HomeMy WebLinkAboutReso - CC - 107-2017RESOLUTION NO. 107-2017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF BURLINGAME, THE SAN MATEO
COUNTY TRANSPORTATION AUTHORITY AND THE PENINSULA CORRIDOR
JOINT POWERS BOARD FOR THE PRELIMINARY ENGINEERING AND
ENVIRONMENTAL PHASE OF THE BROADWAY GRADE SEPARATION PROJECT
The City Council (the "Council") of the City of Burlingame (the "City") resolves as follows:
WHEREAS, the City has been working with Peninsula Corridor Joint Powers Board
(PCJPB) and the San Mateo County Transportation Authority (SMCTA) on the preliminary
design and environmental clearance associated with the Broadway Grade Separation Project;
and
WHEREAS, a Memorandum of Understanding between the City, PCJPB and the
SMCTA is needed to establish each agency's responsibilities for the preliminary design and
environmental clearance work; and
WHEREAS, the Memorandum of Understanding identifies the responsibilities for design
support, project management duties, public outreach, and cost sharing, which include billing,
invoicing, and payment summaries.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED:
1. That the City Council approves the said Memorandum of Understanding between the City of
Burlingame, SMCTA, and PCJPB, and authorizes the City Manager to execute the same;
and
2. That the Council directs the City staff to proceed with the next steps in the project
implementation relating to preliminary engineering and environmental analysis.
I, Meghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing
Resolution was introduced at a regular meeting of the City Council held on the 18th day of
September, 2017 and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
egha Hassel Sheare , ity Clerk
(Grade Separation Category)
Memorandum of Understanding (MOU)
between the San Mateo County Transportation Authority
and the
City of Burlingame and the
Peninsula Corridor Joint Powers Board
for the Preliminary Engineering/Environmental Phase for the Broadway Grade
Separation Project
This memorandum of understanding (MOU) is entered into as of the _ day of ,
2017 (Execution Date), by and between the San Mateo County Transportation Authority
(TA), the City of Burlingame (Sponsor), and the Peninsula Corridor Joint Powers Board
(JPB), each of which is referred to herein individually as "Party" and jointly as "Parties."
RECITALS
WHEREAS, on June 7, 1988, the voters of San Mateo County approved a ballot measure to
allow the collection and distribution by the TA of a half -cent transactions and use tax in San
Mateo County for 20 years with the tax revenues to be used for highway and transit
improvements pursuant to the Transportation Expenditure Plan presented to the voters
(Original Measure A); and
\ WHEREAS, on November 2, 2004, the voters of San Mateo County approved the
continuation of the collection and distribution by the TA of the Measure A half -cent
transaction and use tax for an additional 25 years to implement the 2004 Transportation
Expenditure Plan, beginning January 1, 2009 (New Measure A); and
WHEREAS, the Project meets the intent of the 1988 Transportation Expenditure Plan and
the 2004 Transportation Expenditure Plan designates 15 percent of the New Measure A
revenue to fund grade separation projects; and
WHEREAS, On November 7, 2013, the TA programmed and allocated up to $1,000,000
from the New Measure A Grade Separation Program Category for the Broadway Grade
Separation Project (Project) Project Study Report through Resolution 2013-24; and
WHEREAS, the TA and the Sponsor entered into a Funding Agreement for the Project
Study Report for the Project on June 23, 2014; and
WHEREAS, on March 2, 2017, the TA programmed and allocated up to $3.85 million in
Measure A funds (Measure A Funds) for the Preliminary Engineering/ Environmental phase
(Scope of Work) of the Project through Resolution 2017-05, contingent upon the City
securing $500,000 in local matching funds; and
San Mateo County Transportation Authority/ City of Burlingame
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WHEREAS, the Sponsor and the JPB have agreed that the JPB will be the lead
implementing agency for the Scope of Work as described in Section A.2, below; and
WHEREAS, the JPB provided a letter of concurrence in accordance with the guidelines
established by the TA for the Scope of Work, as contained in Exhibit C; and
WHEREAS, the TA, Sponsor and the JPB desire to enter into this memorandum of
understanding (MOU) in accordance with guidelines established by the TA to establish the
process, terms and conditions governing the allocation and Expenditure of Measure A Funds
on the Scope of Work and Project.
Now, THEREFORE, the Parties to this MOU agree as follows:
A. Project Description and Scope
1. Project Description. This Project is the Broadway Grade Separation in Burlingame,
California.
2. Scope of Work. The Scope of Work is the Preliminary Engineering/ Environmental
Phase as described in Exhibit A, "Scope of Work Information," which is attached to this
MOU and incorporated herein by this reference.
