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
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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