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Home My WebLink About1987-04-28; City Council; Resolution 9029i ' 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A JOINT POWERS AGREEMENT BETWEEN THE CITY AND THE CALIFORNIA DEPARTMENT OF FISH AND GAME TO IMPROVE NESTING HABITAT ON THE ISLANDS IN THE BUENA VISTA LAGOON WHEREAS, the California Department of Fish and Game desires to provide suitable bird nesting habitat on the islands in the Buena Vista Lagoon; and WHEREAS, the City of Carlsbad is able to prepare improvement plans and specifications and administer the necessary construction; and WHEREAS, both the Department of Fish and Game and the City of Carlsbad will jointly cooperate in implementing ecological improvements to the Buena Vista Lagoon islands; 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 the Joint Powers Agreement between the City of Carlsbad and the California Department of Fish and Game, hereto attached, is hereby approved. /// /.// /// /// /// /// /// /// 11 1: 1; 1: 11 l! It 1: 1Z 15 2c 21 22 22 24 25 26 27 28 0 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 9 Carlsbad City Council held on the 28th day of April 1987 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: CLAUDE A. -LEWIS, Mayor ALETHA L. RAUTENKRANZ, Citl Clerk (SEAL) A t .. e JOINT POWERS AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CALIFORNIA DEPARTMENT OF FISH AND GAME TO CONDUCT EXCAVATION IN THE BUENA VISTA LAGOON day of 9 1987, between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "Cityf', and the CALIFORNIA DEPARTMENT OF FISH AND GAME, hereinafter referred to as "Department". - THIS JOINT POWERS AGREEMENT is entered into this W I T N E S S E T H: / WHEREAS, the Department is the owner and administrator of the Buena Vista Lagoon Ecological Reserve; and WHEREAS, the Department desires to make substantial improvements to the nesting habitat of the least tern on the islands in the Buena Vista Lagoon; and WHEREAS, the City, as the local government jurisdiction, has been instrumental in seeking appropriations to further benefit Buena Vista Lagoon; 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 and City are authorized to enter into a Joint Powers Agreement pursuant to Government Code Section 6500 et seq.; and WHEREAS, the Department has complied with all applicable environmental laws and regulations; and -2- WHEREAS, the Department 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. 9. Provide conceptual plans to be used by the City to formulate final construction plans and specifications 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 construction engineering, administration, and actual Project construction. The preliminary estimate for the total cost of the Project is Ninety Four Thousand dollars ($94,000.00) including engineering and administrat ion costs. Name an authorized representative for the Project. Authorized representative to provide City written approval of final construction plans and specificat ions prior to advertisement for bids for the Project. Authorized representative shall have ten days of the project bid opening within which to provide the City written notice of approval to award the contract. Failure to provide written approval in said ten day period shall be deemed approval to award the contract. Review and if found acceptable, approve the Project "As Built" plans and specifications, Project Costs, and authorize filing of a Notice of Completion for the Project. 2. City shall: a. Assemble documents necessary to secure bid proposals. I -3- 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. 9. 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 Ninety Four Thousand dollars ($94,000.00) upon 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. b. The actual cost to Department of constructing Project shall be computed as follows: (1) Actual preconstruction costs of (a> Design engineering (b) Surveying and aerial photography (c) Preparation of construction plans and specifications (2) Actual City cost of, but not to exceed 10% of contract bid price for: (a) Contract administration and (b 1 Construct ion inspect ion -4- (3) Final construction cost based on contract unit prices and actual quantities of items. c. If bid prices exceed available Department funds for the Project ($94,000.00 advance to City per paragraph 3a above, plus interest credited to account as required in following paragraph 3d for past and present restoration work on the Buena Vista Lagoon), the scope of the Project will be changed accordingly. d. City will deposit and hold Department payment in a separate fund into which shall be credited interest earnings. Such interest earnings shall be determined by the City by applying the average rate of return on the City's portfolio to any cash balance held in this fund at the end of each month. City will maintain a complete and accurate record of all expenditures made from said account, including identification of the recipients and the purpose therefor. A detailed financial accounting will be included in the final Project report from City to Department. Upon completion of the Project, any funds and accumulated interest remaining in said account following reimbursement to City under Paragraph 3b above and final payment to contractor shall promptly revert to the Department. City shall retain all documents used to prepare accounting reports throughout the term 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. e. -5- f. 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 inspection by authorized representatives of both parties. g. Change orders will require written approval by the authorized representatives 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 not be responsible for increase in project costs as a result of change orders or otherwise. City acceptance of the work. h. shall file a Notice of Completion for the Project after final i. Department shall, insofar as it may legally do so, indemnify and hold harmless City and its officers and employees from any injuries, damage, or liability arising from any errors, omissions, or negligence in Department's performance of this agreement. j. City shall, insofar as it may legally do so, indemnify and hold harmless Department and its officers and employees from any injuries, damage or liability arising from any errors, omissions, or negligence in City's performance of this agreement. k. Any equipment purchased by the City with funds provided by the Department for use by the City during the term 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 . -6- over to the Department. For the purpose of this agreement, equipment shall be defined as all moveable articles of non- expendable property which has: (1) a normal useful 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 Five Hundred dollars ($500.00) or more. B 1. This agreement may be amended by mutual consent of the parties hereto. m. Unless extended by written amendment, the term of this agreement shall commence on the date first above written and continue through the date Notice of Completion is filed or until the State certifies i.n writing that the Project is complete and that the City has satisfied its obligation, whichever occurs first. n. The attached Nondiscrimination Clause pertains to this agreement and is made a part hereof with all references to "contractor" understood to mean the City. The City shall include the Nondiscrimination Clause in any subcontracts. IN WITNESS WHEREOF, we have entered into this Joint Powers Agreement on the day and year first above written. AP ROVED AS TO FORM: A Ron Ball, Assistant City Attorney ATTEST : &kQ*. Aletha L. Rautenkranz, City C1 rk Claude A. Le'wis, Mayor CALIFORNIA DEPARTMENT OF FISH AND GAME Fiscal Officer NOND I SCR I M I NAT I ON CLAUSE (OCP - 1) 1, During the Performance of this contract, contractor and its subcontractors shal I not unlawfully discriminate against any employee or applicant for employment because of race, reli- gion, color, national ori in, ancestry, physical handicap, Contractors and subcontractors shall insure that the evalua- tion and treatment of their employees and applicants for em Ioyment are free of such discrimination, Contractors and Employment and Housing Act (Government Code, Section 12900 et se I) and the applicable regulations promul ated thereunder (Cali?ornia Administrative Code, Title 2, Sect 9 on 7285,O et seq,), The applicable regulations of the Fair Employment and Housing Commission im lemnting Government Code, Section 2990, fornia Administrative Code are incorporated into this contract by reference and made a Part hereof CIS If set forth in full I Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement I medical condition, marita 9 status, age (over 40) or sex, su E contractors shall comply with the provisions of the Fair set forth in Chapter 8 of Division 4 of Title 2 of the Ca I I- 2, This contractor shall include the nondiscrimination and com- pliance Provisions of this clause in all subcontracts to perform work under the contract, STD. 17A (I'IEY 5-83)