3. Limited to Scone of Work. This MOU is intended to cover only the Scope of Work.
B. Funding and Payment
1. Funding Commitment. The TA will provide up to $3.85 million of Measure A Funds
contingent upon the Sponsor securing and providing $500,000 in local matching funds
and must provide at least 11.5% of the total Scope of Work Costs, for the Scope of
Work (Scope of Work Costs). In no event will the TA pay out more than its 88.5% pro -
rata share of the Scope Work Costs.
2. Unused Funds. Any unused Measure A Funds allocated hereunder but not required to
complete the Scope of Work will revert to the New Measure A Grade Separation
Program for the TA to reallocate to any eligible project through its usual funding
allocation and programming activities.
3. Insufficient Funding. In the event that additional funding is needed to complete the
Scope of Work, the JPB will identify the additional amounts needed and review those
estimates with the Sponsor. While the Parties will work together to identify potential
sources of funding, it is the responsibility of the Sponsor to obtain the necessary funds to
complete the Scope of Work. The TA may consider requests for additional funding, but
is under no obligation to grant such requests.
4. Funding Commitment. The Sponsor and the JPB will assess and confirm their ability to
implement the Scope of Work within budget as part of the reporting requirements
established in Section F.2, below. The Sponsor must further notify the TA between
San Mateo County Transponation Authority/ City of Bw9ingame
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reporting cycles if the budget will not be sufficient to implement the Scope of Work.
The TA reserves the right to suspend its funding obligation upon such notice, and the
suspension will continue until the Sponsor and the JPB develop a credible funding plan
acceptable to the TA to fund and implement the Scope of Work.
Use of Funds. The Sponsor and the JPB will use Measure A Funds only for the Scope
of Work. The Sponsor and the JPB will not use Measure A Funds provided pursuant to
this MOU to replace other local taxes or revenues already programmed and available for
use for the same purpose.
If the TA determines that the Sponsor or the JPB has used Measure A Funds other than
for the approved Scope of Work, the TA will notify Sponsor and the JPB of its
determination. Within thirty (30) days of receipt of notification, Sponsor and the JPB
will either (a) repay such funds to the TA, or (b) explain in writing how the funds in
question were spent for the approved Scope of Work. The TA will respond to the
Sponsor and the JPB's written explanation within thirty (30) days of receipt. Unless
otherwise stated in the response, the TA's response will be final, and the Sponsor and the
JPB will repay any funds used other than for the approved Scope of Work within thirty
(30) days.
6. Reimbursement Basis. The JPB may seek reimbursement from the TA and the Sponsor
as of the March 2, 2017 TA Board Measure A Grade Separation Program allocation for
the Scope of Work costs. Scope of Work costs must be incurred and paid by the JPB
prior to requesting reimbursement. Sufficient documentation must accompany all
requests for reimbursement, including the submittal of all due operations and progress
reports.
7. Accounting and Reimbursement Procedures. The JPB, in coordination with and to the
satisfaction of the TA, will establish procedures for Scope of Work accounting and
requests for reimbursement, which shall be submitted in a form consistent with the
"Reimbursement Claim Form" attached to this MOU as Exhibit D. The JPB and the
Sponsor will maintain all necessary books and records in accordance with generally
accepted accounting principles.
8. Invoices; Payments. No more than once a month and no less than once every three
months, the JPB must prepare and submit billing statements consistent with the
Reimbursement Claim Form with all required supporting documentation. Supporting
documentation may include, but is not limited to, copies of associated vendor invoices,
backup documentation, checks and payment advice.
Claims for reimbursement and supporting documentation must be submitted:
a. To the TA:
by email to accountspayable@samtrans.com
or otherwise delivered to:
San Mateo County Transportation Authority/ City of Burlingame
Preliminary EngineeringlEnviromneatel Phase for the Broadway Grade Separation
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Accounts Payable
San Mateo County Transportation Authority
1250 San Carlos Avenue
San Carlos, CA 94070
b. To the Sponsor:
by email to awong@burlingame.org
or otherwise delivered to:
Andrew Wong, Sr. Engineer
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
The TA and the Sponsor will endeavor to disburse reimbursements for approved Scope
of Work Costs within thirty (30) days after the TA's approval of each claim, subject to
the limits on the TA's maximum contribution as established in Section B.1.
C. Term
1. Term of MOU. This MOU is effective upon the Execution Date, and will terminate upon
the earliest of: (a) six months after the written acceptance/endorsement of the Sponsor of
the completion of the Scope of Work, (b) termination by Sponsor, the JPB or the TA
pursuant to section C.3, CA, C.5, or C.6, or (c) three years and six months from the date
of the execution of this MOU.
2. Time of Performance. The Project Scope of Work must be completed no later than three
years from the date of the execution of this MOU.
