HomeMy WebLinkAbout1990-02-20; Housing & Redevelopment Commission; 152; Construction of Carlsbad Transit CenterHOUSING AND TDEVELOPMENT COMMISS- N - AGENDA BILL
AB# 152 TITLE: AGREEMENT FOR THE CONSTRUCTION MTG.2/20/90 OF THE CARLSBAD TRANSIT CENTER
DEPT. PI-N
RECOMMENDED ACTION:
Adopt Resolution No. 164 APPROVING an agreement for Construction and
Operation of the Carlsbad Transit Center and authorizing the Chairman to sign
the agreement.
ITEM EXPLANATION
On September 12, 1989, the Housing and Redevelopment Commission approved the
recommendations of the Oceanside-San Diego Commuter Rail Study which
recommended two locations for commuter rail stops in Carlsbad. One of the
station stops will be part of a North County Transit District (NCTD) transit
center at Grand Avenue and Washington Street. NCTD is now ready to go
forward with the construction of the transit center. In order to start, it
is necessary to approve an agreement between the City, the County and NCTD
for the financing, construction, maintenance and operation of the,Center.
,The City's obligations under the agreement are contained on page 3 of the
.agreement. NCTD and the County will be entirely responsible,for funding the
oonstruction, maintenance and operation of the center. As previously
requested by the City, the agreement has been modified to have the County
responsible for all condemnation or relocation matters should those become
necessary. This is covered on page 2 of the agreement.
Staff recommends that the Housing and Redevelopment Commission approve the
agreement and authorize the chairman to execute it.
FISCAL IMPACT
Except for Commission and staff time involved in working as part of the
project team, no City funding is required.
EXHIBITS
1) Housing and Redevelopment Commission Resolution No. 164 approving an
Agreement for construction and operation of the Carlsbad Transit Center.
.
1 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
2 COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR THE CONSTRUCTION OF
3 THE CARLSBAD TRANSIT CENTER.
4 WHEREAS, it is necessary to execute an agreement for
5 construction and operation of the Carlsbad Transit Center;
6 NOW, THEREFORE, BE IT RESOLVED by the Housing and
7 Redevelopment Commission of the City of Carlsbad, California, as
8 follows: II
9 1. That the above recitations are true and correct.
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2. That the Housing and Redevelopment Commission authorizes the Chairman to execute the Agreement, attached hereto, for the construction of the Carlsbad Transit Center.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Housing and Redevelopment Commission of the City of Carlsbad, held
14 on the 20th day of February I 1990, by the following vote,
15 to wit:
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17
AYES: Commissioners Lewis, Kulchin, Pettine, and Mamaux
NOES: Commissioner Larson
ABSENT: None
24 (SEAL)
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27
2%
AGREEMENT FOR THE CONSTRUCTION OF THE
CARLSBAD TRANSIT CENTER
THIS AGREEMENT IS HEREBY made and entered into this
9 19 -' by and between:
day of
THE COUNTY OF SAN DIEGO, a politi-
cal subdivision of the State of
California, hereinafter referred to
as "COUNTY"; and
THE CITY OF CARLSBAD, a municipal
corporation of the State of
California, hereinafter referred to
as "CITY";
THE CARLSBAD REDEVELOPMENT
COMMISSION, hereinafter referred to
as "COMMISSION"; and
THE NORTH SAN DIEGO COUNTY TRANSIT
DEVELOPMENT BOARD, a statutorily
created transportation board,
hereinafter referred to as
"NSDCTDB".
W ITNESSETH
WHEREAS, under Section 99400.5 of the California Public Utilities
Code, the COUNTY has authority to finance the construction and maintenance
of multimodal transportation terminals anywhere within the boundaries of
San Diego County; and
WHEREAS, on March 2, 1982, the COUNTY's Board of Supervisors approved
an Agreement with NSDCTDB to study the feasibility of constructing five
transit centers to be located throughout the County of San Diego, including
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 of
Carlsbad, hereinafter referred to as "PROJECT"; and
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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,
of the PROJECT; and
construction, maintenance and operation
WHEREAS, the PROJECT is included for design and construction in the COUNTY's FY 1988/89-FY 1993/94 Regional Transportation Improvement Program
and in the NSDCTDB's FY 1986-90 Short Range Transit Plan.
NOW, THEREFORE, in consideration of the convenants and conditions con-
tained herein, the parties hereto agree as follows:
SECTION 1
COUNTY AGREES:
1. To provide project management by appointment of a County Supervisor to
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 cooperative
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, facility
design, right-of-way acquisition, management of construction, and liaison
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 guidelines.
5. To act as the lead agency during the right-of-way acquisition phase of
the PROJECT. This would include initiation and administration through the
Project Management Team and condemnation proceeding in the event any con-
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 Circular 5010.1.
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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 the
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 Project
Manager during preparation of environmental documents, facility design,
right-of-way acquisistion, construction liaison.
4. To allow the COUNTY to act within the CITY's jurisdiction according to
Section 99400.5 of the Public Utilities Code in implementing the PROJECT
within the City of Carlsbad.
To the extent permitted by law to waive all development, license,
zeview and inspection fees arising tram the PROJECT.
