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HomeMy WebLinkAbout1995-04-04; City Council; 13092; Village transit station construction status reportAB# 13i09 7- TITLE: STATUS REPORT ON CONSTRUCTION ACTIVITY AT THE VILLAGE TRANSIT STATION MTG- 7- '[- ' '5 DEPT. H/RED DEP CITY CITY u $4 0 a, a & a L) a, a a, &I A & a, L) cd rl -4 L, o 5 V g * u -t g 0 u z d PJ&j %TY OF CARLSBAD - AGE P 3A BILL RECOMMENDED ACTION: ACCEPT the staff report on status of construction activity at the Village Transit ITEM EXPLANATION: On March 21, 1995, the City Council requested a report on the status of constru the Village Transit Station. Specifically, the Council requested information on ac construction of street improvements on Christiansen Way/Cedar Street, between 5 the Alley, and efforts to assist the Bauer Lumber Company during construction. The following report provides a summary of the Transit Center Project itself an of events to date as related to construction of the station and public improveme Proiect Backaround On February 22,1990, the Carlsbad City Council and Housing and Redevelopme entered into an agreement with North County Transit District (NCTD) and the Diego for construction of the Village Transit Station. Attached as Exhibit 1 is agreement. As part of this agreement, the following roles were established: NCTD is the lead agency for the project. NCTD initiated the project and as responsibility for ownership, operation and maintenance of the Village Tran County serves as the coordinator for construction activities including desigt construction management, assistance with right-of-way acquisition and reloca with all the other agencies involved in the construction. Project manz responsibility of the County. The City and Commission serve in a support role by providing City/Agency ! the project permit approval process. The City/Commission agreed to allow tt- within the City's jurisdiction to construct and maintain the transit station per z of the Public Utilities Code. For over four (4) years, the City and Redevelopment Agency staff worked with NCTD staff on the design for the buildings and public improvements as well as thc for the Village Transit Station. Although the designlsite planning process was arc frustrating due to competing interests, staff members from each represented Age final plans resulted in a well-designed project that would have a very positP aesthetically and economically, on the Village Redevelopment Area. Schedule of Construction Activities Attached as Exhibit 2 for City Council review is a chronology of significant e construction activities to date on the Village Transit Station. 0 Page 2 of Agenda Bill I@ 13, o?Z The project plans were approved by the City Council and the Housing and F Commission on November 2,1993. Construction began on November 1,1994. TI of the Village Transit Station is to be completed in two (2) phases. In Phase I, the instructed by the County/NCTD to complete the platform, short term parking I spaces total) and portion of the Alley improvements (at entrance off of Grar February 1, 1995. The Phase I work was actually completed as of February Commuter Rail Service was initiated on February 24, 1995. Phase II of the cot includes the station building(s), the long term parking lot to be located north of all of the remaining public improvements (on Grand, Washington, Christiansenl remainder of the Alley to the end of the long term parking lot). The total estimatc time for the entire Village Transit Station project was initially twelve (1 2) months; i it was anticipated that the project would not be complete until October/Noveml contractor initially proposed a schedule which indicated that construction would I the end of April, 1995. Unfortunately, due to the heavy (unexpected) rains and ch: of some of the public improvements, the completion date has been extended to However, the contractor intends to make every effort to complete the project be Bauer Lumber Issues . In all phases of design work for the project, the City worked with the County address concerns/issues raised by Bauer Lumber. It was understood that Bau deliveries made by large trucks and that these deliveries needed to be considere of the station and the public improvemenfs. City Engineering Staff met with several times to discuss the access needs of the business. Every effort was made to be made, to accommodate the needs of Bauer Lumber as well as the small enc located on the south side of Christiansen Way (across from Bauer Lumbt construction began, the street improvements were redesigned on Christiansen W to accommodate Bauer Lumber and deliveries to the business. Although the resulted in time delays for completion of the street improvements, City and Coui to the requested changes to ensure that the final station is functional and dl greatest degree possible, to meet the needs of the community. From the first day of construction, sincere efforts have been made by the Contri County and City to keep Bauer Lumber informed about the construction activities \ an impact on the business. Bauer Lumber was