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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 d44-- 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 EXHIBIT A PENINSULA CORRIDOR JOINT POWERS BOARD PGH WONGENGINEERING INC. LAISSON NEEFOPDERTRE NREEIRILA F OINAExp. FOTAETSIGERC No. C035717 09-30-19S GMING -C HEN YULVI IC CDRL34710 LAISSON NEEFOPDERTRE NREEIRILA F OINAExp. FOTAETSIGERC No. C035717 09-30-19S GMING -C HEN YULVI IC PENINSULA CORRIDOR JOINT POWERS BOARD PGH WONGENGINEERING INC. LAISSON NEEFOPDER TRE NREEIRILA FO INAExp. FOTAETSIGER C No. C035717 09-30-19S GMIN G-C HEN YULVI IC CDRL34710 LAISSON NEEFOPDER TRE NREEIRILA FO INAExp. FOTAETSIGER C No. C035717 09-30-19S GMIN G-C HEN YULVI IC City of South San Francisco PENINSULA CORRIDOR JOINT POWERS BOARD PGH WONGENGINEERING INC. LAISSON NEEFOPDERTRE NREEIRILA F OINAExp. FOTAETSIGERC No. C035717 09-30-19S GMING -C HEN YULVI IC CDRL34710 LAISSON NEEFOPDERTRE NREEIRILA F OINAExp. FOTAETSIGERC No. C035717 09-30-19S GMING -C HEN YULVI IC ” ” PENINSULA CORRIDOR JOINT POWERS BOARD PGH WONGENGINEERING INC. LAISSON NEEFOPDER TRE NREEIRILA FO INAExp. FOTAETSIGER C No. C035717 09-30-19S GMIN G-C HEN YULVI IC CDRL34710 LAISSON NEEFOPDER TRE NREEIRILA FO INAExp. FOTAETSIGER C No. C035717 09-30-19S GMIN G-C HEN YULVI IC CDRL34710 PENINSULA CORRIDOR JOINT POWERS BOARD PGH WONGENGINEERING INC. LAISSON NEEFOPDER TRE NREEIRILA FO INAExp. FOTAETSIGER C No. C035717 09-30-19S GMIN G-C HEN YULVI IC LAISSON NEEFOPDER TRE NREEIRILA FO INAExp. FOTAETSIGER C No. C035717 09-30-19S GMIN G-C HEN YULVI IC PENINSULA CORRIDOR JOINT POWERS BOARD PGH WONGENGINEERING INC. LAISSON NEEFOPDER TRE NREEIRILA F OINAExp. FOTAETSIGER C No. C035717 09-30-19S GMING -C HEN YULVI IC CDRL34710 LAISSON NEEFOPDER TRE NREEIRILA F OINAExp. FOTAETSIGER C No. C035717 09-30-19S GMING -C HEN YULVI IC PENINSULA CORRIDOR JOINT POWERS BOARD PGH WONGENGINEERING INC. LAISSON NEEFOPDER TRE NREEIRILA F OINAExp. FOTAETSIGERC No. C035717 09-30-19S GMING-C HEN YULVI IC CDRL34710 LAISSON NEEFOPDER TRE NREEIRILA F OINAExp. FOTAETSIGERC No. C035717 09-30-19S GMING-C HEN YULVI IC PENINSULA CORRIDOR JOINT POWERS BOARD PGH WONGENGINEERING INC. LAISSON NEEFOPDERTRE NREEIRILA F OINAExp. FOTAETSIGERC No. C035717 09-30-19S GMING -C HEN YULVI IC CDRL34710 LAISSON NEEFOPDERTRE NREEIRILA F OINAExp. FOTAETSIGERC No. C035717 09-30-19S GMING -C HEN YULVI IC PENINSULA CORRIDOR JOINT POWERS BOARD PGH WONGENGINEERING INC. LAISSON NEEFOPDERTRE NREEIRILA F OINAExp. FOTAETSIGERC No. C035717 09-30-19S GMING -C HEN YULVI IC CDRL34710 LAISSON NEEFOPDERTRE NREEIRILA F OINAExp. FOTAETSIGERC No. C035717 09-30-19S GMING -C HEN YULVI IC PENINSULA CORRIDOR JOINT POWERS BOARD PGH WONGENGINEERING INC. LAISSON NEEFOPDERTRE NREEIRILA F OINAExp. FOTAETSIGERC No. C035717 09-30-19S GMING -C HEN YULVI IC CDRL34710 LAISSON NEEFOPDERTRE NREEIRILA F OINAExp. FOTAETSIGERC No. C035717 09-30-19S GMING -C HEN YULVI IC PENINSULA CORRIDOR JOINT POWERS BOARD PGH WONGENGINEERING INC. LAISSON NEEFOPDERTRE NREEIRILA F OINAExp. FOTAETSIGERC No. C035717 09-30-19S GMING -C HEN YULVI IC CDRL34710 LAISSON NEEFOPDERTRE NREEIRILA F OINAExp. FOTAETSIGERC No. C035717 09-30-19S GMING -C HEN YULVI IC PENINSULA CORRIDOR JOINT POWERS BOARD PGH WONGENGINEERING INC. LAISSON NEEFOPDER TRE NREEIRILA FO INAExp. FOTAETSIGER C No. C035717 09-30-19S GMIN G-C HEN YULVI IC CDRL34710 LAISSON NEEFOPDER TRE NREEIRILA FO INAExp. FOTAETSIGER C No. C035717 09-30-19S GMIN G-C HEN YULVI IC PENINSULA CORRIDOR JOINT POWERS BOARD PGH WONGENGINEERING INC. LAISSON NEEFOPDER TRE NREEIRILA FO INAExp. FOTAETSIGER C No. C035717 09-30-19S GMIN G-C HEN YULVI IC CDRL34710 LAISSON NEEFOPDER TRE NREEIRILA FO INAExp. FOTAETSIGER C No. C035717 09-30-19S GMIN G-C HEN YULVI IC PENINSULA CORRIDOR JOINT POWERS BOARD PGH WONGENGINEERING INC. LAISSON NEEFOPDER TRE NREEIRILA F O INAExp. FOTAETSIGER C No. C035717 09-30-19S GMIN G-C HEN YULVI IC CDRL34710 LAISSON NEEFOPDER TRE NREEIRILA F O INAExp. FOTAETSIGER C No. C035717 09-30-19S GMIN G-C HEN YULVI IC PENINSULA CORRIDOR JOINT POWERS BOARD PGH WONGENGINEERING INC. LAISSON NEEFOPDER TRE NREEIRILA F O INAExp. FOTAETSIGER C No. C035717 09-30-19S GMIN G-C HEN YULVI IC CDRL34710 LAISSON NEEFOPDER TRE NREEIRILA F O INAExp. FOTAETSIGER C No. C035717 09-30-19S GMIN G-C HEN YULVI IC