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HomeMy WebLinkAbout1985-10-01; City Council; 8345; Approval of Agreement for Construction of seawallAPPROVAL OF AGREEPENT WITH STATE FOR flTG.10/1/85 CONSTRUCTION OF SEAWALL. \ci.c DEPT. HD.= CITY AlTY-$,!% CITY MGR. RECOMMENDED ACTION: Adopt Reso Department along Carl lution No. Jw# approving Agreement with State sbad Boulevard. of Boating and Waterways for construction of seawall [TEM EXPLANATION: The State budget includes $2,915,000 for the state's share of the seawall project along Carksbad Blvd. The city's share of the project, $905,000, is included in the recently adopted capital improvement budget. In order to proceed with the project, the City Council needs to approve the attached resolution approving the Agreement. FISCAL IMPACT: The estimated cost of the project is $3.82 million. The State will pay 75% of the cost and the City will pay 25%. EXHIBITS: 1. Resolution No. 2/74 approving agreement \si th State. _- I 1 2 3 4 5 6 7 a 9 10 11 112 13 14 15 16 17 19 2c 21 22 22 24 22 26 27 2e RESOLUTION NO. 8194 - 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 FOR THE CONSTRUCTION OF A SEAWALL WHEREAS, the State of California and the City of Carlsbad have appropriated funds for the construction of a seawall in Carlsbad; and WHEREAS, the State of California and the City of Carlsbad desire to enter into an agreement for the funding of the seawall. . . NOW, THEREFORE, BE IT RESOLVED by the City Council of ' the City of Carlsbad, as follows: 1. That the above recitations are true and correct. 2. That the agreement attached hereto as Exhibit A is hereby approved. 3. That the Mayor is authorized and directed to sign the agreement on behalf of the City. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the 1985, by the following vote, to wit: 1st day of October AYES: NOES: Nore ABSENT: None Council Mmbers Casler, IRwis, Kulchin, Chick and Pettine - MARY dSLER, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City Clekk (SEAL) .. 4 II. EXHIBIT A to RESOLUTIO~J 8194 CARISBAD BOULEVARD SHORE PROTECTION PROJECT THIS AGREEMENT is entered into on I .- AGREEMENT 1985, by and 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 Tarnarock Avenue is being continually eroded by waves from the Pacific Ocean and is in need of permanent protection; and (b) Continued erosion threatens public facilities and improvements, including Carlsbad Boulevard, located ... along the .. -. . I. “bluff’top. The‘City is .empowered by Section 5157.5 of 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 (d) DEPARTMENT is authorized by said section to cooperate with other governmental agencies in the preparation 1 3 .. .- 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, 11. 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 j e t t y ( 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 (a) CITY shall OF WORK. do, or cause to be done, under its direct 2 J 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 directl~~with bhe Consultant during design and construction. {c) If the work is to be performed by contract, a sumnary 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. .. 3 (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 nade fully available to the other €or the due and proper accomplishment of the purposes and objectives thereof. 4. FUh'DS. (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 reimburseqent . .. .. .. ' 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 performeci 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 4 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. (c) 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) made either (1) through advances or (2) in arrears. a. Payments to cover the costs of construction may be 1. Advances shall be subject to the following conditions: The CITY may request an advance from the DEPARTMENT to cover the CONSTRUCTION COSTS expected to occur in the succeeding THIRTY (30) aay 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. 5 7 d) All expenditures of advanced funds shall be .- made only after receiving the written approval of the DEPARTMENT; requests for such approval nust be accomplished by invoices or other evidence of CONSTRUCTION COSTS andnaybemadeonlyonce every THIRTY (30) days. The CITY shall request DEPARTMENT approval of the final expenditure of advanced funds no later than THIRTY (30) days following the DEPARTMENT approval or' CONSTRUCTION acceptance,. The DEPARTMENT nay withhold from the advances e) .. ... --. f) an amount equal to TEN PERCENT (10%) af approved CONSTRUCTION COSTS until the DEPARTMENT has approved the acceptance of the CONSTRUCTION, g) All funds advanced by the DEPARTHEMT to the CITY shall remain the property of the DEPARTHENT 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 Erom such investments shall be deposited in the above specified account and shall be used to help pay the CONSTRUCTION COSTS, 6 i) The CITY shall return to the DEPARTMENT any advanced funds remaining in the account after all CONSTRUCTION COSTS 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 E ollows: 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 DEPARTI.!E:I?T's share of .. .. .. all amounts incurred or expended by CITY in performance of said work. The DEPARTMEfvlT 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 performanc; 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 7 California Auditor General for a period of three (3) years after- final payment under this agreement. 5, REPORTS, Within SIXTY (60) days after campletion of work, CITY shall file with DEPARTXENT 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 €or its maintenance, operation or adequacy.. .. 7, EIISCELLANEOUS 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 aiid 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 DEPARTNENT, its officers, agents and employees. (c) The CITY shall indemnify, hold harmless, and defend the DEPARTMENT, its officers, agents and employees against - any and all claims, demands, damages, costs, expenses or 8 .. 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 DEPARThIENT shall bear its own litigation costs, expenses and attorney's fees. (e) CITY shall procure any and all permits, licenses or authorization which may be required by federal or state law in reference to said work before paynents will be made under this agreement and no expenditures therefor shall be chargeable against the cost of. this project. (€1 CITY shall comply with all local, state, and federal laws end regulations regarding non-discrimination 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. (g) The waiver of a breach of any of the provisions of this agree%ent shall not be deemed to be a waiver of any other provisions hereof, or of a subsequent breach of such provisions. (h) Notwithstanding anything herein contained to the contrary, this agreement may be terminated and the provisions of this agreement may be altered, changed or . .. * 9 .. amended, by mutual written consent of the parties hereto, 8. TERM OF AGREENENT, 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 AND WATERWAYS DEPARTNENT OF BOATIILG v /b - J - 2Y 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 exeqt from review by the Department of Finance. Di r ecta f -- 10