HomeMy WebLinkAboutReso 40-2017 (17-477) SANS City of South San Francisco
c ..pp P.O. Box 711 (City Hall,
o 3° `ra 400 Grand Avenue)
South San Francisco,CA
City Council
CA t/oar` Resolution: RES 40-2017
File Number: 17-477 Enactment Number: RES 40-2017
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
THE SECOND AMENDMENT TO THE COOPERATIVE
AGREEMENT FOR THE SOUTH SAN FRANCISCO CALTRAIN
STATION WITH THE PENINSULA CORRIDOR JOINT POWERS
BOARD IN AN AMOUNT NOT TO EXCEED $1,500,000 FOR
ADDITIONAL PROJECT ENHANCEMENTS AND SECURITY
UPGRADES.
WHEREAS, on December 9, 2015, PCJPB and City entered into the Agreement, pursuant to which City
contracted with PCJPB to perform or contract for the performance of all design, project management,
construction management,construction engineering and reconstruction related to the South San Francisco
Caltrain Station("Project"); and
WHEREAS,pursuant to the Agreement,City agreed to reimburse PCJPB a sum not to exceed$5,900,000
for Project reconstruction, including all planning, design, construction/project management, inspection
and administration necessary provided in the Agreement(Exhibit A); and
WHEREAS, the City, as intended, identified important structural design changes to the original 2008
Project design to optimize the safety and pedestrian experience; and
WHEREAS,the structural design changes were incorporated into the Project at the direction of PCJPB in
coordination with the City and SWA Architects; and
WHEREAS, the City contributed an additional not to exceed $1,300,000 for the City'requested structure
changes detailed in the First Amendment to the original agreement(Exhibit B); and
WHEREAS,the City has identified further design enhancements and security upgrades to the Project and
has vetted these improvements with the community; and
WHEREAS,these design enhancements and security upgrades will be incorporated by the PCJPB into the
Project in coordination with the City and SWA Architects, and
WHEREAS, the estimated cost of the design enhancements and security upgrades is one and one-half
million dollars($1,500,000); and
City of South San Francisco Page 1
File Number: 17-477 Enactment Number: RES 40-2017
WHEREAS,the Parties desire to amend the Cooperative Agreement with a Second Amendment in order
to modify the Project and commit additional City funds to cover the costs of the requested changes.
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the
City Council hereby approves a Second to the Cooperative Agreement for the South San Francisco
Caltrain Station with the Peninsula Corridor Joint Powers Board in an amount not to exceed $1,500,000,
attached hereto as Exhibit C.
BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the
Finance Department to establish a$1,500,000 project budget to include the estimated costs consistent with
the information contained in the staff report.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute this
Second to the Cooperative Agreement for the South San Francisco Caltrain Station with the Peninsula
Corridor Joint Powers Board on behalf of the City with any minor modifications,as deemed necessary,and
subject to approval as to form by the City Attorney.
At a meeting of the City Council on 5/10/2017, a motion was made by Richard Garbarino, seconded by
Liza Normandy, that this Resolution be approved. The motion passed.
Yes: 5 Vice Mayor Normandy, Councilmember Garbarino, Councilmember
Matsumoto, Mayor Gupta, and Councilmember Addiego
Attest by I\Mir
Gabriel Rodriguez
City of South San Francisco Page 2
COOPERATIVE AGREEMENT
STATION
This Cooperative Agr °eernent,fbi* the South San Franc=isco Caltrain station ( "Agreement ") is
entered into on December 9, 2015 between the Peninsula Corridor Joint Powers Board ( "PCJPB ")
and the City of South San Francisco ( "SSF"), each of which is referred to herein individually as "Party"
and jointly as "Parties,
RECITALS
WHEREAS, the PCJPB is a public agency existing under the laws of the State of California and
operates commuter rail passenger service ( "Caltrain ") between San Francisco and Gilroy California, and
owns, operates and provides rail service to a station in South San Francisco
( "South San Francisco Caltrain Station" or "Station "); and
WHEREAS, SSF is a municipal corporation in the State of California; and
WHEREAS, the Parties desire the PCJPB to reconstruct the South San Francisco Caltrain
Station ( "Project "); and
WHEREAS, the Project will entail design, project management, construction management,
construction engineering and reconstruction of the Station; and
WHEREAS, the PCJPB agrees to perform or contract for the performance of all services, and
provide all materials required, for completion of the Project; and
WHEREAS, PCJPB will own and maintain all Station improvements and other facilities
constructed as part of the Project; and
WHEREAS, to facilitate the completion of the Project, SSF agrees to provide partial funding for
the Project; and
WHEREAS, pursuant to its Downtown Plan and in concert with the Project, SSF intends to
build a vibrant and diverse downtown surrounding; the Station that includes pedestrian and bicycle
improveruents, high - density development, and mixed land uses ( "Downtown Plan Work''); and
WHEREAS, can October 1, 20,15n the PCJPB's Board of Directors, by Resolution 2015-56,
approved this Agreement; and
WHEREAS, on November 18, 2015, the SSF City Council, by Resolution 140- 2016; approved
this Agreement.
