HomeMy WebLinkAboutReso 1984-11622
RESOLUT ION NO. 11622
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND THE COUNTY OF SAN DIEGO FOR CONSTRUCTION
AND OPERATION OF THE CHULA VISTA BAY FRONT STATION
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista that that certain agreement between THE CITY
OF CHULA VISTA, a municipal corporation, and THE COUNTY OF SAN DIEGO
for construction and operation of the Chula Vista Bayfront Station
dated the 15th day of May , 198 4, a copy of which is
attached hereto and incorporated herein, the same as though fully
set forth herein be, and the same is hereby approved.
BE IT FURTHER
Chula Vista be, and he
execute said agreement
Vista.
RESOLVED that the Mayor of the City of
is hereby authorized and directed to
for and on behalf of the City of Chula
Presented by
Approved as to form by
,
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\/~/ , .;
~./Iz/')/,/,&/v!h'l v2$c)v
./ Thomas J. H'arron, City
At torney
~
n P. LipPltt, City
gineer
:HULA VISTA, CALIFORNIA, this
9 84
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
15th day of May
, by the following vote, to-wit:
~YES:
Councilmen
McCandliss, Scott, Malcolm, Cox, Moore
..,AYES:
~BSTAIN:
~BSENT:
Councilmen
None
CoI.fIcilmen
None
Councilmen
None
Me
ATTEST ~,;<:0t~A;Aj'
(/ City Clerk
/l.a,
the City of Chura Vista
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 11622
,and that the same has not been amended or repealed.
DATED
City Clerk
( seal)
CC-660
.
~ R turn To~
I"\~ase e
Pulasz. CitY Oerk
Jennie M.
p O. "Box 1087
. . California 92012
Chub Vjsta,
Doc. No.
Chula Vista Bayfront'
Trolley Station (Project)
"
THIS AGREEMENT IS HEREBY MADE
AND ENTERED INTO THIS 15th
\
DAY OF
May
, 1984
BY AND BETWEEN
THE CITY OF CHULA VISTA, a
body politic and a municipal
corporation of the State of
California, hereinafter
referred to as "CITY"
AND
The COUNTY OF SAN DIEGO, a
political subdivision of the
State of California, herein-
after referred to as "COUNTY"
WIT N E SSE T H
WHEREAS, the parties hereto have a regionwide interest in offering better service
to existing public transportation users, in providing improved accessibility to
increase the potential travel market for which transit can compete and to increase
the operating efficiency and effectiveness of existing transportation systems,
and
R- 11622
ccuwry CONTRA,CT_~
lUMBER '70 (,/3
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,
WHEREAS, the above interest can be achi eved regi onwi de by provi di ng for the con-
'lenient transfer of passengers between all transportation alternatives, and
WHEREAS, the provision of an LRT Station at E Street in Chula Vista will increase
the use of publ ic transportation by improving connectivity between transportation
alternatives, thus encouraging greater transit operating efficiencies, increaSi~
.,.
both public and private vehicle occupancy, and increasing local and regional acces-
sibility for the public, and
WHEREAS, provision of an LRT Station at E Street in Chula Vista will be an integral
and important component of the transportation plan for the Chula Vista Bayfront
development area, and
WHEREAS, an LRT Station at E Street will provide access to the regional public
transportation system for a projected 3,200 workers and touri sts in the Bayfront
development area, and
WHEREAS, an LRT Station at E Street will enchance access to the regional publ ic
transportation system for existing development in the vicinity of the station,
and
WHEREAS, the provision of an LRT Station draws all transportation alternatives
into an effective, usable system which enables each alternative to feed the others,
thus enabl ing economies of scale to begin to take place as each transportation
alternative begins to serve that portion of the travel market which it can serve
most effectively, and
WHEREAS, the efficient and effective use of all transportation alternatives will
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result in the regi onwi de enhancement of air quality, reduction of roadway conges-
tion, lower roadway maintenance costs and a reduced dependence on the private
auto as the prime transportation alternative, and
WHEREAS, the citizens of the State of California in general, and more specifically,
\
the San Diego region would benefit from the increased connectivity between local
and i nterregi ona 1 transportati on a lternati ves by increased accessi bil ity, lowered
operating costs, lessened auto driver and transit passenger frustration, and fewer
vehicular accidents associated with traffic congestion as a result of implementation
of an LRT Station at E Street in Chula Vista, and.
WHEREAS, the parties hereto have expressed a desire to participate in the imple-
mentation and operation of an LRT Station at E Street in the City of Chula Vista,
and
WHEREAS, the parties hereto have agreed upon a mutually acceptable concept design
for such a station:
NOW THEREFORE, in consideration of the covenants and conditions contained herein,
the parties hereto agree as follows:
SECTION r
COUNTY AGREES TO:
1) Provi de a project manager who reports to the Project Steeri ng Commi ttee (PSC),
and to provide other staff support to insure continued, cooperative,
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comprehensive coordination for the implementation of an LRT Station at E Street
in the CITY of Chula Vista, hereinafter referred to as the Bayfront Trolley
Station (BFTS).
2) Appoint one County Supervisor to a project steering committee (PSC). County ,
Supervisor will act as officiating member of this committee.
\
3) Act as the lead agency in the preparation of documents, facility design, right-
of-way acquisition, and construction.
4) Provide TDA fund support to the extent of 50 percent of the BFTS total develop-
ment costs of $3.4 million.
5) Submit the BFTS in the MTDB Transportation Improvement Program and San Diego
Regional Transportation Improvement Program.
6) Utilize the PSC to review plans, projects and procedures
7) Share ownership of the facility equally with the CITY.
B) Share operating and maintenance costs equally with the CITY for that portion
of the facility outside the SD & AE right-of-way.
9) Share revenue from leases equally with the CITY.
SECTION 2
CITY AGREES TO:
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1) Appoint a City Council member to the project steering committee (PSC) and provide
a project coordinator who shall coordinate the CITY's responsibilities and
report to the PSC.
\
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2) Submit all project input through the PSC and the project manager to insure
continued, cooperative, and comprehensive coordination during implementation
of the BFTS.
3) Act as the responsible agency, if required, during the right-of-way acquisition
phase. This would include initiation and administration through the PSC,
and condemnation proceedings, should any such proceedings be necessary.
4) Act as the lead agency in obtaining environmental approvals.
5) Provide necessary staff support as required by the project manager during
preparation of environmental documents, facility design, right-of-way acqui-
sition, and construction liaison.
6) Allow the COUNTY to act within CITY's jurisdiction according to Section 99400.5
of the Public Utilities Code in implementing the BFTS.
7) Provi de fundi n9 to the extent of 50 percent of the BFTS total development
costs of $3.4 million.
8) Make its share of the funding of the total development costs available to
the COUNTY within 30 days from submittal of invoice by the COUNTY.
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9) Share ownership of the facility equally with the COUNTY.
IO} Share operating and maintenance costs equally with the COUNTY for that portion
of the facility outside the SD & AE right-of-way.
\
II} Share revenue from leases equally with the COUNTY.
12} Provide management for operations and maintenance, and administration of leases.
SECTION 3
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED:
1) That project management for facility implementation shall be the responsibility
of the COUNTY.
2} That the project manager wi 11 supervi se and manage the day-to-day operation
of all work associated with the implementation of the BFTS. This shall include
but not be limited to securing consultant services, preparation of documents,
designs, right-of-way acquisition, constru.ction, liaison with other agencies,
etc. The above will be in conformance with the approval of the project steering
committee.
3} That project direction shall be accomplished with a project steering committee
{PSC} with one representative each from the COUNTY and CITY. The PSC shall
periodically review the progress of the project, and make policy determinations
1Z--llt )-1.-
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as necessary. The COUNTY's project manager and the CITY's project coordinator
wi 11 provi de staff servi ces to thi s committee. Each committee member wi 11
act as liaison to his/her respective policy body.
4) That costs incurred as a result of "staff servi ces" as used in thi s agreement
. \
are those costs which are directly attributable to services required for project,
>
management's preparation of environmental documents, design plans, specifi-
cations, bid documents, right-of-way acquisition, construction, and preliminary
operation.
5) That all total development costs wi 11 be supported by funds to be provi ded
equally by the COUNTY and the CITY. The COUNTY shall manage the payment of
all total development costs incurred by the CITY and the COUNTY. That COUNTY
funds shall be expended prior to expenditure of CITY funds. That reimbursement
of costs may be subject to revie~ by the PSC. All particulars necessary for
evaluation of the necessity of incurring such costs shall be provided in a
request for reimbursement.
6) That the CITY and COUNTY will jointly seek MTDB agreement to operate and
maintain that portion of the facility outside the SD & AE right-of-way.
