HomeMy WebLinkAboutCalifornia, State Of; 1988-08-12; Parks & Rec1 AGREEMENT FOR REPLACEMENT
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3 CHERRY AVENUE STAIRWAY
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5 CARLSBAO STATE BEACH
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/a" 7 This agreement, made and entered into this-&d day of%BB, by
8 and between the State of California, acting through the Department of Parks
9 and Recreation (DPR) and the City of Carlsbad (City).
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11 WITNESSETH: ----------
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13 WHEREAS, State of California may, pursuant to Section 5003 of the
14 Public Resources Code, enter into contracts to provide for the repair and/or
15 replacement of facilities in the State Park System and may expend funds
16 therefor; and
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18 WHEREAS, DPR and City desire to enter into an agreement for said
19 replacement of a stairway at Cherry Avenue, Carlsbad State Beach; and
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21 WHEREAS, it is the mutual benefit of the parties hereto that City
22 design and construct a replacement stairway at Cherry Avenue; and
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24 WHEREAS, the parties hereto desire to avail themselves of all
25 provisions of law applicable to this agreement and desire to jointly exercise
26 their powers as specifically set forth herein and as authorized under Title 1,
27 Division 7, Chapter 5, Article 1, of the Government Code.
COURT PAPER STATE oc C*IICO”Nlh STD. 113 IRE”. 8.721
El5 34769
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NOW THEREFORE, in consideration of the mutual covenants contained
herein, the parties do hereby covenant and agree as follows:
1. fa) City shall perform or cause to be performed or furnish or cause
to be furnished labor, equipment, materials, and supplies requ'red for the
development of a stairway at Cherry Avenue to the seawall, hereinafter
referred to as "Project", in accordance with the approved plans, working
drawings, and specifications by DPR and on file with both City and DPR.
!b) No substantial change or changes shall be made from the
approved plans and working drawings without express written approval by DPR.
7 ,- . !a\ Project includes forming and pouring concrete stairways and
landings and related facilities, including but not limited to paving, grading,
drainage, sidewalk, curb and gutter.
(b) State shall not be responsible for the payment of any utility
connections fees for this Project.
3. DPR agrees to pay to the City up to $41,000 for the actual
related administrative and inspection 21 construction costs and $4,000 for
22 services.
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24 4. !a! Construction work
25 according to the method or in the
26 if it were proceeding independent
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COURT PAPER STITE OF CALIFORNIA STD. 113 IRE”. e-721
85 34769
for development shall be accomplished by City
manner for performing such work by City as
ly, except as herein otherwise provided.
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1 (b\ "As-built" drawings for the completed project shall be
2 delivered to DPR within sixty f5D1 days after completion of construction.
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4 !c! All work by City under this agreement shall be completed within
5 two (2‘1 years from the date of approval of this agreement.
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7 cd! DPR's obligation under this agreement shall not exceed $45,000
8 unless this agreement is amended in writing to provide for such excess amount.
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10 5. DPR reserves the right, in addition to any other right it may have,
11 to inspect the work during normal work hours, at its discretion as needed to
12 determine that DPR's funds are being expended in accordance with the intent of
13 th!s agreement. When completed, City shall make final inspection with State's
14 Representative. With the prior approval by the State, City may accept the
l5 work from its construction contractor.
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17 6. If needed, State shall grant to City, without cost to City, an
18 easement for the construction, operation, and maintenance of the Project that
lg is on State land.
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21 7. (a> To receive payment, City shall send request for payment to the
22 Department of Parks and Recreation, Development Division,
23 P.O. Box 942896, Sacramento, CA 04296-0001.
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25 'b! City shall place monies advanced by DPR and any interest earned
26 thereon in a separate interest-bearing account.
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COURT PAPER STITE OF C*llro”NlA STD. 113 IRE”. 8.721
85 34769
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8. In the event the actual cost to complete said work does not exceed
the amount or amounts advanced to City under this agreement, the City agrees
within ninety (90) days of completion of said work or the termination date of
this contract whichever occurs first to refund to DPR the difference between
the actual cost and the amount advanced to City under this agreement including
all interest earned on the principal advanced by DPR to City.
9. City shall strictly account for the funds disbursed by DPR to City
under this agreement. City shall maintain satisfactory financial accounts,
documents, and records relating to the cost, disbursement, and receipts with
respect to the work and the funds therefor and shall make them available to
DPR in City's offices for auditing at reasonable times and shall retain them
for three years following the completion of the work, or the final payment
therefor whichever is later. The parties hereto agree that until three years
after completion of the work, or the final payment therefor, whichever is
later, that they shall be subject to examination and audit by the State
Auditor General.
