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HomeMy WebLinkAbout1990-02-20; City Council; 10498; Agreement For Construction Of Transit CenterCIT-OF CARLSBAD - AGEND hLL !b” ’ ./ 46# i< &?f TITLE: \IITG. 2120iW AGREEMENT FOR THE CONSTRUCTION OF THE CARLSBAD TRANSIT CENTER DEPT.PLN RECOMMENDED ACTION: Adopt Resolution No. yfl-36 APPROVING an agreement for Construction and Operation of the Carlsbad Transit Center and authorizing the Mayor to sign the agreement. ITEM EXPLANATION On September 12, 1989, the City Council approved the recommendations of the Oceanside-San Diego Commuter Rail Study which recommended two locations for commuter rail stops in Carlsbad. One of the station stops will be part of a North County Transit District (NCTD) transit center at Grand Avenue and Washington Street. NCTD is now ready to go forward with the construction of the transit center. In order to start, it is necessary to approve an agreement between the City, the County and NCTD for the financing, construction, maintenance and operation of the Center. The City's obligations under the agreement are contained on page 3 of the agreement. NCTD and the County will be entirely responsible for funding the construction, maintenance and operation of the center. As previously requested by the City, the agreement has been modified to have the County responsible for all condemnation or relocation matters should those become necessary. This is covered on page 2 of the agreement. Staff recommends that the City Council approve the agreement and authorize the Mayor to execute it. FISCAL IMPACT Except for Council and staff time involved in working as part of the project team, no City funding is required. EXHIBITS 1) City Council Resolution No. s approving an Agreement for construction and operation of the Carlsbad Transit Center. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ALETHA L. RA 27 (SEAL) 28 RESOLUTION NO. 90-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR THE CONSTRUCTION OF THE CARLSBAD TRANSIT CENTER. WHEREAS, the City Council, at their meeting on September 12, 1989, approved the recommendations of the Oceanside-San Diego Commuter Rail Study; and WHEREAS, it is necessary to execute an agreement for construction and operation of the Carlsbad Transit Center; NOT THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council authorizes the Mayor to execute the Agreement, attached hereto, for the Construction of the Carlsbad Transit Center. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, held on the 20th day of February , 1990, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, and Mamaux II NOES: Council Member Larson CLAUDE A. LEWIS, Mayor II ATTEST: AGREEMENT FOR THE CONSTRUCTION OF THE CARLSBAD TRANSIT CENTER THIS AGREEMENT IS HEREBY made and entered into this 919 , by and between: 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 as "CITY"; 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 "NSDCTDB". WITNESSETH WHEREAS, under Section 99400.5 of the California Public Utilities Code, the COUNTY has authority to finance the construction and maintenance of multimodal 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 -2- 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, of the PROJECT; and construction, maintenance and operation 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- demnations 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. 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 acquisistion, construction liaison. 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 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 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. 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. 6. That the PROJECT shall be owned by the NSDCTDB. SECTION 4 NSDCTDB 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 liaison 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. To bear all costs incurred by the COMMISSION in carrying out 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> That upon completion of the PROJECT and acceptance of the construction zork by the COUNTY, CITY, COMMISSION and NSDCTDB NSDCTDB shall assume ownership of the PROJECT and shall be responsibli 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 implementation. 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. ’ . 3. That agencies' appointees or their alternates will attend scheduled project management meet regularly ings. The object of these meet be to approve PROJECT procedures ings will 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. -5- 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 obligations 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 ommission 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 liabilities and any cost and expense, including reasonable attorney's fees, incurred by CITY, COMMISSION or NSDCTDB on account of any claim therefore, . . . * . . ’ -6- 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- ing addresses: COUNTY: Director, Department of Public Works, County of San Diego 5555 Overland Avenue, Building 2 (MS 0332) San Diego, CA 92123 COMMISSION: NCTDB: Director, Planning Department City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009 Chairman, Carlsbad Redeve lopment Comm City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Executive Director North County Transit District 311 South Tremont Street Oceanside, CA 92054 CITY: ission ! - h s . L - I #. ; I I ! . . _ kJ -7- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be ex- ecuted as of the day first befdwritten. ATTEST ATTEST BY: I DATE: dk?J 1% DATE: NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD BY: Chairman of the Board ATTEST BY: DATE: COUNTY OF SAN OIEGO BY: Clerk, Board of Supervisors APPROVED AS TO FORM AND LEGALITY BY: County Counsel