HomeMy WebLinkAboutCalifornia, State Of; 1990-02-06; BoatingSTANDARD AGREEMENT - APPRoVED By THE 0 CONTRACTOR
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TITLE OF OFFICER ACTlNG FOR STATE AGENCY Irrwrr~/l~r wlkd f/W MUfC. trrd CONTRACT NUMSER AM. l-40
Director Department of Boating and Waterways 89-42-146 1 /rc'rcw~fc~r cd/d f/w (:or~lrtrc'lrrr. CONTRACTOR'S 1.0. NUf.mER
City of Carlsbad (Designer)
Iicw'irlal'l~7 c*\lw.wd. tloc5 Iicwl~y ngwr to frlrriisli lo llic Stntc services amI rnalvriills. ;IS follows:
DEPARRlENT and DESIGNER agree to amend their agreement of February 6, 1990 as follows:
Item 3 (PROJECT COMPLETION DATE) of the contract shall now read: The r)ES?GNER shall
complete the plans and specifications for the PROJECT no later than February 6, 1995.
ARTICLE II (TERM OF CONTRACT)Part A, of the contract shall now read: The term of this CONTRACT, subject to any provision for prior termination, shall begin with the effective date of the CONTRACT and shall continue for five (5) years from such date.
Save and except as amended above, the agreement of February 6,
force and effect. 1990 shall remain in full
CONTINUED ON -i?m SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. -_.
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STATE OF CALIFORNIA I CONTRACTOR
---.-- - .-
AGCNCI
Department of Boating & Waterways
OY ,,,“~H”HlZEO SIGNATURE1
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P‘llNl~O NAME OF l’B”SON SIGNING
William II. Ivers I CLAUDE A. LEWIS I"l<qyfx -
TITLE 1 ADDRESS Director I 1200 Carlsbad Village Dr., Carlsbad, CA 92008
AMOUNT ENCUMDEREO
$
UNENCUMGERLO OALANCE
PROGRAMlCATEGORl CODE AND TITLE, Beach Erosion
IOPTIONAL USEI
FUND TITLE General Fund Deparfmenf 01 Gerteral Servrccs
Use Only
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AD,. INCREASING ENCVMORANCE lTEr.7 CHAPTER STn-ll’.~ FlSCAL YEAR
s 3680-603-001 1241 1989 89-90
AD,. DECREASING ENCUMBRANCE OGJECT OF EXPENDlTVRE ,COOE AND TITLE,
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SIGNA r”RE OF ACCOUNTING OFFICER DATE
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31m~~rurzs 0F o.=t=bcm SIGN~NC~ 0~ GEHALF 0F THE AGENCY DATE
January 30, 1992
Mr. George A. Armstrong State Dept. of Boating and Waterways 1629 "S" Street Sacramento, CA 95814-7291
RE: AMENDMENT NO. 1 TO AGREEMENT FOR FUNDING OF PHASE ONE OF CARLSBAD BOULEVARD
SHORE PROTECTION PROJECT
The Carlsbad City Council, at its meeting of January 28, 1992, adopted Resolution No. 92-41, approving Amendment No. 1 to the Agreement for funding of Phase I for the proposed Carlsbad Boulevard Shore Protection Project.
Enclosed per instructions in the Resolution are eight (8) originally signed
copies of the Amendment as well as a copy of Resolution No. 92-41.
After Amendment No. 1 has been fully executed, please return one fully executed
original to the City Clerk's Office.
Encs.
1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 @
DESIGN CONTRACT
$300,000 CARLSBAD BOULEVARD SHORELINE PROTECTION PROJECT
This contract is entered into on February 6, 1990 between the
California Department of Boating and Waterways (DEPARTMENT) and the
City of Carlsbad (DESIGNER).
1.
2.
3.
4.
The
1.
RECITALS:
The DEPARTMENT is authorized under Section 65.2 of the
California Harbors and Navigation Code to prepare plans and
construct works for beach erosion control and stabilization
of beaches and shoreline areas; and
The DEPARTMENT is authorized by said Section to cooperate with
other governmental agencies in the preparation of plans and
in the construction of such works; and
The contracting parties are public agencies within the meaning
of Section 6500 of the Government Code; and
The contracting parties wish to jointly exercise their powers
in completing the project contemplated by this contract.
