HomeMy WebLinkAboutNorth County Transit/County, San Diego; 1990-02-22;V7ITE IT - DON’T
Date Feb. 22 1
To File B Reply Wanted
From Karen UNO Reply Necessary
RE: AGREEMENT FOR CONSTRUCTION OF CARLSBAD TRANSIT CENTER
Three (3) signed original agreements were transmitted to NCTD this date
by Council Member Kulchin, per the request of Sheila at NCTD.
wanted the signed documents for their meeting this afternoon.
They
K.
AIGNER FORM NO. 55-032 PRINT
J a e
FIRST AMENDMENT TO AGREEMENT BETWEEN COUNTY OF SAN DIEGO,
CITY OF CARLSBAD, CARLSBAD REDEVELOPMENT COMMISSION AND
NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD FOR
CONSTRUCTION OF THE CARLSBAD TRANSIT CENTER
This First Amendment to the Agreement for the Construction of th Carlsbad Transit Center (County Contract No. 28696-A) is made an
entered into this 13th day of November , 1990, by an between:
The COUNTY OF SAN DIEGO, a political subdivision of the State
California, hereinafter referred to as I1COUNTYg1;
The CITY OF CARLSBAD, a municipal corporation of the State o
California, hereinafter referred to as llCITY1l;
The CARLSBAD REDEVELOPMENT COMMISSION, hereinafter referred to a
The NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD,
llCOMMISSION1i ; and
hereinafter referred to as llNSDCTDB1*.
WITNESSETH:
WHEREAS, the above parties entered into an Agreement (Count
Contract No. 28696-A) for construction of the Carlsbad Transi
Center on March 13, 1990; and
WHEREAS, the above parties now desire to amend the Agreement t specify additional funding responsibilities;
NOW THEREFORE, it is mutually agreed that County Contract No 28696-A is hereby amended as follows:
1. "SECTION 4 NSDCTDB AGREES" SUBSECTION 7 IS HEREBY AMENDED T
READ :
7. To contribute to the County a maximum of $2,000,000 fo all relocation assistance service, design and construction cost for the PROJECT, excluding $100,000 of County's design costs NSDCTDB shall reimburse the necessary funds to the County withi
30 days of request by the County.
2. "SECTION 4 NSDCTDB AGREES" SUBSECTION 8 IS HEREBY AMENDED T
READ :
8. To provide for all right-of-way costs with funds othe than those provided under Section 4 (7).
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IN WITNESS WHEREOF, the parties hereto have caused this Agreemen
OMMI S S ION
ATTEST
BY:
C
DATE : Id-kLI -98 DATE: 1% __ 3 -. q ,.qa
NORTH SAN DIEGO COUNTY
COUNTY OF SAN DIEGO
BY: && /$ MLW-
the Board Clerk, Board of Supervisors
APPROVED AS TO FQRM AND LEGALITY %&Ad d&/A
hS%ty Counsel
DATE : ///&-I 7- 90 DATE : f(- 1- ?C!
Approved and/or authorired by the kw-6
JI Superrism of the bunt? of San Dkqq
NOVEMBER 13, 1990 (14)
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Clr4 of th: Ry- r: \:i#pe;;.lu;rj
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PRGE, (
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6-30-92 1 : B7PM ; 6199670941 7a10e RCU' BY: XERDX ~ELECOP I ER i JIJN 38 '921, 14:88 FROM NCTD
i
Page: -1, of -3.
DATE: June 30,1992
To: KAREN SAUEX FAX: 7'2@2037
City of Carlsbad
FROM Carol Corcoma Secretary, Rail Division
Carlsbad Transit Center Signature Page RE:
Karen, ' '
Following is the signature page for the agreement as well as our agenda item whmeh NCTI mtified the contsact.
If you need anythmg eke, Jet me how,
7 (CLICK 0 PQGE .I
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- JIJN 30 '92 14:09 Ft?&CTD
WORTH COUNTY TRANSlY DISTRICT
NORTH SAN QtECi8 COUNTY TRANSIT DEVELOPMENT BO
AGENDA ITEM 5
February 22, 1990
North San Diego Cdunty Transtt Development Board Members TO:
FROM: Executive Director
SUBJECT: CARLSBAD STATION AGREEM€KI AND APPOINTMENT OF BOARD MEMBER TO SERVE AS THE BOARD'S REPRESENTATIVE
STAFF'S RECOMMENIIED ACTION: That the Board ratify the Carlsbad Tran; Center Agreement and appoint one of its members to the Camittee.
6 AC KGROUN D- DATA :
As a part of our rajl and bus station development, the Board, City and Cou are being asked to agree to an agreement delineathtg roles and respansfbff
of each agency. Thfs agreement, for the Carlsbad facflity, ts before the Board for .its approval, The Board is also belng asked to appol'nt one of its members as the 8ahrd's representative as called for in the agreement.
