HomeMy WebLinkAbout1982-04-20; City Council; 6982; Joint powers agreementsf0'
Cm JF CARLSBAD - AGENDA JILL
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MTfi V20/82
DEPT. ENG
ETJ"E JOINT POWERS
IN THE BUENA
AGREEMENT TO
VISTA LAGOON
CONDUCT EXCAVATION
- CONTRACT 1117
nPPT HO ^
CITY ATTYUSKi.
CITY MGRxX^lTl/^
IA-
RECOMMENDED ACTION:
Adopt Resolution No.approving Joint Powers Agreement between
California Department of Fish and Game and the City.
ITEM EXPLANATION:
State Fish and Game has received a million dollars in appropriations
to dredge the Buena Vista Lagoon. They have requested that the City
on new contracts.administer the contract due to the State's freeze
The City will need to enter into a joint powers agreement with the
State Fish and Game Department to formalize the arrangement. The
Engineering Department has been working closely with the State staff
on this project and feels confident that the terms of the agreement
can be met within the funds allocated by the State.
FISCAL IMPACT:
All design and contract administration expenses incurred by the City
are reimbursable up to a maximum of 1% of the contract bid price.
EXHIBIT:
Resolution No. £ f£~£~ approving Joint Powers Agreement between
California Department of Fish and Game and the City to Conduct
Excavation in the Buena Vista Lagoon.
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1 RESOLUTION NO. 6855
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A JOINT
3 POWERS AGREEMENT BETWEEN THE CALIFORNIA DEPART-
MENT OF FISH AND GAME AND THE CITY TO CONDUCT
4 . EXCAVATION IN THE BUENA VISTA LAGOON.
5 WHEREAS, the California Department of Fish and Game plans to conduct
6 excavation in the Buena Vista Lagoon to remove deposit of silt caused by
7 flood damage; and
8 WHEREAS, the Department of Fish and Game has requested the City of
9 Carlsbad to prepare plans and specifications and administer construction
10 and contracts necessary to excavate the Buena Vista Lagoon;
11 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
12 Carlsbad, as follows:
13 1. That the above recitations are true and correct.
14 2. That the attached agreement labeled Exhibit A provide the
15 nececessary funds and authority for the City to proceed in preparing contract
16 documents and administering construction contracts on behalf of the State
17 Department of Fish and Game necessary to excavate the Buena Vista Lagoon.
18 3- That the agreement attached as Exhibit A is approved and the Mayor
19 is authorized to sign on behalf of the City.
20 PASSED, APPROVED AND ADOPTED by the City Council at a regular meeting
21 held on the 20th day of April , 1982, by the following vote to wit:
22 AYES: Council Members Packard, Casler, Anear, Lewis
23 NOES: None
24 ABSENT: Council Member Kulchin
AT-TCCT RONALD C. PACKARD, MayorMl I to I :
26
ALETHA L. RAUTENKRANZ, City Clerk
28 (SEAL)
v. - .
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 1st day of
March, 1982, 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".
W. L I. H1JL £ 1.1 Ji -L
WHEREAS, the Department is the owner and administrator of a large
portion of the Buena Vista Lagoon Ecological Reserve and plans to excavate
portions of the Buena Vista Lagoon to remove deposit of silt caused by flood
damage, increase the wetland resource values of the Reserve; and
WHEREAS, the Department intends to accomplish flood damage repairs and
habitat restoration called the Buena Vista Lagoon Restoration Project, Phase 1
Excavation and Dredging and Phase 2 Additional Excavation; Removal and Final
Restoration Work, hereinafter referred to as "Project" as soon as possible
and intends to excavate and dispose of sediment from the Lagoon; and
WHEREAS, the City, as the local government jurisdiction, has been
instrumental in seeking appropriations to remove the sediment and to prevent
further sediment transport into Buena Vista Lagoon; and
WHEREAS, the City will work cooperatively with the Coastal Conservancy
to construct sediment basins; 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
t
accomplish the Project under City contract; and
WHEREAS, the Department and City are authorized to enter into Joint
Powers Agreement pursuant to Government Code Sections 6500 et seq.; and
WHEREAS, the Department and City desire to set forth their respective
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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 construction plan and specification suitable 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 con-
struction engineering, administration, and actual Project
construction. The preliminary estimate for the total cost of the
Project is Nine Hundred, Ninety Thousand dollars ($990,000.00)
including engineering and administration costs.
d. Name an authorized representative for the Project.
e. Authorized representative to provide City written approval of
final construction plan and specifications prior to advertisement
for bids for the project.
f. Authorized representative to provide City written approval to
award contract within ten days of Project bid opening.
g. 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.