NOW THEREFORE, in consideration of the mutual benefits and obligations herein, the PCJPB
and SSF agree as follows:
a. Description. The Project shall consist of the design, project management, construction
management, and construction of Station infi-astructure that meets current Caltrain
standards, including the construction of a new center platform and bike /pedestrian
underpass to eliminate the "Hold -Out- Rule."
b. Scone of Work. The Project shall reconstruct Caltrain infrastructure at the Station
including: an extension and reconfiguration of Station platforms and facilities
approximately 700 feet to the south; construction of a new center platform; a new
pedestrian and bicycle undercrossing between the east and west sides of the Station; new
shuttle pick -up area on the east side of the Station; signalized at -grade pedestrian
crossing at the north end of the Station; and a new pedestrian and bicycle tunnel entry
plaza on the west side of the Station. The PCJPB shall provide all planning, design,
construction, project management, construction management, inspection and
administration necessary to complete the Project. Other elements of the Downtown Plan
Work that are not on the Station property are not part of the Project or Project Scope of
Work.
e. Project Schedule. The Project is anticipated to be completed by June 20, 2018,
Consistent with the projected completion date, a Project schedule will be prepared and
approved solely by the PCJPB. PCJPB will use its best efforts to conform to the
schedule, work cooperatively with SSF throughout the Project and inform SSF of
Project - related scheduling and any project related delays.
d, Status Reports.. The PCJPB shall keep SSF staff aware of the progress of the Project
through quarterly w r i t t e n status reports.
e. Proiect Completion Deliverables /Final Acceptance. PCJPB shall provide SSF with a
copy of the notice of completion of the Project. Prior to the completion date, the PCJPB
shall notify SSF of the final acceptance inspection.
a. Project Cost and Funding.
i. The total cost of the Project is $59m, of which $4m had previously been
expended to complete environmental and anal design for the Project. The
funding needed to complete the Project is $55m, which is made up of $5.9m from
SSF, or 10% of the total project cost, and $49.1m ofSMCTA Measure A funds.
ii. Should the total project cost exceed $59,100,000 and both parties agree they are
reasonable cost increases, the two parties shall negotiate as to how to fund the
cost increase, or reduce the scope of the project in order to bring the cost back to
$59,100,000, or below.
b, SSF Contribution to Project.
IN
i. SSF shall reimburse the PCJPB up ten percent (1.0 %) of the total. Project costs,
and in an amount not to exceed $5,900,000, in the manner described below.
ii. In the event the Project receives additional funds above and beyond the $5.9m of
SSF and $49.1m of SMCTA funds after the execution of this agreement, SSF's
and SMCTA's combined contribution would be reduced by the amount of grant
funds secured, 10% for SSF and 90% for SMCTA.
