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HomeMy WebLinkAboutNorth San Diego County Transit Development Board; 1993-11-05;November 5, 1993 North County Transit District 311 South Tremont Street Oceanside, CA 92054 Attention: Mr. Paul W. Price Director of Service Development Re: Memorandum of Understanding Regarding Work on NCTD Facilities - Batiquitos Lagoon Enhancement Project The Carlsbad City Council, at its meeting of November 2, 1993, adopted Resolution No. 93-299, approving a Memorandum of Understanding with the North San Diego County Transit Development Board regarding work on NCTD facilities within NCTD right-of-way required for the Batiquitos Lagoon Enhancement Project. Enclosed please find two fully executed originals of the Memorandum of Understanding and a copy of Resolution No. 93-299 for your files. bd% ALETHA L. RAUTENKRANZ, CMC City Clerk ALR: ijp Enclosures 3 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808 . 0 0 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CARLSBAD AND NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD June 24, 1993 This Memorandum of Understanding (MOU) is made and entered into by and between the CITY OF CARLSBAD (CITY), a municipal corporation, and the NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD (BOARD). The purpose of this MOU is to document the parties understanding and responsibilities for the modification of the BOARD'S Railroad Bridge 234.8 (BRIDGE) over Batiquitos Lagoon in Carlsbad, CA. RECITALS WHEREAS, CITY has previously entered into an agreement with the City of Los Angeles, California, a municipal corporation, acting by and through its Board of Harbor Commissioners of the Port of Los Angeles (PORT) to undertake the enhancement of the Batiquitos Lagoon (PROJECT), and WHEREAS, BOARD is the owner and operator of the Railroad Bridge 234.8 structure crossing Batiquitos lagoon, and PORT will effect BOARD'S bridge structure requiring certain modifications to compensate for changes affecting the structure, such as: increased water salinity around pilings, lowering of channel invert and increased water velocity, and WHEREAS, it is the intent of CITY and PORT "to insure a maintenance-free substructure, and supporting structure"* and that the remedy(ies) proposed by the CITY and PORT will be such that the BRIDGE maintenance expense will not be increased as a result of the PROJECT, and WHEREAS, in order to satisfy itself that these remedies are appropriate and will not cause an increase in future maintenance expense, the BOARD intends to engage a consultant expert in marine structure design and maintenance to advise it, and WHEREAS, the implementation of the PROJECT by CITY and 0 0 I WHEREAS, CITY requires access to BOARD's railroad right-of-way from Batiquitos Lagoon northerly to approximately Palomar Airport Road within the City of Carlsbad to facilitate the laying of certain transfer pipe, booster pump(s), and related equipment required to implement the PROJECT, the mutual covenants contained herein, CITY and BOARD do hereby agree as follows: plans, specifications, design drawings, and related support date, information, exhibits, calculations, reports, and other documents furnished by CITY to BOARD for the PROJECT. BOARD, at its sole election, may retain private consultants to assist BOARD with this review. 2. BOARD shall coordinate and attend meetings regarding the PROJECT as may be necessary to evaluate impacts and effects the PROJECT may have upon the BRIDGE and assist with the completion of its review. CITY and/or PORT shall participate in any such meetings. of this agreement, BOARD shall furnish CITY with a written summary report of its findings, questions, issues, concerns, and conclusions regarding its review of the aforementioned CITY provided documentation. Within thirty (30) days of its receipt of the above mentioned report, CITY shall provide to BOARD a written review and comment of BOARD's summary report. 4. BOARD shall prepare and submit to CITY documented billings summarizing its cost for said review. Eligible costs shall include those expended by BOARD for consultant services, BOARD staff time, and related expenses. Said billings shall be submitted to CITY in a form acceptable to CITY. copies of all materials, exhibits, reports, drawings, plans, and other documents that currently exist for said PROJECT to assist BOARD with its review. 6. CITY shall pay to BOARD up to, but not to exceed, the sum of twenty thousand dollars ($20,000) for BOARD's costs as identified in paragraph 4 above. CITY shall pay BOARD within thirty (30) calendar days of receipt and approval of BOARD's billings as identified in paragraph 4 NOW, THEREFORE, in consideration of these recitals and 1. BOARD shall review, or cause to be reviewed, CITY'S 3. Within ninety (90) calendar days of final approval 5. CITY shall provide BOARD a sufficient number of . 0 e 1 above 7. In order to facilitate the construction of said PROJECT, BOARD hereby grants permission for CITY to extend its temporary discharge pipe, booster pump(s), and related equipment, within BOARD'S railroad right-of-way from Batiquitos Lagoon to approximately Palomar Airport Road, within the City of Carlsbad. CITY shall install, or cause to be installed, this equipment and pipe which shall be removed promptly by CITY at the conclusion of the PROJECT. Plans for these temporary improvements shall be submitted to BOARD for approval by BOARD'S consulting engineers. CITY shall reimburse BOARD for its expenses in reviewing said plans and related expenses, including but not limited to: consultant fees, staff time, flaggin7 and inspection fees. Prior to commencement of construction, CITY shall execute appropriate license agreements and provide proof of insurance acceptable to BOARD. 8. If required, the CITY and BOARD will evaluate this MOU after three months to assess whether changes in scope, project administration and costs are appropriate. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized on the date written ATTEST: By: ; City C er *Batiquitos Lagoon Enhancement Project, Preliminary Studies, Summary Report, the City of Carlsbad and the Port of Los Angeles, November 21, 1990.