CONTRACT:
DEPARTMENT and the DESIGNER agree as follows:
CONTRACT
This contract incorporates EXHIBIT A, Standard Terms and
Conditions.
-
2. PROJECT
The project shall consist of the purchase of right-of-way and
the preparation of plans and specifications for approximately
1960 linear feet of concrete capped steel sheet-pile seawall
and all other necessary construction work along Carlsbad
Boulevard. The seawall is to run from the south abutment of
the Agua Hedionda Lagoon bridge downcoast to the outflow
structure of the Encina Power Plant.
The work to be performed under this agreement shall, in so far
as funds are available, consist of the purchase of right-of-
ways, planning, design plans and specifications for
approximately 1,960 linear feet of steel sheet-pile concrete
capped seawall and all other related construction work along
Carlsbad Boulevard from the south abutment of the Agua
Hedionda Lagoon bridge down coast to cutflow structure of the
Encina Power Plant.
3. PROJECT COMPLETION DATE
The DESIGNER shall complete the plans and specifications for
the PROJECT no later than February 6, 1992.
4. PAYMENT
The DEPARTMENT shall pay the DESIGNER up to THREE HUNDRED
THOUSAND DOLLARS ($300,000) OR ONE HUNDRED PERCENT (100%) of
the PROJECT COSTS (see EXHIBIT A for definition), whichever
is less.
-
April 5, 1990
TO: LEE RAUTENKRANZ
FROM: Municipal Projects Manager
Lee:
Attached is a copy of a letter dated March 30, 1990, from the State of California, Department of Boating and Waterways, indicating the Department has executed the agreement previously approved by the City Council on February 6, 1990 for the proposed seawall project on Carlsbad Boulevard. Enclosed is a completely executed copy of the agreemen for your files. We have retained the second copy for
JJC:jkb
c: City Engineer Pat Entezari, Project Manager
5. NOTICES
Notices required between the parties shall be deemed to have
been given when mailed to the respective addresses below,
first-class postage
To DEPARTMENT:
To DESIGNER :
CITY OF CARLSBAD
fully prepaid thereon:
Department of Boating & Waterways 1629 S Street Sacramento, CA 95814-7291
City of Carlsbad Director of Finance City Hall 1200 Elm Avenue Carlsbad, CA 92008
STATE OF CALIFORNIA DEPARTMENT OF BOATING AND WATER.YS
BY
r .- .’ .l .: : 1530
Date Signed 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.
8 DEPARTMENT OF BOATING AND WATERWAYS
CONTRACT # 89-42-146 with City of Carlsbad
BUDGET APPROPRIATION: CH 1241/89 ITEM 3680-603-001 AMOUNT 300,OOO.OO
Line Item Allotment: BEACH EROSION - CARLSBAD BLVD. SHORELINE
FUND: GENERAL FUND FY 89-90
----------------------------------------------------------------------
Amount of this estimate $ 300,000.00
I certify upon my own personal knowledge that budgeted funds are
, available for the period and purpose of the expenditure stated above. I ,
c2zziLee
Date: 03/07/89 Accounting Officer
P -
EXHIBIT A
BEACH EROSION CONTROL PROJECT
CONTRACT
STANDARD TERMS AND CONDITIONS
ARTICLE I - DEFINITIONS
A. CONTRACT means the contract to which these standard terms and
conditions are appended.
B. PROJECT means the project defined in paragraph 2 of the
CONTRACT.
C. PAYMENT means that money provided pursuant to Harbors and
Navigation Code Section 65.2 to finance the DEPARTMENT's
portion of the PROJECT COSTS.
D. PROJECT COSTS mean those engineering design costs which are
necessarily incurred by the DESIGNER for the purpose of
completing the PROJECT and are approved by the DEPARTMENT;
however, such PROJECT COSTS shall not include indirect or
overhead charges claimed by the DESIGNER to cover costs
involving employees of DESIGNER and shall not include any
expenses incurred prior to the effective date of this
CONTRACT.
ARTICLE II - TERM OF CONTRACT
A. The term of this CONTRACT, subject to any provision for prior
termination, shall begin with the effective date of the
CONTRACT and shall continue for TWO (2) years from such date.
B. This CONTRACT may be extended, amended or cancelled upon
agreement of both the DEPARTMENT and the DESIGNER.