SSF agrees to pay the PCJPB, on a quarterly basis, ten percent (10 %) of the
Project costs incurred the prior quarter until the total payments reach SSF's
maximum obligation ($5,900,000 or a reduced amount calculated as set forth in
paragraph (ii), above) or ten percent (10 %) of the total Project cost, whichever is
less. In each month following the end of a fiscal quarter, the PCJPB shall provide
SSF a billing statement showing actual Project costs incurred and paid for by
PCJPB, other grant funds used for the Project, and SSF payments to date. PCJPB
will enclose appropriate supporting documentation with the billing statement to
substantiate actual Project costs. SSF shall review the billing statement and remit .
the amount due within no more than thirty (30) calendar days of receipt of the
billing statement. To the extent SSF's payments over the term of this Agreement
are less than SSF's maximum obligation or ten percent (10 %) of the total Project
cost, the PCJPB's final billing statement shall reflect, and SSF shall pay, the
amount necessary such that the total of SSF's payments equal the lesser of SST's
maximum obligation or ten percent (10 %) of the total Project cost.
3. INDEMNIFICATION.
a. The PCJPB shall indemnify, keep and save harmless SSF and its councilm embers,
officers, agents and employees (collectively, "Indemnitees ") against any and all suits,
claims or actions arising out of any act or omission by the PCJPB, its agents, employees,
contractors or subcontractors in connection with of the following:
i. Any injury to persons or property that may occur, or that may be alleged to have
occurred, arising from the performance of the Project or implementation of this
Agreement, or
ii. Any allegation that materials or services developed, provided or used for the Project
infringe or violate any copyright, trademark, patent, trade secret, or any other
intellectual - property or proprietary right of any third party.
b. SSF shall indemnify, keep and save harmless the PCJPB, as well as the San Mateo
County Transit District, the Santa. Clara Valley Transportation Authority, the City and
County of San Francisco, TransitAmerica Services, Inc. or any successor Operator of the
Service, and the Union Pacific Railroad Company and each of their and its directors,
officers, agents and employees (collectively, "Indemnitees ") against any and all suits,
claims or actions arising out of any act or omission by SSF, its agents, employees,
contractors or subcontractors in connection with of the following;
9
i. Any injury to persons or property that may occur, or that may be alleged to have
occurred, arising from the performance of the Project, the Downtown Plan Work
or implementation of this Agreement; or
ii. Any allegation that materials or services developed, provided or used for the Project
or the Downtown flan Work infringe or violate any copyright, trademark, patent,
trade secret, or any other intellectual- property or proprietary right of any third party.
C, In case of any and all suits, claims or actions arising out of any act or omission by an
indemnifying Party or its agents, employees, contractors or subcontractors, each
indemnifying Party further agrees to defend any and all such actions, suits or claims and
pay all charges of attorneys and all other costs and expenses of defenses of the other
Parties and other Indemnitees as they are incurred. If any judgment is rendered, or
settlement reached, against any Indemnitees in any such action, the indemnifying Party
will, at its expense, satisfy and discharge the same.
d. This indemnification shall survive termination or expiration of this Agreement.
4. TERM.
a. This Agreement shall commence on December 9, 2015and will terminate upon the June
30, 2018.
i! Il if 1 "0 _9 Oki K903 161
a. The PCJPl3 and SSF shall maintain, and shall require their contractors to maintain, in
accordance with generally accepted accounting principles and practices, complete
books, accounts, records and data pertaining to services performed under this
Agreement, including the costs of contrast administration. Such documentation shall be
supported by properly executed payrolls, invoices, contracts and vouchers evidencing in
detail the nature and propriety of any charges and sufficient to allow a proper audit of
services. All checks, payrolls, invoices, contracts and other accounting documents
pertaining in whole or in part to the services shall be clearly identified and readily
accessible.
b. For the duration of the Agreement, and for a period of three years after final payment,
SF, and its representatives shall have access during normal business hours to any
books, accounts, records, data and other relevant documents that are pertinent to this
Agreement for audits, examinations, excerpts, and transactions and copies thereof shall .
be furnished upon request.
6. NOTICES.
a. All notices required or permitted under this Agreement shall be given by first class mail
to the Parties designated below or to another person as the Parties may designate in
writing from tilne to time.
in
7.
