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HomeMy WebLinkAbout1987-06-09; City Council; Resolution 91111 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 RESOLUTION NO. 9111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING THE CONSTRUCTION OF THE RANCHO SANTA FE ROAD TRUCK BYPASS AS COMPLETE, DIRECTING THE CITY CLERK TO FILE THE NOTICE OF COMPLETION, APPROPRIATING FUNDS, AND APPROVING AN AMENDMENT TO THE TRIPARTITE AGREEMENT. WHEREAS, the Rancho Santa Fe Road Truck Bypass, Project No. 3261, has been satisfactorily completed; and WHEREAS, additional quantities of pavement, signs, guard rail, and underdrains were required to construct said project and ensure its safety and utility; and WHEREAS, the reimbursement of additional City project expenses by the County of San Diego's Solid Waste Enterprise Fund is contingent upon execution of an amendment to the agreement authorizing reimbursement; NOW, 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 construction of the Rancho Santa Fe Road Truck Bypass, Project No. 3261, is deemed complete and hereby accepted. 3. That the City Clerk of the City of Carlsbad, California, is directed to file the Notice of Completion for said project. 4. That the City Council af the City of Carlsbad, California, hereby appropriates additional funds in the amount of $45,123 from the unappropriated balance of the General Capital Construction Fund to the project account No. 300-820- 1840-3261. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 5. That the City Council of the City of Carlsbad, lifornia, authorizes an increase in Purchase Order No. 3291 to Southland Paving, Inc. by an additional $67,926.86 6. That the ten percent (10%) retention withheld from the contractor's progress payments shall be released to Southland Paving, Inc. without further delay. 7. That the Director of Finance is hereby authorized to close the project account upon payment of all final claims and costs. 8. That the amendment to the agreement between the City of Carlsbad, City of San Marcos, and the County of San Diego, attached hereto, is hereby approved. 9. That the Mayor and City Clerk are hereby authorized /// /// /// /// /// /// /// /// /I/ /// /// /// /// /// / // 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and directed to execute the attached amendment to the agreement on behalf of the City of Carlsbad. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council held on the gth day of June 9 1987 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Mamaux, Pettine, Larson NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Cl\erk (SEAL) AMENDMENT TO THE AGREEMENT AMONG THE CITY OF CARLSBAD, THE CITY OF SAN MARCOS AND THE COUNTY OF SAN DIEGO TO CONSTRUCT A TRUCK BYPASS AROUND THE EXISTING RANCHO SANTA FE ROAD IN THE CITY OF CARLSBAD WHEREAS, the City of Carlsbad, City of San Marcos, and County of San Diego have previously entered into an agreement for the design and construction of the Rancho Santa Fe Road Truck Bypass project within the City of Carlsbad; WHEREAS, the City of Carlsbad has completed and opened the Rancho Santa Fe Road Truck Bypass project; WHEREAS, additional quantities of pavement, signs, underdrains, 'and additional related project costs were required to construct said project and ensure its safety and utility; WHEREAS, the City of Carlsbad has incurred additional out- of-pocket expenses to pay for these necessary project improvements in accordance with the terms of the existing agreement; NOW, THEREFORE, BE IT RESOLVED AND AGREED THAT: 1. The existing agreement for the design and construction of the Rancho Santa Fe Road Truck Bypass project between the City of Carlsbad, City of San Marcos, and County of San Diego is hereby amended to provide that the County of San Diego's Solid Waste Enterprise Fund will reimburse the City of.Carlsbad up to and not to exceed a total of $250,000 for all project related costs. Date City of Carlsbad - LEE B. THIBADEAU, MAYOR City of San Marcos ....... ........... County of San Diego ATTESTED: .. Date ................. - Date City of Carlsbad e MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CARLSBADI~ THE CITY OF SAN MARCOS AND THE COUNTY OF SAN DIEGO TO CONSTRUCT A SOLID WASTE TRUCK BYPASS TO THE EXISTING RANCHO SANTA FE ROAD IN THE CITY OF CARLSBAD WHEREAS, permanent alignment of Rancho Santa Fe Road through the City of'carlsbad will not be finalized before three to five years: and WHEREASI the City of Carlsbad is concerned about the impact of solid waste truck traffic through the residential areas along Rancho Santa Fe Road in the City of Carlsbad; and WHEREAS, the City of San Marcos has concerns regarding the impact of t&ck traffic on roads within the City of San Marcos used as access to the Solid Waste Facility; and WHEREAS, the City of Carlsbad has not designated Rancho Santa Fe Road through the City of Carlsbad as a truck route, thereby prohibiting solid waste truck traffic: and WHEREAS, the City Council of San Marcos has introduced an ordinance that would establish a mitigation fee for solid waste truck traffic along the City of San Marcos