HomeMy WebLinkAbout1988-08-09; City Council; 9572; Reconstruction of Cherry Ave. Beach AccessSB#m
HTG. 8/09/88
3EPT.-
RECOMMENDED ACTION:
TITLE:
AGREEMENT WITH STATE PARKS FOR
RECONSTRUCTION OF CHERRY AVENUE
BEACH ACCESS STAIRWAY
Adopt Resolution No. ffi27f 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.
ITEM EXPLANATION:
On July 5, 1988, the City Council adopted Resolution No. 88-224 awarding a contract for the construction of the Carlsbad Boulevard Bluff Top Walkway project including the reconstruction
of the Cherry Avenue Beach Access Stairway which is owned and
maintained by the State of California Department of Parks and
Recreation. The attached Agreement between the City and the
State Parks will enable the reconstruction of the Cherry Avenue
Stairway as an element of the City's project to take advantage of
the opportunity of construction economies and mutual agency
benefit.
Staff recommends approval of the City-state Agreement.
FISCAL IMPACT:
The lump sum replacement cost to reconstruct the Cherry Avenue Stairway is $41,000, Design, inspection and project
administration for this element of the project is estimated to be
an additional $4,000. The City-state Agreement provides for the
State to forward to the City $45,000 upon execution of the
Agreement.
Construction is anticipated to begin in early August and require
approximately five (5) months for completion.
EXHIBITS :
1. Location map,
2. Resolution No. rfdffapproving an agreement between the City
of Carlsbad and State of California Department of Parks and
Recreation for the reconstruction of the Cherry Avenue Beach
Access Stairway.
3. City-state Agreement.
LOCATION MAP
CARLSBAD BOULEVARD
OCEAN STREET
PROJECT NAME CARLSBAD BOULEVARD
BLUFFTOP WALKWAY
vcm MAP
N. f. s.
i.
..
1
2
3
4
5
6
7
8
9
1c
11
12
12
14
1:
IC
17
1E
1s
2c
21
2:
22
24
2f
2t
25
2E
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
hereby approved and the Mayor and City Clerk
authorized and directed to execute said Agreement.
///
///
///
///
Stairway is
are hereby
?.
1
2
3
4
5
6
7
a
9
10
11
1.2
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 9th day
of August , 1988, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, and Mamaux
NOES: None
ABSENT: Council Member L
ATTEST :
ALETHA L. RAUTENKRANZ, City\Clerk
I ~
(SEAL)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
AGREEMENT FOR REPLACEMENT
OF
CHERRY AVENUE STAIRWAY
AT
CARLSBAD STATE BEACH
/J v This agreement, made and entered into this-3R6 day of-dtm-e, 1988, by
and between the State of California, acting through the Department of Parks
and Recreation (DPR) and the City of Carlsbad (City).
WITNESSETH: ----------
WHEREAS, State of California may, pursuant to Section 5003 of the
Public Resources Code, enter into contracts to provide for the repair and/or
replacement of facilities in the State Park System and may expend funds
therefor; and
WHEREAS, DPR and City desire to enter into an agreement for said
replacement of a stairway at Cherry Avenue, Carlsbad State Beach; and
WHEREAS, it is the mutual benefit of the parties hereto that City
design and construct a replacement stairway at Cherry Avenue; and
WHEREAS, the parties hereto desire to avail themselves of all
provisions of law applicable to this agreement and desire to jointly exercise
their powers as specifically set forth herein and as authorized under Title 1,
Division 7, Chapter 5, Article 1, of the Government Code.
COURT PAPER STATE OC CALIFORNIA STD. 113 (REV. 8.72)
85 34769
t
1 NOW THEREFORE, in consideration of the mutual covenants contained
2 herein, the parties do '7erehy covenant and agree as follows:
3
4 1. (a\ City shall perform or cause to be performed or furnish or cause
5 to be furnished labor, equipment, materials, and supplies requ'red for the
6 development of a stairway at Cherry Avenue to the seawall, hereinafter
7 referred to as "Project", in accordance wit? the approved plans, working
8 drawings, and specifications by DPR and on file with both City and DPR.
9
10 'b) No substantial change or changes shall be made from the
11 approved plans and working drawings without express written approval by DPR.
12
13 3. (a\ Project includes forming and pouring concrete stairways and
14 landings and related facilities, including but not limited to paving, grading,
15 drainage, sidewalk, curb and gutter.
16
17 (b) State shall not be responsible for the payment of any utility
18 connections fees for t+is Project.
19
20
21 construction costs and $n,000 for related administrative and inspection
22 services.