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 for disposal of sediment materials,
g. 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 Nine
Hundred, Ninety Thousand Dollars ($990,000.00) 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. See exhibit A for Project cost estimate.
b. The actual cost to Department of constructing Project shall be
computed as follows:
(1) Final Project cost based on contract unit prices and actual
quantities of items.
(2) Costs incurred for any disposal site and transport and
placement of excavated material to be disposed of.
(3) Actual cost of or not to exceed 7% of contract bid price.
(a) Contract design engineering.
(b) Contract administration.
(c) Construction engineering.
c. If bid prices exceed available Department funds for the Project,
($990,000.00 advance to City per paragraph 3a above, plus interest
credited to account as required in following paragraph 3e), the
quantity of material to be excavated may be reduced or the scope
of the Project changed accordingly.
d. City may make monthly progress payments to contractor for Project
construction items actually completed.
e. City will deposit and hold Department payment in a separate
interest bearing account to which shall be credited all interest
earned. City will maintain a complete and accurate record of all
expenditures made from said account, including identification of
the recipients and the purposes therefor, and will provide the
Department with a bi-monthly report on the status of the account.
A detailed financial accounting will be included in the final
project report from City to Department. Upon completion of the
Project, any funds remaining in said account following reimburse-
ment to City under Paragraph 3b above and final payment to con-
tractor, shall promptly revert to the Department.
f. 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.
g. Department has complied with California Environmental Quality Act
(CEQA) requirements under section 15071 of the CEQA Act, as
follows:
15071. The following emergency projects are exempt from the
requirements of CEQA, and no EIR is required.
(1) Projects undertaken, carried out, or approved by a public
agency to maintain, repair, restore, demolish or replace
property or facilities damaged or destroyed as a result of a
disaster in a stricken area in which a state of emergency has
been proclaimed by the Governor pursuant to Chapter 7
(commencing with Section 8550) of Division 1, Title 2 of the
Government Code.
(2) Emergency repairs to public service facilities necessary to
maintain service.
(3) Specific actions necessary to prevent or mitigate an
emergency.
h. 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.
i. Change orders will require written approval by the authorized
representative 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.
j. City shall file a Notice of Completion for the Project after
final acceptance of the work.
k. Department shall, insofar as it may legally do so, indemnify
and hold harmless City and its officers and employees from
any damage or liability arising from any errors, omissions,
or negligence in Department's performance of this agreement.
1. City shall, insofar as it may legally do so, indemnify and
hold harmless Department and its officers and employees from
any damage or liability arising from any errors, omissions, or
negligence in City's performance of this agreraent.
m. 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 over to the Department. For the purposes
of this agreement, equipment shall be defined as all movable
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 One Hundred
Fifty Dollars ($150) or more.
n. This agreement may be amended by mutual written consent of the
parties hereto.
o. Unless extended by written amendment, the term of this agreement
shall commence March 1, 1982 and continue through January 1, 1985
or until the State certifies in writing that the Project is
complete and that the City has satisfied its obligations,
whichever occurs first.
p. The attached Fair Employment Practices Addendum 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 fair Employment Practice Addendium in any subcontracts.
IN WITNESS WHEREOF, we have entered into this Joint Powers Agreement on
the day and year first above written.
APPROVEB_AS TO FORM: sj CITY OF CARLSBAD
^ _. 'kkntsch-^e, &Vsis-ffant City
Attorney of CjLty of Carlsbad
Ronald C. Packard, Mayor
ATTEST:
.