3. Termination by Sponsor. The Sponsor may at any time terminate this MOU by giving
ten (10) days' written notice to the TA and the JPB. If the Sponsor terminates because
of the JPB's default, the TA will submit to the JPB a detailed statement of payments and
costs paid or reimbursed by the TA and the Sponsor in connection with the Scope of
Work and termination. The JPB will reimburse the TA and the Sponsor for all such
funds within ninety (90) days of the TA's submission to the JPB of said statement. If
the Sponsor terminates for convenience, the TA will submit to the Sponsor a detailed
statement of payments and costs it paid or reimbursed in connection with the Scope of
Work and termination. The Sponsor will reimburse the TA for all such funds within
ninety (90) days of the TA's submission to Sponsor of said statement. If the Sponsor
terminates for the TA's default, neither the Sponsor nor the JPB will have any obligation
to make any payments or reimbursements to the TA.
San Mateo County Transportation Authority/ City of Burlingame
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4. Termination by the JPB. The JPB may at any time terminate this MOU by giving ten
(10) days' written notice to the Sponsor and the TA. If the JPB terminates due to the
Sponsor's default, the TA will submit to Sponsor a detailed statement of payments and
costs paid or reimbursed in connection with the Scope of Work and termination. The
Sponsor will reimburse the TA for all such Funds within ninety (90) days of the TA's
submission to Sponsor of said statement. If the JPB terminates for convenience, the TA
will submit to the JPB a detailed statement of payments and costs paid or reimbursed by
the TA and the Sponsor in connection with the Scope of Work and termination. The
JPB will reimburse the TA and the Sponsor for all such funds within ninety (90) days of
the TA's submission to the JPB of said statement. If the JPB terminates for the TA's
default, neither the JPB nor the Sponsor will have any obligation to make any payments
or reimbursements to the TA.
Termination by the TA. The TA may at any time terminate this MOU, with or without
cause, by giving ten (10) days' written notice of such termination. If the TA terminates
the Scope of Work for Sponsor's default, Sponsor will reimburse the TA for all funds
paid or reimbursed by the TA in connection with performance of this MOU. If the TA
terminates the Scope of Work for JPB's default, the TA will submit to the JPB a detailed
statement of payments and costs paid or reimbursed by the TA and the Sponsor in
connection with the Scope of Work and termination. The JPB will reimburse the TA
and the Sponsor for all such funds within ninety (90) days of the TA's submission to the
JPB of said statement. If the TA terminates the MOU for convenience, the TA will pay
to Sponsor and the JPB all costs and expenses incurred by Sponsor and the JPB as a
result of such termination.
6. Termination by the Parties. If it is mutually agreed by the Parties that it would be in
their mutual best interest to terminate or suspend work under this MOU, none of the
Parties may seek, and none of the Parties will be entitled, to receive further
reimbursement for any costs or expenses incurred in connection with the Scope of Work
nor termination of this MOU.
Expiration of TA Financial Obligations. Any and all financial obligations of the TA
pursuant to this MOU will expire upon the expenditure of the TA's maximum
contribution to the Project as established in Section B.1, above, or upon termination of
this MOU under Section C.1, above.
D. TA Responsibilities
1, The TA will make available up to $3,850,000 of Measure A Funds for the Scope of
Work in accordance with the conditions set forth in Section B above.
2. The TA will review, process, and audit (at its discretion) invoices and other
documentation of expenditures for work performed under this MOU. The TA will also
track the accumulation and expenditure of Measure A Funds allocated for the Scope of
Work, and process other documentation of expenditures in compliance with TA
accounting and budgeting requirements.
San Mateo County Transportation Authority/ City of Burlingame
Preliminary Engineering/Environmental Phase for the Broadway Grade Separation
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E. JPB Responsibilities
1. The JPB is the lead implementing agency responsible for delivering the Scope of Work
and agrees to:
a. Manage performance of the Scope of Work, including developing and carrying out
the Scope of Work on schedule and within budget;
b. Provide technical oversight for performance of the Scope of Work;
c. Lead coordination with any permitting agencies as necessary for performance of the
Scope of Work;
d. Obtain the necessary permits and approvals required for performance of the Scope of
Work;
e. Procure and administer the consultant/contractor services to complete the Scope of
Work. The JPB will be the lead agency working in conjunction with Sponsor and
JPB hired consultants. The consultants will be highly qualified to support the Scope
of Work;
Maintain ongoing coordination with the Sponsor and keep the Sponsor apprised of
developments, such as award of contracts or potential changes that may affect the
scope, schedule, or budget of the Project or Scope of Work, including outreach
efforts pertaining to Caltrain patrons, Caltrain operations, the Caltrain Modernization
(CalMod) and California High Speed Rail (HSR) programs. Establish a monthly
meeting to provide project updates to the Sponsor and allow for Sponsor input so
that the Sponsor has necessary information to inform community stakeholders and
elected officials;
g. Consult with Sponsor where necessary/appropriate;
h. Prepare and provide to Sponsor status reports including anticipated and expended
costs and Scope of Work delivery milestones and schedule forecasts as required for
the Sponsor to complete and submit Progress reports and the Final Report as
described in Sections F.2 and F.4, below; and
i. Prepare and submit invoices to the TA in accordance with Section D.8 above.