4
ARTICLE III - PAYMENT
A. PAYMENT may be made either (1) in advance of PROJECT work or
(2) after the occurrence of work (in arrears).
1. A PAYMENT advance shall be subject to the following
conditions:
4
b)
cl
d)
e)
f)
The DESIGNER may request a PAYMENT advance from the
DEPARTMENT to cover ONE-HUNDRED PERCENT (100%) of
those PROJECT COSTS expected to occur in the
succeeding THIRTY (30) day period.
Requests for PAYMENT advances may not be made more
than once every THIRTY (30) days.
All advances shall be deposited in an account which
shall reflect all receipts and expenditures of such
advances.
All expenditures of an advanced PAYMENT shall be
made only after receiving the written approval of
the DEPARTMENT; requests for such approval must be
accompanied by invoices or other evidence of PROJECT
COSTS and may be made only once every THIRTY (30)
days.
The DESIGNER shall request DEPARTMENT approval of
the final expenditure of an advanced PAYMENT no
later than THIRTY (30) days following the DEPARTMENT
approval of PROJECT acceptance.
Any PAYMENT advanced by the DEPARTMENT to the
DESIGNER shall remain the property of the DEPARTMENT
5
h
until such PAYMENT is approved for expenditure by
the DEPARTMENT.
9) The DESIGNER shall invest any advance
required to meet immediate contractual
PAYMENT not
obligations
in an interest bearing account. Any interest
accrued from such investments shall be deposited in
the above-mentioned account and shall be used to
help pay the PROJECT COSTS.
h) The DESIGNER shall return to the DEPARTMENT any
PAYMENT remaining after all PROJECT COSTS have been
paid: such PAYMENT funds shall be returned to the
DEPARTMENT no later than SIXTY (60) days following
date of acceptance of the PROJECT by the DESIGNER.
2. A PAYMENT in arrears shall be made as follows:
4 The DEPARTMENT may make a monthly PAYMENT under this
CONTRACT upon written request by the DESIGNER, such
requests shall be substantiated by invoices or other
evidence of PROJECT COSTS submitted by the DESIGNER.
b) The DESIGNER shall request final PAYMENT under this
CONTRACT no later than SIXTY (60) days following the
date of acceptance of the PROJECT by the DESIGNER.
C. The DEPARTMENT may withhold any PAYMENT for failure by the
DESIGNER to comply with any of the conditions and provisions
of this CONTRACT.
D. The DEPARTMENT may withhold from any PAYMENT an amount equal
to TEN PERCENT (10%) of approved PROJECT COSTS until the
6
DEPARTMENT has approved the acceptance of the PROJECT.
E. DEPARTMENT s/h&j??? ap rove payment to DESIGNER on all invoices
submitted by DESIGNER to DEPARTMENT within forty-five (45)
v days after receipt and approval of said invoices.
ARTICLE IV - DESIGN OF PROJECT
A. The DESIGNER shall obtain from the DEPARTMENT advance written
approval for the following:
1. All Requests for Proposals prior to advertisement,
2. All contracts prior to award,
3. All requests for design changes in the plans and
specifications, and
4. Acceptance of the PROJECT by the DESIGNER.
B. All contracts for design of the PROJECT shall:
1. Be awarded in accordance with all applicable laws and
regulations.
2. Contain the following clause: "Representatives of the
Department of Boating and Waterways shall be allowed to
meet and confer with contractor and/or consultants hired
by the DESIGNER at any stage in the design process."
3. Contain a clause that there shall be no discrimination
against any employee who is employed in the work covered
by such contracts or against any applicant for such
employment because of sex, race, religion, color, age,
national origin, or physical handicap, and that such
provisions shall include, but not be limited to:
7
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employment, upgrading, promotion or transfer,
recruitment, or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation,
and selection for training including apprenticeship.
ARTICLE V - PLANS AND SPECIFICATIONS
Plans and specifications developed for the PROJECT shall be
prepared by persons licensed by the State of California to
undertake the type of planning required by the PROJECT
or architect's certificate number to appear on planning
ARTICLE VI - LIABILITY
(engineer's
documents).
A. The DESIGNER waives all claims and recourse against the
DEPARTMENT including the right to contribution for any loss
or damage arising from, growing out 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.
