Loading...
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, /