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Attachments
YHbt. k
* FRowCTD -f* 0' JON 30 '92 14:08
XI4 WITHES$ WEREOF, the parties hamto have catasd thlo Wgremnt to be ex- ecuted as of the day first bttfote wrltton.
CITY OF CBRtSWD
BY : BY:
AlTEST AlTLST
BY : 'BY:
DATE : QATE: -.
APPROVED AS TO FOW AND lE6ALITV
BY:
CARLSEMI REDEVELOPMENT C
Rwor Chatman
City Clerk Secretary
Cfty Attorney 1
NORTH SAW DSEW ca TRAMS El DNROWEN
BY BY:
COUNTY OF SAly DIE60
Clerk, Board of Supervfsors
, ATTEST
APPROVED AS TO FORPf AND LEMLIIY
BY: -.~ County CounsctT
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_-
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e caused this Agreement to be ex-
CITY OF CARLSBAD
BY: 8Y:
ATTEST . ATTEST
CARLSBAD REDEVELOPMENT COMMISSION
Mayor Chairman
ay : J BY: .
City Clerk Secretary
DATE: DATE: -.--am- 4&hu af-ofmhmbotSaD/ICD APPROVED AS TO FORM AND LEGALITY
a+H*
..
+/2z fJfiqL BY: City Attorney
NORTH SAN DIEGO COUNTY
TRANS IT OEYELOPMENT BOARD
Clerk of the hrd of Su-
COUNTY DF SAN DIEGO
I.
BY: . BY: &&LywA,& Chairman of the Board Clerk,?oard of Supervisors
ATTEST
BY: APPROVED AS TO FO
DATE: BY:
A
County Counsel +&-So
82 0 po _-. P- /
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MAR 13 1990 19
December 28, 1990
North San Diego County Transit Development Board
311 S. Tremont St.
Oceanside, CA 92054
Attn: Executive Director
AMENDMENT TO AGREEMENT FOR CONSTRUCTION OF CARLSBAD TRANSIT CENTEI:
The Carlsbad City Council and Carlsbad Housing and Redevelopment Commission, at theii
meetings of December 18, 1990, approved the First Amendment to the Agreement fo:
Construction of the Carlsbad Transit Center.
Enclosed for your records is a fully executed original First Amendment to Agreement. As(
enclosed is a copy of City Council Resolution No. 90-450 and Housing and Redevelopmen
Commission Resolution No. 181 which approved the Amendment.
Y2& Assistant City Clerk
Encs.
c: Community Development
Redevelopment
______ _... ___-
1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434-280
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AGREEMENT FOR THE CONSTRUCTION OF THE CARLSBAD TRANSIT CENTER
THIS AGREEMENT IS HEREBY made and entered into this day of
THE COUNTY OF SAN DIEGO, a politi- cal subdivision of the State of California, hereinafter referred to as "COUNTY"; and
THE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to a s 'I C I TY 'I ;
THE CARLSBAD REDEVELOPMENT COMMISSION, hereinafter referred to as "COMMISSION" ; and
THE NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD, a statutorily created transportation board, hereinafter referred to as
'I N S DCTD B It .
7 19 9 by and between:
WITNESSETH
WHEREAS, under Section 99400.5 of the California Public Utilities Code, the COUNTY has authority to finance the construction and maintenance
of mu1 timodal transportation terminals anywhere within the boundaries of San Diego County; and
WHEREAS, on March 2, 1982, the COUNTY'S Board of Supervisors approved an Agreement with NSDCTDB to study the feasibility of constructing five transit centers to be located throughout the County of San Diego, including a transit center to be located in the City of Carlsbad; and
WHEREAS, the study concluded that it is necessary and feasible to con- struct a transit center in the area of Grand and Washington in the City of Carlsbad, hereinafter referred to as "PROJECT"; and
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WHEREAS, the COUNTY has need of and desires to reach an Agreement with NSDCTDB, CITY and COMMISSION in carrying out the responsibilities of the parties hereto for the financing, construction, maintenance and operation
of the PROJECT; and
WHEREAS, the PROJECT is included for design and construction in the COUNTY’S FY 1988/89-FY 1993/94 Regional Transportation Improvement Program and in the NSDCTDB’s FY 1986-90 Short Range Transit Plan.
NOW, THEREFORE, in consideration of the convenants and conditions con- tained herein, the parties hereto agree as follows:
SECTION 1
COUNTY AGREES :
1. To provide project management by appointment of a County Supervisor to represent the COUNTY and act as officiating member on the Project Management Team.