•''
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k K j r
\ \Aletha' L. Rautenkranz, City Cler
CALIFORNIA DEPARTMENT OF FISH AND
GAME
Exhibit A
Cost Estimate for Buena Vista Lagoon Restoration Project
1. Phase I
Project Mobilization $ 40,000
Excavation - $5/cy-est. 80,000 yards
and restore islands 400,000
2. Phase II
Excavate additional $5/cy 80,000 yards
finish islands, remove haul causeways 450,000
3. City Design, Contract Administration and inspection 63,000
4. Contingency 37,OOP
Total , $ 990,000
PAKE "A"
PRACTICES AEDESDUX ( Applicable to PUBLIC WORKS contracts)
" ^. rniiMii Tlnn vith the performance at work under this contract, the Contractor egret* as follows:
) Th» Contr»ctor vlll not willfully discriminate against any employee or applicant for esployaent because of race, color, religion, ancestry, sex, age, or national•igla. *^ne Contractor will take amraative action to ensure that applicants are esployed, and that employees are treated during employment without regard to tbel-ice, color, religion, ancestry, sex, age, or national origin. Such action sfcall Include, but not be limited to, the following: Employment, upgrading, demotion cr•uoster; recruitment or recruitment advertising, layoff or termination; raters of puy or other forma of compensation; and selection for training, Including ap?rer.-.:r'-lip, ibe, Contractor agrees to post In conspicuous places, available to employees and applicants for employment, notices (Std. Form 809) to be provided by the eward-
ig authority Getting forth the provisions of this Fair Snploycent Practices section.
t) 'SUB Contractor vlll send to each labor union or representative of workers with which be baa a collective bargaining agreement or other contract or understanding,to Labor Onions, Std. Fora £O3, to be provided ty the awarding authority, advising the said labor union or workers' representative of the Contractor's coa-und«r this section, and sham post copies of the notice in conspicuous places available to employees and applicants for employment.
3) 7*» Contractor vlll permit access* to his records of employment, ewployawnst advertise.pi.ats, application forms, and other pertinent data and records by the Fairhployast Practices Coralsilon, the awarding auttot-iy or nny other appropriate agency of the State of California designated by the awarding authority, for the
urposes of Investigation to ascertain, cooplianc* with the Fair Employment Practices sectlcn ot this contract.
'^) A finding of willful violation off th* Fair Employment Practices section ot this contract or of the Fair Enployxent Practices Act shall be regarded by the avertingrathorltr as a basil for determining: tA* Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revofciruj thelontractor's preinisliflotion rating, IT any, and for refusing to establish., reestablish, or renew a prequaliflcatlon rating for the Contractor.
Us* awar4Uig authority -i-«ii deem a. fflaiina of willful violation of toe Fair Eaployaeat Practices Act to nave occurred upon receipt of written notice from tha FairEaplOjnent Practices Cooaisaion that it has Investigated, and determined that tne Contractor ha* violated the Fair Employment Practices Act aud has issued, aa order
uoier Ixbor Cod* Section LkSo or c&tatUwd an injunction under Labor CoO* Section 1W?.
Clpoik receipt of scch vrltten notice Crcm the Fair Eapioyaent Practices ComoLss-ion, the awarding authority snail notify the Contractor that unless he demonstrates t3
the mcltfaetlon of th* awarding authority within a stated period that tb* -violation has been corrected, his prequaliflcatlon rating will be revoked at the expirationof euci period.
(5) 5*» Contractor agrees that shcnzld th* awarding authority determine that the, Contractor has not complied with the Fair Employment Practices section of this ccr.tract,then pursuant to Labor Code Section. 2.735 and 1TT5, the Contractor shall, as a penalty to tbe awarding authority, forfeit, for each calendar day, or portion thereof, tor
eacb. person who was denied enploynen* as a result of suca nonccrapliance, the penalties provided la the Labor Code for violation of prevailing WBB« rates. Such =cles
nay b*> x*9COveredl fron tb* Contractor* The awarding authority oay deduct any such dgsages frca any aonies due the Contractor from the State of California.
(6) C*0 Bathing cxatalned In this fair Enploymit Practices section shall oe construed la any Conner or fashion so as to prevent the awarding authority of the State
of California £roa pursuing any otbe=r renedies that may be available at lav.
(t>) Mothlng contained in this ?alr Eaployment Practices section shall, be construed In any Banner or fashion so as to require or peralt tha hiring of an erplsyee.not permitted by the National Labor delation* Act.
