HomeMy WebLinkAbout1982-04-20; City Council; Resolution 6855.
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RESOLUTION NO. 6855
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A JOINT
POWERS AGREEMENT BETWEEN THE CALIFORNIA DEPART-
MENT OF FISH AND GAME AND THE CITY TO CONDUCT
EXCAVATION IN THE BUENA VISTA LAGOON.
WHEREAS, the California Department of Fish and Game plans to conduct
excavation in the Buena Vista Lagoon to remove deposit of silt caused by
flood damage; and
WHEREAS, the Department of Fish and Game has requested the City of
Carlsbad to prepare plans and specifications and administer construction
and contracts necessary to excavate the Buena Vista Lagoon;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Carlsbad, as follows:
1. That the above recitations are true and correct.
2. That the attached agreement labeled Exhibit A provide the
nececessary funds and authority for the City to proceed in preparing contract
documents and administering construction contracts on behalf of the State
Department of Fish and Game necessary to excavate the Buena Vista Lagoon.
3. That the agreement attached as Exhibit A is approved and the Mayor
is authorized to sign on behalf of the City.
PASSED, APPROVED AND ADOPTED by the City Council at a regular meeting
held on the 20th day of April , 1982, by the following vote to wit:
AYES : Council Wers Packard, Casler, hear, Lewis
NOES : NOIE
ABSENT: Council Member Kulchin
RONALD C. PACKARD, Mayor ATTEST :
h
chk.&-CL 8. 6-<&b
ALETHA L. RAUTENKRANZ, City Clerk \
(SEAL)
JOINT POWERS AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND THE
CALIFORNIA DEPARTMENT OF FISH AND GAME
TO CONDUCT EXCAVATION IN THE BUENA VISTA LAGOON
THIS JOINT POWERS AGREEMENT is entered into this 1st day of
March, 1982, between the CITY OF CARLSBAD, a municipal corporation,
hereinafter referred to as "City", and the CALIFORNIA DEPARTMENT OF
FISH AND GAME, hereinafter referred to as "Department".
WITNESSETH: -----------
WHEREAS, the Department is the owner and administrator of a large
portion of the Buena Vista Lagoon Ecological Reserve and plans to excavate
portions of the Buena Vista Lagoon to remove deposit of silt caused by flood
damage, increase the wetland resource values of the Reserve; and
WHEREAS, the Department intends to accomplish flood damage repairs and
habitat restoration called the Buena Vista Lagoon Restoration Project, Phase 1
Excavation and Dredging and Phase 2 Additional Excavation; Removal and Final
Restoration Work, hereinafter referred to as "Project" as soon as possible
and intends to excavate and dispose of sediment from the Lagoon; and
WHEREAS, the City, as the local government jurisdiction, has been
instrumental in seeking appropriations to remove the sediment and to prevent
further sediment. transport into Buena Vista Lagoon; and
WHEREAS, the City will work cooperatively with the Coastal Conservancy
to construct sediment basins; and
WHEREAS, it would be expedient for the Department to utilize the City's
resources and local administrative capabilities to expedite the Project; and
WHEREAS, the Department and City, in an effort to coordinate construction,
have determined that it will be to the mutual benefit of both Parties to
accomplish the Project under City contract; and
WHEREAS, the Department
Powers Agreement pursuant to
WHEREAS, the Department %.
and City are authorized to enter into Joint
Government Code Sections 6500 et seq.; and
and City desire to set forth their respective
rights and obligations concerning the Project;
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, IT IS AGREED AS
FOLLOWS :
1. Department shall :
a.
b.
C.
d.
e.
f.
g.
Provide conceptual plans to be used by the city to formulate
final construction plan and specification suitable for obtaining
bids for construction of the Project.
Obtain all permits required to accomplish Project.
Be responsible for and reimburse the City for costs of con-
struction engineering, administration, and actual Project
construction. The preliminary estimate for the total cost of the
Project is Nine Hundred, Ninety Thousand dollars ($990,000.00)
including engineering and administration costs.
Name an authorized representative for the Project.
Authorized representative to provide City written approval of
final construction plan and specifications prior to advertisement
for bids for the project.
Authorized representative to provide City written approval to
award contract within ten days of Project bid opening.
Review and if found acceptable, approve the Project "As Built"
plans and specifications, project costs, and authorize filing of a
Not ice of Completion for the project.
2. City shall:
a. Assemble documents necessary to secure bid proposals.
b. Advertise for bids.
c. Provide contract administration and construction engineering for
the Project.
d. Furnish Department final cost estimate for Project based on actual
bid results.
e. Furnish Department reproducible "as-built" plans of the Project;
and file a Notice of Completion for the Project after final
acceptance of the work.
f. Arrange contract documents for disposal of sediment materials.
g. Be responsible for accounting for all costs of construction
engineering, construction and administration.
3. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT:
a. The Department shall advance.to the City the amount of Nine
Hundred, Ninety Thousand Dollars ($990,000.00) UPOR written
request of the City, following final execution and approval of
this agreement by the State. Said amount is the estimated total
cost of the Project. See exhibit A for Project cost estimate.
The actual cost to Department of constructing Project shall be
computed as follows:
(1)
b.
Final Project cost based on contract unit prices and actual
quantities of items.
Costs incurred for any disposal site and transport: and
placement of excavated material to be disposed of.
Actual cost of or not to exceed 7% of contract bid price.
(a) Contract design engineering.
(b) Contract administration.
(c) Construction engineering.
(2)
(3)
'L . 0
c. If bid prices exceed available Department funds for the Project,
($990,000.00 advance to City per paragraph 3a above, plus interest
credited to account as required in following paragraph 3e), the
quantity of material to be excavated may be reduced or the scope
of the Project changed accordingly.
City may make monthly progress payments to contractor for Project
construction items actually completed.
City will deposit and hold Department payment in a separate
interest bearing account to which shall be credited all interest
earned.
expenditures made from said account, including identification of
d.
e.
City will maintain a complete and accurate record of all
the recipients and the purposes therefor, and will provide the
Department with a bimonthly report on the status of the account.
A detailed financial accounting will be included in the final
project report from City to Department. Upon completion of the
Project, any funds remaining in said account following reiinburse-
ment to City under Paragraph 3b above and final payment to con-
tractor, shall promptly revert to the Department.
f. City shall retain all documents used to prepare accounting reports
throughout the qrm of this agreement and for a period of three
years thereafter, and shall make same available to the Department
or the State Auditor General for review upon reasonable request
during said period.
Department has complied with California Environmental Quality Act
(CEQA) requirements under section 15071 of the CEQA Act, as
follows:
15071. The following emergency projects are exempt from the
requirements of CEQA, and no EIR is required.
g.
h.
I.
j.
k.
0 0
Projects undertaken, carried out, or approved by a public
agency to maintain, repair, restore, demolish or replace
property or facilities damaged or destroyed as a result of a
disaster in a stricken area in which a state of emergency has
been proclaimed by the Governor pursuant to Chapter 7
(commencing with Section 8550) of Division 1, Title 2 of the
Government Code.
Emergency repairs to public service facilities necessary to
maintain service.
Specific actions necessary to prevent or mitigate an
emergency.
During construction City shall assign a qualified inspector
to the Project who will use his best effort to insure that
construction is accomplished in accordance with the plans and
specifications. The work, however, shall be subject at all
times to inspect ion by authorized representatives of both
parties.
Change orders will require written approval by the authorized
representative of the Department. In case of urgency,
however, verbal approval by the authorized representative of
the Department noted in Paragraph Id above shall be provided,
followed promptly by written confirmation.
City shall file a Notice of Completion for the Project after
final acceptance of the work.
Department shall, insofar as it may legally do so, indemnify
and hold harmless City and its officers and employees from
any damage or liability arising from any errors, omissions,
or negligence in Department's performance of this agreement.
.. I.
1. City shall, insofar as it may legally do so, indemnify and
hold harmless Department and its officers and employees from
any damage or liability arising from any errors, omissions, or
negligence in City's performance of this agrement.
Any equipment purchased by the city with funds provided by the m.
Department for use by the City during the tern of the Project
shall be promptly reported to Department and shall become the
property of Department. Should this agreement be terminated
for any reason, or upon its expiration, all such equipment
shall be promptly turned over to the Department.
of this agreement, equipment shall be defined as a1 1 movable
articles of non-expendable property which has: (I) A normal useful
For the purposes
life including extended life due to repairs, of two years or
more; (2) an identity which does not change with use, i.e., it is
not consumed by use or converted by fabrication into some other
form of property; and (3) an approximate unit cost of One Hundred
Fifty Dollars ($150) or more.
n. This agreement may be amended by mutual written consent of the
parties hereto.
0. Unless extended by written amendment, the term of this agreement
shall commence March 1, 1982 and continue through January 1, 1985
or until the State certifies in writing that the Project is
complete and that the City has satisfied its obligations,
whichever occurs first.
p. The attached Fair Employment Practices Addendum pertains to this
agreement and is made a part hereof, with all references to
contractor" understood to mean the City. The City shall include I1
the fair Employment Practice Addendium in any subcontracts.
IN WITNESS WHEREOF, we have entered into this Joint Powers Agreement on
the day and year first above written.
CITY OF CAIUSBAD
ATTEST: CALIFORNIA DEPARTMENT OF FISH AND
\\\'I .. GAME
-.