F. Sponsor Responsibilities
1. The Sponsor is responsible for political and public endorsement of the Project and
agrees to:
San Mateo County Transportation Authority/ City of Burlingame
Preliminary EngineoringfEnvironmental Phase for the Broadway Grade Separation
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a. Be the public face of the Project for purposes of leading outreach efforts, pertaining
to the grade separation of Broadway Avenue, to local stakeholders and community
members, including coordination of public meetings and solicitation of public
comment.
b. Provide input and oversight based on local policies and desires regarding the
outcome of and deliverables of the Project.
c. Actively participate in meetings related to the Scope of Work.
2. The Sponsor will prepare and submit to the TA quarterly progress reports during the
entire term of the MOU covering all Scope of Work activities during the previous
quarter using the Progress Reporting Template in Exhibit B. The reports shall describe:
the current status of, and any changes in, scope, schedule, budget, and funding plans of
the Scope of Work and the Project; any risk factors; the work performed during the
previous quarter and projected for the next quarter; Scope of Work Costs projected to be
expended during the next quarter; and any other information requested by the TA.
3. Sponsor will coordinate closely with JPB to address the agencies' interests in railroad
operations, especially regarding the electrification and blended system rail efforts.
4. The Sponsor will review progress reports prepared and provided by the JPB and submit
them to the TA.
5. Within ninety (90) days of the JPB and Sponsor's completion and acceptance of work
performed under this MOU, Sponsor will prepare and submit to the TA a final report
detailing the following and any other relevant information:
a. A description of the Project, including a statement detailing any overall progress and
success of the Scope of Work and the Project, a compilation of any data collected
during the active phase(s) of the Project, and changes/additions to the scope of the
Project.
b. Total costs for the Scope of Work, including an accounting of all Measure A Funds
expended in connection with the Scope of Work, and reflecting any unexpended
Measure A Funds that may remain.
c. An explanation and the status of any outstanding obligations or potential obligations
related to the Scope of Work.
d. A discussion of any pertinent issues or problems that arose during the
implementation of the Scope of Work.
e. Any copies of press articles, press releases, newsletter articles and any other
publicity materials regarding the Project.
San Mateo County Transportation Authority/ City of Burlingame
Preliminary Engineering/Envimnaental Phase for the Broadway Grade Separation
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f Written confirmation that no further reimbursements associated with the Scope of
Work are anticipated and that all draw -down requests have been made.
6. The Sponsor may, at its discretion:
a. Review any professional services agreements, change orders and any other
agreements that the JPB has entered into for the performance of Scope of Work;
however the JPB retains ultimate authority over contracting and related decisions.
b. Review the work products and deliverables produced by the JPB and/or its
contractors/consultants for performance of the Scope of Work, including reports,
designs, drawings, plans, specifications, schedules and other materials; however the
JPB retains authority to accept or reject contractor/consultant work.
c. Review and audit invoices and other documentation of the expenditure of Measure A
Funds allocated for the Scope of Work; however, the JPB retains ultimate authority
for expenditure of Measure A Funds on the Project.
7. The Sponsor will approve or endorse, in writing, the final deliverables or work products
produced by the JPB and/or its contractors/consultants for the Scope of Work.
G. Indemnification
Each Party shall indemnify, keep and save harmless the other Parties 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 directors/
councilmembers, officers, agents and employees (collectively, "Indemnitees") against
any and all suits, claims or actions arising out of any act or omission by the
indemnifying Party, its agents, employees, contractors or subcontractors in connection
with the Scope of Work, including the following:
a. Any injury to persons or property that may occur, or that maybe alleged to have
occurred, arising from that Party's performance of the Project or implementation of
this MOU; or
b. Any allegation that materials or services developed, provided or used by that Party for
the Project infringe or violate any copyright, trademark, patent, trade secret, or any
other intellectual -property or proprietary right of any third party.
In case of any and all suits, claims or actions arising out of any act or omission by the
indemnifying Party, 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.
San Mateo County Transportation Authority/ City of Burlingame
Preliminary Engineering/Environmental Phase for the Broadway Grade Separation
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This indemnification shall survive termination or expiration of the MOU.
H. Miscellaneous
Ownership of Work. All reports, designs, drawings, plans, specifications, schedules,
studies, memoranda, and other documents assembled for or prepared by or for; in the
process of being assembled or prepared by or for; or furnished to the TA, the JPB or the
Sponsor under this MOU, are the joint property of the TA, the JPB and the Sponsor.
