HomeMy WebLinkAboutReso - CC - 041-1999RESOLUTION 41-1999
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING TECHNICAL MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY AND BAY AREA RAPID TRANSIT DISTRICT (BART) TO FACILITATE UTILITY
RELOCATION AND REDUCE CONSTRUCTION IMPACTS OF PROPOSED BART
TAILTRACKS AND AUTHORIZING EXECUTION BY CITY MANAGER
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the Bay Area Rapid Transit District (BART) is pursuing an extension of its rail
line to the City of Millbrae, which would involve the construction of tailtracks within the City of
Burlingame; and
WHEREAS, BART and its designee, SamTrans, has to acquire certain rights of way to
construct those tailtracks, which includes a portion of a 25 -foot wide easement owned by the City of
Burlingame for tree planting and drainage purposes and two small parcels of land also owned by the
City; and
WHEREAS, BART has told the City of Burlingame that it will use the power of eminent
domain and court litigation to acquire this property; and
11.00 WHEREAS, the City does not endorse or approve the extension project or the tailtracks, the
EIR's or EIS's prepared for the project or the tailtracks, or any aspect of the project or the tailtracks
except as expressly compelled pursuant to the negotiated memoranda of understanding, executed
deeds, and executed right of way contracts that are approved concurrently with this Resolution; and
WHEREAS, after negotiation, BART and the City of Burlingame are prepared to enter into
a series of memoranda and contracts that will provide compensation to the City for the removal of
trees, implementation of a landscape barrier along the rail line, and reserve appropriate drainage
easements for City purposes; and
WHEREAS, a technical memorandum of understanding will allow the City to effectively
work with BART, its designees and contractors in protecting City infrastructure, such as utilities and
streets, and in ensuring that any utility relocation or disruption is properly done, and
WHEREAS, this technical memorandum will provide a ready reference for those involved in
the project to understand the City's concerns and expectations,
NOW, THEREFORE, IT IS ORDERED:
1. The City Manager is authorized to execute the technical memorandum contained in Exhibit
A hereto by and behalf of the City of Burlingame with such non -substantive changes as the Manager
may deem necessary to effectuate the intent of the Council and subject to approval as to form by the
City Attorney.
2. The City Clerk is directed to attest to the signature of the Manager.
3. The delivery of the technical MOU is expressly conditioned on the execution and delivery
of the following by BART or its designee:
A. Landscaping and Tree Replacement MOU approved by concurrent resolution of the
Council.
B. Right of Way Contract for Assessor Parcel Numbers 025-164-010 and 025-165-010 and
payment by SamTrans of $1,000 pursuant to the right-of-way contract.
C. Payment of $116,100 by SamTrans or BART as provided in the Landscaping and Tree
Replacement MOU.
4. The City Director of Public Works is further authorized to execute and authorize the
encroachment permits provided for in the technical MOU.
MAYOR
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify
that the foregoing resolution was introduced at a regular meeting of the City Council held on the 3 rd
day of MAY ,1999, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMEERS: NONE
CITY CLERK
C AWP51\FTLES\BARTNtechnicalmou. res.wpd
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This Memorandum of Understanding (MOU) between the City of Burlingame, a general
law city of the State of California (the "City"), and the San Francisco Bay Area Rapid Transit
District ('BART") (collectively, the 'Parties"), which addresses technical issues arising between
the Parties, is entered into this day of 1999 (the 'Effective Date").
RECITALS
A. BART is constructing and intends to operate an 8.7 mile extension of its existing regional
transit system from the Cohna Station to stations at the San Francisco International Airport
and Millbrae, with tailtracks in the City, known as the BART -San Francisco Airport
Extension (the 'Project").
B. BART, along with its co -lead agencies, the San Mateo County Transit District and the
Federal Transit Administration, has completed a Final Environmental Impact Report/Final
Environmental Impact Statement ("FERUFEIS") for the Project. BART has also adopted a
Mitigation Monitoring and Reporting Plan ("MMRP") for the Project.
C. BART and the City acknowledge that it will be necessary to develop procedures to ensure
careful and continued cooperation between the Parties, including the following: (1)
procedures to avoid unnecessary delays to either the contracting or construction process;
(2) procedures for inspecting the construction, relocation, and replacement, as necessary,
of City Utilities; (3) procedures to protect City Infrastructure and City Utilities during
construction; and (4) procedures to provide for access to City Infrastructure and City
Utilities for maintenance and repair.
D. BART provided the bid documents and all addenda for the Line, Trackwork and Systems
Contract, Contract No. 12YC-120, to the City for review, comment and approval, as
appropriate, on December 6, 1996, February 15, 1997, July 5, 1997 and August 14,
1997. No comments were received from the City.
E. Concurrently with the execution of this Technical MOU, BART and the City are entering
into a Memorandum of Understanding regarding landscaping and tree replacement (the
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"Landscaping and Tree MOU"), and the City and BART will enter into a right-of-way
contract ("Right -of -Way Contract") under which the City will convey deeds to certain
properties to BART or its designee.
AGREEMENT
NOW, THEREFORE, BART and the City, for good and valuable consideration, the
receipt and sufficiency of which the Parties acknowledge, agree as follows:
TECHNICAL PROVISIONS
SECTION I: DEFINITIONS
The following definitions relate to key terms employed in this MOU, including without limitation,
all Attachments hereto.
A. "BART"
B. "Betterment"
C. "Bid Package"
D. "City"
E. "City Infrastructure"
F. "City Standard Specifications"
G. "City Utilities"
H. "Contract Documents"
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I. "District"
J. "Plans and Specifications"
K. "Project"
L. "Utility Relocation Work"
SECTION 2: PROJECT CONSTRUCTION WITHIN THE CITY10,000
A. City Review of Project Plans and Specifications:
1. Prior to construction of any phase or portion of the Project within the City, BART
will provide to City the drawings, documents, plans, specifications, general and special
conditions, and related construction documents for the Project (the "Plans and Specifications").
2. Prior to construction of any phase or portion of the Project within the City, BART
will provide the City for review and approval, which approval shall not be unreasonably withheld,
with the Plans and Specifications showing the work to be performed directly affecting City
Infrastructure. As used in this MOU, City Infrastructure shall mean city streets (including curbs,
gutters and sidewalks), traffic control devices, utilities (including storm drains, sanitary sewers,
water lines, and hydrants, and including City Utilities), electroliers, landscaping, irrigation
systems, and all other public facilities and appurtenances. City approval of Plans and
Specifications will be limited to elements of the Project directly affecting City Infrastructure, and
other facilities and appurtenances owned by, or which will be conveyed to, the City pursuant to
the terms and conditions of this MOU. With the exception of the City Utilities defined and
identified in Section 2.E hereafter below, approval or disapproval of the Plans and Specifications
must be delivered in writing to BART no later than fifteen (15) calendar days from the City's
receipt of such Plans and Specifications. In the event that the City does not provide said written
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approval or disapproval within the prescribed time, it will be deemed to have approved the Plans
and Specifications. BART and the City may agree in writing to mutually convenient time
extensions.
3. BART will be responsible for reimbursing the City its reasonable costs incurred in
review of the Plans and Specifications identified in Section 2.A.2, above. Said costs shall be the
then -applicable City Fee Schedule; the usual and customary fees charged by the City for such
review work, which will be based on time and materials; or the reasonable costs paid to a
consultant selected by the City to perform such review work. The City will use best efforts to have
such review work performed in an economical fashion. The hourly rates of City staff likely to be
involved in such activities (as such rates may be adjusted annually by the City in accordance with
the applicable collective bargaining agreement between the City and its employees) are listed in
Attachment A. The City and BART shall agree on the rate structure to be paid to consultants
retained by the City to review the Plans and Specifications referred to in Section 2.A.2. Prior to
payment by the City, the City and BART shall jointly review the invoices submitted by the City's
consultants referred to herein. The City's reasonable costs for review of Plans and Specifications
are estimated at $10,000.
B. Permits:
1. The City will issue all necessary City permits for work to be performed within the
City, and will cooperate with BART in identifying all City permits necessary for work to be
performed in connection with the Project. BART or its contractor will be responsible for
reimbursing the City its reasonable costs incurred in connection with its activities related to permit
issuance. Said costs shall be the then -applicable City Fee Schedule; the usual and customary fees
charged by the City for. such permit activities, which will be based on time and materials; or the
reasonable costs paid to a consultant selected by the City to perform such permit activities. The
City will use best efforts to have such permit activities performed in an economical fashion. The
hourly rates of City staff likely to be involved in such activities (as such rates may be adjusted
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annually by the City in accordance with the applicable collective bargaining agreement between the
City and its employees) are listed in Attachment A. The City and BART shall agree on the rate
structure to be paid to consultants retained by the City to perform the permit -related activities
under this Section 2.B.1. Prior to payment by the City, the City and BART shall jointly review
the invoices submitted by the City's consultants referred to herein.
2. BART shall be responsible for all construction management, inspection and testing
necessary to ensure that all construction directly affecting City Infrastructure is performed in
accordance with City Standard Specifications in effect as of August 8, 1997 for work to be
performed within the City. BART shall provide all test results and construction documentation to
the City on a timely basis to enable the City to review the adequacy of the work during
construction and to allow timely acceptance of the completed work.
3. City will perform inspection oversight and/or testing of the construction directly
affecting City Infrastructure. BART or its contractor will be responsible for reimbursing the City
for reasonable costs incurred in conducting inspection oversight and/or testing of affected City
Infrastructure. Said costs shall be the then -applicable City Fee Schedule; the usual and customary
fees charged by the City for such activities, which will be based on time and materials; or the
reasonable costs paid to a consultant selected by the City to perform such activities. The City will
use best efforts to have such activities performed in an economical fashion. The hourly rates of
City staff likely to be involved in such activities (as such rates may be adjusted annually by the
City in accordance with the applicable collective bargaining agreement between the City and its
employees) are listed in Attachment A. The City and BART shall agree on the rate structure to be
paid to consultants retained by the City to perform inspection oversight and/or testing under this
Section 2.B.3. Prior to payment by the City, the City and BART shall jointly review the invoices
submitted by the City's. consultants referred to herein. The City retains the right to exercise full
control over the employment, compensation, and discharge of its personnel performing any
inspection oversight and/or testing services under this MOU. The City agrees to coordinate all
inspection oversight and/or testing by the City personnel through the designated BART
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representative.
C. Construction Impacts to City Infrastructure Other Than Streets:
BART will be responsible for the repair, relocation, reconstruction, or replacement, as
appropriate under the terms set forth in this MOU, of City Infrastructure determined by BART
and the City to have been damaged by BART or its contractors during construction of the Project,
to a condition at least equal to that which existed prior to construction, subject to the limitations of
Section 2.G hereinafter. Said repair, relocation, reconstruction, or replacement shall be
performed in accordance with the then current City Standard Specification. As used in this MOU,
"City Standard Specification" shall mean those standard construction details, drawings, general
and special conditions, and construction methods usually and customarily utilized by the City for
public works projects.
D. Construction Impacts to City Streets:
Coordination with City -Planned Street Improvements: In order to coordinate
construction of the Project with City -planned street improvements, the City shall provide BART
with its then -current street improvement plan identifying, among other things, all sources of
funding for the improvements, whether federal, state or local. The City shall provide said street
improvement plan to BART (and any applicable update) within thirty (30) days of BART's
request.
2. Pre -Construction Pavement Survey: Prior to commencement of construction of the
Project, BART and the City shall identify all public streets which both Parties agree will be
potentially affected by the construction traffic of the Project. After the streets have been
identified, BART, in consultation with the City, shall perform a pavement condition survey of
those streets using industry standard methodologies, testing protocols and equipment satisfactory
to the City (the "Pre -Construction Pavement Survey"), BART shall also make a pre -construction
videotape of the potentially affected City streets, a copy of which will be made available to the
6254.2 4129/99
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City. The purpose of the Pre -Construction Pavement Survey is to determine the condition of the
pavement and sub -base sections and their remaining useful life. BART and the City shall agree to
the conditions established in the Pre -Construction Pavement Survey for each phase or portion of
the Project prior to commencement of construction of each such phase or portion of the Project,
which agreement shall not be unreasonably withheld.
3. Pavement Survey During Construction: In the event that BART and the City
determine that streets that were not identified in the Pre -Construction Pavement Survey are likely
to be affected by construction of the Project, BART shall perform a supplemental Pre -
Construction Pavement Survey, as described in Section 2.13.2, above, prior to use of said streets.
4. Post -Construction Pavement Survey: Upon completion of construction of the
Project, BART, in consultation with the City, shall perform a pavement condition survey of those
streets actually used by BART during construction, using the same industry standard
methodologies, testing protocols and equipment identified in Section 2.D.2, above (the "Post -
Construction Pavement Survey"). The purpose of the Post -Construction Pavement Survey is to
determine the condition of the pavement and sub -base sections and their remaining useful life.
BART and the City shall agree to the conditions established in the Post -Construction Pavement
Survey, which agreement shall not be unreasonably withheld.
5. Repair and Reconstruction of City Streets: BART shall repair any street pavement,
curbs, sidewalks or gutters determined by BART and the City to have been damaged by BART
during construction to a condition at least equal to that which existed prior to construction, subject
to the limitations of Section 2.G hereafter, as determined by the Pre -Construction and Post -
Construction survey procedures defined in Sections 2.13.2 through 2.D.4, above. As used herein,
street pavement repair may include, but is not limited to, crack sealing, slurry sealing, partial or
full overlay, and/or partial or full reconstruction. Repair of City streets under this Section 2.D.5
shall be performed in accordance with the then -current City Standard Specifications. Correction
of any damage to City streets shall commence as soon as practicable after the City provides written
notice to BART of any claimed damage. Said notice by the City shall be given as soon as possible
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after the City's receipt of BART's notice of substantial completion of the portion of the Project for
which damage is claimed, but in no event shall notice of any claimed damage be made by the City
or accepted by BART more than eleven (11) months after BART's notice of substantial completion
of construction of the portion of the Project for which damage is claimed.
E. Utility Construction and Protection:
BART has determined that certain City -owned utilities identified in Attachment B
traverse the property through which the Project will be constructed (collectively, the "City
Utilities" and individually a "City Utility"). Removal, reconstruction, protection in place,
extension, and/or relocation of the City Utilities is necessary in order to complete the Project.
