..-to LOCAL AG£NCY-STATE AG~EKENr FOR FVOERAL-AID PROJECTS NO. 0<-51CO Attachment 0 Oat~~cemher 4. 1991 Locat1 • 04-SCL-O-PA Project Nuab~' RRP-CJ20(001) z:.~. NUJDl:,oer: This Program Supplement is hereby incorporated into the Local ~gency-State Agreement {or Federal ~id ~hich ~as entered in~o betwe~n the Local Agency and the state on 04/10/78 and is subject to all the terms and conditions thereof. This progra~ Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master ~qreeDent under aut~ority of Resolution No. , approved by the Local Aq~ncy on (See copy attached). The Local Agency further stip~lates that as a condition to payment of funds I obligated to this project, it accepts and will comply ~ith the covenants or remarKS setforth en the follQ~i~g pages. PllOJECT TEItHINi; .~T MEADOW DRIVE A1/D THE SOUTHERN PACIFIC TRANSPORTATION CQMP>..'" RAILROAD GRADE CROSSING NUMBER E-)3.0. TYPE OF VORI: INSTALL TWO (2) CPUC NO. 9ADEVICES. LENGTH: 0.1 (MILES) -------- ?ROJECT CLASS2F2CATION OR FRASE(S) OF WORK [ } Preliminary Engineering r J Right-of-Way r ) construction ET.-gineering [Xl Construct-ien [XjBY FORCE ACOOU~T ----=------------- Estimated Cost! Fede.ral Funds -----~ Matching Funds ---- OTHER 298,140 139 ~ 268,)2~ $ 29,814 $ 0 $ o I I Local I OTHER I -------~-----------~~----------~---- CITY OF PALO AL~ STATE·OF CALZFORNIA Departm~nt af TransportatioD By Date-------=----- Attest Titl~e~======================~ ". 91-9;2 By _ = __ =_~=_ "",,-_ DEFUTY DISTRICT DIREctOR-OF TPANSPORTATION, DISTRICT 04 Date 12/9/ $ 268326.00 I Be f F..rod SOWr"CI oVIO.JWT --~- 2C..30.(1HJ.500 '\ ~ . , , /SCZ.-O-PA " .. .. ! /P-C320 (COl) SPECIAL COVENANTS OR REMARKS DATE: 12/04/91 PAGE: 2 q :"J .i I 1 1 I 1 ~ The cost of maintenance of t!le crossing shall be as allocated by Public utiliti~s commission. 2. All requi~ed p~vement marking and advance warning signs shall co~torm to the requirements of MUTeD, 1988 and shall be placed in their proper location by the L~cal Agency at the time of completion of the F.ailrcad's 'Work. 3. The Local Agency agrees the payment of Federal tunds ~ill be limited to the amounts a.pprov~d by the Federal Highway Administration in th.e Federal-Aid project Agreement (PR-2'/Oetail Estimate, O~ its modification {PR-2A} or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the NNondiscrimination Assurances" contained in the aforementioned Master Agraement for Federal-Aid Program. "--,. I tOO Date: ~~:/~liJl~~~";len(,£1991 Loc~t~: 04-SCL-O-PA proj ec:t NUlIlt._, ': RRP-C311 (001) E.A. Number: Supplement ls hereby inco~porated into the Local Agency-State tor Te~"ral Aili · .. ·hich was entered into bet-..leen the Local }l.gency state on 04/10j7e and is subject to all the terms and COIHH tions This Program surple~ent is ~dopted i~ accordance ~ith paragraph ~ II of the a!ore-::l€ntioned Master Agree:ment llndet' au't:hority of No. , approved b:t the Local Agency on attached.} 4 The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it acce~ts and .. ill co~,ply lro'ith the covenants or remarks setforth on the (cllowi~g pages. RROJECT orE RMINI : CHARLESTON ROAD AT T»E SO~ PACIFIC T~~SPORTATION COMPANY RAILROAD GRADE CROSSING NL~~ E-33.4. ------------------~--------- s TYPE OF WORX: INSTALL TWO (2) CPUC NO. 9A CEVICES. LENGTH: 0.1 (MILES) PROJEcr C7AllSIFICArION OR PEASE (5) OF WOR!< [ ] Preliminary Engiaeerir.g [J Right-of-Way r ] Constr~ction Enqinee~ing LX) Constru~tion (XJEY FORCE ACCOuNT Estimated Cost I CITY OF PALO ALTO By Date --~------- Federal Funds Matching Funds -~--~--- I Local I OTHER I OTH~R 25],41~ $ 28,157 ~ 0 ~ . o -----'-~----- STATE OF CALIFORNIA Department of Transportation By DEPUTY DISTRICT DIRECTOR OF TRANSPCRTATION, DISTRICT 04 Dat.e Attest ----------- Title 253418.00 , .. , 2660,'0, -l\9() ZO.3G.01C.SOC - -­I ", \ -=--. ;;: t , . ~: .- o4-SCL-O-PA RRP-~lll«()Ol) SPECIAL COVEN&~TS OR REMARKS DATE: l;?/04/91 PAGE: ;? 1. The cost of maintenance of th~ c~o5sing shall be as allocated by Public utilities Commission. 2. All required pavement marking and advance \olarning signs 5hz-ll com!orm to the requirements of MUTeD, 1988 and shall be placed in their proper location by the Lo~al Agency at the time of cot!tpletion of the Railroad's 'Work. 34 The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in tbe Federal-Aid Project Agreement (fR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown ::'!:n the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads4 44 In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurar:cesl"! contained in the ~forementioned Master Aqreement for Federal-Aid Program. •