Each Party is entitled to copies and access to these materials during the progress of the
Project and upon completion of the Scope of Work or termination of this MOU. All
Parties may retain a copy of all material produced under this MOU for use in their
general activities.
2. Attribution to the TA. Sponsor and JPB must include attribution that indicates work on
the Project was funded by Measure A Funds from the TA. This provision applies to any
project or publication that was funded in part or in whole by Measure A Funds.
Acceptable forms of attribution include TA branding on Project -related documents,
construction signs, public information materials, and any other applicable documents.
3. No Waiver. No waiver of any default or breach of any covenant of this MOU by any
Party to this MOU can be implied from any omission by any 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 an action or actions
does not imply consent to any future action(s).
4. Assignment. No Party can assign, transfer or otherwise substitute its interests or
obligations under this MOU without the written consent of all other Parties.
5. Governing Law. This MOU is governed by the laws of the State of California as applied
to contracts that are made and performed entirely in California.
6. Modifications. This MOU may only be modified in a writing executed by all Parties.
7. Disputes. If a question arises regarding interpretation of this MOU or its performance,
or the alleged failure of a Party to perform, the Party raising the question or making the
allegation must give written notice thereof to the other Party. The Parties will promptly
meet in an effort to resolve the issues raised. If the Parties fail to resolve the issues
raised, alternative forms of dispute resolution, including mediation, may be pursued by
mutual agreement. It is the intent of the Parties to the extent possible that litigation be
avoided as a method of dispute resolution,
8. Attome sem. In the event legal proceedings are instituted to enforce any provision of
this MOU, the prevailing Party in said proceedings is entitled to its costs, including
reasonable attorneys' fees, in addition to such other remedies to which it may be entitled.
Reasonable attorney's fees includes fees determined using reasonable market rates for
attorneys even if the attorneys involved are a Party's salaried staff attorneys.
San Mateo County Transportation Authority/ City of Burlingame
Preliminary Engineering/Environmental Phase for the Broadway Grade Separation
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9. Relationship of the Parties. It is understood that this is an MOU 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
independent contractors.
10. Accessibility of Services to Persons with Disabilities. The Project implementation must
comply with, and not subject the Parties to liability under, the Americans with
Disabilities Act, the California Disabled Persons Act, or any other state or federal laws
protecting the rights of persons with disabilities.
11. Warranty of Authority to Execute MOU. Each Party to this MOU represents and
warrants that each person whose signature appears hereon is authorized and has the full
authority to execute this MOU on behalf of the entity that is a Party to this MOU.
12. Severability. If any portion of this MOU, or the application thereof, is held by a court of
competent jurisdiction to be invalid, void or unenforceable, all remaining portions of
this MOU, or the application thereof, will remain in full force and effect.
13. Counterparts. This MOU may be executed in counterparts.
14. Entire MOU. This MOU constitutes the entire agreement between the Parties pertaining
to its subject matter and supersedes any prior or contemporaneous written or oral
agreement between the Parties on the same subject.
15. 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.
16. Compliance with Laws. In performance of this MOU, the Parties must comply with all
applicable Federal, State and local laws, regulations and ordinances.
17. Notices. All notices affecting any of the clauses of this MOU must be in writing and
mailed postage prepaid by certified or registered mail, return receipt requested, or by
personal delivery or overnight courier to the appropriate address indicated below or at
such other place(s) that any Party may designate in written notice to the others. Notices
are received upon delivery if personally served, one (1) day after mailing if delivered via
overnight courier, or two (2) days after mailing if mailed as provided above.
To TA: San Mateo County Transportation Authority
1250 San Carlos Avenue
P.O. Box 3006
San Carlos, CA 94070-1306
Attn: April Chan
Chief Officer, Grants, Planning and TA
San Mateo County Transportation Authority/ City of Burlingame
Preliminary Engineering/Environmental Phase for the Broadway Grade Separation
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To JPB: Peninsula Corridor Joint Powers Board
1250 San Carlos Avenue
P.O. Box 3006
San Carlos, CA 94070-1306
Attn: Jim Hartnett
Executive Director
To Sponsor: City of Burlingame
501 Primrose Road
Burlingame, CA 94010
Attn: Director of Public Works
San Mateo County Transportation Authority! City of Burlingame
Preliminary Engineering/Environmental Phase for the Broadway Grade Separation
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I1
IN WITNESS WHEREOF, the Parties have hereunder subscribed their names the day and year
indicated below.
