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HomeMy WebLinkAboutReso - CC - 149-20231 RESOLUTION NO. 149-2023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) WITH PENINSULA CORRIDOR JOINT POWERS BOARD (JPB) FOR A TEMPORARY POWER CONNECTION THROUGH THE CITY’S CORPORATION YARD FOR THE CALTRAIN ELECTRIFICATION PROJECT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE MOU, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LICENSE AGREEMENT WITH JPB WHEREAS, in 2015, Caltrain certified the Final Environmental Impact Report (FEIR) for the Peninsula Corridor Electrification Project (PCEP), which included 10 proposed paralleling stations along the corridor to power its electrified trains, with Paralleling Station 3 (PS3) located in Burlingame on the west side of the railway tracks, north of Broadway near the intersection of California Drive and Lincoln Avenue; and WHEREAS, in August 2018, the City Council approved a Real Estate Agreement with Caltrain to facilitate the relocation of PS3 to the east side of the tracks in order to avoid future conflicts with the footprint of the Broadway Grade Separation Project (BGSP) and to address residents’ concerns about the original location; and WHEREAS, the City Council agreed to allow a portion of PS3 to be constructed on the Public Works Corporation Yard parking lot, thus enabling PS3 to be relocated outside the future BGSP footprint to the east side of the railway tracks in the Industrial Zone; and WHEREAS, in July 2020, the City Council approved an amended Real Estate Agreement with Caltrain to grant additional land for Caltrain to construct PS3 to facilitate design changes that were encountered during the progression of the design including changes required due to new FEMA regulations; and WHEREAS, PS3 is currently set up to be powered by a generator, which is cost-prohibitive in the long term, and PG&E recommended a power connection design that taps into an existing line that connects the City’s Corporation Yard facilities to a PG&E power pole on North Carolan Avenue; and WHEREAS, staff raised concerns about allowing PS3 to utilize the above design as a permanent power source, since that would additionally encumber the City property and could pose a conflict with future development of the site; and WHEREAS, both parties have agreed that the City will allow the temporary power connection through its Corporation Yard, provided that the final build-out of the power connection is incorporated into the Broadway Grade Separation Project, as outlined below and on the condition that the cost associated with relocating the temporary connection is borne by the Caltrain Electrification Project, not the Broadway Grade Separation Project. DocuSign Envelope ID: CABB76D3-2970-4AA0-AC01-1F1354B32A5F 2 NOW, THEREFORE BE IT RESOLVED, DETERMINED AND ORDERED BY THE COUNCIL, AS FOLLOWS: 1. The City Manager is hereby authorized to execute the Memorandum of Understanding and any other required documents necessary to complete this action. 2. The JPB will temporarily use a power connection to tap into an existing line that connects the City’s Corporation Yard facilities to a PG&E power pole on North Carolan Avenue. 3. The JPB will work with PG&E to construct a permanent power connection through the JPB’s right of way as part of the utility work component of the BGSP. Once the work is completed, the JPB will no longer require the use of the Power Connection in the City’s Corporation Yard. 4. Once the MOU is executed, the City Manager is authorized to negotiate and execute a license agreement with the JPB to allow it to access the temporary power connection to the PG&E power pole on North Carolan Avenue. ______________________________ Michael Brownrigg, Mayor I, MEAGHAN 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 December, 2023, and was adopted thereafter by the following vote: AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, ORTIZ, STEVENSON NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ______________________________ Meaghan Hassel-Shearer, City Clerk DocuSign Envelope ID: CABB76D3-2970-4AA0-AC01-1F1354B32A5F MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BURLINGAME AND THE PENINSULA CORRIDOR JOINT POWERS BOARD This Memorandum of Understanding (MOU) for the Temporary Power Connection through the City of Burlingame’s Corporation Yard for the Peninsula Corridor Electrification Project is made as of the ___ day of _________, 2023, by and between the City of Burlingame (City), and the Peninsula Corridor Joint Powers Board (JPB), referred to herein individually as “Party” and jointly as “Parties.” Whereas, the City and the JPB have jointly determined that the Peninsula Corridor Electrification Project (Project) will provide quieter and increased train service, improve regional air quality and reduce greenhouse gases; and Whereas, the JPB and the City worked together to relocate a traction power paralleling station #3 (PS-3) to a new location onto City property at 1369 North Carolyn Avenue in Burlingame that is currently used by the City as a Corporation Yard in furtherance of the Project; and Whereas, the relocation addressed concerns of residents about the original location of PS3 and the new location is designed to eliminate the potential for PS3 to be impacted by the Broadway Grade Separation Project. In order to power PS3, the facility needs to connect to a Pacific Gas and Electric (PG&E) power source (Power Connection); and Whereas, the PS3 is currently powered by a generator, which is cost-prohibitive for the JPB in the long term, and PG&E has recommended a Power Connection design that taps into an existing line that connects City’s Corporation Yard facilities to a PG&E power pole on 1361 N Carolyn Ave. PG&E recommends that this existing line be left in place and that another connection be made from the existing line to PS3; and Whereas, the City has plans to expand its Corporation Yard building and to build electrical power facilities in the Corporation Yard site and it is anticipated that if the City Project is built out, the Power Connection would need to be relocated to accommodate both City’s existing service and the PS3 Power Connection; and Whereas, the Parties agree that it is preferable that, in the long-term, PS3 be connected to PG&E power through the JPB’s right of way, as opposed to City’s property. The Parties seek to implement a solution whereby the City will allow the Power Connection through the Corporation Yard on a temporary basis pursuant to a separate license agreement to be granted to the JPB while a permanent Power