encouraged by City Staff severa temporary signs which indicated that the business was open during construction i primary customer entrance to the building to State Street while the street impr completed on Christiansen Way. For unknown reasons, Bauer Lumber did nc suggestions. All parties agree that Christiansen Way/Cedar Street was closed much longei anticipated but also agree that the delays were unavoidable in most cases. For ex predicted the storms that moved through the area in January/February; these st( lost construction days. Also, many of the Bauer Lumber issues which staff thc addressed during the design phase of the project resurfaced during constructic resolution which was often time-consuming in terms of processing change orde Bauer Lumber stated several times during the construction of the iml ChristiansedCedar that the City should simply take control of the street and cor This action was neither feasible or desirable. The Contractor continued to ma Page 3 of Agenda Bill @ f 3/09 Z 0 effort to complete the construction while adjusting to requests from the City and for the work in the public right-of-way. However, this does not mean that the Cil very little that can be done to require a contractor to complete a project within c time frame. Attached as Exhibit 3 for City Council review is a chronology of contacts mz Lumber regarding construction of the street improvements on Christiansen Way Parkinq Issues Although the construction activity has caused some problems for Village businl Bauer Lumber, the more significant problem faced by businesses is the impact Commuter Rail System being initiated before the parking was completed for the S the major portion of the parking was not provided at the station, the commuters park in other areas. NCTD provided a temporary dirt parking lot approximately a c north on the Alley but this parking,lot has not been used by the commuters bec; far away from the station and 2) it is unpaved. The commuters prefer the pavec lots available within the Village. Consequently, they are using these public par mean that the lots are not available for Village merchants and/or their customers. is also only a temporary problem. Upon completion of the station, there will be over 150 public parking spaces p commuters to use. This will alleviate the parking problem in the area. The busine: will benefit from these additional public parking spaces in two ways. First, there \ thirty (30) short term (2 hour) parking spaces which will not be used by patrons o Rail System. The commuters will use the long term parking. Therefore, these available for customers to local businesses. Second, all of the Village Transit spaces will be available in the evening and on the weekends for customers o area. Public Relations/lnformation Activities It was the City’s desire and understanding that NCTD and the County woul proactive role in providing information to the surrounding businesses impac construction activities and 2) the lack of permanent parking at the start of the serv Although the Contractor made efforts to personally contact impacted businesses owners in the area several times, it was determined very early into the construc City staff would need to take a much more active role in the public relations/inforr than originally anticipated. The following represents a list of activities tha undertaken in an attempt to keep Village businesses aware of the constructio respond to the parking problems related to the station: revisions to the design of various features within the project, The City did, in facl authority over the scheduling of the project, Unless the City also controls the c( Regular verbal updates are provided by staff at the Village Business Association Me Tuesday at 8:OOam. Staff has provided written updates on a monthly basis within the Village Voice, a which is distributed to businesses in the Village area. * 0 9 I Page 4 of Agenda Bill h . /7 0 92 Staff has distributed information sheets, by mail and personally, to businesses dire the construction activity on State Street and Washington Street. Staff takes complaints, via letters and telephone calls, regarding problems related to parking and works directly with the Contractor, County and NCTD in an attempt tc Staff prepared maps identifying the public parking lots in the area and distributed (starting at 5:30am) to commuters using the new Coaster service. City staff per commuters and encouraged them to use the temporary public parking lot provided than the other public parking lots in the area in an effort to reduce the impact on These maps were also distributed to local merchants to share with their customer purposes. Upon the request of several merchants, Police Department staff assumed an a! enforcing the two hour parking on the street to deter commuters from using these p day. This was not popular with many commuters, and some merchants, who receive but it was effective as a deterrent; commuters are now using the public parking lot. streets. City Engineering staff prepared and installed directional signs to the station