2. To provide a Project Manager who reports to the Project Management Team and to provide other staff support to insure the continued cooperative and comprehensive coordination for the implementation of the PROJECT. Staff support shall include, but is not limited to, securing consultant services, preparation of environmental and other documents, facility design, right-of-way acquisition, management of construction, and liaison with other agencies.
3. To provide a maximum of $100,000.00 in Transportation Development Act (TDA) fund support toward PROJECT development costs. Said contribution may be increased at the discretion of the COUNTY.
4. To be responsible for all preliminary engineering, design and con- struction of the PROJECT, including construction management and inspection. The necessary work shall be performed in accordance with NSDCTDB, CITY, COMMISSION and COUNTY standards. All contracts and/or subcontracts let in connection with the PROJECT shall be in accordance with UMTA third-party contracting guidelines.
5. To act as the lead agency during the right-of-way acquisition phase of the PROJECT. This would include initiation and administration through the Project Management Team and condemnation proceeding in the event any con- demnat i ons are required.
6. To furnish NSDCTDB, COMMISSION and CITY conceptual design, preliminary plans and specifications for their review and comment. The COUNTY shall, in good faith, respond to all comments by the parties hereto. The final drawings shall be approved or disapproved by NSDCTDB, COMMISSION and CITY within thirty (30) days of submittal by the COUNTY.
7. That property acquired or built with assistance from Urban Mass Transportation Administration (UMTA) shall be managed in accordance with UMTA Circular 5010.1.
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8. That the Director, COUNTY Department of Public Works, shall be the contract administrator for the COUNTY in all matters pertaining to this
Agreement and is hereby authorized to make administrative decisions neces- sary to carry out the full intent of this Agreement.
9. That the project shall be owned by the NSDCTDB.
SECTION 2
CITY AGREES:
1. To provide project mangement by appointment of a City Council member
to represent the CITY on the Project Management Team.
2. To submit all PROJECT input through the Management Team and the Project Manager to insure continued, cooperative and comprehensive coor-
dination during the implementation of the PROJECT.
3. To provide necessary staff support as may be required by the Project Manager during preparation of environmental documents, facility design, right-of-way acqui si stion, construction 1 i ai son.
4. To allow the COUNTY to act within the CITY’S jurisdiction according to Section 99400.5 of the Public Utilities Code in implementing the PROJECT within the City of Carlsbad.
5. To the extent permitted by law, to waive all development, license,
review and inspection fees arising from the PROJECT.
6. That the PROJECT shall be owned by the NSDCTDB.
SECTION 3
COMMISSION AGREES:
1. To provide project management by, as a whole, serving on the Project Man agemen t Team.
2. To submit all PROJECT input through the Management Team and the
Project Manager to insure continued, cooperat i ve and comprehensive coor- dination during implementation of the PROJECT.
3. To provide necessary staff support as may be required by the Project Manager during the preparation of environmental documents, facility design, right-of-way acquisition, construction and liaison for the PROJECT.
4. To the extent permitted by law, to waive all development, license, review and inspection fees arising from the PROJECT.
5. To allow the COUNTY to act within the COMMISSION’S jurisdiction ac- cording to Section 99400.5 of the Public Utilities Code in implementing the PROJECT within the City of Carlsbad.
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6. That the PROJECT shall be owned by the NSDCTDB.
SECTION 4
NSOCTDB AGREES:
1. To provide management by appointment of a Board member to represent NSDCTDB on the Project Management Team.
2. To submit all PROJECT input through the Mangement Team and the Project Manager to insure continued, cooperative and comprehensive coordination during implementation of the PROJECT.
3. To allow the COUNTY to act within the NCTDB's jurisdiction according to Section 99400.5 of the Public Utilities Code in implementing the PROJECT within the City of Carlsbad.
4, To provide necessary staff support as may be required by the Project Manager during the preparation of environmental documents, facility design, right-of-way acquisition, construction and 1 iaison for the PROJECT.
5. To act as lead agency according to Section 21067 of the Public Resources Code which defines the lead agency as "the public agency which has principal responsibility for carrying out or approving a project which may have a significant effect upon the environment," during the preparation of an approved environmental document.
6. Section 3, No. 3, of this Agreement.
7. To pay all right-of-way and construction costs for the PROJECT, in- cluding costs incurred by the other parties to this Agreement, excluding COUNTY'S design costs.
8. To provide a maximum of $1,000,000.00 toward funding the PROJECT. Said contribution may be increased at the discretion of the NSDCTDB,
9. That upon completion of the PROJECT and acceptance of the construction work by the COUNTY, CITY, COMMISSION and NSDCTDB, NSDCTDB shall assume ownership of the PROJECT and shall be responsible for the maintenance and operation of the PROJECT.
