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HomeMy WebLinkAbout1975-11-18; City Council; Resolution 3784L r‘ 1 1 1, 1: 11 11 1( 1’ 1t l! 2c 21 22 2: 24 25 26 27 28 29 30 31 32 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and the Comprehensive Planning Organization for assistance in transit plan refinement, a copy of which is attached hereto marked Exhibit A and incorporated herein by reference, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 18th by the following vote, to wit: day ofNovembe,r1975, AYES : Councilmen Frazee, Chase, Lewis, Skotnicki and NOES: None ABSENT: None Counci 1 woman Cas1 er RESOLUTION NO. 3784 A RESOLUTIOFI OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETHEEN THE CITY OF CARLSBAD AND THE COYPREHENSIVE PLANNING ORGANIZATION FOR ASSISTANCE IN TRANSIT PLAN REFINEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. ATTEST: (SEAL) COMPREHENSIVE PLANNING ORGANIZATIW OF THE SAN DIEGO REGION SECURITY PACIFIC PLAZA 1200 THIRD AVENUE (714) 233-521 1 SAN DIEGO. CALIF 92101 December 2, 1975 l4argaret E. Adams, City Clerk City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 Dear Ms. Adams: We are enclosing a fully executed copy of the Agreement between CPO and the City of Carlsbad to Assist in Transit Plan Refinement and A Study of Transit Impacts on Streets and Highways for your files. Please submit claims in accordance with Section 6 of the Agreement to my attention. Pro j ect Manager L, GF:bs Enclosure cc: Mr. Mike Zander r AGENCIES Cltles Of Carlsbad. Chula Lista. Coronado. Del Mar. El Cajon. Escondldo. lmperlal Beach, La Mesa, Natlonal Cr Oceanslde. San Dlegc. San hrnrrmr \I..+- -..A c- -A -1 - - - ___ -. L 8 " " t b 'r . . * " *' * - EXflISIT .4 TO ASSIST IN TRKYSIT PUR REFIh~ENT Ah3 A STUDY OF TRANSIT IMPACTS OX STREETS A? HICXKAYS Tfiis hreement is mzereci 5xim between the City of Carlsbad (herei2 callemity) aid t3e Ccmprehensive Planning Organization of the Sari Diego Region, a public agency [herein called the CPO). ?3i<s 36 Z+ ky ,nf %+7Ls7Gbd , 1975, RECITALS IGiEE3SY the Compreherfiive Plmahg Organization has been desi_wated by z5e Secretary of' the State Emirless aid Trxiiqortation Agency as ~e Traiisportation plax-ming Agency for San Diego Co.mty, puysuant to Article 11 of Clla2ter 2 of Division 3 of Title 3 of the Califorria Government Code; and %EKEAS, the CPO Board of Diiecta-is 2': Its metkg of T!s~ 12: 1975 dopt~d Resolutior! #75-38 authorizing the ExecWive %rector to begin work on Job 201.01, Traxsit System Plan Refinenent, and 201.08, Transit Inpacts OD Streets and iiighways, as described CPO's Overall Kork Progrm; and WHEE\S, the City of Carlsbad is desirous of and &le to F;articipate in Job 201.01 , TraTsit System ?lax Ref inemnt and 201. OS , Tm-sit Ir.pacts 03 Streets -and Highways, as indicated by its adoption of Kesolutim 3784 WHEFEAS, funds are available through a grant from the Federzl Highway Administration, obligated &me 6, 1975 pursmnt to Subsecticn (5) of Scction 104 of Title 23 of the United States Cede and to Section 13937 of t\e Califor- nia Government Code to assist or provide rei?burscrilent to the City for cer- tain of its transportation planning actilities; WHEIZEAS, many of these transportation planning activities require *.e participation and cooperation by the staff of the previously named clity; and WHE?.?-%, the CPO Board of Directors has authorized this Agreement by Resolution 75-84 on September 15, 1975. onNov. 18,1975; and / ard NOW "IEFORE, IT IS EfihUY AGFEETI THAT: '. ,., .. -. . Section I, Employment of the City The CPO hereby agrees to engage the City and the City hereby agrees to perform the services hereinafter described in connection with the study of C%T' Jobs No. 201.01, Transit Systen Plan Refinement, and KO. 201.08, Transit Impacts on Streets and Iiighways. Section 2. A. Personnel Scope of City's Responsibilities 1. Mic!Iael C. Zander, Associate Planner,. (m") -__ shall be in charge of the perfoznance 01 tnis Agreenent on behalf of the city. 2, The City represents that it has or will secllre at its own expense all personnel required in perfoming the services under this contract. Such personnel shall not-be-employees ofjor have any contractual- -- -- relationship with the CFO. 3. Work DescriDtion, Est%zated 14ancbys and Estimated Cost Task 1-2.1 Assist in tile review of technology 2ssess- ments conducted in other metropolitan arezs. Task '2.1.01 Visit other cities and- regions to discuss: - a. the attributes and problems of operating system the evaluation process iitilized in tkse regions. -with technical staffs ir, tllose regions, and b. Prepare a short orzl presentation of the dis- cussions condxted m Task 2.1.01 for presen- tation to the Local Agency Technical Tzk Force. -2.1-02 / Task 1-3.1 Frepare Trariiit Nemcrks withi? the City of Carlsbad. 