HomeMy WebLinkAboutCalifornia, State Of; 1985-07-01; Boating1 :: Second Amendment To
Carlsbad Boulevard Shore Protection Project Agreement 2
This amendment to agreement is entered into on April 1, 1988, between
the California Department of Boating and Waterways (DEPARTMENT) and the City 4
of Carlsbad (CITY). The DEPARTMENT and the CITY agree to amend the agreement 5 i,
of July 1, 1985, (Contract No. 85-42-100) as follows: 6 ;, Paragraph 3e of the agreement shall read: 7 I;
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"CITY shall diligently prosecute and complete work within
48 months from the date of this agreement."
Paragraph 8 of the agreement shall read:
11,: "The term of this agreement shall begin on its effective date
/! :!
12 ;; and terminate on July 1, 1989."
i! Save and except as amended above, the contract of July 1, 1985, shall remain 13 ;:
ii in full force and effect. 14 iJ
tt CITY OF CARLSBAD STATE OF CA.LIFOBNIA
q DEPARTMENT OF BOATING AND WATERWAYS
16:;
BY B 171: !i
19/j I hereby certify that all conditions for exemption set forth in State
20/l Administrative Manual Section 1209 have been complied with and this docunent
211 I~ is exempt from review by the Department of Finance. II 22i:
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C 3U RT PAPER ‘I
S”ATL 0, C*LlFORNI* STD. 113 (REV. B-72)
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94 32915 ii
FORM POLICY I wJDG;tT
Depurtmw r+ GencraI Services
APPROVED
MAY zsm
BY --AL -6v -Qum
Ass?. Cbi+ &um$ -..- -- _--.-_-_
- :
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
TELEPHONE
(619) 434-2808
April 21, 1988
State of California Department of
Boating & Waterways
1629 S Street
Sacramento, CA 95814
Attn: George A. Armstrong
Re: SECOND AMENDMENT TO CARLSBAD SHORE PROTECTION PROJECT AGREEMENT
The Carlsbad City Council, at its meeting of April 19, 1988,
adopted Resolution No. 88-126, approving the Second Amendment
to the City/State Agreement for the Carlsbad Boulevard
Shore Protection Project.
In accordance with instructions from our Municipal Projects
Department, enclosed are eight signed copies of the Amendment, as
well as a copy of Resolution No. 126.
As soon as the documents have been signed by a representative of
your agency, please return one fully executed document to this
office.
Thank you for your assistance in this matter.
Deputy City Clerk
Encs.
“STATE OF CALIFORNIA-THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor
DEPARTMENT OF BOATING AND WATERWAYS
1629 S STREET
SACRAMENTO, CA 95814-7291
(916) 4454281
Mr. JohnJ. Cahill Mmicipal Projects Mnager City of Carl&ad 2075 Las Palmas Drive Carl&ad, CA 92009-4859
May 28, 1987
Subject: CarlsbadBoulevard~~lProject,~tt.l, Agremmt No. 85-42-100, San Diego County Dear Mr. Cahill: --%Q=f~ yy;* m
Enclosedare&co~&&of the ful.lyexecu~AmndlIEntNo. la-t&m thE!CityofCarlsbadandtheDepartrrwtofBoatingandWa~~. T!E~KEI&E& provides a tim extension for construction of the Carlsbad Boulevard shore ProtectionProjectin theCityofCa?zlsbad, SanDiegoCounty.
sincerely,
BILLs.sAm AssistantDirector
GEKRGEA.ARMSNBG EkachEmsionBranch (916) 445-8349
Supervisor
ELlc!losures
bee: Mr. FrankAleshire,CityManager
.
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COURT PAPER ITlTh DC CALIFORNIA
I!TD. 113 IFIB”. 8.721
0.P
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First Amendment To
Carlsbad.Boulevard Shore Protection Project Agreement
This amendment to agreement is entered into on January 1, 1987, between
the California Department of Boating and Waterways (DEPARTMENT) and the City
of Carlsbad (CITY). The DEPARTMENT and the CITY agree to amend the agreement
of July 1, 1985, (Contract No. 85-42-100) as follows:
Paragraph 3d of the agreement shall read:
"CITY shall diligently prosecute and complete work within
36 months from the date of this agreement."
Paragraph 8 of the agreement shall read:
"The term of this agreement shall begin on its effective date
and terminate on July 1, 1988."
Save and except as amended above, the contract of July 1, 1985, shall remain
in full force and effect.
