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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:
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CMR:568:911
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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.
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CMR:568:91
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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
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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
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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.
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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.
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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
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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
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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
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,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
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--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
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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
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, /SCZ.-O-PA
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! /P-C320 (COl)
SPECIAL COVENANTS OR REMARKS
DATE: 12/04/91
PAGE: 2
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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.
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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.
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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
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I Local I OTHER I OTH~R 25],41~ $ 28,157 ~ 0 ~ . o
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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
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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.
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