Exhibit A
Cost Estimate for Buena Vista Lagoon Restoration Project
1, Phase I
Project Mobilization
Excavation - $5/cy-est. 80,000 yards
and restore islands
2. Phase 11
Excavate additional $5/cy 80,000 yards
finish islands, remove haul causeways
3. City Design, Contract Administration and inspection
4. Contingency
Total
$ 40,000
400,000
450,000
63,000
37,000
$ 990,000
.. .. . ._ .. .. ..~. I .. .....
1. .
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amaction vith thc perfanuance uf aork PDda this fIPtmct, tbe Contraetar egrees - follovs:
la Contractor will not VillfuUy dixrlsrLMtt against any rJployce or aFpl.icant fer eeploysent because of mce, color, religion, ancestry, sex. age, or national ?It Contractor will take afZkztlve ection to ensure that applicants are enployed, ~d that pmployees me treated during employment vlthout regard to the%- =, dr, rellqion, ancestry, sex, %e, or natiod origirr. &a; recruitaeat or recruitmePf ajvcrtisicg, layof3 N tednation; rates of pay or other fonaj of canpensation; and selection for training, including apprentic--
3. Z?m Contractvr agrees to post In conspicuous piaces, availsble to eatpbyees 4 eppUCents for employment, notices (Std. Form 809) to be provided by the award-
Such actlon sbll include. h2t not be lhlted to, the following: Employment. upgrading, demotion or
mty scftiog forth the pruvlsioa?r of this Fair %plopr.ent Practices section.
Contractor vill sed to e- "labor unlm or representative of vorha vith wNch he bas a collective bargaining agreement or other contract or understanding, mtlo?! to lator oaiolrp, Std. Form a, to be provided by the warding autbrity, adrising %be said labor union or workers' representative of the Contractor's corn- - under tbia section, & s- * copies of the notice in conspicuoo4 places arsFLable to employees and applicants for employment.
!me Cmtractcr uill permit LICE- to Ns records of employment, enplow adve*is"ts, applicatfon forms, and other pertlnent data and records by ths Pair pr&tces Cok?Pission, the -ding autkorlty or e3y other apaoprkate qexy of ttr State of Callfomla desipated by the avardlng authority, for the pmar of investlgatica to ascertzda ceiann wlth ttte Fak Enplowent Practices seetien of thfs cO;?tract.
A mfng of ylllful violatiou Oe the Pair ZiqaIopwznt Practices section of this coa+ract or of tho Fair Dnplopnt Practices Act shall be regarded by the awarding Mw m a basil fcn detensinicg a Contractor to be not 6 "responrlble bidder" 8s to zutrvs contrscts for vhlch such Contractor may subdt bids, for revoking the
IL-W'S p~lc&lan rstina, X any, ad for rezina to esteblish, reertablfsh, or renew a prequalification rating for the Contractor.
-s zb -e ccd. SKI- 1- or ob- M injunction under Lbar b3e Section lk3.
BP myt of -31 mitten notlce f!rcm the Fair EWiOx=nt PraetfCeS CcrmrrZssion, tbt
E sa=lsZaction oi tbs mdb8 -ty vlthin (L st.ted Period that t& ridlstion has been corrected, his prequdiflcation rating vlll be revoked at tht expiration
-- m-ty deer0 of vilL?it ViUtfOo of the Fair Eapl0-t Prseticcs Act to have ocCUp?zd u-n receipt of written notice from the Fair
-*siw tbaf 2% a b-a&& d Ctcterndned tbt the Cont-sctar har ~ia~ted the Fsir &plopnt Ractlcas Act end has issued QII order
aufborfty shall notify the Contractor that unless he demonstrates to
period.
D Zh Contractor am that sbdd tba authority deta" tlwt the Contractor bas nat complied vlth the Pafr Employment Practices section of this contract, sa pl-t to L.tor We Section 2735 Md lm, tbe Contractor shall, 85 e penalty to tht avardlng authority, forfeit, for each calendar day, or portion thereof, for zh ppson nbo vns 2uIad esplow?d. as a result of such mccm.pliance, the ~naltirr provided
3
the Labor Code for violation of prevailing wage rates. Such monies ba -vend tlm Coatractcn- 'fhc euardlng authority my &duct any such dvs fkn any monies d=e the Contractor from the State of California.
iiotht4 contained in thfs Far& -loment Practices sactiax a- ke mnrtzued in any "e- or fashion so a8 to prevent the awarding authority o? the State
<?st Jot- co&ained in thts Fair blomeat Practices Hctiwa shall ba co- in .n;* -er or fashion so as to require or permit the hiring of an employee t wtted by *be hstional L&@z ?3=latlozts Act.
