HomeMy WebLinkAbout1998-06-23; City Council; Resolution 98-2004
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0 0 EXHIBIT 2
RESOLUTION NO. 98-200
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE CITY CLERK TO ADVERTISE
FOR BIDS FOR CONSTRUCTION OF PALOMAR AIRPORT ROAD
WEST, PROJECT NO. 3286, AND APPROVING AN AGREEMENT
WITH THE COUNTY OF SAN DIEGO FOR REIMBURSEMENT OF
THE COSTS FOR THE ACCESS ROAD.
WHEREAS, the City Council of the City of Carlsbad has reviewed, analyzed anc
considered the Mitigated Negative Declaration EIA 91-14 for this project that was issued or
8 December 5, 1991 ; and
9 WHEREAS, based on the EIA Part II, comments thereon, and that there have not been
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including the modifications to the County access road which are within the study area and scope I’
Negative Declaration that would require subsequent or supplemental environmental review I’
any changes to the project, the site or to the circumstances considered in the original Mitigated
evidence that the project will have a significant effect on the environment; and -14
of the original environmental approval, the City Council finds that there is no substantial
15 WHEREAS, the City Council does hereby find that the project is in prior compliance witt
l6 Negative Declaration EIA 91-14; and
17 WHEREAS, the City Council finds that the Negative Declaration EIA 91-14 which wa:
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Carlsbad; and 19
prepared and published reflects the independent judgment of the City Council of the City o
WHEREAS, the City Council of the City of Carlsbad has previously appropriated funds fo
21 this project; and
WHEREAS, plans and specifications for the construction of Palomar Airport Road Wesl
Project No. 3286, have been prepared and are on file in the Engineering Department of the Ci?
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23 11 of Carlsbad and are incorporated by reference herein; and
WHEREAS, the City has on deposit County of San Diego funds in the amount c
$1,830,080 and that sufficient additional funds are currently available to complete this project.
WHEREAS, the County of San Diego has agreed to reimburse the City for the cost of thl
access road to the Animal Shelter including the cost of construction and inspection therec
estimated at $91,000;
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1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
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California, as follows:
1. That the above recitations are true and correct.
2. That plans and specifications as presented are hereby approved.
3. That the City Clerk of the City of Carlsbad is hereby authorized and directed tc
proceed to publish, in accordance with law, Notice to Contractors inviting bids for the constructior
of the widening of Palomar Airport Road West, Project 3286, in accordance with the plans anc
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7 11 specifications hereinabove referred to.
8 4. That the reimbursement agreement with the County of San Diego for the
9 construction of the access road to the Animal Shelter, included in the plans and specification:
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hereinabove referred to as Project No. 3286, as described in the attached agreement is hereb)
agreement. 12
approved and the Mayor and City Clerk are hereby authorized and directed to execute saic
13 5. Following the Mayor's signature of the agreement, the City Clerk is furthe
authorized and directed to forward copies of said agreement to Timothy A. Walsh, Assistan
Deputy Director - Aviation, County of San Diego, Department of Public Works, 5555 Overlanc
Ave., San Diego, CA 92123-1295, and to the Engineering Department Planning and Desigl
Section for their files.
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18 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Counci
held on the 23rd day of June 19 , 1998 by the following vote, to wit:
II AYES: Council Members Lewis, Finnila, Nygaard and Hall
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NOES: None
ABSENT: Council Member Kulchin 21
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24 CLAUDE A. LEWIS, Mayof""
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ATTEST: 26
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& 'Q" &-A ..in"
ALETHA L. RAUTENKRANZ, City Clerk (SEAL)
e 0 Exhibit 3
REIMBURSEMENT AGREEMENT FOR
CONSTRUCTION AND INSPECTION OF ACCESS ROAD TO ANIMAL FACILITY
INCLUDED IN THE PLANS AND SPECIFICATIONS FOR
PALOMAR AIRPORT ROAD IMPROVEMENTS
PROJECT NO. 3286
THIS AGREEMENT is made and entered into as of the 24 day of June , 1998,
by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "CITY"
and the COUNTY OF SAN DIEGO, a municipal corporation, hereinafter referred to as "COUNTY", in
view of the following purposes:
A. CITY enters into this agreement with COUNTY for the reimbursement of the
construction and inspection costs by the CITY for the access road to the County Animal Control
Facility as shown on the plans and specifications prepared by P & DICTE. These plans are titled
"Plans for the Improvement of Palomar Airport Road from 556 feet West of Yarrow Drive to 622 feet
West of El Camino Real" consisting of 29 sheets.
B. The access road to the County Animal Control Facility was designed by P & DICTE
according to County requirements and will be constructed on County property.
IT IS, THEREFORE, AGREED:
1. CITY agrees to enter into a separate agreement with a construction contractor to
accomplish construction of the access road to the County Animal Control Facility pursuant to the plans
and specifications which COUNTY has previously approved.
2. COUNTY agrees to reimburse CITY for costs associated with COUNTY work which is
presently estimated at $81,836 for construction and $9,164 for inspection/testing. The amount for
construction wifl be updated after construction bids are received and again after construction is
complete.
3. COUNTY will deposit $91,000, adjusted after bids and construction is complete, with
CITY within thirty (30) days of notice from CITY to do so. If the actual construction cost plus
inspection exceeds $1 15,000, the County may terminate this agreement and the City may delete this
work from the contract.
4. COUNTY will have the right to audit costs paid by CITY for these construction and
inspection services.
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* 0 0 Exhibit 3
5. This agreement shall inure to the benefit of, and the obligations created hereby shall
be binding upon, the successors and assigns of the parties hereto.
6. The invalidity or illegality of any provision of his agreement shall not be deemed to
affect the validity or legality of any other provision of the agreement.
7. This agreement and any amendments hereto shall be governed by and construed
and enforced in accordance with the laws of the State of California.
8. This agreement sets forth the entire agreement and understanding of the parties with
respect to the transactions contemplated hereby, and supersedes all prior agreements. arrangements,
and understandings relating to the subject matter hereof.
9. This agreement may be amended, modified, superseded or canceled, and any of the
terms, covenants or conditions hereof may be waived, only by a written instrument executed by the
parties hereto or in case of a waiver, by the party waiving compliance.
10. This agreement does not amend, modify, supersede or replace the previous
Memorandum of Agreement for funding and construction of street improvements on El Camino Real
and Palomar Airport Road, dated August 22, 1989 between the CITY and COUNTY for the
reimbursement of costs paid by the CITY for the improvements to Palomar Airport Road as shown on
the plans stated in paragraph A, subsection (1) above, nor the "Reimbursement Agreement for the
engineering design services for Palomar Airport Road Improvements, Project No. 3286" dated
December 16,1997.
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t e 0 Exhibit 3
11. CITY will hold the COUNTY harmless from any liability of any kind resulting from the
work to be performed pursuant to this Reimbursement Agreement and shall pay all costs of defense of
any claims or lawsuits, including reasonable attorney’s fees, arising from the work.
COUNTY OF SAN DIEGO, a municipal
corporation of the State of California
By:
Typed Name:
Tile: Mavor Title:
A3TEST: ,,/-I
Aletha L. Rautenkranz, City
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