in an commuters to the entrance and temporary parking lot. Staff is still working with N( signs at the entrance and along the alley to encourage commuters to use the temp rather than the other public parking lots in the Village. Summary In general, there have been more complications with construction activities at the Station than anticipated by the City, County, NCTD or Douglas Barnhart Cc contractor). This has resulted in time delays on completing the construction ai schedule originally proposed by the Contractor. However, based on the initial C of the time it would take to complete the entire project which was twelve ( November, 1995, the construction of the entire project is actually ahead of sche various portions of the work have taken longer to complete than estimated by thf this time, it is anticipated that the entire project will be complete by July, 1E improvements on Christiansen WayEedar were scheduled to be complete by h, FISCAL IMPACT: This report has been provided for information purposes only. No fiscal impact is i it. EXHIBITS: 1. Agreement for Construction of the Village Transit Station. 2. Chronology of Construction Activities for the Village Transit Station. 3. Chronology of contacts with Bauer Lumber regarding construction activities Transit Station. 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 EXHIE 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 Septembc approved the recommendations of the Oceanside-San Diego Commuter and WHEREAS, it is necessary to execute an agreement for cons operation of the Carlsbad Transit Center; NOT THEREFORE, BE IT RESOLVED by the City Council of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council authorizes the Mayor to execute tt attached hereto, for the Construction of the Carl! Center. PASSED, APPROVED, AND ADOPTED at a regular meeting of the 1 of the City of Carlsbad, held on the 20th day of February the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, and Larson NOES: Council Member Larson ABSENT: None CLAUDE A. LEWIS, Mayor ATTEST: Lh!xLjc? ALETHA L, RAUTENKRAN (SEAL) 0 0 AGREEHENT FOR THE CONSTRUCTION OF THE CARLSBAD TRANSIT CENTER THIS AGREEMENT IS HEREBY made and entered into this day o 9 19 9 by and between: THE COUNTY OF SAN OIEGO, a pol i ti cal subdivision of the State o California, hereinafter referred t as "COUNTY"; and THE CITY OF CARLSBAD, a municipa corporation of the State o Cal ifornia, hereinafter referred t as "CITY" ; THE CARL SBAD REDEVELOPMEN COMMISSION, hereinafter referred tl as "COMMISSION"; and THE NORTH SAN 5IEGO COUNTY TRANSI' DEVELOPMENT BOARD, a statutori 1. created transportation board hereinafter referred to a "NSDCTDB" WITNESSETH WHEREAS, under Section 99400.5 of the California Public Utilitie Code, the COUNTY has authority to finance the construction and rnaintenancc of mu1 timodal transportation terminals anywhere within the boundaries 0' San Diego County; and WHEREAS, on March 2, 1982, the COUNTY'S Board of Supervisors approve4 an Agreement with NSDCTDB to study the feasibility of constructing fivl transit centers to be located throughout the County of San Diego, includinc 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 o Carl sbad, hereinafter referred to as "PROJECT"; and 0 -2- 0 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 Prograrr NOW, THEREFORE, in consideration of the convenants and conditions con- COUNTY’S FY 1988/80-FY 1993/94 Regional Transportation Improvement and in the NSOCTDB’s FY 1986-90 Short Range Transit Plan. tained herein, the parties hereto agree as follows: SECTION 1 COUNTY AGREES: 1. To provide project management by appointment of a County Supervisor ta 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 cooperativc 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, facilitj design, right-of-way acquisition, management of construction, and liaisor 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 guide1 ines. 5. To act as the lead agency during the right-of-way acquisition phase of the PROJECT. This would include initiation and administration through thc 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 Ci rcul ar 5010.1. Project Management Team and condemnation proceeding in the event any con- e -3- 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 thc 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 Projecl Manager during preparation of environmental documents, facility design, right -of -way acqui si stion, construct ion 1 i ai son. 4. To allow the COUNTY to act within the CITY’S jurisdiction according tc Section 99400.5 of the Public Utilities Code in implementing the PROJEC‘ 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 COMM I SS I ON AGREES : 1. To provide project management by, as a whole, serving on the Projec. Management Team. 2. To submit all PROJECT input through the Management Team and thl 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 Projec 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 th PROJECT within the City of Carlsbad. e -4- v 6. That the PROJECT shall be owned by the NSOCTDB. SECTION 4 NSDCTDB AGREES: 1. To provide management by appointment of a Board member to represen NSDCTDB on the Project Management Team. 2. To submit all PROJECT input through the Mangement Team and the Projec Manager to insure continued, cooperative and comprehensive coordinatio during implementation of the PROJECT. 