HomeMy WebLinkAbout1985-04-16; City Council; Resolution 79834
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RESOLUTION NO. 7983
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF
CARLSBAD AND CALTRANS FOR INSPECTION SERVICES OF THE
CARLSBAD BOULEVARD BRIDGE - CONTRACT NO. 3098
WHEREAS, the California Department of Transport ation will perform bridge
inspection on Carlsbad Boulevard; and
WHEREAS, the California Department of Transportation will perform the
inspection services; and
WHEREAS, the City is required to deposit $22,000.00 with Caltrans;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That an agreement between the City of Carlsbad and the California
Department of Transportation for the inspection services of the Carlsbad
Boulevard Bridge, a copy of which is attached hereto marked "Exhibit A" and
made a part hereof, is hereby accepted.
3. That the Mayor of the City of Carlsbad is hereby authorized and
directed to execute said agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 16th day of April , 1985 by the following vote, to
wit:
AYES: Council Makers Iewis, Kulchin, Chick and Pettine
NOES : None
ABSENT: Council Eert-hr Casler
MARY H. CASLER, Mayor
CLAUDE A. LEWIS, Mayor Pro Tem ATTEST :
ALETHA L. RAUTENKRANZ, Cit
(SEAL )
Contract No. 11-0336
Sheet 1 of 4
Br. No. 57C-133
BRM-SlOl(9) M-SlOl(l2)
day THIS AGREEMENT, made and entered into on this of , 1985, by and between the City of Car'lsbad a body
Pollti c and a municipal corporation of the State of' California hereinafter referred to as "LOCAL AGENCY", and the STATE OF
CALIFORNIA, acting by and through the Department of Transportation, hereinafter referred to as "STATE".
WITNESSETH
WHEREAS, LOCAL AGENCY contemplates improvement of Carlsbad Boulevard at Agua Hedionda Lagoon, bridge replacement hereinafter referred to as "PROJECT"; and
WHEREAS, LOCAL AGENCY has requested and STATE is willing to furnish engineering services for said PROJECT provided all costs
incurred by STATE on behalf of LOCAL AGENCY are borne at the ex- pense of LOCAL AGENCY; and
WHEREAS, LOCAL AGENCY and STATE desire to specify herein the conditions under which State services are to be provided for and financed.
NOW THEREFORE, in consideration of the covenants and condi-
tions herein contained, the parties hereto agree as follows:
3
Contract No. 11- 0336 Sheet 2 of 4
SECTION I
STATE AGREES:
To perform the following engineering services as authorized by Section 822.5 of the Streets and Highways Code. . Provide construction engineering services, by furnishing the resident bridge engineer and an assistant bridge engineer. . Provide commercial products inspection for construction phase of PROJECT.
Prior to commencement of engineering work by STATE personnel, to establish a special account to accumulate all related expenses and charges for all work performed on behalf of LOCAL AGENCY pur- suant to this Agreement.
Immediately following execution of this Agreement, to submit to LOCAL AGENCY, billing in the amount of $22,000.00 which figure represents LOCAL AGENCY'S advance deposit to finance the total estimated cost, less anticipated Federal reimbursement, of engi- neering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement.
Upon completion of the PROJECT to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement.
Contract No. 11- 0336 Sheet 3 of 4
SECTION I1
LOCAL AGENCY AGREES:
To do all work necessary for the successful. completion of the PROJECT except for that work which STATE has agreed to perform in SECTION I of this Agreement or by separate agreement.
To deposit with STATE, in advance and within 14 days of receipt of billing therefor, the amount of $22,000.00, which figure re- presents the total estimated cost, less anticipated Federal reim- bursement, of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement.
Upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined here-. inbefore, required to complete LOCAL AGENCY'S cost pursuant to this Agreement. Actual cost to LOCAL AGENCY for work performed by STATE on behalf of LOCAL AGENCY as defined hereinbefore in SECTION I, Article (4) will be determined upon completion of all such work and final accounting of all related charges, and shall be a sum of the following:
Salary costs computed in accordance with STATE'S standard accounting procedures.
Travel and per diem expenses including charges for the use by such employee of STATE vehicles, if required in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706.
Functional indirect and administrative overhead costs computed in accordance with STATE'S Accounting Manual Chapter 11, Table 6-2.
Contract NO. 11-0336' Sheet 4 of 4
SECTION I11
IT IS MUTUALLY UNDERSTOOD AND AGREED:
3)
IN
That, LOCAL AGENCY may, at any time, or for any reason, terminate STATE'S services immediately and shall notify STATE in writing of such termination.
That LOCAL AGENCY will indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by STATE personnel within the scope of
this Agreement
That should any portion of the project be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall
apply, notwithstanding other provisions of this Agree- ment *
WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly author- ized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written.
STATE OF CALIFORNIA CITY OF CARLSBAD Department of Transportation
LEO J. TROMBATORE B Director of Transportation
BY Chief Deputy District Di rector Project Development
Attest City Clerk