HomeMy WebLinkAboutReso 19-2019 (19-108)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 19-2019
File Number: 19-108 Enactment Number: RES 19-2019
RESOLUTION APPROVING A JOINT MAINTENANCE
AGREEMENT WITH THE PENINSULA CORRIDOR JOINT
POWERS BOARD FOR THE PENINSULA CORRIDOR
ELECTRIFICATION PROJECT, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE JOINT MAINTENANCE
AGREEMENT.
WHEREAS, Peninsula Corridor Joint Powers Board ("PCJPB") operates the Caltrain commuter rail
system, for which it owns the right of way between San Francisco and San Jose ("Caltrain
Right -of -Way"), and upon which it is developing the Peninsula Corridor Electrification Project
("PCEP"), which will electrify the rail operation on the Caltrain Right -of -Way; and
WHEREAS, PCJPB requires the execution of a joint maintenance agreement ("JMA") between PCJPB
and the City of South San Francisco ("City") before performing work for the PCEP on City lands and
property; and
WHEREAS, a JMA will set forth the roles and responsibilities of PCJPB and City for respective
construction and maintenance obligations moving forward; and
WHEREAS, this JMA will provide clarity and accountability for all ongoing maintenance related to
Caltrain Right -of -Way and City Right -of -Way, and any shared responsibilities to ensure a high quality
and safe, functional PCEP; and
WHEREAS, the City will need to execute a JMA with PCJPB prior to issuance of any necessary
encroachment permits for PCJPB to perform work within the City Right -of -Way; and
WHEREAS, the costs for the construction management and maintenance are accounted for in PCJPB
PCEP budget and/or will be accounted for in future operating budgets for PCJPB.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that
the City Council hereby approves a Joint Maintenance Agreement with the Peninsula Corridor Joint
Powers Board for the Peninsula Corridor Electrification Project, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute this
Joint Maintenance Agreement with the Peninsula Corridor Joint Powers Board for the Peninsula
Corridor Electrification Project on behalf of the City in substantially the same form as attached hereto as
Exhibit A; to make any revisions, amendments, corrections and modifications, subject to the approval of
the City
City of South San Francisco Page 1
File Number., 19-108
Enactment Number. RES 19-2019
Attorney, deemed necessary to carry out the intent of this Resolution and which do not materially alter or
increase the City's obligations thereunder; and to take any related action reasonably necessary to carry
out the intent of this Resolution.
At a meeting of the City Council on 2/13/2019, a motion was made by Richard Garbarino, seconded by Mark
Nagales, that this Resolution be approved. The motion passed.
Yes: 4 Mayor Matsumoto, Vice Mayor Garbarino, Boardmember Nagales, and
Boardmember Nicolas
Absent: 1 Boardmember Addiego
Attest by q W 4W
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4sa Govea Acosta
City of South San Francisco Page 2
JOINT MAINTENANCE AGREEMENT
WITH
PENINSULA CORRIDOR JOINT POWERS BOARD
THIS AGREEMENT is made effective this ______ day of ____________, 2019, by and between
the City of South San Francisco, hereinafter referred to as “CITY” and the Peninsula Corridor Joint
Powers Board, a joint powers agency created under Government Code Section 6500 et seq.,
hereinafter referred to as “JPB” and collectively referred to as “PARTIES.”
SECTION I
RECITALS
1. WHEREAS, CITY is a government entity which owns lands and property rights for public
roadway purposes and is responsible for the planning, construction and maintenance of its
street system; and
2. WHEREAS, the JPB operates the Caltrain commuter rail system, for which it owns the right of
way between San Francisco and San Jose (Caltrain Right-of-Way), and upon which it is
developing the Peninsula Corridor Electrification Project (PCEP), which will electrify the rail
operation on the Caltrain Right-of-Way; and
3. WHEREAS, the PCEP requires the installation of certain enhanced barriers on certain public
street overcrossings ("Overcrossings") over the Caltrain Right-of-Way, in order to separate the
overhead roadway from the electrified rail system; and
4. WHEREAS, the PCEP will be attaching certain fixtures to the underside of the Overcrossings
at Grand Avenue and Oyster Point Boulevard which will require the installation of safety
barriers; and
5. WHEREAS, PARTIES desire to address the long-term maintenance and operational
responsibilities of PCEP fixtures and safety barriers (collectively, the "Facilities") that are
located on the Overcrossings.
NOW THEREFORE IT IS AGREED:
SECTION II
AGREEMENT
1. JPB agrees to maintain the safety barriers on the Overcrossings shown on the map and
photographs attached hereto, marked Exhibit A, and made a part hereof by this reference. JPB
will also be attaching PCEP fixtures to the undersides of the Overcrossings shown in Exhibit
A.