3.1.01 Develop a basic local transit net" for the City of Carlsbad to provide feeder service for the regional network and intracom-it)' travel. .3,1,02 Cocrdinate this Bzsic Network with adjacmt jurisdictions through the Local Agency Technical Task Force, F- Mandays Cost J 2 4 1 1 .c; 400. 100. 43G. 109. .a. .. . 1. biuldays Cost .c; 200. 3.1.03 I\locli€y the Basic Local Tramit Network, if required, to providc cffcctive interface with each Candidate System. - \. 2 ,- Task 1-3.4 Assist in the Evaluation of the Transpcjrtotion and hd Use Impacts of each Candidate System on the City of Carlsbad. 3.4.01 Evaluate the impacts of the C<mdidate Systems on the City of Carlsbad using the methodology and criteria developed in Task 1-1 of the Transit Plan Refinement Progrxn. (Note: All data and computations needed to conduct this malysis will be YLVYAUbU UIIVUt;Jl UL ?m7UL.;rAb dJ2LUZ*., 3.4.02 Prepare a writter, surnrnrtry of the results of the evaluation for the City of Carl.sbad for incorporation %?to an -Evaluation Report ; m-x-42-J +h*n,>ml-. +La mn&l ;.nn rxzF+-m 'I 10 1000. 2 200. 1 100. 3.4.03 Prepare an oral presentation of the rrlsults of the evaluation for presentation to the Planning Comnission and City Coimcil of the City of Carlsbad. TOTALS 23 $2500:' C. Work Products -Tzsk Product 1-3.1 .- Networks at the scale of I" = 2,000' for die City of Czrlsbad for cad1 Candidate Tr,ulsit System tested in the Transit Plan Refixement .Program. h'chmrks shall show liorizontd align- ment of the transit liies, t?ie locatim of sta- tions along each line, rind the interface between regional and local systems. 7-3.4 A written and oral description of the impacts of each Candidate Transit Systen on the CiQ of Carlsbad. -Section 3. 4. Personnel Scope of CPO1s Responsibilities 1. The CPO Project lrlanager will provide direction and guidance in mtters related to: a. Administration of tlie Contract on bd133f of the 60; b. Procedures for obtaining infomation relative to the project; c. Review of pro,gress reports, drafts and fins copies of \fork Products required of die fie by dtis contract. CPO shall furnish to the City without charge all information, data, reports and maps within the possessicn of CPO as are existin,c, avail- able, and reasonably necessary . Secticn 4. Time of Performance * The services of the City shall for O.W,P. Job 201.01, Transit Transit Impacts on Streets and 31, 1976. Section 5. Limitation of Cost -_ for carrying out the project . begin consistent with the scope of work System P1.m Refinement, and Job 201.08, iIighways, and shall be completed by May .A. -B . -- Mauimm iotai Cost The mni" total cost to the 60, for the performance of wmk pursuant to this Agreemnt, shall not exceez S 2500.r)Q . Tile City specifically -agrees to perform all obligatiom irnde? tiiis Agrement within such-agreed - -cost. Ostensible Agency Disclaimer Notice City is hereby expressly put on notice that no employee of the 80 has ziuthorivy to zuthorize in FiritFng or otherwise any additional work which would incyezse the cost of this Agreement wi+Jlout C-PO Board of Directors approval. - -. Section 6. Pqment and Audit Requirerrmts For the perfommace of this Agreezent, CPO shall pay the City upon sub- mission of an approved claim. payroll records and supporting riaterials of the local agencies. All fiscal and accounting records 2nd orher sipporting papers shall be min- tained for a mini" of four years folloiving the close of the fiscai year of expenditure ad until an audit has been perfomed. All such -records shall be available r'or revietj and inspection and audit by the fiqrehcnsive Planning Organization, Federal or- State-authorities. - . The clain shall be based upon detailed L. - / Section 7. Termination of Contract 4 If the City shall fail to meet its obligationsunder this Contract the [=M) shall thereupon have the right to tenninate this Contract by giving .written notice to the City, specifying the effeczive date of termination, at least five days before such date. The CPO Board of Directors and the Carlsbad City Council reserve the right to terminate this Contract at any time 3y giving written notice to the second p3rty specifying the effective date of termination, at least -fifteen days before such daze. in the event of temination all finished or unfinished documents, dat3 studies by the City slicill, at the option of the CPQ, become die property of the sumeys , &"ings, maps, modGls, photogmphs , &vld z-cports prepared - ___.. .