SSF: City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
Attn: Brian McMinn, Public Works Director
PCJPB: Peninsula Corridor Joint Powers Board
1250 San Carlos Avenue
San Carlos, CA 94070
Attn: April Chan, Chief Officer, Planning, Grants and
Transportation Authority
MISCELLANEOUS PROVISIONS.
a. Entire Agieement, This Agreement constitutes the entire agreement between the Parties
pertaining to the subject matter contained therein and supersedes all prior or
contemporaneous agreements, representations and understandings of the Parties relative
thereto.
b, Headings. The subject headings of the articles and paragraphs in this Agreement are
included for convenience only and shall not affect the construction or interpretation of
any of its provisions,
c. Severability. If any portion of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, all remaining portions of the
Agreement, or the application thereof, will remain in full force and effect..
d, Construction and Intel retation of Agreement. This Agreement, and each of its
provisions, terms and conditions, has been reached as a result of negotiations between the
Parties, Accordingly, each Party expressly acknowledges and agrees that: this
Agreement shall not be deemed to have been authored, prepared, or drafted by any
particular Party; and that the rule of construction to the effect that ambiguities are to be
resolved against the drafting Party shall not be employed in the interpretation of this
Agreement or in the resolution of disputes.
e, No Waiver. No waiver of any default or breach of any covenant of this Agreement by
either Party can
be
implied from any omission by the
other Party to take action on
account of such
default if such default persists or is repeated.
Express waivers are
limited in scope
and
duration to their express provisions.
Consent to one action does not
imply consent to
any
future action.
f, Modifications.
This
Agreement may only be modified
in a writing executed by both
Parties.
g. Successors and Assigns.
No Party can assign, transfer or otherwise substitute its interests
or obligations under
this
Agreement
without the written consent of the other Party.
h. Governing Law. This Agreement is governed by the laws of the State of California as
applied to contracts that are made and performed entirely in California.
i, Compliance with Applicable Law. In the performance of services hereunder, the
PCJPB and its contractors shall comply with all applicable requirements of state,
federal and local laws and regulations.
j. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules,
studies, memoranda, and other documents assembled for or prepared by or for the PCJPB
relative to the Project are the sole property of the JPB unless otherwise agreed upon by
the PCJPB.
lc. Non- discrimination. The Parties and any contractors performing services on behalf of
the Parties will not discriminate or permit discrimination against any person or group of
persons on the basis of race, color, religion, national origin or ancestry, age, sex, sexual
orientation, marital status, pregnancy, childbirth or related conditions, medical condition,
mental or physical disability or veteran's status, or in any manner prohibited by federal,
state or local laws.
1. Attorneys, Fees. In the event legal proceedings are instituted to enforce any provision of
this Agreement, the prevailing Party in said proceedings is entitled to its costs, including
reasonable attorneys' fees.
in. Relationship of the Parties. It is understood that this is an Agreement by and between .
independent contractors and does not create the relationship of agent, servant, employee,
partnership, joint venture or association, or any other relationship other than that of
I
ndependent contractor.
n. Warranty of Authority to Execute Agreement. Each Party to this Agreement represents
and warrants that each person whose signature appears hereon is authorized and has the
full authority to execute this Agreement on behalf of the entity that is a Party to this
Agreement.
M
IN WITNESS WHEREOF, S F and the PCJPB have entered into this Agreement as of the date
first noted above,
DEPUTY CITY
By:
NanyA�: Like Futrell
Its: City Manager
Approved as to Form:
for the SSF
OAR
0
Name: Jim Hartnett
Its: Executive Director
P6PB Secretary
N
as to Form:
13313787.2
FIRST AMENDMENT TO THE COOPERATIVE AGREEMENT
FOR FUNDING OF IMPROVEMENTS TO CALTRAIN RAIL
INFRASTRUCTURE AT THE SOUTH SAN FRANCISCO CALTRAIN
STATION
This First Amendment to the Cooperative Agreement for the South San Francisco
Caltrain Station (this “First Amendment”) amending that certain Cooperative Agreement
dated December 9, 2015 (“Agreement”), by and between The City of South San
Francisco, a public body, corporate and politic (“City” or “SSF”), and The Peninsula
Corridor Joint Powers Board (“PCJPB”) (together referred to as the “Parties”), is made
effective as of January 25, 2017 (the “Effective Date”).