SECTION 5
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED:
1. That overall project management will be the responsibility of the COUNTY for PROJECT imp1 ementation.
2. That project management will be accomplished with a Project Management Team which shall consist of the entire COMMISSION and one representative each from the COUNTY, CITY and NCTDB.
To bear all costs incurred by the COMMISSION in carrying out
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3. That agencies’ appointees or their alternates will attend regularly scheduled project management meetings. The object of these meetings will be to approve PROJECT procedures as well as decide on courses of action as the PROJECT Progresses. This will entail the identification and agreement on staff support for the Project Manager during the preparation of environ- mental documents, facility design, right-of-way acquisition, preliminary operation and other aspects as necessary for PROJECT completion.
4. That the Project Manager will supervise and manage the day-to-day preparation of all work associated with the implementation of the PROJECT.
5. That this Agreement can be modified, altered or revised with the writ- ten consent of the parties.
6. This Agreement shall terminate upon completion of the PROJECT and ap- proval of the PROJECT by the parties hereto. However, the ownership and indemnification clauses shall remain in effect until mutually agreed upon in writing by the parties.
7. (a) The COUNTY, it agents, officers and employees shall not be held liable for any claims, liabilities, penalties, fines or for damage to any goods, properties or effects of any person whatsoever, nor for personal in- juries to or deaths of them, or any of them, caused by or resulting from any acts or omissions of CITY, COMMISSION or NSDCTDB, their agents, employees or representatives; CITY, COMMISSION and NSDCTDB further agree to defend, indemnify and save free and harmless COUNTY and its authorized agents, officers and employees against any of the foregoing liabilities and any cost and expense, including reasonable attorney’s fees, incurred by the COUNTY on account of any claim therefore, including improvement services done or provided by the CITY, COMMISSION or NSDCTDB pursuant to this Agreement; and in the event that a court of competent jurisdiction should determine CITY, COMMISSION or NSDCTDB has no authority to provide by Agreement the performance of the hereinabove set services, CITY, COMMISSION and NSDCTDB nevertheless agree to assume the foregoing ob1 igations and liabilities by which this is intended by the parties that CITY, COMMISSION and NSDCTDB agree to indemnify and to hold COUNTY harmless from all claims arising by work done by or any act or omission of CITY, COMMISSION or NSDCTDB or their agents, employees or representatives, in connection with or in the performance of the agreed upon services of work provided for in this Agreement.
7. (b) The CITY, COMMISSION and NSDCTDB. their agents, officers and employees shall not be held liable for any claims, liabilities, penalties, fines or for damage to any goods, properties or effects of any person what- soever, nor for personal injuries to or deaths of them, or any of them, caused by or resulting form any acts or omissions of the COUNTY, its agents, employees or representatives; COUNTY further agrees to defend, in- demnify and save free and harmless CITY, COMMISSION and NSDCTDB and their authorized agents, officers and employees against any of the foregoing 1 iabil ities and any cost and expense, including reasonable attorney’s fees, incurred by CITY, COMMISSION or NSDCTDB on account of any claim therefore,
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including improvement services done or provided by COUNTY pursuant to this Agreement; and in the event that a court of competent jurisdiction should determine that COUNTY has no authority to provide by Agreement the perfor- mance of the hereinabove set services, COUNTY nevertheless agrees to assume the foregoing obligations and liabilities by which this is intended by the parties that COUNTY agrees to indemnify and to hold the CITY, COMMISSION and NSDCTDB harmless from all claims arising by work done by or any act or ommission of COUNTY or its agents, employees or representatives, in connec- tion with or in the performance of the agreed upon services of work provided for in this Agreement.
7. (c) These indemnity provisions are not limited in any way by the ex- tent of any insurance policy currently in force and held by the parties hereto.
8. Any notice required or permitted under this Agreement may be per- sonally served on the other parties, by the party giving notice, or may be formally served by certified mail, return receipt requested, to the follow- i ng addresses:
COUNTY: Director, Department of Pub1 ic Works, County of San Diego 5555 Overland Avenue, Building 2 (MS 0332) San Diego, CA 92123
City of Carlsbad 2075 Las Palmas Carl sbad, CA 92009
Chai rman , Carl sbad Redevel opment Commi ssi on City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
NCTDB: Executive Director North County Transit District 311 South Tremont Street Oceanside, CA 92054
CITY: Director , P1 anni ng Department
COMMISSION :
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be ex-
ecuted as of the day first be written.
ATTEST
BY: & 8p e- City Clerk
DATE: 2/2j/q 0
I I
NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD COUNTY OF SAN DIEGO
BY: BY:
Chairman of the Board C1 erk, Board of Supervi sors
ATTEST
BY: APPROVED AS TO FORM AND LEGALITY
DATE: BY: County Counsel
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