- . .. * "t 2. -. - ' c.pO, and the Ci l@l be entitled to receive r any satisfactory work complctcd on such docment le compensation for thcr materials. Such TCZSGn~blc conpcnsation, in any event, shall not cxcced the total s~nn due thc City under this Contract. liability to CI'O for dmagcs sustained, due to the City's failure to meet its obligations under this Contract, for thc purpose of set-off, until such tlne as the exact moimt of damages due the 80 from the City is determined. Nor shall thc City be rclicved of any sction 8. Qual Emlopent Opportunity The City shall cumply with Executive Order No. 11246, entitled ''Equal Enqloyment GFportunity," as supplemented in the Department of Labor Regu- lations (41 Code of Federal Regulations, Part 60). In connection with the execution of this Contract, the City shall not discriminate against any eqloyeE or qplicant for cmploy"nt because of race, religion, color, sex OT mtimai xriigk. Tl;c City shal!. take zffirm7tjve action to insure that applicants are exployed, and that employees are treated ciuring their employ- ment, without regard to their race, religion, color, sex or national origin. qloyment, upgrading, denotion, or transfer; :-advertising; -caqxnsation, and selection for training, fncluding apprenticeship. ' . Such actions shall include, but not be linited to the following: rec-mibnent or recruiment layoff, or terminaIion; rates of pay, or other forms of - - Section 9. Affimative Action Compliance The City shall have a written Affirmative Action Plan in confommce with Executive Order No. 11246 as sqpiemented by Federal Regulations. should contzin, at least, the folloriing infomation: current conposition -of minorities and woaen in City's work force; tunity employment goais a-d thetables for achievenents; identifica- tion of those emplo);l7?cnt categories -&=re iriinrjrities and xmen are under- -artilized; A copy of the Affir- . %Wive Action Plan for the period of rime covered by this Agreenent is required for review and approval by 60 prior TO first -papent. Tne PIaa staterent of equal o~~GT-- and identification of the City's ikffimative Acticn measmes 0 &signed to overcme any areas of underuti1iz:ation. * -Section 10. Prohibited Interest No member, officer, or enrployee of the 80 or of a local or state pilblic body during his tenure or one year thereafter shall have any interest, -direct or indirect, in this Contract or the proceeds thereof. / . .Section 11, Interest of )!embers af Con\;ress Bo member of or delegate to the ConGress of the United States shall be admitted to ay share or part of tlus Contract or to my benefit arising --:therefrom. ?Section 12. Hold Harmless 'The City agrees to hold CPO harmless from and on account of any and all liability, whether propcrty daixigc or personal injuv arising fron or hcurrcd in connection with thc City's pcrfommcc ck' this Contract and further agrccs to imicnnify thc WO .for all costs, including attorncy's fees, incurrcd in connection with any dnim or action arising out: of or incurred in connection with thc City's pcrlormance of this Contract. Any notics rcquired or permitted undcr this Contrait may bc personally semed on the other party? by the party giving notice, or may be served by certified mail, rcturr! receipt rcqucsted, to the following addresses: m: Associate Director for Finance and Administration Conrprehensive Planning Organization Site 524, Security Pacific Plaza 1200 Third A-venue San Diego, CA 92101 city: Pub1 ic !)forks Adginistrator City of Carlsbad 1209 Elm Avenue Carlsbad, CA WlQ8 --Section 14. Cmstrictim - -All provisions oi +&s Cmtract shall be construed by the laws of the State of California. VaTNESS IIWOF "he authorized parties have below signed: w Approved as to sufficiency of form and legality: