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HomeMy WebLinkAboutReso 1983-11181 RESOLUTION NO. 11181 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB), AND THE COUNTY OF SAN DIEGO FOR DEVELOPMENT OF CHULA VISTA "E" STREET TROLLEY 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 co oration, and THE METROPOLITAN TRANSIT DEVELOPSlENT BOARD (MTDB) an~ THE COUNTY OF SAN DIEGO, for development of Chula Vista "E" Street Trolley Station dated the ]st day of March , 19 83, a copy of which is attached hereto and incorporated herein, i'~ same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that Resolution No. 11147 adopting the original proposed agreement be, and the same is hereby rescinded. Presented by Approved as to form by /oln P. Lippitt, City George D.//Lindberg, City Attorne/ Engineer f- II1 t ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 1st day of March 19 83 , by the following vote, to-wit: AYES: Council~n Scott, Cox, Moore, McCandliss None NAYES: Councilmen None ABSTAIN: Co{~cilmen ~lcolm ABSENT: Councilmen Maybe City of Chulo Vista Sl,-,. E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION N0. lllB1 ,and that the some has not been amended or repealed. DATED (seal) City Clerk cc-6so / Chula Vista "E" Street Trolley Station (Project) THIS AGREEMENT IS HEREBY MADE AND ENTERED INTO THIS 1st DAY OF March , 1983 BY AND BETWEEN THE CITY OF CHULA VISTA, a municipal corporation of the State of California, ,~-/t/,~' / R-11181 hereinafter referred to as "CITY" AND The COUNTY OF SAN DIEGO, a political subdivision of the State of California, hereinafter referred to as "COUNTY" AND The SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD, a statutorily created transportation development board, hereinafter referred to as "MTDB" WITNESSETH: WHEREAS, the parties hereto have an 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 WHEREAS, the CITY has requested MTDB to review the potential of adding an LRT station at 'E' Street in Chula Vista, and WHEREAS, MTDB evaluated the proposal and specified criteria to be used in determining the feasibility of adding a station, and WHEREAS, the CITY requested the COUNTY to assist in the planning, funding and construction of the proposed station, and WHEREAS, the parties desire to define their responsibilities in planning, designing, constructing, operating and maintaining the proposed station, and NOW THEREFORE, CITY, COUNTY and MTDB agree as follows: SECTION 1 COUNTY agrees to: 1. Provide Local Transportation Fund (LTF) support to the project for preparation of alternative site study and environmental document. 2. Perform all study and design work necessary for the project. 3. Coordinate planning facility with the City's consul tant who is preparing a General Plan for the Bayfront. 4. Appoint County Supervisor to project committee. County Supervisor will act as officiating member of this committee. 5. Provide a project manager to oversee project and report to project committee. 6. Provide necessary staff support as required by the project manager during preparation of environmental documents, facility design, liaison, etc. for the project to the extent of available resources. 7. Submit studies, reports and design plans to CITY and MTDB for review, comments, and/or approval. 8. Act as 1 ead agency during the preparation and approval of a project environmental document. 9. Coordinate, through City, the Chula Vista Chamber of Conmnerce's interest in studying the feasibility of locating a new Chamber office at the "E" Street Station site. SECTION 2 CITY agrees to: 1. Provide staff input to COUNTY during process. 2. Provide technical information and staff support as required by the project manager during preparation of the environmental documents, facility design, right-of-way acquisition, and construction of the project to the extent of available resources. 3. Have staff review final studies and reports and submit them to City Council for information and/or approval. 4. Act as responsible agency during the right-of-way acquisition phase of project implementation, if agreed to by CITY and COUNTY. 5. Appoint a City Council member to represent CITY on project committee. 6. Coordinate the Chula Vista Chamber of commerce's interest in studying the feasibility of locating a new Chamber office at the "E" Street Station site. SECTION 3 MTDB agrees to: 1. Provide input to COUNTY during facility design plans and process. 2. Provide technical information and staff support as required by the project manager during preparation of environmental documents, facility design, right-of-way acquisition, and construction of the project to the extent of available resources. 3. Act as responsible agency during the right-of-way acquisition phase of project implementation, if agreed to by MTDB and COUNTY. 4. Operate and maintain the facility after construction is completed and accepted by CITY, COUNTY and MTDB, and provide ongoing funds for operation and maintenance. 5. Include project in the MTDB Transportation Improvement Program for FY 1983-84. 6. Have staff review the final project studies and reports and submit them to MTD Board of Directors for their information and/or approval. 7. Appoint MTD Board member to represent MTDB on project committee. SECTION 4 It is further mutually understood and agreed: 1. The project manager will supervise and manage the day-to-day preparation of all work associated with the implementaiton of the project. This shall include, but not be limited to securing consultant services, preparation of documents, designs, right-of-way acquisition, construction, liaison with other agencies, etc. 2. In the event of project termination or abandonment, the disposition of all real and personal property acquired for project shall be to the parties of this agreement in proportion to each party's financial contribution to the project. 3. That the participation and assistance of all parties to this agreement shall be noted in any published reports, statements, or records prepared by CITY, COUNTY, or MTDB, or their subcontractors as part of the project. 4. Facility design shall be acceptable to both CITY and MTDB. 5. Ownership of facility will be determined at a later date mutually agreeable to all parties, prior to r.o.w. acquisition. 6. That this agreement can be modified, altered, or revised with the written consent of the parties hereto. 7. That COUNTY, CITY and MTDB shall maintain full and accurate copies of records of costs expended with respect to all matters covered by this agreement. All such material 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. MTDB will be responsible for the overall or original set of records for the entire project. MTDB shall keep records for four (4) years from the date of final payment for inspection and/or audit by the State, County, City, or any authorized representative thereof. 8. It is agreed that each agency participatin9 in this agreement shall defend, 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 connection with its own performance under this agreement, or as the result of any negligent act or omission of any of its employees, agents, contractors or subcontractors. 9. To form a committee to give direction during the process, and make recommendations to the governing bodies of the three agencies. The committee will be composed of one elected official from CITY and COUNTY and one MTD Board member, to be chaired by County Supervisor. The County's Project Manager will provide staff services to this committee. Each committee member will act as liaison to his/her respective agency. 10. That in connection with the carrying out of this agreement, CITY, COUNTY and MTDB shall not discriminate against any employee or applicant for emplo3~nent because of race, color creed, sex sexual preference, age 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 or other forms of compensation; and selection for training, including apprenticeship. The applicable provisions of Executive Order 11246, relating to Equal Employment Opportunity by this reference are incorporated herein and made a part hereof. Wherever the word "contractor" appears in said Executive Order, it shall mean CITY, COUNTY, MTDB, or their agents. 11. That in connection with carrying out this agreement, CITY, COUNTY and MTDB agree to use best effort to see that minority business enterprises shall have the maximum practicable opportunity to participate in the performance of this agreement. As used in this agreement, the term "minority business enterprises" means a business, at least 50 percent of which is owned by minority group members, or, in case of publicly-owned businesses, at least 51 percent of the stock of which is owned by minority group members, are Blacks, Spanish or Spanish-speaking American persons, American-Orientals, American-Indians, American-Eskimos, and American A1 euts. CITY, COUNTY and MTDB may rely on written representa- tions by subcontractors regarding their status as minority business enterprises in lieu of an independent investigation. 12. That in connection with carrying out this agreement, CITY, COUNTY and MTDB agree to use best efforts to see that small business concerns shall have the maximum practicable opportunity to participate in the performance of this agreement. 13. That at the completion of the al ternate site study, design and construction feasibility of the project will be considered for approval by all parties to the agreement on the basis of evaluation factors such as specific site location, land acquisition costs, construction costs, etc. jo~oZ~ COUNTY OF SAN DIEGO TY OF CHULA VISTA May ty o9 Chula Vista (~.Cd~er~oard of Supervisors Approved.f~ ~---~"~-~--~t~_ APPROVED AS FORM AND LEGALITY eputy Cou Counsel SAN DIEGO METROPOLITAN T~NSIT DEVELOPMENT BOARD ~ve~end/or~uthorize~bY~heBoa~ B~~B efSupe~isomofffieC::n~yo~SanDieEo oard Approved~<:::~/ _/' - PW/DOT GARY-i/14/83 WPCO160T R - /