10. City hereby waives all claims and recourse against DPR including any
right to contribution for loss or damage to persons or property arising from,
growing out of, or in any way connected with or incident to work under this
agreement except claims from the concurrent or sole negligence of DPR or their
officers, agents, and employees.
City shall to the extent it may legally do so and subject to
availability of funds, hold harmless, and defend DPR and its officers, agents,
and employees against any and all claims, demands, damages, costs, expenses,
COURT PAPER STITC or CALIFORNIA STD. 113 (REV. 8.721
85 34769 4
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or liabilities arising out of the development or construction of the property
described herein except (1) for liability arising out of the concurrent or
sole negligence of DPR or its officers , agents, and employees which claims,
demands, damages, or causes of action arise under Government Code
Section 895.2 or otherwise.
In the event State of California is named as codefendant under the
provisions of the Government Code Section 895.2 et seq., City shall notify DPR
of such fact and shall defend State of California in such legal action unless
State of California undertakes to represent itself as codefendant in such
legal action in which event State of California shall bear its own litigation,
costs, expenses, and attorney's fees. In the event judgment is entered
against State of California and City because of the concurrent negligence of
said entities, their officers, agents, or employees, an apportionment of
liability to pay such judgment shall be made by a court of competent
jurisdiction. Neither party shall request a jury apportionment.
The City shall require the contractor or contractors to obtain and
maintain public liability insurance as is consistent with City procedures.
Said policy or policies shall be underwritten to the satisfaction of DPR. A
signed and complete certificate of insurance , with all endorsements required
by this paragraph, shall be submitted to DPR before construction work is
commenced.
11. This agreement may be amended in writing from time to time by mutual
consent of both parties subject to the approval of the State Department of
General Services.
COURT PAPER STAT’! OF cALl,ORNlA STD 113 (REV. 8.72)
85 34769
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12. Any notice, demand, or request required or authorized by this
agreement to be given or made to or upon DPR shall be deemed properly given if
delivered by certified mail, postage prepaid to the State of California,
Department of Parks and Recreation, P.O. Box 942896, Sacramento, CA 94296-0001.
The notice, demand, or request required or authorized by this
agreement to be made to or upon City shall be deemed properly given or made if
delivered by certified mail, postage prepaid to City of Carlsbad, 2075 Las
Palmas Drive, Carlsbad, California 92009-4859.
The address to which any notice, demand, or request is to be mailed
may be changed at any time by notice given in the same manner as provided in
this article for other notices. Nothing herein shall preclude the giving of
notice by personal services.
13. The Nondiscrimination Clause, Standard Form 17A, attached hereto is
incorporated herein and for the purposes of this agreement, the word
"contractor" therein shall mean City.
14. Pursuant to Public Resources Code Section 5080.34, this agreement
prohi bits, and every contract for a concession of lands that are subject to
this development agreement shall expressly prohibit discrimination against any
person because of the race, color, religion, sex, marital status, national
origin, or ancestry of that person.
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COURT PAPER STATE OF CALI,ORNIA STD. 113 (REV e-721
85 34769
1 IN WITNESS WHEREOF, the parties have executed this instrument upon
2 the date first hereinabove appearing.
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4 CITY OF CARLSBAD
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STATE OF CAL1 FONIA
DEPARTMENT OF PARKS AND RECREATION
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BY BY 8
9 // / ?BT Date Date
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COURT PAPER STATIC OF CILIIORNIA STD 113 ,RE”. 8.72)
65 34769
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1 IN WITNESS WHEREOF, the parties have executed this instrument upon
2 the date first hereinabove appearing.