Connection through the JPB’s property is built as part of the early utility work component of the Broadway Grade Separation Project, expected to commence in 2024, which will (1) allow an immediate, temporary connection to PG&E power saving the JPB the cost of using generators; (2) allow the JPB's power connection facility to ultimately be on JPB’s own Right of Way (ROW); and (3) enable the more efficient relocation of the power line; and Whereas, the JPB has submitted the permanent power connection application in early July 2023, and the application is pending PG&E engineering design team’s review and approval. PG&E has indicated that they will allow this temporary connection under a temporary agreement, instead of requiring a permanent easement; and Whereas, the Broadway Grade Separation Project requires the relocation of a certain existing PG&E facility. JPB staff has determined that the relocation of this PG&E power line could be reconfigured to enable the Power Connection to PS3 within the JPB’s right of way; and Whereas, the JPB agrees to incorporate the relocation of PG&E’s facility into the early utility relocation package of the Broadway Grade Separation Project and to immediately apply to PG&E to design this relocation, and the Power Connection to PS3; and Whereas, the City will allow the temporary Power Connection through its Corporation Yard provided that the final build-out of the Power Connection is incorporated into the Broadway Grade Separation Project, as outlined below and on the condition that the cost associated with relocating the temporary connection is borne by the Caltrain Electrification Project, not the Broadway Grade Separation Project; and Whereas, the City’s project requires that the Power Connection be moved before the Power Connection is relocated into the JPB ROW, JPB will share the cost of relocating the Power Connections to accommodate the City Project, based on the pro rata share of power used by each agency, and such relocation will occur concurrently with the relocation of the Power Connection serving City’s Corporation Yard; and Whereas, the City will issue a temporary agreement to PG&E to enable the Power Connection through the Corporation Yard. Now, THEREFORE, the Parties to this MOU agree as follows: 1. Project Description. This Project is the Peninsula Corridor Electrification Project in Burlingame, California. 2. Scope. a. The JPB will temporarily use a Power Connection to tap into an existing line that connects the City’s Corporation Yard facilities to a PG&E power pole on 1361 N Carolyn Ave. b. The JPB will work with PG&E to construct a permanent Power Connection through the JPB’s Right of Way as part of the utility work component of the Project. This work will commence in 2024; once the work is completed, the JPB will no longer require the use of the Power Connection in the City’s Corporation Yard. c. The City will issue a license agreement to the JPB to access the temporary Power Connection to the PG&E power pole on 1361 N Carolyn Ave. 3. Costs. a. The JPB will be solely responsible for all costs associated with relocating the temporary connection. These costs will not be charged to the Project or to the Project sponsor or the City. b. The City’s project requires that the Power Connection be moved before the Power Connection is relocated into the JPB ROW. The JPB will share the cost of relocating the Power Connections to accommodate the City Project, based on the pro rata share of power used by each agency and such relocation will occur concurrently with the relocation of the Power Connection serving City’s Corporation Yard. 1. Term of MOU. This MOU is effective upon the Execution Date, and will terminate upon the earliest of: a. Time of Performance. The MOU will terminate upon JPB’s confirmation of the successful completion of a permanent Power Connection. b. 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, neither of the Parties may seek, and neither 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. 2. No Waiver. No waiver of any default or breach of any covenant of this MOU by either Party to this MOU can be implied from any omission by the other Party to act 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). 3. Assignment. Neither Party can assign, transfer or otherwise substitute its interests or obligations under this MOU without the written consent of all other Parties. 4. 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. 5. Modifications. This MOU may only be modified in a writing executed by all Parties. 6. 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 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. 7. Attorneys' Fees. 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. 8. 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. 9. Indemnification. JPB shall indemnify, defend, and hold City, its directors, officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of, pertaining or relating to the negligence, recklessness or willful misconduct of JPB, its employees, subcontractors, or agents, or on account of the performance or character of the Services, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, employees, agents, or volunteers. It is understood that the duty of JPB to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve JPB from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 10. 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. 11. 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. 12. Counterparts. This MOU may be executed in counterparts. 13. 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. 14. Compliance with Laws. In performance of this MOU, the Parties must comply with all applicable Federal, State and local laws, regulations and ordinances. 15. 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 JPB: Peninsula Corridor Joint Powers Board 1250 San Carlos Avenue P.O. Box 3006 San Carlos, CA 94070-1306 Attn: Michelle Bouchard Executive Director To Sponsor: City of Burlingame 501 Primrose Road Burlingame, CA 94010 Attn: Director of Public Works IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by the persons authorized to act in their respective names on the day and year first written above. CITY OF BURLINGAME By: ___________________________________ Name: Its: City Manager Approved as to Form: ___________________________________ City Attorney for the City of Burlingame PENINSULA CORRIDOR JOINT POWERS BOARD By: ___________________________________ Name: Michelle Bouchard Its: Executive Director Approved as to Form: ___________________________________ Attorney for the JPB