San Mateo County Transportation Authority/ City of San Mateo / Peninsula Corridor Joint Powers Board Fourth Amendment to 25th Avenue Grade Separation Memorandum of Understanding
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FOURTH AMENDMENT TO
THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY, THE
CITY OF SAN MATEO, AND THE PENINSULA CORRIDOR JOINT POWERS BOARD FOR THE 25TH AVENUE GRADE SEPARATION AND RAIL
REALIGNMENT PROJECT
THIS FOURTH AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY, THE CITY
OF SAN MATEO, AND THE PENINSULA CORRIDOR JOINT POWERS BOARD FOR THE FINAL RIGHT OF WAY AND CONSTRUCTION PHASE FOR THE 25TH AVENUE GRADE SEPARATION AND RAIL REALIGNMENT PROJECT is made as of __________________, by and between the San Mateo County Transportation Authority (TA), the City of San Mateo (Sponsor), and the Peninsula Corridor Joint Powers Board (JPB), referred to herein individually as “Party” and jointly as “Parties.”
WHEREAS, on July 11, 2014, the Parties entered into a n MOU for the Preliminary Engineering/ Environmental (PE/ENV) phase of the 25th Avenue Grade Separation and Rail Realignment Project (Project); and
WHEREAS, on March 3, 2016, the Parties entered into a First Amendment to the MOU for the Final Design and Right of Way (PS&E and ROW) phases of work; and
WHEREAS, on October 6, 2016, the TA programmed and allocated $65.3 million in Measure A Grade Separation Program Category funds to complete the ROW and Construction phases of work for the Project based on an estimated budget of $180 million; and
WHEREAS, the Parties entered into a Second Amendment to the MOU on August 10, 2017 to allocate the $65.3 million in Measure A Grade Separation Program funds for ROW and Construction phases, including utility relocation work and related costs; and
WHEREAS, the scope of work funded by the Second Amendment to the MOU included the construction of a parking lot for automobiles and a separate parking track for Caltrain rolling stock; and
WHEREAS, on January 7, 2021, the TA programmed and allocated an additional $23.8 million in Measure A Grade Separation Program Category funds to fund unforeseen construction challenges; and
WHEREAS, the Parties entered into a Third Amendment to the MOU on September 15, 2021 to allocate the $23.8 million in Measure A Grade Separation Program Category funds to the Project; and
WHEREAS, the Third Amendment also amended Section E of the MOU to make the JPB responsible for adjustments to the Hillsdale Station parking lot and construction of a parking lot and a set-out track, now referred to as the San Mateo Parking Track sub-project; and
San Mateo County Transportation Authority/ City of San Mateo / Peninsula Corridor Joint Powers Board Fourth Amendment to 25th Avenue Grade Separation Memorandum of Understanding
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WHEREAS, the 25th Avenue Grade Separation was substantially completed and the new Hillsdale Station was opened for service in late 2021; and
WHEREAS, the JPB project team is currently in the close-out phase of the Project and needs additional time to complete remaining punch list items including the installation of wheel stops in the parking lot; and
WHEREAS, to expeditiously accomplish the installation of the wheel stops the JPB recommends the transfer of $75,000 to the separate Mini High Platform Project; and
WHEREAS, the JPB deferred San Mateo Parking Track until the substantial completion of the 25th Avenue grade separation was accomplished; and
WHEREAS, the JPB proposes to internally transfer a remaining $1,500,00 in Measure A funding to the San Mateo Parking Track sub-project along with internally transferring $2,354,522 from the City of San Mateo for a total transfer of $3,854,522 from the 25th Avenue Grade Separation Project to the San Mateo Parking Track sub-project; and
WHEREAS, TA staff concur that the transfer of remaining funds are intended to complete approved scope from the original 25th Avenue Grade Separation Project; and
WHEREAS, in addition to the $3,854,522 from the 25th Avenue Grade Separation funding, the JPB has identified $6,273,889 in other JPB and grant funds to fully fund the remaining San Mateo Parking Tract work;
WHEREAS, the JPB has submitted a request on December 20, 2023 to the TA, to allow for the MOU term to be extended for an additional twenty-three (23) months and fourteen (14) days, through February 28, 2026, to complete all remaining approved portions of the Scope of Work by August 31, 2025 and then request reimbursements.