(T) Prior to award of the contract, the Contractor shall certify to the awarding authority that h» has or will meet the following standards for affirmative corpllsnce,vhlclt s&all be evaluated In each case by the averdlag authority: . .
t«) Th* Contractor shall prcrrtie evidence, as recjolred by th* avardlcg authority, that be has notified all supervisors, foremen, and other personnel officers in
of the coet*ot of tha antl->^iscriqiuatlon clause and their responsibilities under it.
tb) The Contractor shall prorlde evidence, as required by the avardlcg authority, that he has notified all sources of employee referrals (including unlcns, eaploy-
afBencles, advertisements, Deporment of Huaioa Resources pevelopaent) of the content of the anti-discriaination clause.
(c) Persoxally, or through bis representatives, tbe, Contractor shall, througb negotiations with th* unions with whom he has agreements, attenpt to develop an
agnesent which vlll:
1. Spell, out responsibilities lor non-dlscrialnatton prograa In hlrlrg, referral, op*gradli>g, and training.
. Otherwise lapleraent an aJCflmative anti-discrlmlnatioa prograB la terns of the onions' npeclflc areas of skill and geography, to the en4 that qualified cinorlty
vlll b*. available and given an equal opportunity for employment.
(d) The Contractor shall notify th* contracting agency of opposition, to the antl-dlscrlninatlon clause by individuals, firms, or organizations during the period of
Its ja-eoualif Icntlon.
(8) Ibe Contractor vlll include Via provisions of tha foregoing paragraptai 1 through T la every first tier subcontract, so that such provisions vlll be binding upon each
•neia, ^abcoatractor.
(AppXleable to all other contracti) •
* FAIR BgtOHglg FBACTICS ADDSNDUM
1. Xa the perfornftnce of this coettrect, the Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sncestry.
MXfSe**, or notional origin. Ttw Contractor will t«ke af flr»atlvi- actlcn to ensure that applicants are enployed, and that employees are treated during enplo;-Tr.t ,vithoot regard to their race, coljcr, religion, ancestry, sex, age, or nntLonal origin. Sach action ahall include, but not be limited to, the following: en-plcrrent,upgrading, deration or transfer;, rercruitxvent or recraitoent advertising; layoff or t«raln»tlon; rates of pay or other forms of compensation; and selection for -.raining,apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by tr* ^iat«forth tbe provisions of this Fair Eaployoent Practices section. *
2. The Contractor will permit occteas to his records of eaploynent, e.-splor/nent adveTtiseuejits , application forms, and other pertinent data- and records by the 5t*te Fair
. BqOoyoent Practices Coirmlsslon, cf any other agency of the State of California designated by the awarding authority, for tha purpose of investigation to aacertila coo-
pilsner with the PaJ.r Fjaployment Practices section of this contract.
3. S«aed,lcs for Villful Violation:
t«) Tbe St«t* m»y determine at vlllful violation ot the Fair Eaploynent Practices provision to have occurred upon receipt of a final Judgment having that effect fro*
* ccurt In an action tT uiilch Contractor was a party, or upon receipt of a written notice frora the Fair Employment Practicea Coirrnisbicn that it has lr.*f-ilr st.rcand d#rtermlned that the Contractor naj violated the Xelr Elaployneat Practices Act and haa issued an order, under Labor Code Section 1*«26, which hoi beco-ne flna-or obtained an injunction under Labor Code Section 1U29 .
{b) For vlllfal violation of this Fair Employment Practices provlsicn, the E^a'.e :!-all huv^ the rlpht to terminate this contract either in whole or in r-urt, »nc) nr,
• Ions or dacjtg* suatninol *>y tha Jtate in :ecurSn& tha E'Xxls or cervices hffreunder ohsll be borne and paid for by the Contractor and by hia surety ur-ie- ».hj jer
* fomcricQ bond, If any, iwad the State may deduct from any oonles 4u* or that thrresfter nay becooe due to the Contractor, the difference between the prtc» r.»«e*j
' In th* contract and the actual cont thereof to the State.
* "ft Is unlawful employment practice for an employer to refu>* to hlra or employ, or to dltchnree, dismiss, reduce, suspend, or denote, any Individual between t!t» opei
ttt M) and 6k solely on th* ground of age,..." (Ltbor Cod* Section 1W2O.1)