RECITALS
WHEREAS, on December 9, 2015, the PCJPB and the City entered into the Agreement,
pursuant to which City contracted with PCJPB to perform or contract for the performance
of all design, project management, construction management, construction engineering
and reconstruction related to the South San Francisco Caltrain Station (“Project”); and
WHEREAS, pursuant to the Agreement, City agreed to pay PCJPB a sum not to exceed
Five Million, Nine Hundred Thousand Dollars ($5,900,000) for the Project, including all
planning, design, construction/project management, inspection and administration
necessary for reconstruction of the South San Francisco Caltrain Station; and
WHEREAS, in October 2016, the City, as intended, requested revisions to the original
2008 Project design to optimize the safety and pedestrian experience at the South San
Francisco Caltrain Station, by altering the Project’s ramp and retaining wall geometry
and profiles, plaza architectural theme, and drainage and lighting system (“Design
Changes”);
WHEREAS, these Design Changes are currently being incorporated into the Project at
the direction of PCJPB in coordination with the City and the City's design consultant,
SWA Landscape and Architecture; and
WHEREAS, the additional engineering, design, and construction associated with these
Design Changes will increase the overall costs of the Project and the City’s contribution
by up to One Million, Three Hundred Thousand Dollars ($1,300,000); and
WHEREAS, the Parties desire to modify the Project cost allocation set forth in the
Agreement in order to incorporate the Design Changes and extend the term of the
Agreement for an additional eighteen months.
NOW, THEREFORE, the Parties hereto agree as follows:
13313787.2
1. Section 2, FUNDING OF PROJECT, is amended in its entirety to read:
2. FUNDING OF PROJECT.
a. Project Cost and Funding.
i. The cost of the Project not directly associated with the Design
Changes is $59 million, of which $4 million has previously been
expended to complete environmental and final design for the Project.
The funding needed to complete the Project, not including the Design
Changes, is $55 million, of which $5.9 million, or 10%, is to be
provided by the City and $49.1 is to be provided by San Mateo County
Transportation Authority’s (SMCTA) Measure A.
ii. The additional Project cost that is directly associated with engineering,
designing and constructing the Project to implement the Design
Changes is projected to be $1.3 million, which will be provided by the
City.
iii. Should the total Project costs exceed the amounts set forth in
subsections (i) and (ii), the Parties will negotiate as to how to the fund
the cost increases and/or reduce the scope of the Project and/or the
Design Changes, to reduce the costs to be consistent with the amounts
set forth in subsections (i) and (ii).
b. SSF Contribution to Project.
i. SSF will reimburse the PCJPB up to ten percent (10%) of the Project
costs not directly associated with the Design Changes, in an amount
not to exceed $5.9 million, in the manner described below. In addition,
SSF will reimburse the PCJPB 100% of the Project costs directly
associated with or resulting from the Design Changes, in an amount
not to exceed $1,300,000, also in the manner described below.
ii. In the event the Project receives additional funds from other sources
above and beyond those contemplated herein after the execution of this
First Amendment, SSF’s and SMCTA’s combined contributions would
be reduced by the amount of grant funds secured (10% for SSF and
90% for SMCTA in the case of Project costs not including the Design
Changes, and 100% for SSF in the case of Project costs associated
with the Design Changes).
iii. SSF agrees to pay the PCJPB, on a quarterly basis
A. For Project costs not associated with the Design Changes:
Ten percent (10%) of the Project costs incurred the prior
quarter until the total payments reach SSF’s maximum
13313787.2
obligation ($5.9 million or a reduced amount calculated as
set forth in paragraph (ii), above) or ten percent of the
Project costs (not including costs associated with the
Design Changes), whichever is less; and
B. For Project costs associated with the Design Changes: All
(100%) of the Project costs incurred in the prior quarter
until the total payments reach SSF’s maximum obligation
($1.3 million or a reduced amount calculated as set forth in
paragraph (ii), above).
iv. In each month following the end of a fiscal quarter, the PCJPB must
provide SSF a billing statement showing actual Project costs incurred
and paid for by the PCJPB, other grant funds used for the Project, and
SSF payments to date. PCJPB must enclose appropriate supporting
documentation with the billing statement to substantiate actual Project
costs. SSF must review the billing statement and remit the amount due
within no more than thirty (30) calendar days of receipt of the billing
statement. To the extent SSF’s payments over the term of this
Agreement are less than SSF’s maximum obligation, or ten percent of
Project costs not associated with the Design Changes and 100% of
Project costs associated with the Design Changes, the PCJPB’s final
billing statement should reflect, and SSF must pay, the amount
necessary to meets its funding commitments hereunder.