CITY OF BURLINGAME
M
Its:
Approved as to Form:
City Attorney for the City of Burlingame
PENINSULA CORRIDOR JOINT POWERS
BOARD
Bv:
Name: Jim Hartnett
Its: Executive Director
Attest:
JPB Secretary
SAN MATEO COUNTY TRANSPORTATION
AUTHORITY
By:
Name: April Chan
Its: Chief Officer, Planning, Grants and Transportation
Authority
Attest:
Authority Secretary
San Mateo County Transportation Authority/ City of Burlingame
Preliminary Engineering/Enviroonental Phase for the Broadway Grade Separation
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EXHIBIT A: SCOPE OF WORK INFORMATION
Broadway Grade Separation: Planning
Sponsoring Agency: City of Burlingame
Contact: Andrew Wong, Sr. Engineer
(650) 558-7237, awong@burlingame.org
501 Primrose Road
Burlingame, CA 94010
Lead Implementing Agency: Caltrain
Contact: Rafael Bolon, Acting Deputy Director Capital Projects
1250 San Carlos Avenue, 4th Floor
San Carlos, CA 94070
Overall Project Description:
The Project is a grade separation of the Caltrain Corridor at Broadway, in the City of
Burlingame.
The Project will improve traffic safety, traffic flow, railroad operational safety, and prevent loss
of life on Broadway. The Project will also provide improved and more efficient traffic
movement along all the adjacent streets and intersections surrounding the crossing. Pedestrian
and vehicle safety will be greatly improved by creating clear separation between
pedestrians/vehicles and trains, and by eliminating the potentially dangerous conflicts presented
by the current at -grade crossing. Lastly, railroad operation efficiency will also be improved as
there have been numerous accidents at the Broadway at -grade crossing, many involving
vehicles stopped on the tracks. The Broadway at -grade crossing is currently ranked on the
California Public Utilities Commission's Grade Separation Priority List as the top ranked
crossing for grade separation in northern California and as the second highest ranked crossing in
the state. The Project can: 1) help reduce emergency response times as the Caltrain corridor
bisects the east and west sides of the City, 2) help to alleviate traffic queuing on Broadway,
which extends east to the U.S. Highway 101 ramps, 3) reduce traffic delays at nearby
intersections with California Drive, Carolan Avenue and Rollins Road, and 4) significantly
improve access to the Broadway commercial distract from U.S. Highway 101, which would
further support economic development.
The proposed grade separation is not located within the limits of any of five potential Blended
System overtake options. However, because the proposed grade separation is located south of
both a designated California High Speed Rail station at Millbrae and the southern limit of the
North 4 Track overtake option, the design of the proposed grade separation should consider and
accommodate these Blended System improvements, consistent with the JPB letter of
concurrence incorporated in the Agreement as Exhibit C.
Measure A Funded Scope of Work:
The Scope of Work involves preliminary engineering and environmental work needed prior to
performing final design and construction of the overall Project. The Scope of Work includes
advancing the preliminary design to an approximate 35% level and to obtain environmental
San Mateo County Transportation Authority/ City of Burlingame
Preliminary Engineering/Enviromnental Phase for the Broadway Grade Separation
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clearance, which will be sought under both NEPA and CEQA in order to maximize potential for
funding subsequent phases of the Project.
The Sponsor studied six grade separation alternatives and has indicated in its Project Study
Report that its preferred alternative is for an alignment that would partially elevate the railroad
and partially depress Broadway and the adjoining frontage roads on both sides of the railroad
(California Drive to the west and Carolan Avenue to the east). The Project would also
necessitate the reconstruction of the Broadway station, which will result in the reconfiguration
of the boarding platforms to meet current Caltrain standards and the elimination of the hold-out
rule that is currently in effect. The cost of completing the PE/ENV phase of work is estimated at
$4.35 million; the balance of funds will come from a $500,000 Sponsor match. The JPB will
lead implementation of the PE/ENV phase, in coordination with the Sponsor, and any
subsequent phases of work that may occur in the future.
The Project will build upon this existing work and "refresh" the conceptual design to reflect a
two -track project which would be compatible with the Caltrain/HSR blended system and
minimize the throw -away costs should passing tracks be added in the future. The Scope of
Work includes preliminary design work, which will resolve design options to arrive at a specific
project to be evaluated along with alternatives to the Project as required by the environmental
review process. It is anticipated that some minor refinement of the vertical alignment will be
required as part of the project.
Scope of Work Schedule:
Preliminary Engineering
Begin End
07/2017 12/2018
Environmental Scoping and Clearance 09/2017 12/2018
Scope of Work Budget/ Source of Funding:
Include funding plan for scope of work defined above, including requested portion of budget for
sponsor and the JPB.
