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HomeMy WebLinkAbout1990-12-18; Housing & Redevelopment Commission; 171; Construction of Carlsbad Transit Centery-4; ~~$&J HOUSING AND-JREDEWELOPMENT COMMlSF9N - AGENDA BILL I Q b AB#&.%--- TlTLEi AMENDMENT TO AGREEMENT FOR THE - MTG..-gh$z- CONSTRUCTION OF THE CARLSBAD CITY Al-IT TRANSIT CENTER DEPT. CD CITY MGR. E RECOMMENDED ACTION: Adopt Resolution No.- /g/ APPROVING the first amendment to the agreement for construction and operation of the Carlsbad Transit Center and authorizing the Chairman of the Redevelopment Commission to sign the agreement. R-EM EXPLANATION On February 20, 1990, the City Council and Redevelopment Commission approved an agreement between the City of Carlsbad, the County of San Diego and North San Diego County Transit Development Board (NSDCTDB) for the construction, maintenance and operation of the Carlsbad Transit Center. Per the existing agreement, the North County Transit District (NCTD) and the county of San Diego assume all financial responsibilities for the project, including construction, operations and maintenance. Subsequent to approval of the agreement, the North San Diego County Transit Board has agreed to provide additional funding for the project. In order to formalize the increased funding, an amendment to the existing agreement is necessary. The following amendments to the agreement are recommended: SECTION 4, SUBSECTION 7 7. To contribute to the County a maximum of $2,000,000 for all relocation assistance service, design and construction costs for the PROJECT, excluding $100,000 of County’s design costs. NSDCTDB shall reimburse the necessary funds to the County within 30 days of request by the County. SECTION 4, SUBSECTION 8 8. To provide for all right-of-way costs with funds other than those provided under Section 4 (7). FISCAL IMPACT No City funding is required. EXHIBITS 1. Housing and Redevelopment Commisssion Resolution No. /e/ approving the first amendment to the agreement for construction of the Carlsbad Transit Center. 2. A copy of the Agreement for the construction of the Carlsbad Transit Center. 3. The first amendment to agreement between County of San Diego, City of Carlsbad, Carlsbad Redevelopment Commission and North San Diego County Transit Development Board for 5 g construction of the Carlsbad Transit Center. zi c” 5 II L ,Q 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 2i 27 28 RESOLUTION NO. 181 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE AGREEMENT FOR THE CONSTRUCTION OF THE CARLSBAD TRANSIT WHEREAS, the City Council, at their meeting of February 20, 1990 approved the agreement for construction and operation of the Carlsbad Transit Center; and WHEREAS, the North San Diego County Transit District Board has, subsequent to Council approval, agreed to provide additional funding for the project; and WHEREAS, an amendment to the existing agreement is necessary to formalize the new funding; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Housing and Redevelopment Commission authorizes the Chairman to execute the amended 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 on the 18th of December ) 1990, by the following vote, to wit: AYES: Commissioners Lewis, Larson and Nygaard NOES: None ABSENT: Commissioner Kulchin ABSTAIN: Commissioner Stanton LEWIS, Chairman AGREEMNT FOR THE CONSTRlkTION OF THE CARLSBAD TRANSIT CENTER THIS AGREEMENT IS HEREBY made and entered into this 919 9 by and between: day of THE COUNTY OF SAN OIEGO, 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 , I \ L THE NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD, a statutorily created transportation board, hereinafter referred to as "NSDCTDB". WITNESSETH 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 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 ' I 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. -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. 2 SECTION 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. 1 I \ \ 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, Review and inspection fees arising from 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 TeaRI. 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. To the extent permitted by law to waive all development, license, fiview and inspection fees arising fro/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. -4- 6. That the PRDJECT shall be owned by the NSDCTDB. 4 SECTION 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 \ 5 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 z&k 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. 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 COMUSSION and one representative each from the COUNTY, CITY and NCTDB. -5- 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, 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 NSOCTDB 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 omnission 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, CDWISSION 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' -6- including improveinent 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: COMMISSION: NCTDB: Director' Planning Department City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009 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 - I \ \ . , h-2 -I- IN WITNESS WHEREOF, the parties hereto have-caused this Agreement to be ex- ecuted as of the day first befdwritten. ATTEST DATE : 2bd90 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 FIRST AIIEHDMENT To AGREEMENT BETWEEN COUNTY OF SAN DIEGO, CITY O? CARLSBAD, CARLSBAD REDEVELOPMENT COMMIBSION AND NORTZ 8AN DIEGO COUNTY TRANSI% DEVELOPMENT BOARD FOR CONSTRUCTION OF THE CARLSBAD TRANSIT CENTER This First Amendment to the Agreement for the Construction of the Carlsbad Transit Center (County Contract No. 28696-A) is made and entered into this day of I 1990, by and between: The COUNTY OF SAN DIEGO, a political subdivision of the State fo California, hereinafter referred to as "COUNTY'f; 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, hereinafter referred to as "NSDCTDB". WITNESSETH: WHEREAS, the above parties entered into an Agreement (County Contract No. 28696-A) for construction of the Carlsbad Transit Center on March 13, 1990; and WHEREAS, the above parties now desire to amend the Agreement to specify additional funding responsibilities; NOW THEREFORE, it is mutually agreed that County Contract No. 28696-A is hereby amended as follows: 1. 'SECTION 4 NSDCTDB AGREES' SUBSECTION 7 IS HEREBY AMENDED TO READ: 7. To contribute to the County a maximum of $2,000,000 for all relocation assistance service, design and construction costs for the PROJECT, excluding $100,000 of County's design costs. NSDCTDB shall reimburse the necessary funds to the County within 30 days of request by the County. 2. "SECTION 4 NSDCTDB AGREES" SUBSECTION 8 IS HEREBY AMENDED TO READ: 8. To provide for all right-of-way costs with funds other than those provided under Section 4 (7). IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the month, day--and year above written. CITY OF CARLSBAD CARLSBAD REDEVELOPMENT COMMISSION BY: BY: Mayor Chairman ATTEST ATTEST BY: City Clerk BY: Secretary DATE: DATE: APPROVED AS TO FORM AND LEGALITY BY: City Attorney NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD COUNTY OF SAN DIEGO BY: Chairman of the Board BY: Clerk, Board of Supervisors ATTEST APPROVED AS TO FORM AND LEGALITY BY: BY: County Counsel DATE: DATE: 2