B. To the extent permitted by law, the DESIGNER shall indemnify,
hold harmless, and defend the DEPARTMENT, its officers, agents
and employees against any and all claims, demands, damages,
costs, expenses or liability arising out of the acquisition
and design of the PROJECT.
C. If the DEPARTMENT is named as a co-defendant pursuant to
Government Code Sections 895, et seq, the DESIGNER shall
notify the DEPARTMENT and represent it unless the DEPARTMENT
elects to represent itself. If the DEPARTMENT undertakes its
own defense, it shall bear its own litigation costs, expenses
8
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and attorney's fees.
ARTICLE VII - WAIVER OF RIGHTS
It is the intention of the parties hereto that from time to time
either party may waive certain of its rights under this CONTRACT.
Any waiver at this time by either party hereto of its rights with
respect to a default or any other matter arising in connection with
CONTRACT, shall not be deemed to be a waiver with respect to any
other default or matter.
ARTICLE VIII - REMEDIES NOT EXCLUSIVE
The use by either the DEPARTMENT or the DESIGNER of any remedy
specified in the CONTRACT for the enforcement of the CONTRACT is
not exclusive and shall not deprive the party using such remedy of,
or limit the application of, any other remedy provided by law.
ARTICLE IX - OPINIONS AND DETERMINATIONS
Where the terms of this CONTRACT provide for action to be based
upon the opinion, judgment, approval, review, or determination of
either the DEPARTMENT or DESIGNER, such terms are not intended to
be and shall never be construed as permitting such opinion,
judgment, approval, review, or determination to be arbitrary,
capricious, or unreasonable.
ARTICLE X - ASSIGNMENT
No assignment or transfer of this CONTRACT or any part hereof,
rights hereunder, or interest herein by DESIGNER shall be valid
unless and until it is approved in writing by the DEPARTMENT and
made subject to such reasonable terms and conditions as the
DEPARTMENT may impose.
.
. ,- -
ARTICLE XI - SUCCESSORS AND ASSIGNS OBLIGATED
This CONTRACT and all of its provisions shall apply to and bind the
successors and assigns of the parties hereto.
ARTICLE XII - INSPECTION OF BOOKS, RECORDS, AND REPORTS
During regular office hours, each of the parties or their duly
authorized representatives shall have the right to inspect and make
copies of any books, records, or reports of the other party
pertaining to this CONTRACT or matters related hereto. Both
parties shall maintain and make available for such inspection
accurate records of all of its costs, disbursements, and receipts
with respect to its activities under this CONTRACT.
ARTICLE XIII - PRIOR TERMINATION
The CONTRACT shall terminate on the date specified in Paragraph 3
of this CONTRACT if (1) the DESIGNER has not met all conditions
precedent to disbursement under this CONTRACT by such date, or (2)
if no disbursement by the DEPARTMENT of a PAYMENT occurs by such
date.
ARTICLE XIV - SUBJECT TO AUDIT
All contracts entered into by the DESIGNER involving an expenditure
of a PAYMENT shall contain a provision which indicates that the
contracting parties shall be subject to the examination and audit
of the California Auditor General for a period of THREE (3) years
after final payment under this CONTRACT. Further, the DEPARTMENT
reserves the right to audit all records pertaining to and all
contractors employed by the DESIGNER involved with expenditures and
expenses related to the completion of the PROJECT.
10
h
RESOLUTION NO. 90-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS AND APPROPRIATING REIMBURSEMENT FUNDING FOR THE PHASE I DESIGN OF THE CARLSBAD BOULEVARD SHORE PROTECTION PROJECT
WHEREAS, the City Council of the City of Carlsbad has
8 determined it necessary, desirable, and in the public interest to
9 investigate alternative structural methods of protecting a section
10 of Carlsbad Boulevard, south of the Agua Hedionda Bridge: and
11 WHEREAS, the City Council has previously approved
12 Resolution No. 88-253 authorizing the formal application with the
13 State of California, Department of Boating and Waterways for
14 funding assistance for said project: and
15 WHEREAS, Assembly Bill 1580, the State Park and Wildlife
1fj Preservation Act became effective January 1, 1990 which included
17 $300,000 of State funding for the Phase I design portion of said
18 project; and
19 WHEREAS, the State of California, Department of Boating
20 and Waterways has prepared an agreement which implements the Phase
21 I portion of the project and identifies the aforementioned
22 reimbursement funding from the State to the City for said project.