NOW, THEREFORE, IT IS HEREBY AGREED by the Parties that the MOU is revised and amended as follows:
1. EFFECTIVE DATE. This Fourth Amendment is effective as of the day and year first written above.
2. FUNDING COMMITMENT. Section B.1. of the MOU is revised to add the following paragraph to the end of this section:
Exhibit A-4 authorizes the transfer of $1,500,000 in TA Measure A Funds and $2,354,522 in City of San Mateo funds which were previously dedicated to the 25th Avenue Grade Separation Project to be reassigned to the design and construction phase of the secondary San Mateo Parking Track sub-project. The JPB has identified an additional $6,273,889 in JPB and other grant funds to fully fund the secondary San Mateo Parking Track scope of work. The total cost of the 25th Avenue Grade Separation Project including the secondary San Mateo Parking Track work is now increased from $205.9 million to $212.2 million.
San Mateo County Transportation Authority/ City of San Mateo / Peninsula Corridor Joint Powers Board Fourth Amendment to 25th Avenue Grade Separation Memorandum of Understanding
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3. TERM OF MOU. Section C.1 of the MOU, Term of MOU, is revised and restated to read:
1. Term of MOU. This MOU is effective upon the Execution Date. This MOU, as amended, will terminate upon the earliest of: (a) six months after the written acceptance/endorsement of the Sponsor of the completion of the Scope of Work, (b) termination by Sponsor, the JPB or the TA pursuant to section C.3, C.4, C.5, or C.6, or (c) on February 28, 2026.
4. TIME OF PERFORMANCE. Section C.2 of the MOU, Time of Performance, is revised and restated to read:
2. Time of Performance. The Project Scope of Work must be completed no later than August 31, 2025.
5. EFFECT. Except as and solely to the extent amended by this Fourth Amendment, the MOU, as previously amended, will continue in full force and effect in accordance with its terms.
San Mateo County Transportation Authority/ City of San Mateo / Peninsula Corridor Joint Powers Board Fourth Amendment to 25th Avenue Grade Separation Memorandum of Understanding
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IN WITNESS WHEREOF, the Parties hereto have caused this Fourth Amendment to be executed by the persons authorized to act in their respective names on the day and year first written above.
CITY OF SAN MATEO
By: ___________________________________
Name: Alex Khojikian
Its: City Manager
APPROVED AS TO FORM:
Legal Counsel for the City of San Mateo
PENINSULA CORRIDOR JOINT POWERS BOARD
By: ___________________________________
Name: Michelle Bouchard
Its: Executive Director
APPROVED AS TO FORM:
Legal Counsel for the JPB
SAN MATEO COUNTY TRANSPORTATION
AUTHORITY
By: ___________________________________
Name: April Chan
Its: Executive Director
APPROVED AS TO FORM:
Legal Counsel for the TA
San Mateo County Transportation Authority/ City of San Mateo / Peninsula Corridor Joint Powers Board Fourth Amendment to 25th Avenue Grade Separation Memorandum of Understanding
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EXHIBIT A-4: SCOPE OF WORK INFORMATION
25th Avenue Grade Separation and Rail Realignment Project Right-of-Way and Construction
Sponsoring Agency: City of San Mateo
Jay Yu, Engineering Manager
330 West 20th Avenue
San Mateo, CA 94403
(650) 522-7323; [email protected]
Lead/Implementing Agency: Peninsula Corridor Joint Powers Board (JPB) Michelle Bouchard, Acting Executive Director
1250 San Carlos Ave, P.O. Box 3006
San Carlos, CA 94070
Contact: Rob Barnard, Deputy Chief, Rail Development Peninsula Corridor Joint Powers Board (JPB)
1250 San Carlos Ave, P.O. Box 3006
San Carlos, CA 94070
[email protected], (650)508-7783
Project Description and Scope of Work:
The overall Project will construct a two-track elevated rail alignment grade separating the existing at-grade crossings at 25th Avenue in San Mateo, California. The elevated rail alignment will require the relocation of the existing Hillsdale Caltrain Station northward to a location between 28th and 31st Avenues. The elevated rail alignment also creates an opportunity to make new street connections between El Camino Real and Delaware Street at 28th and 31st Avenues.
While the overall Project consists of creating a two-track elevated alignment, it will be designed so that four (4) tracks could be incorporated in the future if the section is selected for construction of passing tracks.
The Project has completed the preliminary engineering/environmental and final design phases, which include the layout of the relocated Hillsdale Caltrain Station.
The Second and Third Amendments to the MOU included work involving the acquisition of property and utility relocation and associated costs. Since 2017, there have been significant unforeseen circumstances during the construction and ROW phases which have delayed the Project and increased costs. For instance, the work has been delayed due to utility relocations, additional utility connections, removal of contaminated soil, differing site conditions, and modifications to the design and eventual construction of a set-out track. Additionally, higher than anticipated costs associated with these unforeseen circumstances and additional
San Mateo County Transportation Authority/ City of San Mateo / Peninsula Corridor Joint Powers Board Fourth Amendment to 25th Avenue Grade Separation Memorandum of Understanding
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administrative, materials, and labor escalation costs due to the overall delay in completion of the Project have increased Project costs from $180 million to $205.9 million.