TasklActNty Measure A City Funding
Funding Amount Amount
Total
Funding Allocation
City
JPB Total
Preliminary Engineering $2,887,500 $375,000
$3,262,500
$150,000
$3,112,500 $3,262,500
Endromental Scoping and Clearance $962,500 $125,000
$1,087,500
$50,000
$1,037,500 $1,087,500
Total: $3,850,000 $500,000
$4,350,000
$200,000
$4,150,000 $4,350,000
*Total costs listed by each task/activity are best estimates and may be subject to change within the overall total
amount for the awarded phase of the project work scope during the course of the project upon mutual agreement by
the Parties' authorized representatives.
San Mateo Comity Transportation Authority/ City of Burlingame
Preliminary Engineeing/Environmeotal Phase for [lie Broadway Grade Separation
March 2014 version boilerplate
14
Cash Flow Projection for Measure A Funds only
The cash flow projection is provided for informational purposes only. Include for both sponsor
and JPB led activities.
San Mateo County Transportation Authority/ City of Burlingame
Preliminary Engineering/Environmental Phase for the Broadway Grade Separation
March 2014 version boilerplate
15
FYI B
FY19
Task/Activity
Subtotal
Subtotal
tsl Quarter
2nd Ouerter
3rtl Quarter
4th Quarter
Mil
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
FY19
IJJ i5p1901
I. ._.7
m 311
IJvn}Mv39
(A, IJ- 9P)
IJJ 18N190)
(Od }Ox]¶
(Jn}Ms99
IAPr iJv,90)
Reliminary, Engineering
$481,250
$481,250
$481.250
$481,250
81,825,000
$481.250
$481,250
$862,500
Environmental
$60.000
$180,000
$IB0.006
$181,000
$g0I,000
$181,0001
$180,500
$381,500
Total
$541,250
$661,250
$661,250
$662.250
$2,526,000
$662,250
$661,750
$0
$0
$1,324,000
Cumulative to Date
1 $541,250
$1,202,500
$1,863,7501
$2,526,000
1
$3.188,250
$3,850,000
$3,850.000
$3,850,000
FY20
Subtotal
Task/Activity
Subtotal
FYI
FY19
FY20
for
Project
1st Quarter
2nd Quarter
3rd Quarter
4m Quarter
FY20
Total
(MJ Sq,. 1.)
(0.1' }os 31)
IJa,4M&99
(Apr}. 30)
Fy1g_F 20
Relininary Engineering
1 $0
$1.925,000
$962,500
1
$2,867,500
$2,887,500
Environmental
$0
$601,000
$361,500
$962,500
$962,600
Total
$0
$0
$0
$0
$0
$2,526000
$1,324,000
$0
$3,860,000
$3,850,000
Cumulative to Date
1 $3,850,000
$3,850,000
$3,850.000
$3,850,000
San Mateo County Transportation Authority/ City of Burlingame
Preliminary Engineering/Environmental Phase for the Broadway Grade Separation
March 2014 version boilerplate
15
EXHIBIT B: PROGRESS REPORTING TEMPLATE
REPORTING PERIOD: FROM mm/dd/yyyy TO mm/dd/yyyy
SMCTA Project # 00=— [Project Title/Phases]
[Carryover to additional pages as necessary]
Contact: [Name, Title, Phone, email, address]
1) Scope:
[Describe scope ofworlc, specify project limits, phases ofproject. Identify the Measure A funded
components]
Status Summary: [Provide Status]
Issues: [List any issues, i.e. potential scope changes]
2) Schedule: Original Baseline
Progress This Period:
[Describe progress and activities]
Current Baseline
Start Finish
MM/DD/YY MM/DD/YY
MM/DD/I'Y MM/DD/YY
MM/DDIff MM/DD/YY
MM/DD/YY MM/DD/YY
San Mateo County Transportation Authority/ City of Burlingame
Preliminary Engineering/Enviromnental Phase for the Broadway Grade Separation
March 2014 version boilerplate
16
Current Forecast
Start Finish
MM/DD/YYMM/DD/YY
MM/DD1YY MM/DD/YY
MM/DD/YY MM/DD/YY
MM/DD/YY MM/DD/YY
Major Milestones:
Start
Finish
[Activity]
MM/DD/YY
MM/DD/YY
[Activity]
MM/DD/YY
MM/DD/YY
[Activity]
MM/DD/YY
MM/DD/YY
[Activity]
MM/DD/YY
MM/DD/YY
Progress This Period:
[Describe progress and activities]
Current Baseline
Start Finish
MM/DD/YY MM/DD/YY
MM/DD/I'Y MM/DD/YY
MM/DDIff MM/DD/YY
MM/DD/YY MM/DD/YY
San Mateo County Transportation Authority/ City of Burlingame
Preliminary Engineering/Enviromnental Phase for the Broadway Grade Separation
March 2014 version boilerplate
16
Current Forecast
Start Finish
MM/DD/YYMM/DD/YY
MM/DD1YY MM/DD/YY
MM/DD/YY MM/DD/YY
MM/DD/YY MM/DD/YY
Measure A Funds Expended This Period: $
Future Activities, Next Period:
[Describe planned future activities]
Projected Measure A Funds Expenditure Next Period: $
Issues: [List any issues, such as impacts to schedule]
3) Scope of Work Total Budget:
San Mateo County Transportation Authority/ City of Burlingame
Preliminary Engineering/Enviromnental Phase forthe Broadway Grade Separation
March 2014 version boilerplate
17
A
B
C
D
E
F
PhaselActivity
Original Budget
(par Funding
Agreement)
Updated Cost
Eatlmale
Total Change
from Approved
(S-A)
Total Expended
to Data
%of Revised
Budget
Expended
(DIB)
%of Work
Completed
0.00
0.00
O.00
o.00
0.00
0.00
Total Project
WDIV IgI
San Mateo County Transportation Authority/ City of Burlingame
Preliminary Engineering/Enviromnental Phase forthe Broadway Grade Separation
March 2014 version boilerplate
17
4) Scope of Work Measure A Budget:
Issues: [List any issues, i.e. potential cost increases]
5) Funding: [List additional sources as needed, Fill out the following matrix for each phase for
the Scope of Work. i.e. environmental, design, etc.]