2. JPB must obtain the necessary encroachment permits from CITY prior to entering CITY right
of way to perform JPB maintenance responsibilities on the roadways. These permits will be
issued at no cost to JPB.
3. VEHICULAR AND PEDESTRIAN OVERCROSSINGS
3.1. CITY will continue to inspect and maintain, at CITY expense, the entire structure of any
CITY constructed vehicular and pedestrian overcrossings of the JPB Right-of-Way.
3.2. JPB will maintain, at JPB expense, safety barriers on the overcrossings and any PCEP
fixtures attached to the underside of the overcrossings. JPB shall reimburse CITY for any
costs related to the removal and reattachment of PCEP Facilities to Overcrossing
structures, should such structures require reconstruction.
3.3. CITY will perform emergency repairs and maintenance of any safety barriers that are
damaged and require repairs or maintenance work in order to protect public safety or the
orderly operation of the public roadway. JPB will be responsible for reimbursing CITY
for the cost of such emergency repairs and maintenance that are not recovered from third
parties who have caused the damage.
3.4. CITY may contact JPB at the following numbers:
Accidents/Emergencies: Caltrain Emergency Dispatch San Jose (Central Control
Facility-CCF) 408-271-4987
Routine Maintenance: Deputy Director, Rail Infrastructure 650-508-7780
Future Improvements: Deputy Director, Capital Program Delivery, 650-508-7783
4. LEGAL RELATIONS AND RESPONSIBILITIES
4.1. Nothing within the provisions of this Agreement is intended to create duties or obligations
to or rights in third parties not PARTIES to this Agreement or to affect the legal liability
of a PARTY to the Agreement by imposing any standard of care with respect to the
operation and maintenance of CITY roadways and local facilities different from the
standard of care imposed by law.
4.2. Neither JPB nor any officer or employee thereof is responsible for any injury, damage or
liability occurring by reason of anything done or omitted to be done by CITY, under or in
connection with any work, authority or jurisdiction conferred upon CITY arising under
this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and
save harmless JPB and all of their officers and employees from all claims, suits or actions
of every name, kind and description brought forth under, including, but not li mited to,
tortuous, contractual, inverse condemnation and other theories or assertions of liability
occurring by reason of anything done or omitted to be done by CITY under this
Agreement.
4.3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage
or liability occurring by reason of anything done or omitted to be done by JPB under or in
connection with any work, authority or jurisdiction conferred upon JPB and arising under
this Agreement. It is understood and agreed that JPB shall fully defend, indemnify and
save harmless CITY and all of its officers and employees from all claims, suits or actions
of every name, kind and description brought forth under, including, but not li mited to,
tortuous, contractual, inverse condemnation or other theories or assertions of liability
occurring by reason of anything done or omitted to be done by JPB under this Agreement.
1
14534983.1
5. INSURANCE - JPB and its contractors shall maintain in force, during the term of this
agreement, a policy of general liability insurance, including coverage of bodily injury liability
and property damage liability, naming the CITY, its officers, agents and employees as the
additional insured in an amount of $1 million per occurrence and $2 million in aggregate and
$5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form
satisfactory to the CITY that shall be delivered to the CITY with a signed copy of this
Agreement.
6. TERMINATION - This Agreement may be terminated by timely mutual written consent by
PARTIES, and JPB’s failure to comply with the provisions of this Agreement may be grounds
for a Notice of Termination by CITY.
7. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on
its face sheet and shall remain in full force and effect until amended or terminated at any time
upon mutual consent of the PARTIES or until terminated by CITY for cause.
PARTIES are empowered by law to enter into this Agreement and have delegated to the
undersigned the authority to execute this Agreement on behalf of the respective agencies and
covenants to have followed all the necessary legal requirements to validly execute this Agreement.
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year
first above written.
PENINSULA CORRIDOR JOINT
POWERS BOARD
CITY OF SOUTH SAN FRANCISCO
By: __________________________
Executive Director
By: ___________________________
City Manager
By: ___________________________
City Clerk
Approved as to form:
By: __________________________
JPB Attorney
Approved as to form:
By: _____________________________
City Attorney
PENINSULA CORRIDOR JOINT POWERS BOARD
ELECTRIFICATION PROJECT
OVERHEAD CONTACT SYSTEM
MARCH 15, 2018
CDRL 34710, BRIDGE ATTACHMENT
DESIGN CHANGE NOTICE 020 - DRAWINGS
DESIGN BUILD
CONTRACT NO. 14-PCJPB-P-053
PGH WONGENGINEERING INC.
SEGMENT 2 AND SEGMENT 4
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