Work to be completed under this Fourth Amendment to the MOU includes installation of parking lot stops as part of the JPB Mini High Project and include the design and construction of the San Mateo Parking Track sub-project.
Project Schedule:
Begin End _
Pre-Project Planning Completed
PE/Environmental Completed
PS&E Completed
Right-of-Way Completed
Construction
Grade Sep 12/01/2017 12/31/2024
Parking Track 12/01/2017 08/31/2025
Scope of Work Budget/Funding Tables
Primary 25th Avenue Grade Separation Project Funding Table
TA Responsibility Sponsor Responsibility
Total
(in $M)
Phase Measure A
Funding (in $M) %
Sponsor
Local Funds
(in $M)
% CHSRA
(in $M) %
Caltrans
Section 190
(in $M)
%
PE/ENV1 $3.70 78.72% $1.00 21.28% $4.70
PSE/ROW $5.00 50.00% $5.00 50.00% $10.00
ROW/Construction2, $87.60 46.76% $5.75 3.07% $84 44.84% $10 5.34% $187.35 Total $96.30 47.66% $11.75 5.82% $84 41.57% $10 4.95% $202.05
Secondary San Mateo Parking Track Project Funding Table
TA Responsibility Sponsor Responsibility JPB Responsibility Total Phase
Measure A
Funding %
Sponsor
Local Funds %
JPB & Other
Grants %
(in $M)
(in $M) (in $M) (in $M)
PSE & CON $1.50 14.82% $2.35 23.22% $6.27 61.96% $10.12 Total $1.50 14.82% $2.35 23.22% $6.27 61.96% $10.12
Footnotes
1) $200,000 of the Sponsor's $1 million match from the PE/ENV phase was from in -kind staff support.
San Mateo County Transportation Authority/ City of San Mateo / Peninsula Corridor Joint Powers Board Fourth Amendment to 25th Avenue Grade Separation Memorandum of Understanding
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2) Sponsor costs for in-kind staff support during the ROW/Construction phase, as further described in the Sponsor Responsibilities, are anticipated to be $225,000 and may be subject to change during the course of the Project upon mutual agreement by the Parties' authorized representatives. These costs will be paid first from: 1) A balance of $94,066 of Sponsor in-kind staff support capacity carried over from the PE/ENV and PS&E/ROW phases, and then 2) $130,934 from the contributions of other fund sources list ed in the Table above under "Sponsor Responsibility."
3) It should be noted that the City contributed an additional $2.1M to the construction of the Parking Track in the 3rd Amendment. $100,000 of that contribution is for in-kind staff support to complete the Parking Track. The difference between the $2.35M and $2.1M in local funds is from previously paid cost as part of the 25th Avenue Grade Separation project that was for Parking Track-related scope.
Measure A Project Cash Flow Projection
The cash flow projection is provided for informational purposes only and includes projections for both Sponsor and JPB activities. Total costs listed for right of way and construction are best estimates and may be subject to change within the overall total amount of Measure A funds allocated for the Scope of Work.
1st Quarter
(Jul 1-Sept 30)
2nd Quarter
(Oct 1-Dec 31)
3rd Quarter
(Jan 1-Mar 31)
4th Quarter
(Apr 1-Jun 30)
1st Quarter
(Jul 1-Sept 30)
2nd Quarter
(Oct 1-Dec 31)
3rd Quarter
(Jan 1-Mar 31)
4th Quarter
(Apr 1-Jun 30)
$10,800,000 $10,800,000 $10,000,000 $3,000,000 $13,000,000 $0 $0
$0 $0
$0 $0 $0 $10,800,000 $10,800,000 $10,000,000 $3,000,000 $0 $0 $13,000,000 $0 $0 $0 $10,800,000 $20,800,000 $23,800,000 $23,800,000 $23,800,000 1st Quarter
(Jul 1-Sept 30)
2nd Quarter
(Oct 1-Dec 31)
3rd Quarter
(Jan 1-Mar 31)
4th Quarter
(Apr 1-Jun 30)
$0 $0 $23,800,000
$0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $23,800,000
Subtotal
FY23 FY21
Total
Total
Cumulative to Date
Phase/Activity
(e.g. Planning, PSE,
Construction)
FY23
Subtotal
FY22
ROW/Construction
Phase/Activity
(e.g. Planning, PSE,
Construction)
FY21 Subtotal
FY21
FY22
Project
Total FY22 FY23 Subtotal for
FY21-FY23
Operating Responsibility: JPB
Maintenance Responsibility: JPB
Project Implementation Responsibility: JPB
Project Oversight Responsibility: JPB