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.
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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.
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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)
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II. EXHIBIT A to
RESOLUTIO~J 8194
CARISBAD BOULEVARD SHORE PROTECTION PROJECT
THIS AGREEMENT is entered into on I
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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
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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
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shall govern.
3, PERFORMANCE
(a) CITY shall
OF WORK.
do, or cause to be done, under its direct
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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.
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(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
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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.
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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)
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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,
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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
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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
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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
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any and all claims, demands, damages, costs, expenses or
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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
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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
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with and this'document is exeqt from review by the Department
of Finance.
Di r ecta f
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