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Home My WebLink About1998-06-23; City Council; Resolution 98-2004 1 2 3 4 5 6 7 0 0 EXHIBIT 2 RESOLUTION NO. 98-200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS FOR CONSTRUCTION OF PALOMAR AIRPORT ROAD WEST, PROJECT NO. 3286, AND APPROVING AN AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR REIMBURSEMENT OF THE COSTS FOR THE ACCESS ROAD. WHEREAS, the City Council of the City of Carlsbad has reviewed, analyzed anc considered the Mitigated Negative Declaration EIA 91-14 for this project that was issued or 8 December 5, 1991 ; and 9 WHEREAS, based on the EIA Part II, comments thereon, and that there have not been Io l3 including the modifications to the County access road which are within the study area and scope I’ Negative Declaration that would require subsequent or supplemental environmental review I’ any changes to the project, the site or to the circumstances considered in the original Mitigated evidence that the project will have a significant effect on the environment; and -14 of the original environmental approval, the City Council finds that there is no substantial 15 WHEREAS, the City Council does hereby find that the project is in prior compliance witt l6 Negative Declaration EIA 91-14; and 17 WHEREAS, the City Council finds that the Negative Declaration EIA 91-14 which wa: 18 20 Carlsbad; and 19 prepared and published reflects the independent judgment of the City Council of the City o WHEREAS, the City Council of the City of Carlsbad has previously appropriated funds fo 21 this project; and WHEREAS, plans and specifications for the construction of Palomar Airport Road Wesl Project No. 3286, have been prepared and are on file in the Engineering Department of the Ci? 22 23 11 of Carlsbad and are incorporated by reference herein; and WHEREAS, the City has on deposit County of San Diego funds in the amount c $1,830,080 and that sufficient additional funds are currently available to complete this project. WHEREAS, the County of San Diego has agreed to reimburse the City for the cost of thl access road to the Animal Shelter including the cost of construction and inspection therec estimated at $91,000; . 0 0 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 2 3 California, as follows: 1. That the above recitations are true and correct. 2. That plans and specifications as presented are hereby approved. 3. That the City Clerk of the City of Carlsbad is hereby authorized and directed tc proceed to publish, in accordance with law, Notice to Contractors inviting bids for the constructior of the widening of Palomar Airport Road West, Project 3286, in accordance with the plans anc 4 5 6 7 11 specifications hereinabove referred to. 8 4. That the reimbursement agreement with the County of San Diego for the 9 construction of the access road to the Animal Shelter, included in the plans and specification: 10 11 hereinabove referred to as Project No. 3286, as described in the attached agreement is hereb) agreement. 12 approved and the Mayor and City Clerk are hereby authorized and directed to execute saic 13 5. Following the Mayor's signature of the agreement, the City Clerk is furthe authorized and directed to forward copies of said agreement to Timothy A. Walsh, Assistan Deputy Director - Aviation, County of San Diego, Department of Public Works, 5555 Overlanc Ave., San Diego, CA 92123-1295, and to the Engineering Department Planning and Desigl Section for their files. 14 15 16 17 18 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Counci held on the 23rd day of June 19 , 1998 by the following vote, to wit: II AYES: Council Members Lewis, Finnila, Nygaard and Hall 20 NOES: None ABSENT: Council Member Kulchin 21 22 23 24 CLAUDE A. LEWIS, Mayof"" 25 ATTEST: 26 27 28 & 'Q" &-A ..in" ALETHA L. RAUTENKRANZ, City Clerk (SEAL) e 0 Exhibit 3 REIMBURSEMENT AGREEMENT FOR CONSTRUCTION AND INSPECTION OF ACCESS ROAD TO ANIMAL FACILITY INCLUDED IN THE PLANS AND SPECIFICATIONS FOR PALOMAR AIRPORT ROAD IMPROVEMENTS PROJECT NO. 3286 THIS AGREEMENT is made and entered into as of the 24 day of June , 1998, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "CITY" and the COUNTY OF SAN DIEGO, a municipal corporation, hereinafter referred to as "COUNTY", in view of the following purposes: A. CITY enters into this agreement with COUNTY for the reimbursement of the construction and inspection costs by the CITY for the access road to the County Animal Control Facility as shown on the plans and specifications prepared by P & DICTE. These plans are titled "Plans for the Improvement of Palomar Airport Road from 556 feet West of Yarrow Drive to 622 feet West of El Camino Real" consisting of 29 sheets. B. The access road to the County Animal Control Facility was designed by P & DICTE according to County requirements and will be constructed on County property. IT IS, THEREFORE, AGREED: 1. CITY agrees to enter into a separate agreement with a construction contractor to accomplish construction of the access road to the County Animal Control Facility pursuant to the plans and specifications which COUNTY has previously approved. 2. COUNTY agrees to reimburse CITY for costs associated with COUNTY work which is presently estimated at $81,836 for construction and $9,164 for inspection/testing. The amount for construction wifl be updated after construction bids are received and again after construction is complete. 3. COUNTY will deposit $91,000, adjusted after bids and construction is complete, with CITY within thirty (30) days of notice from CITY to do so. If the actual construction cost plus inspection exceeds $1 15,000, the County may terminate this agreement and the City may delete this work from the contract. 4. COUNTY will have the right to audit costs paid by CITY for these construction and inspection services. 1 * 0 0 Exhibit 3 5. This agreement shall inure to the benefit of, and the obligations created hereby shall be binding upon, the successors and assigns of the parties hereto. 6. The invalidity or illegality of any provision of his agreement shall not be deemed to affect the validity or legality of any other provision of the agreement. 7. This agreement and any amendments hereto shall be governed by and construed and enforced in accordance with the laws of the State of California. 8. This agreement sets forth the entire agreement and understanding of the parties with respect to the transactions contemplated hereby, and supersedes all prior agreements. arrangements, and understandings relating to the subject matter hereof. 9. This agreement may be amended, modified, superseded or canceled, and any of the terms, covenants or conditions hereof may be waived, only by a written instrument executed by the parties hereto or in case of a waiver, by the party waiving compliance. 10. This agreement does not amend, modify, supersede or replace the previous Memorandum of Agreement for funding and construction of street improvements on El Camino Real and Palomar Airport Road, dated August 22, 1989 between the CITY and COUNTY for the reimbursement of costs paid by the CITY for the improvements to Palomar Airport Road as shown on the plans stated in paragraph A, subsection (1) above, nor the "Reimbursement Agreement for the engineering design services for Palomar Airport Road Improvements, Project No. 3286" dated December 16,1997. Ill 111 Ill Ill Ill Ill Ill Ill Ill Ill 2 li t e 0 Exhibit 3 11. CITY will hold the COUNTY harmless from any liability of any kind resulting from the work to be performed pursuant to this Reimbursement Agreement and shall pay all costs of defense of any claims or lawsuits, including reasonable attorney’s fees, arising from the work. COUNTY OF SAN DIEGO, a municipal corporation of the State of California By: Typed Name: Tile: Mavor Title: A3TEST: ,,/-I Aletha L. Rautenkranz, City - 3 6