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4 CITY OF CARLSBAD STATE OF CAL1 FONIA
5 i DEPARTMENT OF PARKS AND RECREATION
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7 I .I By BY SF- c
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Date‘ r
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Dqawtment of Genefal SewiceC
APPROVED
OCT 03 1988
SotrOfCdifOM-~Th,~
DEPARTMENT OF PARKS AND RECREATION
-f CERTIFICATION OF FUNDING
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NONDISCRIWINATION CLAUSE
(OCP - 1)
1, During the performance of this contract, contractor and fts subcofitractbrs shall not unlawfully discriminate against any employee or applicant for employment because of race; reli- gion, color, national ori medical condltfon, marito 9 in, ancestry, physical handicap, status, age (over 40) or sex, Contractors and subcontractors shall insure that the evoluo- tlon and treatment of their employees and aWicants for em loyment are free of such discrimination. Contractors and Iii su contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et se- 1 and the aoplicoble regulations P et se- > and the applicable regulations promul Kali%rnia Administrative Code Title 2 Kali%rnia Administrative Code Title 2 romul Sect Sect on 7285 0 et 9 9 ated thereunde ated thereunde on 7285.0 et ses,), ses,), The apblicable regulati6ns of th6 The apblicable regulati6ns of th6 Fair Employ&t and Housing Commission 1 Housing Commission 1 Fair Erw'Ioyment and
set forth in Chapter set forth in Chapter s s lerrenting Governmen lerrenting Government Code, Section t Code, Section 299 299 of Division 4 of J of Division 4 of Title 2 of the Co itle 2 of the Co 1 1 l- l- fornlo Administrative Code ore incorporot fornlo Administrative Code ore incorporated into this controc ed into this controc by reference and mode a part hereof as If by reference and mode a part hereof as If set forth In full, set forth In full,
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Cbntroctor and its subcontrdctors shall-give written~notice of thefr obligations under this clause to labor orgdnizotions with which they have a collective bargaining or other agreement.
2, This contractor shall include the nondiscrfmination ond com- pliance provlslons of this clause in all subcontracts to perforr, work under the contract, /
sm. 17A (mi &-.a)
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RESOLUTION NO. 88-278
APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR THE RECONSTRUCTION OF THE STATE'S CHERRY AVENUE BEACH ACCESS STAIRWAY
WHEREAS, the City Council and the City of Carlsbad hereby
finds it necessary, desirable and in the public interest to
assist the State of California Department of Parks and
Recreation with the reconstruction of the State's Cherry Avenue
Beach Access Stairway: and
WHEREAS, an Agreement to effect said reconstruction has
been prepared; and
WHEREAS, the City has awarded a construction contract for
the Carlsbad Boulevard Bluff Top Walkway project which will
incorporate as an element the reconstruction of the Cherry
Avenue Beach Access Stairway.
NOW, THEREFORE, BE IT RESOLVED by the City of Carlsbad,
California as follows:
1. That the above recitations are true and correct.
2. That an Agreement between City of Carlsbad and the
State of California Department of Parks and Recreation for the
reconstruction of the Cherry Avenue Beach Access Stairway is
hereby approved and the Mayor and City Clerk are hereby
authorized and directed to execute said Agreement.
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3. Following the Mayor's signature of said Agreement,
the City Clerk is further authorized and directed to return said
Agreement and a certified copy of this Resolution to the State
of California Department of Parks and Recreation, Attn: Robert
D. Cates, Chief, Development Division, Post Office Box 942896,
Sacramento, CA 94296, and a copy of said Agreement to the
Municipal Projects Department.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad at its regular meeting held on the day 9th
of August I 1988, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, and Mamaux
NOES: None
ABSENT: Council
ATTEST:
nk ALETHA L. RAUTENKRANZ, City\Clerk (SEAL)
STATE OF CALIFORNIA, )
COUNTY OF SAN OIEGO ) ss.
KAREN R. KUNDTZ, Deputy I. I - (:it> (hv-k of tflcb (:ity cbf (I;krlslx1tl. (:olltit!. of Sill1 IXcyy), St;Itc- Of (~iifif0rtii~t.
III*I.c~I>! c,c*r.tif!. tI1at I II;I\,c* (.~)ttll~;lr~*<I tllch t’orc*gofl~g ccq~y witI tIlc* origill;lt Resolution#88-278 II;ISS(Y~ :IIIC~
;iclcq~tc~ti lb\ wicl (:it\, (:011i~.il. at a regular Iil(*(+itig tl1(w*of. ilt tIlc% titiicu illl(l Ily tllcb \~Ot(~ tli(w*iii
\I;ltc~cl. \\.liicdi c,ri,giil;il Resolution is Ilow 011 fife* iii Ill>’ offic.cs: tll;It tl,(s SiIIII(’ ~~o~it;ii~~s it fllll. 11.Ill’
;tl~fl (~orrc*(~t I~iltlscTi~)t tli(m4roIii ;llitl (,I’ tlic* \vliolc* tlicv-c.of.
\\‘itttc.\\ III!. II;IIIO ;III(~ tlbca ,+IYII of s;\itI (lit\, of i:;lrI>I,;ltl. tIlis 15th (tit\' of August 9 1988