Loading...
HomeMy WebLinkAbout1993-11-02; City Council; 12451; APPROVAL OF AGREEMENT WITH NCTD REGARDING BATAQUITOS LAGOON ENHANCEMENT PROJECT- AB ' m TITLE: MTG. 11/2/93 REGARDING BATIQUITOS LAGOON DEPT. CD ENHANCEMENT PROJECT APPROVAL OF AGREEMENT WITH NCTD \ DEPT CITY CITY Z e a G $ Z 3 0 0 LR cil)Y OF CARLSBAD - AGWA BILL /' (67& RECOMMENDED ACTION: Adopt Resolution No. #-~$99 APPROVING an agreement with the North S County Transit Development Board regarding work on NCTD facilities with right-of-way required for the Batiquitos Lagoon Enhancement Project. ITEM EXPLANATION Enclosed for the City Council's review and approval is an agreement with the h Diego County Transit Development Board regarding work on NCTD facilitic NCTD right-of-way required for the Batiquitos Lagoon Enhancement Proje agreement provides: 1. NCTD shall review and comment upon the Batiquitos project pl construction documents as they pertain to NCTD facilities, specific NCTD railway bridge crossing Batiquitos Lagoon. NCTD shall furnish the City with a written summary report of its review which the City, through its project design consultants Moffatt an Engineers, shall incorporate into the final construction documents Batiquitos project. NCTD shall retain consulting bridge and structural engineers to review th plans on behalf of NCTD. The City shall reimburse NCTD up to, but not to exceed, the sum of $2C for all consulting and NCTD staff costs associated with this review. NCTD shall grant to the City the right to extend the discharge and transi booster pumps, and related equipment required of the lagoon dredging a disposal operations, within NCTD railway right-of-way to assist with f; the construction of the Batiquitos project. NCTD shall inspect ! installation and shall be reimbursed for its costs associated with this ir effort. 2. 3. 4. 5. This agreement was reviewed and approved by the Port of Los Angeles pr execution by the NCTD Board on October 14, 1993. The provisions of the a! are essential components of the overall Batiquitos project. Staff recommends of this agreement. 0 e Page Two of Agenda Bill No. /q, e/ FISCAL IMPACT The total cost of reimbursement to NCTD to perform the work identified wit agreement is up to, but not to exceed, $20,000.00 as stated in paragraph E agreement. The cost of future NCTD inspection services during the installatio discharge and transfer pipes, as stated in paragraph 8 of the agreement, estimated by NCTD with the City reimbursement being included in the agreement to be prepared by NCTD after review and analysis of the Batiquitos plans. At this time, NCTD inspection costs are anticipated to be minimal forth All City of Carlsbad costs associated with the Batiquitos Lagoon Enhancement including all work associated with this and future agreements with NCTD, i reimbursable from the Port of Los Angeles to the City under the terms of the reimbursement agreement with the Port. EXHIBITS 1. Resolution No. -99 approving an agreement with NCTD regardii associated with the Batiquitos Lagoon Enhancement Project. 2. City of Carlsbad and North San Diego County Transit Developmer agreement. c h 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 X 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 93-299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAR CALIFORNIA, APPROVING AN AGREEMENT WITH NCTD REGARDING BATIQUITOS LAGOON ENHANCEMENT PROJECT WHEREAS, the City Council of the City of Carlsbad, California, has pr entered into agreements with the City of Los Angeles, acting by and through i of Harbor Commissioners, regarding the Batiquitos Lagoon Enhancement Pro WHEREAS, said project shall affect facilities within right-of-way on operated by the North San Diego County Transit Development Board, he referred to as "NCTD"; and WHEREAS, City and NCTD desire to enter an agreement for the re analysis of construction plans for said project and effects, if any, upon facilitic and operated by NCTD; and WHEREAS, said City-NCTD agreement has been prepared and presented; and WHEREAS, the NCTD Board did previously approve said agreement o 14, 1993; and WHEREAS, the City Council of the City of Carlsbad, California, here necessary, desirable, and in the public interest to approve said agreement V\I NOW, THEREFORE,BE IT RESOLVED by the City Council of the City ol California, as follows: 1. 2. That the above recitations are true and correct. That an agreement between the City of Carlsbad and NCTC work associated with the aforementioned project is hereby approved and the City Clerk are hereby authorized and directed to execute said agreement. Fa 1 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 27 28 e 0 Mayor’s signature of said agreement, the City Clerk is further authorized and to forward one (1) copy of this resolution and the agreement to NCTD, attent W. Price, Director of Service Development, at 31 1 South Tremont Street, O( California, 92054, and the Community Development Department. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carl Council held on the 2nd day of NOVEMBER , 1993, by the follov to wit: AYES: NOES: None ABSENT: Council Member Council Members Lewis, Stanton, Nygaard, Finnila ATTEST: ALETMA L. RAUTEN (SEAL) 2. e 0 MEMORANDUM OF UNDERSTANDING BETWEEN AND CITY OF CARLSBAD 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 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 WHEREAS, in order to satisfy itself that these 0 e 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. PORT shall participate in any such meetings. NOW, THEREFORE, in consideration of these recitals and 1. BOARD shall review, or cause to be reviewed, CITY'S CITY and/or 3. Within ninety (90) calendar days of final approval 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 identifled 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 5. CITY shall provide BOARD a sufficient number of e m 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. 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 below their signatures 8. If required, the CITY and BOARD will evaluate this NORTH SAN DIEGO COUNTY TRANS DEVELOPM T 0 RD / CAR BA 'y By: ,/[ '7 & *, (I / dA By //h*j ,L;- L s\c TYJtqj- -,/ *--' i /o By : City dULG-?.* Clerk P u e A. L wig, a or - warc Col bert, Chai rrnan ATTEST : ATTEST: By: L!4lAq?A. Prn LO Id- Clerk OF the Board c175fIL 4? "Batiquitos Lagoon Enhancement Project, Preliminary Studies, Summary Report, the City of Carlsbad and the Port of Los Angeles, November 21, 1990.