2. BART proposes to remove, reconstruct, protect in place, extend and/or relocate the
City Utilities in accordance with the description and map, also shown on Attachment B (the
"Utility Relocation Work").
City acknowledges that it has reviewed the narratives and plat locations contained
in Attachment A, and has approved the Utility Relocation Work as provided therein.
4. City authorizes BART or its contractor to perform the Utility Relocation Work, but
only as expressly provided in this MOU, including in Attachment B.
5. Both before and after construction, BART, in consultation and cooperation with the
City, shall perform a survey of City Utilities. These surveys shall include videotaping and
inspection of those City Utilities which BART and the City determine may be impacted by Project
construction activities, including those City Utilities which may be affected by above -ground
storage of construction materials and movement of heavy equipment. The pre -construction utility
survey shall be completed, and affected City Utilities protected, before any loads are placed or
construction is commenced within ten (10) feet of them.
6. BART or its contractor will obtain all of the permits, easements, rights of access or
other authorizations (the "Rights") necessary in order to effect the removal, reconstruction,
protection in place, extension, and/or relocation of the City Utilities. City authorizes BART or its
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contractor to obtain said Rights, and City further agrees to assist BART in obtaining said Rights,
as appropriate.
7. BART or its contractor will notify City, in writing, twenty-four (24) hours prior to
the removal, reconstruction, protection in place, extension, and/or relocation of City Utilities.
F. Maintenance, Repair, and Emergency Access:
1. During construction of the Project, BART will require its contractor to protect the
rearranged, relocated or protected -in-place City Utilities from any damage by BART or its
contractor, except that the City shall be responsible for all maintenance and repair of any City
Utility unless and until such time that the Utility Relocation Work is commenced on a particular
City Utility. BART shall provide access to City necessary for City to effectuate such maintenance
and repair, and City will coordinate its maintenance and repair activities with BART or BART's
designee.
2. BART will assume responsibility for maintaining, or causing to be maintained, all
City Utilities during any Utility Relocation Work performed on them.
3. Upon City acceptance of Utility Relocation Work for a particular City Utility, City
shall be responsible for all maintenance and repair on said City Utility.
4. If necessary, BART shall be responsible for granting, or causing to be granted, to
the City, an easement or other appropriate property right, equivalent to the property right held by
the City as of the Effective Date of this MOU, allowing access to each of the relocated City
Utilities for the purpose of maintaining and repairing said City Utility. Concurrent with the City's
acceptance of this easement or other property right, the City shall quitclaim to BART, or BART's
designee, all its rights, title and interest in the area of the original location of the relocated City
Utilities .
5. Normal Maintenance or Repair. This Section 5 and Section 6 hereafter apply
following BART's acceptance of the work under BART Contract No. 12YC-120. In the event
that access over, under, or across BART's operating right-of-way is required to perform the
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maintenance or repair of any City Utility, the City shall contact BART's Chief Engineer,
Maintenance and Engineering Department, or other authorized designee, prior to entering the
BART right-of-way to coordinate access to said right-of-way. BART shall have the right of prior
approval as to the manner in which all work is done over, under, or across the BART right-of-
way. Notwithstanding any other provision of this MOU, it is understood by the City that any
access over, under, or across the BART right-of-way is subject to the presence of a BART
representative at all times.
6. Emereencv Maintenance or Repair. In the event that access over, under, or across
the BART right-of-way is required to perform emergency maintenance or repair, the City shall,
concurrent with dispatching a City crew to said emergency, contact BART Power & Way at (510)
464-6615 to advise of same and to coordinate access to said BART right-of-way. Thereafter,
BART shall immediately dispatch a BART employee to the site. After said emergency
maintenance or repair has been completed or the emergency has stabilized, the City agrees to
immediately restore the surface grade of any BART property affected by the emergency to a safe
and operable condition.
G. Betterments:
General: Notwithstanding any provision of this MOU to the contrary, including
Sections 2.0 and 2.D.5, improvement of City Infrastructure beyond that which is necessary to
fulfill the Project Plans and Specifications, or repair, relocation, reconstruction or replacement of
City Infrastructure beyond that necessary to effect a condition equal to the existing City
Infrastructure, shall constitute a Betterment. BART shall not pay for any Betterment. The City
shall reimburse or credit BART for the value of any such Betterment, including a 25 % fee for
BART's administration and oversight of construction of any such Betterment. In that event,
BART and the City shall agree on the nature and extent of any Betterment, including related Plans
and Specifications, and on the amount of credit due to BART, prior to commencement of
construction of any such Betterment. Credit for any salvage value of facilities which were either
6254.2 4129199 -11-
removed or retained by the City during replacement, modification, enlargement or expansion shall
be based on the resale value of these facilities, less selling expenses. Notwithstanding the terms set
forth in this Section 2.G, BART and the City may agree in writing, with supporting
documentation, on a case-by-case basis, where construction of the Project will preclude future
economical access to, or repair, improvement or construction of, City Utilities, that inclusion of
methods to avoid such future detriment shall not be construed to be a Betterment.
2. City Water Line: City currently owns a 12 inch diameter cast iron pipe ("CIP")
water line located as shown on Attachment B (the "Water Line"). In order to construct the
Project, the Water Line needs to be relocated. City desires to upgrade the Water Line to a 16 inch
diameter ductile iron pipe ("DIP") encased in a steel pipe casing, including additional
appurtenances. The Parties agree that said upgrade constitutes a Betterment. The City shall
reimburse or credit BART for the value of said Betterment, including a 25 % fee for BART's
administration and oversight of construction of said Betterment.
3. The City shall reimburse BART for all Betterments within thirty (30) days from the
date of receipt of a BART invoice, in writing and calculated according to the credit provisions set
forth above, delivered or mailed to the City as follows:
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
Attention: Director of Public Works
Telefax No. (650) 685-9310
H. Completion and Acceptance of City Utilities:
Upon completion of the Utility Relocation Work on a particular City Utility, BART or its
contractor will notify the City, in writing, that the Utility Relocation Work said City Utility has
been completed. The City shall accept such City Utility in a timely fashion and in accordance with
the City's usual and customary practice if, after inspection by the City, it is determined that the
work, including any work performed pursuant to a change order, has been performed in
accordance with the Plans and Specifications and the City Standard Specifications in effect as of
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August 8, 1997. If, after inspection by the City, it is determined that the work has not been so
performed, the City shall notify BART of any claimed deficiency within ten (10) working days of
said inspection. Thereafter, BART will investigate and, if BART agrees with the City's
determination, BART will correct the work. In such event, BART will notify the City, in writing,
that the work has been corrected, and the City shall be deemed to have accepted the work if it fails
to respond to such second notice within ten (10) working days of the date of such notice. Any
dispute between the Parties as to whether the work has been performed in accordance with the
Plans and Specifications and the City Standard Specifications in effect as of August 8, 1997, shall
be referred to the dispute resolution process referenced in Section 12 herein. Except for warranty
work, the City will become responsible for the City Utilities upon acceptance.
I. Record Drawings for City Utilities:
Upon completion of any and all work by BART on City Utilities, and acceptance by the
City of such work, BART will submit to the City, within ninety (90) days of BART's receipt from
its contractor(s), one hard -copy reproducible set and autocad files on electronic media of record
drawings (including parts, operations, and maintenance manuals) showing the work in place.