7) That in the event the project preparation -or the facility implemented in this
agreement is abandoned for public use, the COUNTY and the CITY will be claimants
on recovering their investments from the project termination or facility abandon-
ment in proporti on to the amount of thei r respecti ve investments. A
determination of abandonment or termination shall be agreed to by the PSC.
8) In the event of project termination or abandonment, the disposition of any
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property on whi ch the fad 1 ity will lie shall be in comp 1 i ance with the terms
and conditions of the agencies from which the funds were received to implement
the BFTS.
9) That the activities of project management shall include
from the transit operators to use the completed facility.
shall be awarded according to the law applicable to CITY.
securing Agreements
. \
All operator leases
>
10) That any pub 1 i shed reports, statements, or records, prepared by CITY, COUNTY,
or their subcontractors as part of the BFTS shall contain a credit sheet noting
the participation and assistance of all parties to this Agreement.
11) That this Agreement can be modified, altered, or revised with the written consent
of the parties hereto.
12) That CITY and COUNTY shall maintain full and accurate copies of records of
costs expended with respect to all matters covered by this Agreement. All
such materials and data shall be kept available at their respective offices
at all reasonable times, and for four (4) years from the date of final payment.
The ori gi na 1 record of costs shall be forwarded to the COUNTY. The COUNTY
will be responsible for the overall or original set of records for the entire
project. COUNTY shall keep records for four (4) years from the date of final
payment for inspection and/or audit by the STATE, CITY, COUNTY, MTDB, or any
authorized representative thereof.
13) That all financial, statistical, technical or other data and information relating
to the operations of CITY or COUNTY, which is designated confidential by them
and made available to another member of this Agreement in order to carry out
/2-//62--2-
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thi s Agreement, will be protected by these members from unauthori zed use and
disclosure through the observance of the same or more effective procedural
requirements that are applicable to the originating member. The identification
of all such confidential data and information, as well as the agency's procedural
requirements for protection of such data and information from unauthorized
use and disclosure will be provided in writing by the agency to the othe\
members. The COUNTY or CITY shall not, however, be required to keep confidential
any data or information which is or becomes publicly. available, is already
rightfully in the organization's possession, is independently developed by
the organization. or is rightfully obtained from third parties properly
authorized to possess such data.
14) It is agreed that each agency participating in this Agreement shall indemnify
and hold harmless each other participating agency from all demands, actions,
liability or loss which may arise, from or be incurred as the result of injury
or damage to persons or property in connecti on with the performance of th is
Agreement.
15) That requirements for all contracts shall be determined cooperatively. No
contract shall be let or awarded without review or approval by the project
steering committee, however, actual letting of contracts shall be the.responsi-
bility of the COUNTY.
16) Patent Rights: That parties to this Agreement hereby mutually agree that,
if patentable di scoveri es or inventi ons shoul d result from work herein, all
ri ghts accruing from such di scoveri es or inventions shall be shared equally
by the CITY and the COUNTY. However, CITY and COUNTY agree to and do hereby
grant to all state and local transportation departments, and all participants,
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and the United States Government, an irrevocable, nonexclusive, nontransferable,
and royalty-free license to practice each invention in the manufacture, use
and disposition--according to law--of any article or material, and in the use
of any method that may be developed as part of the work under this contract.
.,.
'.
,
17) That in connection with the carrying out of this Agreement, CITY and COUNTY
shall not descriminate against any employee or applicant for employment because
of race, creed, sex, or national origin. Such action shall include, but not
be limited to the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including appren-
ticeship.
The appl icable provisions of Executive Order 11246, relating to Equal Employment
Opportunity by thi s reference are incorporated herei n and, made a part hereof.
Wherever the word "contractor" appears in said Executive Order, it shall mea'n
CITY or COUNTY, or their agents.
Attest:
COUNTY OF SAN DIEGO
BY_~~ /J, f~
Ass't Clerk ,Board of Supervisors
ROBERT D. ZUMWALT, County C19~k
Attest: ~_ --J-:-:-~ _}.,.. 't" o. !I L
. Deputy of the Board of Supervi sors
APPROVED AS TO FORM AND LEGALITY
BY C L~L.cd- ;(Y. C cJ1?
APPROVED AS TO FORM AND LEGALITY
BY
pproved andlor authorized by the Board
.f Supervisors of the Count'1 n1 San Diego
MAY 29 1984 ;JF5Jf
3/3-001
~p8ew~
Clerk of the Board of Supervisors
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