23 NOW, THEREFORE, BE IT RESOLVED as follows:
24 1. That the above recitations are true and correct.
25 2. That an agreement with the State of California,
26 Department of Boating and Waterways regarding the Phase I funding
27 for the design of the Carlsbad Boulevard Shore Protection Project
28 is hereby approved and the Mayor and City Clerk are authorized and
) l -
.
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directed to execute said agreement in accordance herewith.
Following the Mayor's signature of said agreement, the City Clerk
is authorized and directed to forward eight (8) copies of said
agreement with original signatures, as well as one (1) copy of this
resolution, to the State of California, Department of Boating and
Waterways, attention Mr. George Armstrong, 1629 II s II Street,
Sacramento, California, 95814-7291. The City Clerk is also
authorized and directed to forward a copy of said agreement and
resolution to the Municipal Projects Department for their records.
3. That the City Council does hereby approve an
appropriation in the amount of $300,000 representing the
reimbursement value of the agreement from the State to the City to
the.l989-90 Capital Improvement Program budget.
4. That the City Council does hereby authorize and direct
City staff to proceed with soliciting design proposals for said
project as well as all other applications, permits, and approvals
necessary to affect said project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 6th day of February , 1990,
by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
GETHA L. RmrENKmNz, City erk
(SEAL)
February 9, 1990
State of California
Department of Boating & Waterways
1629 "S" Street
Sacramento, CA 92814-7291
Attn: Mr. George Armstrong
Re: Funding Agreement for Phase I Design of Carlsbad Boulevard Shore
Protection Project
Per instructions from our Municipal Projects Department, enclosed are
eight (8) original copies of the above-referenced agreement with
original signatures of the Mayor of the City of Carlsbad. As soon
as the documents are fully executed, please return one fully signed
original document to the City Clerk's Office.
The agreement was approved by the City Council at its meeting of
February 6, 1990 by the adoption of Resolution No. 90-27. A copy
of Resolution No. 90-27 is enclosed for your records.
Encs.
c: Municipal Projects
1200 Carlsbad Village Drive l Carlsbad, California 92008 l (619) 434-2808
STATE OF ‘CALIFORNIA-THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Gowmor
1629 S STREET
SACRAMENTO, CA 95814-7291
(916) 4456281
February 21, 1990
Mr. John Cahill Municipal Projects Manager City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009
Dear Mr. Cahill:
The design contract that we mutually agreed upon at our meeting on January 25, 1990 was returned to us by your Deputy City Clerk with a change. In ARTICLE III - PAYMENT, Item E, page 7, we cannot accept the word tlshalltl because we cannot guarantee the payment of your invoices within forty-five (45) days after receipt. We would prefer the substitution of the word !IrnayVt in place of "shallU.
Please retype the page with the above-mentioned correction, initial the correction in the margin, and send us eight (8) copies so we can continue processing the contract. We apologize for the delay.
If you have any questions concerning this change, please contact George Armstrong at (916) 445-8349 or Kim Sterrett at (916) 322- 1809.
Sincerely,
BILL S. SATOW Assistant Director
BY
GEORGE A. ARMSTRONG, Supervisor Beach Erosion Branch
cc: dfz arin R. Kundtz
STATE OF CALIFORNIA-THE RESOURCES AGENC GEORGE DEIJKMEIIAN, Gowmor
DEPARTMENT OF BOATING AND WATERWAYS
1629 S STREET
SACRAMENTO, CA 95814-7291
(916) 4454281
March 30, 1990
RECEIVED
Mr. John J. Cahill Municipal Projects Manager City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859
N’R 02 1333
MUWPAL PROJECTS’
DIVISI0.N
Subject: Carlsbad Boulevard Shoreline Protection Project, Agreement No. 89-42-146, San Diego County
Dear Mr. Cahill:
Enclosed are two copies of the fully executed agreement between * ,the City of Carlsbad and the Department of Boating and Waterways. The agreement provides funds for plans and specifications for construction of the Carlsbad Boulevard Shore Protection Project in the City of Carlsbad, San Diego County.
Sincerely,
BILL S. SATOW
BY
(916) 445-8349
Enclosures (2)
cc: Mr. Frank Aleshire Mr. Pat Entezari