1 W2r to avrVa of the contract, *be Ccatnutor SkaU Certl'r to tbc aaallng "rl%y tbat ha has or will meet the follovlng standards for affirmative compliance,
[a) The "tractor shall pnrrzje evidence, as required by the
C*SiioraFa frca -ausring any othr rmedles that w bc avallablt at lav.
Jsn CdU be ersluatcd each Carje bJ thc avardlllg %UthOrlty:
authority, tbat he has notified all supervisors, forenen, and other personnel officers in t- of tb ccakut of the antt~scrlmlnetion clause and tbelr respnsibilities under it.
{a) The Contractcr shall PrcwMe evidence, as re- W the award- autbrlty, tbt he has Mtified all sources of employe& referrals (including unions, employ- -& sqertcies, adratiscments, lkpsrment o? Si- Retavces &=lomeat) of the ccxttent of the auti-discrimination clause.
<e) PemOFally, or thruugk b5¶ rrpresmtatlves, the Contractor Sbsll, thrm& mgotiations vith the unions vith whom he has agreements, attempt to develop en mch uU1:
SpeU oat respnsibllificl for non-dfscrlafratfon in We, referral, upgrading, and training.
Othprvisa iqplment en SPXiEastiVt aati-dlscatlon w in tenW of th ~ons' epcciflc aress of syll and geography, to the end that qualified minority
1.
2. zdrma ulll bs aa%hble end &em an equal omorhmlty for emplopwstt.
3 ~lfieation.
31 'pbt Contracfor VlU include +Bc prorisiolu of tha forcgofng Paragrapzrr 1 thmqh 7 io ewry fint tier subcontract, so that such provisions will be binding upon each * !mwontnanr.
&I) The CoPtractor SW mtPCy the Contrsctine of O€WSition to the ani.l-dttalm%nation clause by Individuals, firms, or organizations during the period of
(Sblt ball otbrr eontrsds) .
. 'To the prfarmezu of thla ce, tbe Conttractor vill not &lscrimirpste agelnst any e!nployee or applicant for euployment because o? race, color, religion, ancestry, a, age*, or uztioosl origin.
l%+hart reg& to their race, cob, religion, ances+-rJ, Sex, age, or nat%anal or-.
Hi=, deuutlon or transfer; necruitmnt or reclpltment advertising; layoff or ternLo+tion; rates of pay or other foms of compensation; and selection for training,
-1~kdlns appl*lstlceship.
'&e Cuntractor will ?&e afflrmat1P.c actZcn to enswe that applicants ere employed, and that employees are treated Curing employment, employment,
The Cix2Czzctor shall post in conspicuous places. avahble to ezployees and applicants for employment, notlces to be provided by t!m State
Sach action ahall include, but not be limited to, the following:
forth tSe mvlsions of this ?air Employment &actices scetlon.
!- Z?x Contractor ulll permit to his records of employmemt, enpkmt Sbmtisrrnts, application forms, and other pertinent data and records by the State Fair Zapb"t AacUcea Commlssion, ch any otber weccy of the State or CdWnnla i3eslwted by the avardiq authority, for the purpose of lsvestigatlon to ascertain con-
&- vlth the PatrEmployment eSactlcn section of thls contract.
I. Mies tor YLLLtul Vlolstiol.;
[e) Tbe StaLc m.y determine a rilllul YiOl4tioU of the Pals' -lo@ PraCefces mion to Pave occurred upon receipt or a final :udpnt having that effect fra~
8 CcL* %n sn actfon to \;irlch Contractor wes a 'party, or upon receipt of a e-tzm notice from the Fair Employsent Ractlces Comsslcn that it has 1nvestlpa:ed and cktermined that the Csntrator has violated the Pair Orploygnt Rstices or obta'd an inJunctiam urcdrr labor Code Section l'r2p.
(b) Fbr vllllbl violation of thir Fair hployn~nt Practicas p?vislon, the Pate ->ell bvc the rlght to tednate this contract either in vhole or In Part, and any lour or dw swstaincd OY the State in senufng 3% gds or services kereunder shall be borne and paid for by the Contractor and by hi3 surety urder thl F-7- : io- bond, if any. ad the State my dact fma any monies he or tbat thereafter nay beeone due to the Contractor, the difference betvern the Prlcs n*med in tb ccatrect and the actual cost thereaf to the State.
ard has iszued an order, under hbor Code Section il26, which has become Plnal,
* Tt lo ualsuful mployment pmctke for M emplorcr to refuse to Mre m employ, ur to dfachg-ga, disaisa, reduce, suapcnd, or dmote, at b~ and 6L solely on the gxuumi of we, ...* (Labor code Seet~orr la20.1)