6. That the PROJECT shall be owned by the NSDCTDB.
SECTION 3
COMMISSION AGREES:
1. To provide project management by, as a whole, serving on the Project
Management Team.
2. To submit all PROJECT input through the Management Team and the
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 Project
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 the
PROJECT within the City of Carlsbad.
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6. That the PROJECT shall be owned by the NSDCTDB.
SECTION 4
NSDCTDB AGREES:
1. To provide management by appointment of a Board member to represent
NSDCTDB on the Project Management Team.
2. To submit all PROJECT input through the Mangement Team and the Project
Manager to insure continued, cooperative and comprehensive coordination
during implementation of the PROJECT.
3. To allow the COUNTY to act within the NCTDB's jurisdiction according
to Section 99400.5 of the Public Utilities Code in implementing the PROJECT
within the City of Carlsbad.
4. To provide necessary staff support as may be required by the Project
Manager during the preparation of environmental documents, facility design,
right-of-way acquisition, construction and liaison for the PROJECT.
5. To act as lead agency according to Section 21067 of the Public
Resources Code which defines the lead agency as "the public agency which
has principal responsibility for carrying out or approving a project which
may have a significant effect upon the environment," during the preparation
of an approved environmental document.
6. To bear all costs incurred by the COMMISSION in carrying out
Section 3, No. 3, of this Agreement.
7. To pay all right-of-way and construction costs for the PROJECT, in-
cluding costs incurred by the other parties to this Agreement, excluding
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>
That upon completion of the PROJECT and acceptance of the construction
iirk by the COUNTY, CITY, COMMISSION and NSDCTDB NSDCTDB shall assume
ownership of the PROJECT and shall be responsibl; for the maintenance and
operation of the PROJECT.
SECTION 5
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED:
1. That overall project management will be the responsibility of the
COUNTY for PROJECT implementation.
2. That project management will be accomplished with a Project Management
Team which shall consist of the entire COMMISSION and one representative
each from the COUNTY, CITY and NCTDB.
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3. That agencies' appointees or their alternates will 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, operation and other aspects as necessary for PROJECT completion. preliminary
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 NSDCTDB further agree to
defend, indemnify and save free and harmless COUNTY and its authorized
agents, officers and employees against any of the foregoing liabilities and
any cost and expense, including reasonable attorney's fees, incurred by the
COUNTY on account of any claim therefore, including improvement services
done or provided by the CITY, COMMISSION or NSDCTDB pursuant to this
Agreement; and in the event that a court of competent jurisdiction should
determine CITY, COMMISSION or NSDCTDB has no authority to provide by
Agreement the performance of the hereinabove set services, CITY, COMMISSION
and NSDCTDB nevertheless agree to assume the foregoing obligations and
liabilities by which this is intended by the parties that CITY, COMMISSION
and NSDCTDB agree to indemnify and to hold COUNTY harmless from all claims
arising by work done by or any act or ommission of CITY, COMMISSION or
NSDCTDB or their agents, employees or representatives, in connection with
or in the performance of the agreed upon services of work provided for in
this Agreement.
7. (b) The CITY, COMMISSION and NSDCTDB. their 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 what-
soever, nor for personal injuries to or deaths of them, or any of them,
caused by or resulting form any acts or omissions of the COUNTY, its
agents, employees or representatives; COUNTY further agrees to defend, in-
demnify and save free and harmless CITY, COMMISSION and NSDCTDB and their
authorized agents, officers and employees against any of the foregoing
liabilities and any cost and expense, including reasonable attorney's fees,
incurred by CITY, COMMISSION or NSDCTDB on account of any claim therefore,
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including improvement services done or provided by COUNTY pursuant to this
Agreement; and in the event that a court of competent jurisdiction should
determine that COUNTY has no authority to provide by Agreement the perfor-
mance of the hereinabove set services, COUNTY nevertheless agrees to assume
the foregoing obligations and liabilities by which this is intended by the
parties that .COUNTY agrees to indemnify and to hold the CITY, COMMISSION
and NSDCTDB harmless from all claims arising by work done by or any act or
ommission of COUNTY or its agents, employees or representatives, in connec-
tion with or in the performance of the agreed upon services of work
provided for in this Agreement.
7. (c) These indemnity provisions are not limited in any way by the ex-
tent of any insurance policy currently in force and held by the parties
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 be
formally served by certified mail, return receipt requested, to the follow-
ing addresses:
COUNTY: Director, Department of Public Works,
County of San Diego
5555 Overland Avenue, Building 2 (MS 0332)
San Diego, CA 92123
CITY: Director, Planning Department
City of Carlsbad
2075 Las Palmas
Carlsbad, CA 92009
COMMISSION:
NCTDB:
Chairman, Carlsbad Redevelopment Commission
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Executive Director
North County Transit District
311 South Tremont Street
Oceanside, CA 92054
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be ex-
ecuted as of the day first befewritten.
ATTEST
BY: &&&/&X&L-
City Clerk 1
DATE: alaalq~
NORTH SAN DIEGO COUNTY
TRANSIT DEVELOPMENT BOARD
BY:
Chairman of the Board
ATTEST
BY:
DATE:
ATTEST
DATE:
COUNTY OF SAN DIEGO
BY:
Clerk, Board of Supervisors
APPROVED AS TO FORM AND LEGALITY
BY: County Counsel