roads; and WHEREAS, Rancho Santa Fe Road is not now but is planned to be constructed as a prime arterial road through the City of Carlsbad; and WHEREAS, the impact of prohibiting truck traffic on Rancho Santa Fe Road through the City of Carlsbad and the mitigation fee proposed by the City of San Marcos result in increased costs to citizens for collection and disposal of trash generated in the North County and transported to the County's San Marcos Solid waste Facility; and WHEREAS, solid waste management is a regional concern that must be addressed by all cities and the County; and WHEREASl it is in the best interests of all users of the San Marcos Solid Waste Facility to cooperate in assuring access to this regional facility. NOW, THEREFORE, BE IT RESOLVED AND AGREED THAT: 1. An alternate solid waste truck access through Carlsbad? utilizing approximately one mile of the old Rancho Santa Fe Road right-of-way (as shown on Attachment A)/ will be constructed for use by northbound trucks until the permanent alignment of Rancho Santa Fe Road is improved. Upon completion of this alternate truck access, the City of Carlsbad shall designate Rancho Santa Fe Road as a truck route for northbound trucks only. Southbound truck traffic will not be allowed on the existing alignment of Rancho Santa Fe Road within the City of Carlsbad. 2. The City of Carlsbad will administer the design and construction of the project. All in-house administrative costs will be absorbed by the City of Carlsbad. The City of Carlsbad will take all steps necessary and reasonable to expedite construction of the alternate truck access along the old Rancho Santa Fe Road and will make a good faith effort to have the construction completed by April 30r 1987. In the event the alternate truck access along old Rancho Santa Fe Road is completed prior to the reconstruction of Rancho Santa Fe Road south of La Costa Avenue to its proposed six (6) lanest, the City of Carlsbad will reopen the entire northbound Rancho Santa Fe roadway to truck traffic or provide an alternate route utilizing Mission Estancia Road. 3. The County's Solid Waste Enterprise Fund will fund the out-of-pocket expenses for the design and construction of the bypass. Said expenses shall not exceed the engineer's estimate of $2001000 (see Attachment B); provided however that the County hereby agrees to contribute additional funding to be offered as a financial incentive to the contractor for early completion of the alternate truck access routet the amount of said incentive shall be included in the construction contract and shall not exceed $ltOOO.OO per day that the project is completed ahead of the contract completion date for a total incentive of $15/000. 4. The City of San Marcos agrees that it will take no furhter action until April 30r 1987 regarding imposition of solid waste truck mitigation fees,' and further agrees that it shall not arbitrarily impose said fees if the alternate truck access route on Old Rancho Santa Fe Road is substantially completed by April 301,1987 5. The City of San Marcos agrees to allow northbound solid waste trucks to travel on San Marcos City streets. 6. The City of Carlsbad agrees to defend, indemnify and hold harmless the Countyr its officers and employees from and against any and all claimsl demandsr, or liabilities of any kind or nature which may be imposed upon any of them for injury to or death of persons or damage to property as a result oft arising out ofr or in any manner connected with the design/ constructionr maintenance or operation of the alternate access to be constructed utilizing a portion of the old Rancho Santa Fe Road right-of-wayr traffic flow in the area as a result of the alternate accessr, or any other provision of this Agreementt excepting only such injury or harm as may be caused solely and exclusively by the fault or negligence of the County. 7. It is the policy of the County (Board Policy B-39) to encourage the utilization of minority business enterprises in the procurement of materials and/or services. This policy also applies when the County contributes funds to another governmental agency for the purpose of procuring materials and/or services. In such situations the policy requires: "The Countyr without prior approval of the Board of Supervisorsr shall not participate in nor contribute funds to any contract, agreement) or purchase order let by another governmental jurisdiction for the procurement of supplies) servicesr or construction unless that jurisdiction in the expenditure of the County-provided funds: 1. Adopts a policy consistent with this policy; and) 2. Provides a copy of the policy to the County prior to transfer of funds" Accordingly, the City of Carlsbad agrees with regard to the use of the funds provided in this Agreement to: a policy consistent with County Policy B-39; 2) provide the County with a copy of said policy prior to the transfer of any funds pursuant to this Agreement; and 3) adhere to said policy in the procurement of materials and/or services pursuant to this Agreement. 1) adopt ... City,of Carlsbad LEE THIBADEAU! Mayor Date City of San Marcos