Such record drawings shall be in sufficient detail as the City customarily requires of the City's
own public works contractors.
SECTION 3: ASSURANCES
The Assurances set forth in Section 3.A are based on the Mitigation Monitoring and Reporting
Plan ("MMRP") for the Project, and are described in this MOU as the MMRP Assurances. The
California Environmental Quality Act requires that each significant adverse environmental impact
of a project be identified in the Project's Environmental Impact Report and that feasible mitigation
measures or alternatives be identified and implemented. The mitigations set forth in Section 3.A
below are not intended to constitute a comprehensive list of mitigations, but are described in this
MOU because they are of particular concern to the City. A comprehensive list of mitigations
6254.2 4129/99 -13-
associated with the Project is set forth in the MMRP. The Assurances described in Section 3.B
represent technical issues of particular concern to the City, and are described in this MOU as the
Additional Assurances. Accordingly, BART makes the following assurances to the City with
regard to Project activities occurring during construction and/or possible impacts to the City as a
result of those activities:
A. NIMRP Assurances:
Transportation/Traffic Control:
a. Wherever possible, access to construction sites shall be from the Project
right-of-way to minimize impacts to local streets.
b. Vehicle routes from staging areas to construction sites and to fill disposal
sites shall be coordinated and predetermined by agreements with City prior to construction.
Routes shall follow streets and highways that provide the safest route and have the least impact on
existing traffic.
C. During construction, additional traffic control such as signals, warning
signs or flaggers shall be used to smooth traffic movement at major thoroughfares.
2. Air Quality Control and Construction -Related Emissions:
a. BART shall require its construction contractor to configure parking to
minimize traffic interference.
b. BART shall require its construction contractor to provide temporary traffic
control during all phases of construction.
C. BART shall require its construction contractor to develop a construction
traffic management plan in consultation with the City that reroutes construction traffic off
congested streets, consolidates truck deliveries, and provides dedicated tum lanes, where feasible,
for movement of construction vehicles and equipment on and off the site.
d. BART shall require its construction contractor to keep equipment engines
maintained and in proper tune to minimize air emissions.
e. BART shall require its construction contractor to use best construction
6254.2 4129/99 -14-
practices and methods to minimize fugitive PMIO emissions. BART shall coordinate closely with
Community Relations representative to convey dust complaints to contractor.
3. Utility Coordination:
BART shall coordinate utility work in a manner that does not disrupt service. Service
interruptions are not anticipated; however, where accidental or unavoidable service interruptions
occur, each responsible utility shall be contacted to arrange alternate means of providing service,
where necessary. Residents may be notified of upcoming activities, delays, or other construction -
related issues.
4. Hydrology and Water Quality:
Specific mitigation measures to reduce the impact of stormwater discharge will be defined
by the requirements of the National Pollution Discharge Elimination System ("NPDES") permit,
issued by the Regional Water Quality Control Board for implementation by BART and the
construction contractors. Contractor compliance is required to meet the requirements of the
NPDES permit, including development of a Stormwater Pollution Prevention Plan ("SWPPP").
At a minimum, BART shall require use of sandbag dikes, silt fences, straw bale dikes, or
equivalent control practices for all construction sites where stormwater runoff could travel off-site
to a natural drainage -way or stormwater drain.
5. Hazardous Materials Management:
a. Prior to right-of-way acquisition, BART shall conduct further geotechnical
analysis to determine the presence of hazardous materials. If a site is found to be contaminated to
an extent that disturbance could pose a significant hazard, the site will be avoided, contained or
cleaned up. Prior to construction, BART and its contractors will develop a hazardous materials
contingency plan which will contain specific emergency response procedures to be followed in the
event of discovery of previously undetected contaminants.
b. In the event that previously undetected contamination is encountered during
project construction, BART will take soil and/or groundwater samples to determine the nature and
extent of contamination. If levels of contaminants exceed regulatory criteria, BART will proceed
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with construction only when risk to public and worker health and safety and environmental health
is reduced to acceptable levels as defined by California Occupational Safety and Health
Administration ("OSHA") Standards. If site remediation is found necessary, BART's contractor,
with oversight from BART's Safety Department, will prepare a site-specific Safety and Health
Plan for hazardous materials and waste operations and submit it to the San Mateo County
Department of Health Services, Environmental Services Division before site activities proceed,
pursuant to federal and California OSHA regulations for hazardous waste site Safety and Health
Plans.
C. BART will manage hazardous materials as prescribed by Materials Safety
Data Sheets issued by chemical manufacturers and importers, pursuant to the federal OSHA's
Hazard Communication Standard. BART shall manage hazardous materials pursuant to CCR Title
22, Division 4.5, Chapter 20, Environmental Health Standards for the Management of Hazardous
Waste.
B. Additional Assurances:
1. Soil Erosion Control/Drainage:
a. BART shall require its construction contractor(s) to develop and implement
an erosion control plan for the construction site within City boundaries. BART will provide three
(3) copies of the erosion control plan to the City.
BART shall require its construction contractor(s) to use watering trucks as needed
during the summer months and during heavy construction and earth -moving activities to minimize
dust and wind erosion.
On City streets used by BART's contractor(s), BART shall require the
contractor(s) to remove all construction -related debris. Such cleaning shall be performed in
accordance with BART's contract documents.
2. Construction Hours and Work Days:
Normal work hours for on-site construction work shall be between 7:00 a.m. and 7:00
p.m., Monday through Friday. On-site construction work shall include, but is not limited to,
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equipment maintenance, site preparation and deliveries. In the event that on-site construction
work within City boundaries needs to be performed outside of the above specified normal work
hours, BART will contact the City for approval of such work, which approval shall not be
unreasonably withheld.
3. Traffic Maintenance and Detours:
a. BART shall assume full responsibility for maintaining in service, or
causing to be maintained in service, all traffic detours within the City during BART construction
of the Project in a manner reasonably satisfactory to the City, subject to and consistent with all
Caltrans requirements. All traffic control, lane closure and detour plans affecting City streets shall
be submitted to the City for approval prior to commencement of any phase of construction
requiring either traffic control or detour(s), which approval shall not be unreasonably withheld.
Movement of all construction traffic shall be in accordance with Caltrans standards for state
highways.
b. BART shall, to the greatest extent practicable, maintain in service, or cause
to be maintained in service, during BART construction, all City streets and related City
Infrastructure within the limits of the Project area in a manner reasonably satisfactory to the City.
The City recognizes and agrees that certain City streets will, of necessity, be closed, in whole or
in part, for some periods during construction.
C. In its contract documents, BART shall require its contractor(s) to submit
traffic plans showing haul routes, temporary closures, and the method of traffic maintenance and
staging to the City for approval. The City shall approve or disapprove the plans no later than ten
(10) working days following the City's receipt of such plans and shall, under no circumstances,
unreasonably withhold approval.
d. In its contract documents, BART shall, prior to the temporary closure to
traffic of all or part of any street, sidewalk, or other public access within the City, require that its
contractor(s) provide at least ten (10) working days notice of such closure to the City. Deviation
from this ten (10) working day requirement may be permitted in bona fide emergency situations as
6254.2 4/29199 -17-
jointly determined by BART and the City.
4. Construction Lighting:
BART shall provide construction lighting with internal shielding and positioned to prevent
light spill in the direction of neighboring residential and commercial properties. If construction
lighting is needed for special circumstances, the Contractor shall submit to the City its construction
lighting plans along with its request for permission to work between the hours of 7:00 p.m. to
7:00 a.m.
5. Construction Site Fencing:
BART will submit its construction fencing plan(s) to the City for review and comment
prior to construction of any phase or portion of the Project requiring such construction fencing
within the City or affecting City facilities.
6. Landscaping:
BART shall require its contractor to comply with BART's Plans and Specifications
regarding protection of City trees and landscaping.
7. Emergency Notification:
Prior to commencement of construction of the Project, BART shall provide the City with
an emergency response plan outlining BART's general procedures for responding to an emergency
on the Project construction site within the City. BART shall also provide the City with a list of
BART personnel to be contacted in the event of an emergency. A BART representative is
available for emergencies twenty-four (24) hours a day at (650) 222-0701. A City representative
is available at (650) 692-8440.
8. Handling of Inquiries Regarding Construction:
During construction of the Project, BART will assign a lead representative to handle
inquiries related to Project activities within the City, including inquiries regarding noise and
vibration, from City residents, City officials, or City staff. BART will provide written notice to
the City and shall publicize the telephone number, fax number and e-mail address of the lead
representative. BART will ensure that said representative makes an initial response to all health
6254.2 4/29/99 -18-
and safety-related inquiries within a reasonable period of time, not to exceed eight (8) hours. In
addition, BART will make an initial response to all other inquiries within are reasonable period of
time not to exceed seventy-two (72) hours. Follow-up of inquiries will be completed within a
reasonable time following initial contact. BART will take all reasonable actions to ensure that
corrective actions, where necessary, are implemented within a reasonable period of time following
the initial contact. The BART lead representative will coordinate with City staff to provide such
reasonable reports and information as are requested by the City.
9. Erosion Control Plan:
BART will provide an erosion control plan to retain sediments on site in accordance with
BART's permits. All stockpiled earthwork shall be protected from wind and water erosion. Dust
control shall be undertaken in accordance with BART Plans and Specifications and the MMRP.
BART will provide its erosion control plan(s) to the City for review.
10. Miscellaneous Documents:
Upon request, BART will provide to the City a copy of the SWPPP referenced in Section
3.A.4 and a copy of the hazardous materials contingency plan referenced in 3.A.5.a.
LEGAL PROVISIONS
SECTION 4: CONTRACT DOCUMENTS INDEMNITY
For any work performed on City Infrastructure, BART shall require all of the Project's
construction contractors to defend, indemnify and hold the City, its officers and employees
harmless against any liability arising out of the acts or omissions of each such contractor, and such
contractor shall include the City, its elective and appointed officers, employees and agents as
additional insurers in any insurance policies obtained by them at no cost to the City.
SECTION 5: INDEMNIFICATION
A. Neither the City nor any officer, agent or employee of the City is responsible for any
damages or liability occurring by reason of anything done or omitted to be done by BART, its
6254.2 4/29/99 -19-
directors, officers, agents, employees and consultants, under or in connection with any work,
authority or jurisdiction assumed by or assigned to BART under this MOU. Pursuant to
Government Code Section 895.4, BART will fully indemnify, hold harmless and defend in any
claim or litigation, the City, its officers, agents and employees from any damage or liability
occrring by reason of anything done or omitted to be done by BART, its directors, officers,
agents, employees and consultants under or in connection with any work, authority or
jurisdiction assumed by or assigned to BART under this MOU. The duty of BART to indemnify
and hold harmless, as set forth above, shall include the duty to defend as set forth in Section 2778
of the California Civil Code, provided, however, that nothing herein shall be construed to require
BART to indemnify the City, its officers, agents, and employees against any responsibility or
liability in contravention of Section 2782 of the California Civil Code.
B. Neither BART nor any director, officer, agent or employee of BART is responsible for
any damages or liability occurring by reason of anything done or omitted to be done by the City,
its officers, agents, employees and consultants, under or in connection with any work, authority
or jurisdiction assumed by or assigned to the City under this MOU. Pursuant to Government
Code Section 895.4, the City will fully indemnify, hold harmless and defend in any claim or
litigation, BART, its directors, officers, agents and employees from any damage or liability
occurring by reason of anything done or omitted to be done by the City, its officers, agents,
employees, and consultants under or in connection with any work, authority or jurisdiction
assumed by or assigned to the City under this MOU. The duty of the City to indemnify and hold
harmless, as set forth above, shall include the duty to defend as set forth in Section 2778 of the
California Civil Code, provided, however, that nothing herein shall be construed to require the
City to indemnify BART, its directors, officers, agents, and employees against any responsibility
or liability in contravention of Section 2782 of the California Civil Code.
SECTION 6: DESIGNATED AGENT OF THE PARTIES
6254.2 4/29/99 -20-
The City contact person for all matters related to this MOU shall be the City Manager or his or
her designee. BART's contact person for all matters related to this MOU shall be the Executive
Manager for West Bay Extensions or his or her designee.
SECTION 7: INSURANCE
BART shall include in its contract documents a requirement that the City be named an additional
insured in the master insurance program obtained during construction of the Project, also known
as the Owner Controlled Insurance Program.
SECTION 8: WARRANTIES
BART shall require warranties from all of its contractors for all work performed and for all
contractor -installed equipment and materials supplied in connection with the Project. BART
acceptance of all work performed and for all contractor -installed equipment and materials supplied
in connection with Utility Relocation Work and repair of City Infrastructure shall be predicated
upon City acceptance of such work, equipment, and materials. All BART warranties to the City
shall be for a period of twelve (12) months from acceptance by the City, except where the
manufacturer's usual warranty is for a longer period. In that event, the longer period, less thirty
(30) days, will apply. If necessary, upon written request by the City, BART will pursue all of its
available remedies under those warranty provisions for correction of any defects in materials
and/or workmanship discovered within the warranty period. Correction of such defects in the
work performed for the City shall commence within sixty (60) working days of written notification
to BART by the City, at no cost to the City, so long as the notification is within the warranty
period.
SECTION 9: NOTICES
All notices required hereunder, except as otherwise provided in Section 2.G.I I and 2.G.12, may
be given by personal delivery, US Mail, courier service (e.g. Federal Express) or telecopier
6254.2 4/29199 -21-
transmission. Notices shall be effective upon receipt at the following addresses.
To BART by U.S. Mail: San Francisco Bay Area
Rapid Transit District
Box 12688
Oakland, CA 94604-2688
Attention: General Manager
Telefax (510) 464-6009
cc: San Francisco Bay Area
Rapid Transit District
Broadway
Millbrae, CA 94030
Attention: Executive Manager
Telefax (415) 689-8321
To BART by personal delivery or special delivery to:
San Francisco Bay Area
Rapid Transit District
Madison Street
Oakland, CA 94604-2688
Attention: General Manager
cc: San Francisco Bay Area
Rapid Transit District
Broadway
Millbrae, CA 94030
Attention: Executive Manager
To City: City of Burlingame
501 Primrose Road
Burlingame, CA 94010
Attention: Dennis Argyres
City Manager
Telefax (650) 342-8386
SECTION 10: PAYMENT
A. Payment by BART of City invoices pursuant to Section 2.A.2 of this MOU will be
made within thirty (30) days of receipt of an acceptable invoice supported by such evidence as
6254.2 4/29199 -22-
BART may reasonably require. All invoices shall be made in writing and delivered or mailed to
171914ffmi.71Gm
The San Francisco Bay Area Rapid Transit District
West Bay Extensions
800 Madison Street
P.O. Box 12688
Oakland, California 94604-2688
Attention: Assistant Controller
Telefax (510) 464-6915
With a copy to:
The San Francisco Bay Area Rapid Transit District
West Bay Extensions
979 Broadway
Millbrae, California 94030
Attention: Group Manager, Design & Construction Engineering Support
Telefax No. (650) 689-2083
B. The City agrees to perform all work under this MOU in accordance with rates
which are (i) reasonable and (ii) usually and customarily charged by the City for work performed
by the City in the normal course of its business. The City agrees that only actual allowable,
allocable, necessary and reasonable costs are reimbursable by BART. Whether work is performed
by the forces of the City or by a third party, no City profit is allowed. The City's costs (excluding
third party costs) shall comply with OMB Circular A-87 and 49 CFR Part 18, and the City will
conform with the applicable requirements of FTA Circulars 5010.B and 4220.113. In the event
third parties perform work on behalf of the City under this MOU, the cost principles set forth in
OMB Circular A-87 or, as appropriate, 48 CFR Part 31 shall be used to determine the
allowability, allocability, and reasonableness of costs subject to reimbursement by BART.
SECTION 11: RECORD RETENTION AND AUDIT
A. Record Maintenance:
6254.2 4129199 -23-
The City agrees to establish and maintain, and to require its contractor(s) to establish and
maintain, records pertaining to the fiscal activities of the Project, which records shall show the
actual time devoted and the costs incurred by the City with respect to any work performed under
this MOU. The accounting systems of the City and its contractor(s) shall conform to generally
accepted accounting principles, and all records shall provide a breakdown of total costs charged to
the Project, including properly executed payrolls, time records, invoices and vouchers. Upon
written request, the City shall, at a mutually convenient time, permit BART, the Secretary of
Transportation, the Comptroller General of the United States, and their authorized representatives,
to inspect, examine, re-examine, and copy the City's books, records, accounts, and any and all
data relevant to this MOU for the purpose of auditing and verifying statements, invoices or bills
submitted by the City pursuant to this MOU, and shall provide such assistance as may be
reasonably required in the course of such inspection. The City shall, at BART's request, provide
a letter of representation concerning its usual and ordinary charges for work similar to the work to
be performed under this MOU, as well as the accounting systems utilized by the City for work to
be performed under this MOU.
B. Record Retention:
BART reserves the right, for itself, the Secretary of Transportation, the Comptroller
General of the United States, and their authorized representatives, to examine and re-examine such
books, records, payrolls, accounts and data during the three (3) year period after final payment
under this MOU and until all pending matters are closed, and the City shall in no event dispose of
said books, records, payrolls, accounts and data in any manner whatsoever for three (3) years
after the final payment under this MOU or until all pending matters are closed, whichever is later.
C. Audit and Examination:
Pursuant to California Government Code Section 8546.7, the Parties shall be subject to the
examination and audit of the State Auditor, at the request of BART or as part of any audit of
BART by the State Auditor, for a period of three (3) years after final payment under this MOU.
The examination and audit shall be confined to those matters connected with the performance of
6254.2 4/29/99 -24-
this MOU, including but not limited to the cost of administering the MOU.
SECTION 12: RESOLUTION OF DISPUTES
If any dispute under this MOU cannot be resolved by the Parties, upon the written request of
either of the Party, the dispute shall be resolved in accordance with the terms set forth in
Attachment C.
SECTION 13: MISCELLANEOUS LEGAL PROVISIONS
A. Parties Not Co -Venturers:
Nothing in this MOU is intended to nor does it establish the Parties as partners, co -
venturers or principal and agent with one another.
B. Non -Liability of Officials, Employees and Agents:
No director, member, official, employee or agent of the City or BART shall be personally
liable to any party to this MOU or to any successor in interest in the event of any default or breach
of this MOU or for any amount which may become due on any obligation under the terms of this
MOU.
C. Applicable Law:
This MOU shall be interpreted under and pursuant to the laws of the State of California.
The Parties agree that the jurisdiction and venue of any dispute between the Parties to this MOU
shall be the Superior Court of San Mateo County.
D. Severability:
If any term, provision, covenant or condition of this MOU is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in
full force and effect unless the rights and obligations of the Parties have been materially altered or
abridged by such invalidation, voiding or unenforceability.
E. Binding Upon Successors:
This MOU shall be binding upon and inure to the benefit of the transferees, successors and
6254.2 4129/99 -25-
assigns of each of the Parties to it, except that there shall be no transfer of any interest by any of
the Parties to this MOU except pursuant to the terms of the MOU.
F. Remedies Not Exclusive:
No right or remedy conferred upon or reserved to BART or the City under this MOU is
intended to be exclusive of any other right or remedy, except as expressly stated in this MOU, and
each and every right and remedy shall be cumulative and in addition to any other right or remedy
given under this MOU or now or hereafter existing at law or in equity or by statute, except such
rights or remedies as are expressly limited in this MOU.
G. Force Majeure:
In addition to specific provisions of this MOU, performance by either party shall not be
deemed to be in default where delays or defaults are due to war, insurrection, strikes, lockouts,
riots, floods, earthquakes, fires, quarantine restrictions, casualties, acts of God, acts of the public
enemy, epidemic, government restrictions on priorities, freight embargoes, shortage of labor or
materials, unusually inclement weather, lack of transportation, court order, or any other similar
causes beyond the control or without the fault of the party claiming an extension of time to
perform. An extension of time for any cause will be deemed granted if notice by the party
claiming such extension is sent to the other party within thirty (30) days from the commencement
of the cause and such extension is not rejected in writing by the other party within thirty (30) days
of receipt of the notice. Time of performance under this MOU may also be extended by mutual
written agreement, signed by both Parties.
H. Conditions:
This MOU shall not be effective without the execution by both Parties and delivery, under
due legal authority, of the Landscaping and Tree MOU and the Right -of -Way Contract, and the
delivery to BART or its designee of the executed deeds referenced therein.
I. Integration:
This MOU represents the full, complete and entire agreement of the Parties with respect to
the subject matter hereof, and supersedes any and all other communications, representations,
6254.2 4/29/99 -26-
proposals, understandings or agreements, whether written or oral, between the Parties hereto with
respect to such subject matter. This MOU may not be modified or amended, in whole or in part,
except by a writing signed by an authorized officer or representative of each of the Parties hereto.
6254.2 4/29/99 -27-
This MOU is made and entered into as of the date set forth above.
SAN FRANCISCO BAY AREA
RAPID TRANSIT DISTRICT
By:
Thomas E. Margro
General Manager
APPROVED AS TO FORM
Office of the General Counsel
By:
BART Legal Counsel
6254.2 4129199
10
[NY11911011TH911WH:M1al
Mayor of the City of Burlingame
APPROVED AS TO FORM
Office of the City Attorney
Attachments:
A. City Staff Rates
B. City Utilities and Utility Relocation Work
C. Resolution of Disputes
6254.1 4/29/99 -28-
ATTACHMENTS
ATTACHMENT A City Staff Rates
ATTACHMENT B City Utilities and Utility Relocation Work
ATTACHMENT C Resolution of Disputes
ATTACHMENT A
Attachment A
CITY STAFF RATES
Labor Hourly Rates + 25% Labor Benefits = Total Labor Cost
Add City of Burlingame 15% Administrative Fee to Total Labor Cost
City of Burlingame Technical MOU Attachment A
04/29/99
City Rate
Add 25%
Total
Class
Title
Schedule
Hourly
Labor
Labor
#
Date
Rate
Benefits
Cost *
A600
Senior Civil Engineer
2-3-99
$ 37.83
$9.46
$ 47.29
A607
Senior Public Works
2-3-99
$ 30.72
7.68
38.40
Inspector
B500
Assistant Water
7-15-98
$ 31.35
7.84
39.19
Superintendent
B602
City Engineer
7-15-98
$ 45.49
11.37
56.86
8607
Assistant Street & Sewer
7-15-98
$ 31.35
7.84
39.19
Superintendent
S500
Water Supervisor
7-15-98
$ 26.16
6.54
32.70
S501
Water Maintenance
7-15-98
$ 22.36
5.59
27.95
Leadworker
S600
Street & Sewer
7-15-98
$ 26.16
6.54
32.70
Supervisor
S601
Street & Sewer
7-15-98
$ 22.36
5.59
27.95
Leadworker
Labor Hourly Rates + 25% Labor Benefits = Total Labor Cost
Add City of Burlingame 15% Administrative Fee to Total Labor Cost
City of Burlingame Technical MOU Attachment A
04/29/99
ATTACHMENT B
Attachment B
CITY UTILITIES AND UTILITY RELOCATION WORK
PROTECT - IN - PLACE UTILITIES
Utility Type
Utility ID No.
Size & Type
Utility Relocation
Other Features and
Work
Comments
Sanitary Sewer
COB #5
12" dia. CIP
Protect in place.
City to reimburse BART
COM #31
39" dia.
Protect, Monitor &
West of Bayshore
Sanitary Sewer
COB #3
Force Main
Repair if damaged.
Parcel Area. Jointly
removed and relocated.
owned by Cities of
Millbrae and
Burlingame.
Storm Drain
COB #6
48" dia. RCP
Protect in place.
maintenance access
COB #38
72" dia.
Protect in place.
over Trousdale Canal.
UTILITY REMOVAL, RELOCATION AND/OR MODIFICATION
Utility Type
Utility ID No.
Size & Type
Utility Relocation
Other Features and
Work
Comments
Water
COB #1
12" dia. CIP
Protect in place until
City to reimburse BART
removed and relocated
to upgrade to 16" dia.
Sanitary Sewer
COB #3
8" dia. CIP
Protect in place until
BART will provide
removed and relocated.
removable 8'-0" wide
pedestrian -type steel
bridge for City
maintenance access
over Trousdale Canal.
Storm Drain
COB #2
60" dia. RCP
Protect in place and
Extended portion will
(outflow
extend outflow portion
include about 35' of
portion only)
with approx. 20 feet of
headwall structure.
72" RCP into Trousdale
Canal.
COB #4
24" dia. CMP
Protect in place, remove
Only inlet and first 10
and reconstruct inlet
feet pipe is COB.
connections.
coB #9
12" dia. RCP
Protect in place, remove
Only catch basin and
&
and replace catch basin
about 10' of pipe is
Drainage Inlet
and ipe connection.
COB.
City of Burlingame Technical MOU page - 1 Attachment B
04/27/99
Attachment B
CITY UTILITIES AND UTILITY RELOCATION WORK
ATTACHMENT B-1
COB #5: 12" Diameter CIP Sanitary Sewer
COB # 5 will be protected in place. This lateral branches off from the California Drive sanitary
sewer line and runs easterly. It is located approximately 180 feet south of the BART tailtrack
security wall and will be located within the BART fenced area.
COB #6: 48" Diameter RCP Storm Drain
COB # 6 will be protected in place. The storm drain crosses California Drive and the BART
alignment at a location south from the end of the BART tailtracks. Approximately 85 feet of the 48"
storm drain will be protected in place within the fenced area south of the BART tailtrack security
wall.
ATTACHMENT B - 2
COB # 1: 12" Diameter CIP Water with City of Burlingame Upgrade to 16" Diameter
COB # 1 will be protected in place until it is removed and relocated. It is located at Trousdale Drive
and California Drive and extends across the BART alignment. Approximately 300 feet of pipeline
will be removed and/or abandoned. The relocated 12" waterline would be approximately 50 feet to
the north and encased in an 18" diameter steel pipe casing within the JPB and BART right-of-
ways.
In accordance with the City of Burlingame's request, BART will change the relocated pipe size to a
16" diameter DIP with 30" casing and other specified COB appurtenances. The City of Burlingame
will reimburse BART for all associated costs with respect to the City's requested upgrade.
COB #2: Extend 60" Diameter RCP Storm Drain
COB # 2 will be protected in place and extended. It is located at Trousdale and California Drives,
extends across the BART alignment and outflows into Trousdale Canal. Approximately 110 feet of
the storm drain will be protected in place to sustain design and construction loads. A new 72"
diameter RCP will be extended approximately 20 feet with a new headwall in the Trousdale Canal.
ATTACHMENT B - 3
COB #3: 8" Diameter CIP Sanitary Sewer
COB # 3 will be protected in place until it is removed and relocated to the south of its existing
alignment. It crosses California Drive and the BART alignment approximately 525 feet north of
Trousdale Drive. Approximately 450 feet of 8" dia. CIP and 2 manholes will be removed or
abandoned. The realignment will run approximately 100 feet south on California Drive from the
existing manhole, traverse approximately 280 feet across the JPB and BART right-of-ways and
siphon under the Trousdale Canal to connect into the existing SS line. A new manhole will be
located and each side of the Trousdale Canal.
An 8'-0" wide removable prefabricated steel bridge with pressure treated hardwood deck will span
across the Trousdale Canal to provide the City of Millbrae maintenance access to the relocated
sanitary sewer line manholes.. The reinforced concrete bridge abutments will clear the concrete
lining of the existing channel and allow for easy removal of the bridge for canal maintenance.
Stairs with handrails will allow access to the bridge from both sides of the canal.
City of Burlingame Technical MOU page - 2 Attachment B
04/27/99
Attachment B
CITY UTILITIES AND UTILITY RELOCATION WORK
COB #4: Portion of 24" Diameter Storm Drain
COB #4, a 24" diameter corrugated metal (CMP) storm drain, will be protected in place until
approximately 60 feet is removed under the BART alignment. The City of Burlingame owns the
portion of the pipe within the Trousdale Canal, which is approximately 20 feet. The remainder of
the 24" diameter CMP shall be refilled with cement slurry, its entrance to the channel removed,
and the channel lining repaired.