3. To allow the COUNTY to act within the NCTDB's jurisdiction accordin to Section 99400.5 of the Public Utilities Code in implementing the PROJEC within the City of Carlsbad. 4. To provide necessary staff support as may be required by the Projec' 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 Publif Resources Code which defines the lead agency as "the public -agency whicl has principal responsibility for carrying out or approving a project whicl may have a significant effect upon the environment," during the preparatioi sf 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 eluding costs incurred by the other parties to this Agreement, excludin 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 constructioi work by the COUNTY, CITY, COMMISSION and NSDCTDB, NSDCTDB shall assumc ownership of the PROJECT and shall be responsible for the maintenance an( operation of the PROJECT. SECTION 5 IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED: 1. That overall project management will be the responsibility of th COUNTY for PROJECT implementation, 2, That project management will be accomplished with a Project Managemen Team which shall consist of the entire COMMISSION and one representativ each from the COUNTY, CITY and NCTDB. To bear all costs incurred by the COMMISSION in carrying out e -5- 3. That agencies’ appointees or their a1 ternates wi 11 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 NSDCTOB further agree tc defend, indemnify and save free and harmless COUNTY and its authorizec agents, officers and employees against any of the foregoing liabilities anc any cost and expense, including reasonable attorney’s fees, incurred by tht COUNTY on account of any claim therefore, including improvement service: done or provided by the CITY, COMMISSION or NSOCTDB pursuant to thi! Agreement; and in the event that a court of competent jurisdiction shoulc determine CITY, COMMISSION or NSDCTDB has no authority to provide bj Agreement the performance of the hereinabove set services, CITY, COMMISSIO and NSDCTDB nevertheless agree to assume the foregoing ob1 igations .an1 liabilities by which this is intended by the parties that CITY, COMMISSIO and NSDCTDB agree to Indemnify and to hold COUNTY harmless from all claim arising by work done by or any act or ommission of CITY, COMMISSION o MSOCTOB or their agents, employees or representatives, in connection wit or in the performance of the agreed upon services of work provided for i this Agreement. 7. (b) The CITY, CWISSION and NSDCTOB. their agents, officers ar 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 then caused by or resulting form any acts or omissions of the COUNTY, il agents, employees or representatives; COUNTY further agrees to defend, Ir demnify and save free and harmless CITY, COMISSION and NSOCTDB and theT authorized agents, officers and employees against any of the foregoii 1 iabil ities and any cost and expense, including reasonable attorney’s fee! incurred .by CITY, COMMISSION or NSDCTDB on account of any claim therefor -6- a including improvement services done or provided by COUNTY pursuant to thi: Agreement; and In the event that a court of competent jurisdiction shoulc determine that COUNTY has no authority to provide by Agreement the perfor mance of the hereinabove set services, COUNTY nevertheless agrees to assuml the foregoing obligations and liabilities by which this is intended by th parties that COUNTY agrees to indemnify and to hold the CITY, COMMISSIO and NSDCTDB harmless from a11 claims arising by work done by or any act o omission of COUNTY or its agents, employees or representatives, in connec tion with or in the performance of the agreed upon services of wor provided for in this Agreement. tent of any insurance policy currently in force and held by the partie 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 b formally served by certified mail , return receipt requested, to the follow ing addresses: COUNTY: 7. (e) These indemnity provisions are not limited in any way by the ex Director, Department of Pub1 ic Works, County of San Diego San Diego, CA 92123 Director, P1 ann1 ng Department City of Carl sbad 2075 Las Palmas Carlsbad, CA 92009 Chairman, Carl sbad Redevelopment Commission City of Carl sbad 1200 Elm Avenue Carlsbad, CA 92008 NCTDB: Executive Di rector North County Transit District 311 South Tremont Street . Oceanside, CA 92054 5555 Overland Avenue, Building 2 (MS 0332) CITY: COMMISSION: a -7- 0 reto have caused this Agreement to be ex- written. ATTEST BY: Q-QLxL R QizzA-- DATE: d,lt2J/4 0 City Clerk NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD COUNTY OF SAN DIEGO BY: BY: Chairman of the Board Clerk, Board of Supervisors ATTEST BY : APPROVED AS TO FORM AND LEGALITY DATE: BY: County Counsel