HomeMy WebLinkAboutCalifornia, State Of; 1987-05-21; Fish & Game’ 2075 LAS PALMAS DRIVE
CARLSBAD, CALIFORNIA 92009-4859
Office of the Municipal Projects
TELEPHONE
(619) 438-1161
May 7, 1987
California State Department of Fish and Game
Attention: Mr. Chuck Dolan, Regional Administrative Officer
245 West Broadway, Suite 350
Long Beach, California 90802
BUENA VISTA LAGOON ISLAND RESTORATION, PROJECT NO. 3258
On April 28, 1987, the Carlsbad City Council approved the
enclosed Joint Powers Agreement between the City and the State of California Department of Fish and Game for the restoration of the
Buena Vista Lagoon islands. Attached are two (2) signed originals of the Agreement. At your convenience, please return
one (I) signed copy to the Carlsbad City Clerk for our files.
This Department is prepared to assemble a Request for Proposal to retain professional engineering services necessary to design the
proposed island restoration work. The City and the eventual
engineering consult ant will require direction in the form of
conceptual plans from Fish and Game as to the extent, nature and
quality of proposed restoration measures. Mr. Gary Kellison, of
this office, has been assigned as Project Manager for this
project. Mr. Kellison will be contacting your staff in the near
future to arrange a meeting to begin the project.
In accordance with the terms of the agreement, please remit to
the City of Carlsbad, attention James Elliott, Finance Director,
1200 Elm Avenue, Carlsbad, California, 92008, a check in the
amount of $94,000 representing the State’s funding for the
project.
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Page Two
May 7, 1987 BUENA VISTA LAGOON ISLAND RESTORATION PROJECT
The City of Carlsbad looks forward to beginning this most import ant project, as well as working with your staff in this
effort. If you have any questions during the course of the
project, please contsct me at 438-1161.
Municipal Projects Manager
JJC:mja
Attachments: City Council Resolution Joint Powers Agreement
c: Frank Mannen, Assistant City Manager James Elliott, Finance Director
Aletha Rautenkranz, City Clerk
Gary Wayne, Senior Planner
Nancy Rollman, Associate Planner Gary Kellison, Project Manager
WBITE IT+DON'T SAr IT INTER-DEPARTMENT MEMORANDUM
DATE Is- 7.- 87 63
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REPLY ON THIS SHEET
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 day of MAY 2 1 1987
1987, 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 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
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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. Provide conceptual plans to be used by the City to formulate final
construct ion plans and specificat ions suit able for obtaining bids
for construction of the Project.
b. Obtain all permits required to accomplish Project.
c. Be responsible for and reimburse the City for costs of construction
engineering , administration, and actual Project construct ion. The
preliminary estimate for the total cost of the Project is Ninety
Four Thousand dollars ($94,000.00) including engineering and
administration costs.
d. Name an authorized representative for the Project.
e. Authorized representative to provide City written approval of final
construction plans and specifications prior to advertisement for
bids for the Project.
f. 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.
90 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.
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b. Advertise for bids.
c. Provide cant ract administration and construct ion 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.
‘3* 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) Construction inspection
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(3) Final construct ion 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 ident if icat ion 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.
e. 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.
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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.
9. Change orders will require written approval by the authorized
represent at ives 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.
h. City shall file a Notice of Completion for the Project after final
acceptance of the work.
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
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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.
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
in 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.
Rp City Attorney
ATTEST : CALIFORNIA DEPARTMENT OF FISH AND GAME
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1,
NONDISCRIMINATION CLAUSE
(OCP - 1)
During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, reli- gion, color, national ori medical condition, marlta 9 in, ancestry, physical handicap, status, age (over 40) or sex, Contractors and subcontractors shall insure that the evalua- tion and treatment of their employees and applicants for em loyment are free of such discrimination, Contractors and & su contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et se 1 and the applicable regulations promul ated thereunder Kali%rnia Administrative Code, Title 2, Sect 9 on 7285 0 et ses,), The applicable regulations of the Fair Employment and Housing Commission im lementing Government Code, Section set forth in Chanter 5 I 2990, of Division 4 of Title 2 of the Ca i- fornia Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full, 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,
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 (NW S-83)
C-2070
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STATE OF CALIFORNIA-THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor -.- , DEPARTMENT OF FISH AND GAME
1416 NINTH STREET
SACRAMENTO, CALIFORNIA 95814
(916) 322-8866
John J. Cahill Municipal Projects Manager City of Carl&ad 2075 Los Palmas Drive Carl&ad, CA 920094859
RECEIVED ‘UN 4 1987
JUN 09 1987
MlJNIClPAL PROJECTS’ DIVISION
Dear Mr. Cahill:
Joint Powers Agreement No. C-2070 Nesting Habitat Improvement at Buena Vista Lagoon
Enclosed for your record is the fully executed and approved original of the above captioned agreemnt.
Sincerely,
Enclosure
JUNE 9, 1987
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TO: CITY CLERK’S OFFICE
FROM: MUNICIPAL PROJECTS
JOINT POWERS AGREEMENT FOR BUENA VISTA LAGOON ISLAND RESTORATION
PROJECT
Attached for your files is the original copy of the City/State
Department of Fish and Game agreement for the Buena Vista Lagoon
Island Restoration project.
Municipal Projects Manager
JJC:mja
c: Frank Mannen, Assistant City Manager
Gary Kellison, Project Manager
Finance Department