2. Section 4, TERM, is amended in its entirety to read:
4. TERM
a. This Agreement shall commence on December 9, 2015 and will terminate on
December 31, 2019.
3. All other terms, conditions and provisions in the Agreement not modified by this First
Amendment remain in full force and effect.
IN WITNESS WHEREOF, the City and PCJPB have executed this First Amendment as
of ____________, to be in effect as of January 25, 2017.
City PCJPB
The City of South San Francisco Peninsula Corridor Joint Powers Board
____________________________ _____________________________
Mike Futrell Name: Jim Hartnett
City Manager Title: Executive Director
13313787.2
ATTEST: ATTEST:
___________________________ ___________________________
City Clerk PCJPB Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
__________________________ __________________________
Legal Counsel for City Legal Counsel for PCJPB
SECOND AMENDMENT TO THE COOPERATIVE AGREEMENT
FOR FUNDING OF IMPROVEMENTS TO CALTRAIN RAIL
INFRASTRUCTURE AT THE SOUTH SAN FRANCISCO CALTRAIN
STATION
This Second Amendment to the Cooperative Agreement for the South San Francisco
Caltrain Station (this “Second Amendment”) amending that certain Cooperative
Agreement dated December 9, 2015 (“Agreement”), by and between The City of South
San Francisco, a public body, corporate and politic (“City”), and The Peninsula Corridor
Joint Powers Board (“PCJPB”) (together referred to as the “Parties”), is made effective as
of May 10, 2017 (the “Effective Date”).
RECITALS
WHEREAS, on December 9, 2015, PCJPB and City entered into the Agreement,
pursuant to which City contracted with PCJPB to perform or contract for the performance
of all design, project management, construction management, construction engineering
and reconstruction related to the South San Francisco Caltrain Station (“Project”); and
WHEREAS, pursuant to the Agreement, City agreed to pay PCJPB a sum not to exceed
Five Million Nine Hundred Thousand Dollars ($5,900,000) for Project reconstruction,
including all planning, design, construction/project management, inspection and
administration necessary provided in the Agreement; and
WHEREAS, the City, as intended, identified important design changes (“Phase I Design
Changes”) to the original 2008 Project design to optimize the safety and pedestrian
experience of the Project; and
WHEREAS, these Phase I Design Changes were incorporated into the Project at the
direction of PCJPB in coordination with the City and SWA Architects; and
WHEREAS, these Phase I Design Changes increased the overall costs of the Project and
City contribution by up to One Million Three Hundred Thousand Dollars ($1,300,000),
and was related to additional Project engineering, design, and construction costs; and
WHEREAS, the additional Phase I Design Changes costs were authorized by the City
Council on January 25, 2017 through the approval of the First Amendment to
Cooperative Agreement for the South San Francisco Caltrain Station (“First
Amendment”); and
WHEREAS, the City has identified further design changes (“Phase II Design Changes”)
to improve the aesthetic appearance of the Project; and
WHEREAS, these Phase II Design Changes will be incorporated into the Project at the
direction of PCJPB in coordination with the City and SWA Architects, and
WHEREAS, these Phase II Design Changes will increase the overall costs of the Project
and City contribution by an additional cost, up to One Million Five Hundred Thousand
Dollars ($1,500,000) related to additional Project design, material upgrades, and
contingency funds; and
WHEREAS, the Parties desire to modify the Project cost allocation set forth in the
Agreement in order to incorporate the Phase II Design Changes.