23
24 4. !a! Construction work for development shall be accomplished by City
25
3. DPR agrees to pay to the City up to $41,000 for the actual
according to the method or in the manner for performing such work by City as
26 if it were proceeding independently, except as herein otherwise provided.
27 ---
COURT PAPER
STAT1 OF CALIFORNIA
STD. 113 IREV. 8.721
85 34769 2
(bl "As-built" drawings for the completed project shall be 1
delivered to DPR within sixty (50\ days after completion of construction.
3
4 tcj All work by City under this agreement shall be completed within
two (?\ years from the date of approval of this agreement.
6
7
8
!d! DPR's obligation under this agreement shall not exceed $45,000
unless this agreement is amended in writing to provide for such excess amount.
9
10
11 to inspect the work during normal work hours, at its discretion as needed to
determine that DPR's funds are being expended in accordance with the intent of 12
13 this agreement. When completed, City shall make final inspection with State's
14 Representative.
15 work from its construction contractor.
5. DPR reserves the right, in addition to any other right it may have,
With the prior approval by the State, City may accept the
16
17
18 easement for the construction, operation, and maintenance of the Project that
19 is on State land.
6. If needed, State shall grant to City, without cost to City, an
20
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.
24
25
26 thereon in a separate interest-bearing account.
'b! City shall place monies advanced by DPR and any interest earned
27 ---
COURT PAPER
STD 113 IREV. 8.721 STATL OF CALIFORNIA
85 34768
3
1 8. In the event the actual cost to complete said work does not exceed
2 the amount or amounts advanced to City under this agreement, the City agrees
3 within ninety (90) days of completion of said work or the termination date of
4 this contract whichever occurs first to refund to DPR the difference between
5
6
7
8
9
10
11
12
13
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
14 therefor whichever is later. The parties hereto agree that until three years
15 after completion of the work, or the final payment therefor, whichever is
16 later, that they shall be subject to examination and audit by the State
17 Auditor General.
18
19 10. City hereby waives all claims and recourse against DPR including any
20 right to contribution for loss or damage to persons or property arising from,
21
22
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
23 officers, agents, and employees.
24
25
26 availability of funds, hold harmless, and defend DPR and its officers, agents,
City shall to the extent it may legally do so and subject to
27 and employees against any and all claims, demands, damages, costs, expenses,
COURT PAPER
STATE OF CALIFORNIA STD. 113 IREV. 8.72)
a5 34769 4
1
2
3
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,
4
5
6
7
8
9
10
11
12
13
14
15
16
17
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.
against State of California and City because of the concurrent negligence of
said entities, their officers, agents, or employees, an apportionment of
1 iability to pay such judgment shall be made by a court of competent
jurisdiction. Neither party shall request a jury apportionment.
In the event judgment is entered
18
19
20
21
22
23 commenced.
24
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
25
26
27 General Services.
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
COURT PAPER
STATE OC CALIFORNIA STD. 113 IREV. 8-721
85 34769 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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 i f
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
prohibits, 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.
---
---
---
COURT PAPER STATE OF CALIPORNIA STO 113 (REV 8.721
85 34769 6
1 IN WITNESS WHEREOF, the parties have executed this instrument upon
2 the date first hereinabove appearing.
3
4
5
CITY OF CARLSBAD STATE OF CALIFONIA
DEPARTMENT OF PARKS AND RECREATION
6
7
8
BY
9 // / 9Pr Date Date / 10
11
12
13
14
15
6-13284
16
17
19
20
21
22
23
24
25
26
27
COURT PAPER
STAT1 OF CALIFORNIA STD. 113 (REV. 8.721
85 34769 7
..
..
NONDISCRIKINATION CLAUSE
1,
(OCP - 1)
During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate ogainst any employee or applicant for employment because of roce, reli- gion, color, notional ori in, ancestry, physicol handfcap, medical condition, morita 9 status, age (over 40) or sex, Contractors an3 subcomroctors shall insure that the evoluo- tion ond treatment of their employees and applicants for em loment are free of such discrimination., Contractors and su contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et se 1 and the applicable regulations promul ated thereunder (~a~i?ornia Administrative Code, Tltle 2, Sect 9 on 7285.0 et ses,), The applicable regulations of the Foir Employment and Housing Cotmission i lemming Government Code, Section 29XJ set forth In Cbopter T of Division 4 of Title 2 of the Ca ! i- fornia Administrative Code ore incorporated into this corrtract by reference and made o part hereof os If set forth in full Contractor and its subcontractors shall give written notice of their obligotlons under this clause to labor organizations with which they have a collective bargaining or other agreement.
2, This contractor shall include the nondlscriminotlon and com- pliance provisions of this clause in all subcontracts to Perfm work under the contract, /