COB #9: 12" Diameter RCP Storm Drain
COB # 9 is located on California Drive. The City of Burlingame owns approximately 10 feet of the
12" pipe within California Drive, including the drainage inlet and catch basin. The City of
Burlingame connects its 12" pipe segment to an existing storm drain line which traverses under the
JPB right -of way and which is owned by others. The existing 12" diameter will be replaced by a
large drainage structure. The COB connection will be relocated to tie into to this new drainage
structure.
ATTACHMENT B — 4
COB #38: 72" Diameter Storm Drain
COB # 38 will be protected in place. It is located at the downstream end of the Trousdale Canal
and is the drainage outflow culvert for the Trousdale Canal.
ATTACHMENT B — 5 and ATTACHMENT B - 6
COM #31: 39" Diameter Sanitary Sewer Force Main (West of Bayshore Area)
The portion of COM # 31 located in the West of Bayshore area will be protected in place,
monitored and repaired if damaged. The project work will traverse the sanitary sewer pipe at the
construction access road along the northern edge of Cupid Row and at the BART aerial -Wye
structure. The City of Burlingame and the City of Millbrae, in the West of Bayshore area, jointly
own COM #31.
City of Burlingame Technical MOU page - 3 Attachment B
04/27/99
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ATTACHMENT C
ATTACHMENT C
RESOLUTION OF DISPUTES
A. Level: Each party will designate project staff or individuals to be the initial
person or persons to discuss any apparent dispute or disagreement between the
parties and initiate this procedure. Each such designated first level person may
contact his or her counterpart at the same level at any time to raise any apparent
disagreement related to the Project. For the City, the first level person shall be
designated by the City at the time of execution of this Agreement. For BART, the
first level person, unless BART shall designate otherwise in writing, shall be the
BART -SFO Extension Project Manager.
Urgent Matters: For any matter designated by the initiating party as
"urgent," the other party shall make its first response within twenty-four
hours, or within such other period as the first level persons may agree.
2. Non -Urgent Matters: Unless a matter is designated "urgent' by the
initiating party, the other party shall respond with in five (5) working days,
or within such other period as the first level persons may agree.
B. Second Level: Each party will designate individuals to whom matters not
resolved at the first level shall be referred. Each such designated second level
person may contact his or her counterpart at the same level at any time to raise
any apparent disagreement related to the Project. For the City, the second level
person shall be designated by the City at the time of execution of this Agreement.
C.
For BART, the second level person, unless BART shall designate otherwise in
writing, shall be the Executive Manager, West Bay Extensions.
1. Urgent Matters: For any matter designated by the initiating party as
"urgent," the other party shall make its first response within twenty-four
hours, or within such other period as the second level persons may agree.
2. Non -Urgent Matters: Unless a matter is designated `urgent' by the
initiating party, the other party shall respond within three work days, or
within such other period as the second level persons may agree.
Third Level: Each party will designate individuals to whom matters not resolved
at the second level shall be referred. These designated third level persons shall
constitute the final internal level within BART and the City for resolution of
issues between the parties. Each such designated third level person may contact
his or her counterpart at the same level at any time to raise any apparent
disagreement related to the Project. For the City, the third level person shall be
designated by the City at the time of execution of this Agreement. For BART, the
third level person, unless BART shall designate otherwise in writing, shall be the
General Manager.
Response: The initiating third level person will request a response
from his or her counterpart and that response will be made within a time
period agreed between the third level persons.
D. Alternative Dispute Resolution Board: If the designated third level
individuals are unable to reach resolution, upon written request of either of the
parties, the matter shall be presented to an Alternative Dispute Resolution Board
("ADRB") as follows:
1. Composition of the ADRB: The ADRB shall consist of one member
selected by BART and one member selected by the City. These two
members shall, within 40 days of their selection, choose the third member
who will chair the ADRB. If the two members cannot agree on the third
member, either member may request the American Arbitration Association
in San Francisco to appoint the third member. It is desirable that all
ADRB members be experienced with the type of construction involved in
this Agreement, and interpretation of Contract Documents. No member of
the ADRB shall have any conflict of interest, which would prevent the
member from impartially serving on the ADRB. No member shall have a
financial interest in the Agreement, except for payment for services on the
ADRB. No member shall have been an employee, within a period of one
year prior to the Effective Date of this Agreement, of any entity with a
financial interest in the Agreement; except that service as a member of
other Alternative Dispute Review Boards on other BART contracts will
not preclude a member from serving on the ADRB for this Agreement.
No member shall have been a contractor to or attorney for either the City
or BART within a period of one year prior to the effective date of this
MOU, except that service as a member of other Alternative Dispute
Review Boards on other BART contracts will not preclude a member from
serving on the ADRB for disputes under this MOU. All prospective
members of the ADRB shall make full disclosure of all financial interest
in, or other involvement with, the work contemplated under this
Agreement and any entities associated with the work, including any close
professional or personal relationships. Each member of the ADRB shall
file a written disclosure with both BART and the City, describing all
income in excess of $500 received from BART or the City during the
previous thirty-six (36) months.
2. Cost of the ADRB: BART and the City shall pay compensation for fees
and expenses for the ADRB member each has selected. BART and the
City shall each pay one-half of all compensation for fees and expenses for
the Chair.
3. Hearing on Disputes: When a written notice of a dispute is referred to the
ADRB, a hearing shall be held within thirty (30) days of referral. The
ADRB may request written documentation and arguments from both
parties prior to the hearing. A party furnishing written documentation to
the ADRB must furnish a copy to the other party at least fifteen (15) days
before the hearing begins.
4. Hearing Procedure: BART and the City shall be represented at all
hearings by their respective project management. Lawyers may participate
only by agreement of both parties. BART and the City shall each be
afforded an opportunity to be heard by the ADRB and to offer evidence.
The ADRB members may ask questions, seek clarification, or request
further data. The ADRB may request from either party documents or
information that would assist the ADRB in making its findings and
recommendations. A refusal by a party to provide information requested
by the ADRB may be considered by the ADRB in making its findings and
recommendations. Additional hearings may be necessary in order to
consider all evidence presented by both parties. The ADRB may make
any other rules applicable to its proceedings, which it deems necessary.
5. Post -Hearing Procedures: After the hearings are concluded, the ADRB
shall meet in private and reach a conclusion supported by two or more
members. As soon as practicable thereafter, its findings and
recommendations, together with its reasons, shall be submitted as a written
report to both parties, at the addresses indicated in Section 18, below. If a
unanimous decision proves impossible, the dissenting member may
prepare a minority report.
6. Nonbinding Nature of ADRB Recommendations: Although both parties
should strongly consider the ADRB recommendations, such
recommendations are not binding. Either party may appeal to the ADRB
for reconsideration of a recommendation when there is new evidence to
present. If the ADRB's recommendations do not resolve the dispute,
however, it is the intent of the parties that all documents submitted to it
and its hearing record and written report pertaining to the dispute will be
admissible as evidence, to the extent permitted by applicable law, in any
subsequent proceeding. The Parties expressly acknowledge that the
foregoing provisions of this Section 17 are the sole and exclusive
administrative or non judicial remedies which must be exhausted prior to
seeking any remedy provided at law or equity for a default hereunder.
Notwithstanding the above, nothing in this Section shall prevent either
Party from seeking an interim remedy in extraordinary circumstances.