CITY OF CARLSBAD STATE OF CALIFORNIA DEPARTMENT OF BOATING AYD WATERWAYS
B ,yY
'Dali Signed
MAY ;j (-J ppq
Date Signed
I hereby certify that all conditions for exemption set forth in State
Administrative Manual Section 1209 have been complied with and this document
is exempt from review by the Department of Finance.
"EXHIBIT A" - ?tr /II/K
CARLSBAD BOULEVARD SHORE PROTECTION PR.OJECT AGREEl4ENT
THIS AGREEMENT is entered into on , 1985, by and 3~1'1 1
between the CITY OF CARLSBAD (CITY) and the STATE OF
CALIFORNIA, acting by and through its DEPARTMENT OF BOATING AND
wATERwAYs (DEPARTMENT).
I. RECITALS
(a) The 40-foot high bluffs in front of Carlsbad
Boulevard at Carlsbad State Beach from Oak to Tamarack Avenue
is being continually eroded by waves from the Pacific Ocean
is in need of permanent protection; and
(b) Continued erosion threatens public facilities
improvements, including Carlsbad Boulevard, located along
bluff top. The City is empowered by Section 5157.5 of
and
and
the
the
Public Resources Code to participate in Projects and to take
actions necessary to protect the public facilities and
improvements and to protect the public health, safety, and
welfare caused by continued bluff erosion. This project will
prevent further bluff erosion and further threats to the public
facilities and improvements. The City is authorized to
participate in the project.
(c) DEPARTMENT is authorized under Section 65.2, Article
2.5, Chapter 2, Division 1 of the California Harbors and
Navigation Code, to prepare plans for and construct works for
beach erosion control and stabilization of beaches and
shoreline areas, to the extent that funds are available; and
IdI DEPARTMENT is authorized by said section to
cooperate with other governmental agencies in the preparation
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of such plans and in such construction; and
(e) The contracting agencies herein are public agencies
within the meaning of Section 6500 of the Government Code;
(f) The powers the exercise of which are contemplated by
this agreement are common to the contracting parties herein.
II. GENERAL CONDITIONS
1. DESCRIPTION OF WORK. The work to be performed under
this agreement shall, insofar as funds are available, consist
of the construction of approximately 4400 linear feet of
seawall along the toe of the bluff at the Carlsbad State Beach
shoreline from Oak Avenue to the Aqua Hedionda Lagoon entrance
jetty (PROJECT).
2. PLANS AND SPECIFICATIONS. The plan for work shall be
approved by DEPARTMENT in writing prior to advertising for bids
and no change in the plan shall be made without the advance
written approval of DEPARTMENT.
(a) CITY agrees to perform, or cause to be performed,
the work specified in the approved plan.
(b) The work undertaken by the CITY shall have the Plans
and Specifications approved by the DEPARTMENT and shall be
constructed and performed in accordance with the law
applicable to the CITY's public works projects and with
the State Contract Act, provided that if the CITY's public
works law and the State Contract Act conflict, the latter
shall govern.
3. PERFORMANCE OF WORK.
{a) CITY shall do, or cause to be done, under its direct
2
supervision, the work provided for under this agreement:
such work shall be performed to the satisfaction of
DEPARTMENT and shall be subject at all times to their
inspection and approval. To this end, the CITY shall
allow the DEPARTMENT reasonable access to the work site.
The CITY shall assign one inspector to the project on a
full time basis at any time that the Contractor is a
actively working on the project site.
(b) If design and/or construction adminstration is to be
performed by consultants, the DEPARTMENT shall participate
in an advisory capacity in the evaluation of the
Consultants and may communicate directly with the
Consultant during design and construction.
(c) If the work is to be performed by contract, a summary
of the estimates, bid, and contract shall be forwarded by
CITY to DEPARTMENT for approval prior to award. No
payment shall be made for work performed on any such
contract awarded by CITY until said approval has been
obtained. Performance and labor and materials bonds shall
be provided by the Contractor in an amount equal to 100
percent of the contract work to insure completion.
(d) Insofar as CITY may be authorized by DEPARTMENT to
perform any part of the work with its own forces, CITY-
owned equipment used for said work may be charged at the
rental rates established heretofore by CITY, if such rates
have not been so established, allowance for use of such
equipment may be charged as approved by DEPARTMENT.
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(e) CITY shall diligently prosecute and complete work
within eighteen months from the date of this agreement.