NOW, THEREFORE, the Parties hereto agree as follows:
1. Section 2, FUNDING OF PROJECT, is amended in its entirety to read:
2. FUNDING OF PROJECT.
a. Project Cost and Funding.
i. The cost of the Project not directly associated with the Phase I Design
Changes and Phase II Design Changes (collectively “Design
Changes”) is $59 million dollars, of which $4 million dollars has
previously been expended to complete environmental and final design
for the Project. The funding needed to complete the Project, not
including the Design Changes, is $55 million, of which $5.9 million
dollars, or 10%, is to be provided by the City and $49.1 million dollars
is to be provided by San Mateo County Transportation Authority’s
(SMCTA) Measure A.
ii. The additional Project cost that is directly associated with engineering,
designing and constructing the Project to implement the Phase I
Design Changes is projected to be $1.3 million, which will be
provided by the City.
iii. The additional Project cost that is directly associated with designing,
engineering, and constructing the Project to implement the Phase II
Design Changes is projected to be up to $1.5 million, which will be
provided by the City.
iv. Should the total Project costs exceed the amounts set forth in
subsections (i), (ii) and (iii), the Parties will negotiate as to how to the
fund the cost increases and/or reduce the scope of the Project and/or
the Phase I Design Changes and Phase II Design Changes, to reduce
the costs to be consistent with the amounts set forth in subsections (i),
(ii) and (iii).
b. SSF Contribution to Project.
i. SSF will reimburse the PCJPB up to ten percent (10%) of the Project
costs not directly associated with the Design Changes, in an amount
not to exceed $5.9 million, in the manner described below. In addition,
SSF will reimburse the PCJPB 100% of the Project costs directly
associated with or resulting from the Phase I Design Changes, in an
amount not to exceed $1,300,000, and the Phase II Design Changes, in
an amount not to exceed $1,500,000 also in the manner described
below.
ii. In the event the Project receives additional funds from other sources
above and beyond those contemplated herein after the execution of the
First or Second Amendments, SSF’s and SMCTA’s combined
contributions would be reduced by the amount of grant funds secured
(10% for SSF and 90% for SMCTA in the case of Project costs not
including the Phase I and II Design Changes, and 100% for SSF in the
case of Project costs associated with the Phase I and Phase II Design
Changes).
iii. SSF agrees to pay the PCJPB, on a quarterly basis
A. For Project costs not associated with the Design Changes:
Ten percent (10%) of the Project costs incurred the prior
quarter until the total payments reach SSF’s maximum
obligation ($5.9 million or a reduced amount calculated as
set forth in paragraph (ii), above) or ten percent of the
Project costs (not including costs associated with the Phase
I and II Design Changes), whichever is less; and
B. For Project costs associated with the Design Changes: All
(100%) of the Project costs incurred in the prior quarter
until the total payments reach SSF’s maximum obligation
($2.8 million or a reduced amount calculated as set forth in
paragraph (ii), above).
iv. In each month following the end of a fiscal quarter, the PCJPB must
provide SSF a billing statement showing actual Project costs incurred
and paid for by the PCJPB, other grant funds used for the Project, and
SSF payments to date. PCJPB must enclose appropriate supporting
documentation with the billing statement to substantiate actual Project
costs. SSF must review the billing statement and remit the amount due
within no more than thirty (30) calendar days of receipt of the billing
statement. To the extent SSF’s payments over the term of this
Agreement are less than SSF’s maximum obligation, or ten percent of
Project costs not associated with the Phase I and II Design Changes
and 100% of Project costs associated with the Phase I and II Design
Changes, the PCJPB’s final billing statement should reflect, and SSF
must pay, the amount necessary to meets its funding commitments
hereunder.
2. All other terms, conditions and provisions in the Agreement and First Amendment
not modified by this Second Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the City and Consultant have executed this Second
Amendment as of _____________, to be in effect as of May 10, 2017.
City PCJPB
The City of South San Francisco Peninsula Corridor Joint Powers Board
____________________________ _____________________________
Mike Futrell Name: Jim Hartnett
City Manager Title: Executive Director
ATTEST:
___________________________ ___________________________
City Clerk PCJPB Secretary
APPROVED AS TO FORM:
__________________________ __________________________
Legal Counsel for City Legal Counsel for PCJPB