Original Original %
Contribution
A
B
C
D
E
F
Othalspecif')
Original
total
ttmv/oI
% of
Measure A
Change in
Total
current
allocation
Current
Measure A
Measure
Measure A
(per
Measure
allocation from
A
allocation
Funding
A
Approved/Funding
Expended
expended
% of Work
Phase/Activit
Agreement)
allocation
Agmt (B -A)
to date
(D/B)
Completed
#DIV/0!
#DIV/0!
#DN/0!
Total Scope of
Work
$0
$0
$0
$0
#DIV/0!
Issues: [List any issues, i.e. potential cost increases]
5) Funding: [List additional sources as needed, Fill out the following matrix for each phase for
the Scope of Work. i.e. environmental, design, etc.]
Original Original %
Contribution
SM CTA
#DIV/01
Others:
Fedaal(specify)
4DIV/01
Stale(specify)
#DIV/01
Othalspecif')
#DIV/01
total
ttmv/oI
Current I Currant %
Contribution
#DN101
# DIV101
# DIV 101
Esllmaled at
Completion
EAC %
Contribution
#DIVlO!
#DIV/01
#DIV/01
#DIV/01
Issues: [List any issues such as changes in non -Measure A funding]
Submit Progress Reports To:
xxxxx@samtrans.com
(address to be provided)
or
SMCTA
Programming & Monitoring
1250 San Carlos Avenue
San Carlos, CA 94070
San Mateo County Transportation Authority/ City of Burlingame
Preliminary Engineeiing/Enviromnental Phase for the Broadway Grade Separation
March 2014 version boilerplate
IN
EXHIBIT C: JPB CONCURRENCE LETTER
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June 23, 2017
Andrew Wong
Senior Engineer
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
Subject.: Peninsula Corridor Joint Powers Board (JPB) (Caltrainj Letter of Concurrence for
Broadway Grade Separation Project (Project) 35% Preliminary Design and
Environmental Clearance Phases
Dear Mr. Wong:
The JPB is providing this fetter of concurrence in accordance with the guidelines established by
the San Mateo County Transportation Authority in its 2013 Measure A Grade Separation
Program: Guiding Principles for Project Selection.
JPB Engineering and Construction staff concurs with the City of Burlingame's (City) proposal for
35% Preliminary Design and Environmental Clearance for a proposed grade separation of the
Caitrain corridor at Broadway Avenue in the City based on the understanding that all designs
will be developed in accordance with established JPB standards.
Additionally, JPB Caltrain Modernization (CalMod) Program staff concurs that, subject to
review, the proposal to move forward with 35% Preliminary Design and Environmental
Clearance is consistent with and will not adversely impact the Blended System. This
concurrence is based on the following understanding:
The proposed grade separation is not located within the limits of any of five potential
Blended System overtake options. However, because the proposed grade separation is
located south of both a designated California High -Speed Rail Authority station at
Millbrae and the southern limit of the North 4 Track overtake option, the design of the
proposed grade separation should consider and accommodate these Blended System
Improvements.
CAL'T'RAIN MODERNIZATION PROGRAM
Peninsula Corridor Electrification Project (PCEP)
2:21 S. EI Camino Real, Suite 300
Ss" Mateo, CA 94403
San Mateo County Transportation Authority/ City of Burlingame
Preliminary Engineeting/Environmental Phase for the Broadway Grade Separation
March 2014 version boilerplate
19
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