(f) During the progress of the work, all data and records
pertaining thereto, in the possession or control of either
party shall be made fully available to the other for the
due and proper accomplishment of the purposes and
objectives thereof.
4. FUNDS.
(a> For work undertaken by the CITY, the DEPARTMENT
shall, subject to terms of this agreement, reimburse CITY
for SEVENTY-FIVE PERCENT (75%) of the cost of the work
described in paragraph 1, provided that such reimbursement
shall not exceed $2,915,000. Any reimbursement exceeding
$2,715.000 shall require prior approval by the California
Department of Finance. Cost of performing construction
work shall include, but not be limited to payments to
CITY's contractor, work performed by its own forces as
described above, necessary engineering design,
supervision, and inspection (CONSTRUCTION COSTS).
DEPARTMENT shall under no circumstances be obliged to
expend for or on account of work provided for under this
agreement any amount in excess of funds herein made
available.
(b) The obligations created by this agreement respecting
DEPARTMENT and the CITY are contingent upon the
appropriation by the California State Legislature of funds
intended to finance the work described by paragraph 1 of
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this agreement. Further, should the CITY make any
commitments prior to the effective date of this agreement
as to all or part of $2,915,000 amount made available by
this agreement, DEPARTMENT shall regard all such
commitments to be obligations of the CITY only; DEPARTMENT
shall not approve the expenditure of any funds under this
agreement to cover any costs incurred by the CITY as a
result of such commitments.
(cl None of the funds made available under this
agreement are to be used to pay CITY's general overhead or
administrative costs, including, but not limited to, its
legal, clerical, or other personnel expenses, except to
.
the extent that such costs are~directly attributable to
the subject project and-are approved by DEPARTMENT.
(d) Payments to cover the costs of construction may be
made either (1) through advances or (2) in arrears.
1. Advances shall be subject to the following
conditions:
4 The CITY may request an advance from the
DEPARTMENT to cover the CONSTRUCTION COSTS
expected to occur in the succeeding THIRTY
(30) day period.
Requests for advances may not be made more
than once every~THIRTY (30) days.
All advanced funds shall be deposited in an
account which shall reflect all receipts and
expenditures of such funds.
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d) All expenditures of advanced funds shall be
made only after receiving the written
approval of the DEPARTMENT; requests for
such approval must be accomplished by
invoices or other evidence of CONSTRUCTION
COSTSandmaybemade only once every THIRTY
(30) days.
4 The CITY shall request DEPARTMENT approval of
the final expenditure of advanced funds no
later than THIRTY (30) days following the
DEPARTMENT approval of CONSTRUCTION
acceptance.
f) The DEPARTMENT may withhold from the advances
an amount equal to TEN PERCENT (10%) of
approved CONSTRUCTION COSTS until the
DEPARTMENT has approved the acceptance of the
CONSTRUCTION.
9) All funds advanced by the-DEPARTMENT to the
CITY shall remain the property of the
DEPARTMENT until such funds are approved for
expenditure by the DEPARTMENT.
h) The CITY may invest any advanced funds that
are not required to meet immediate
contractual obligations; any interest accrued
from such investments shall be deposited in
the above specified account and shall be used
to help pay the CONSTRUCTION COSTS.
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:
i) The CITY shall return to the DEPARTMENT any
advanced funds remaining in the account after
all CONSTRUCTIONCOSTS have been paid; such
funds shall be returned to the DEPARTMENT no
later than SIXTY (60) days following date of
acceptance of the construction by the CITY,
2. Payments made in arrears shall be made as
follows:
CITY shall render to DEPARTMENT, monthly, in
triplicate, full and complete statements of all
expenditures and expenses incurred by CITY in the
performance of work. Subject to the terms and
provisions of this agreement, DEPARTMENT shall, upon
approval, reimburse CITY for DEPARTHENT's share of
all amounts incurred or expended by CITY in
performance of said work. The DEPARTWENT may stop
payment if the CITY fails to comply with any of the
provisions of this agreement.
(e) DEPARTMENT reserves the right to audit all records
retained by CITY and CITY's contractor pertaining to all
expenditures and expenses in connection with the
performance of said work within one year after completion
of such work or final payment, whichever is later.
Further, all contracts entered into by the CITY involving
an expenditure of funds under this agreement shall contain
a provision which indicates that the contracting parties
shall be subject to the examination and audit of the
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California Auditor General for a period of three (3) years
after final payment under this agreement.
5. REPORTS. Within SIXTY (60) days after completion of
work, CITY shall file with DEPARTMENT a final report of
expenditures. All reports, plans, specifications, estimates,
statements of expenditures and expenses, and other documents
required to be submitted by CITY to DEPARTMENT shall be in a
form satisfactory to DEPARTMENT.
6. OWNERSHIP AND MAINTENANCE. DEPARTMENT acquires no
ownership or interest in the project constructed pursuant to
this agreement and shall not be responsible or liable for its
maintenance, operation or adequacy,
7. MISCELLANEOUS PROVISIONS.
(a) All disputes concerning questions of fact arising
under this agreement shall be decided by the Director of
Boating and Waterways, or his authorized- representative,
and such decisions shall be final and conclusive upon the
parties hereto.
(b) CITY waives all claims and recourse against the
DEPARTMENT including the right to contribution for any
loss or damage arising from, growing out of, or in any way
connected with or incident to this contract except claims
arising from the concurrent or sole negligence of the
DEPARTMENT, its officers, agents and employees.
(c) The CITY shall indernnify, hold harmless, and defend
the DEPARTMENT, its officers, agents and employees against
any and all claims, demands, damages, costs, expenses or
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. liability arising out of the acquisition, design,
construction, operation, maintenance, existence or failure
of the project undertaken through this agreement.
(d) If the DEPARTMENT is named as a co-defendant pursuant
to Government Code Sections 895, et seq. the CITY shall
notify the DEPARTMENT and if the DEPARTMENT undertakes its
own defense, the DEPARTMENT shall bear its own litigation
costs, expenses and attorney's fees.
(e) CITY shall procure any and ail permits, licenses or
authorization which may be required by federal or state
law in reference to said work before payments will be made
under this agreement and no expenditures therefor shall be
chargeable against the cost of this project.
(f) CITY shall comply with all local, state, and federal
laws and regulations regarding non-d.iscrimination based
upon race, color, creed, sex , national or ethnic origin,
etc., in the administration of this contract and any
contracts issued as a result of this contract. All
contractors and subcontractors shall be required to comply
with this condition.
w The waiver of a breach of any of the provisions of
this agreements-hall not be deemed to be a waiver of any
other provisions hereof, or of a subsequent breach of such
provisions.
(h) Notwith t s anding anything herein contained to the
contrary, this agreement may be terminated and the
provisions of this agreement may be altered, changed or
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L amended, by mutual written consent of the parties hereto.
8, TERM OF AGREEMENT,
The term of this agreement shall begin on its effective
date and continue for two years from such date.
CITY OF CARLSBAD STATE OF CALIFORNIA DEPARTMENT OF BOATIRG AND WATERWAYS
BY %dk By k!&&fl?!-?
Title mm H~CASLER, Mayor Director
/5J - .J - g/ u-r 1 *i \ei?l
Date Signed Date Signed
I hereby certify that all conditions for exemption set forth
in State Administrative Hanual Section 1209 have been complied
with and this document is exempt from review by the Department
of Finance.
Director
I APPRQ’(“.D 1
$GNEQ BY Ewm$T -
I ELIZABETH YOST
chief Deputy Director I
10 &. N\% \k w 3LSo-IOI-D3~~b)
’ Cql;-lca -1m
STATE OF ChFO;RNIA-THE RESOURCES AGENCl GEORGE DEUKMEJIAN, Governor
DEPARTMENT OF BOATING AND WATERWAYS
1629 S STREET
SACRAMENTO, CA 95814-7291
(916) 445-6281
Mr. Frank Aleshire, City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008-1989
Attention: Mr. Frank Mannen
SUBJECT: Carlsbad Blvd. Shore Protection Project Carlsbad, San Diego County Agreement No. 85-42-100
Dear Mr. Aleshire:
Enclosed are two originals of the fully executed agreement between the City of Carlsbad and the Department of Boating and Waterways to provide funds for the Carlsbad Boulevard Shore Protection Project in the City of Carlsbad, San Diego County.
The Department would like to meet with you at your earliest convenience to discuss our administrative procedures and your anticipated project schedule. Please contact Mr. Georae Armstrona at (916) 445-8349 or myself at (916) 322-1809*to schedul; a meeting.
Sincerely,
BILL S. SATOW Assistant Director
BY
Project Manager
Enclosures
cc: Mr. Richard Allen