HomeMy WebLinkAbout1990-02-06; City Council; 10486; Approval Agreement California Dept of Boating and Waterways Funding for Phase I Design Carlsbad Blvd Shore Protection Projectt LnnLaBnu - nucNu ILL wy
AB#- TT-PPROVAL OF AGREEMENT WITH CALIFORNIA
DE~T,ENG : MP
CITY A DEPARTMENT OF BOATING AND WATERWAYS MTG?/06/90
DEPT.
FOR FUNDING THE PHASE I DESIGN OF THE
CARLSBAD BLVD. SHORE, PROTECTION PROJECT CITY N
RECOMMENDED ACTION:
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Adopt Resolution No. YH-27 approving an agreement with the St?
of California, Department of Boating and Waterways for the fund:
of the Phase I design of the Carlsbad Boulevard Shore Protectj Project and appropriating agreement funding.
ITEM EXPLANATION:
On July 19, 1988, the City Council adopted Resolution No. 88-:
authorizing the City's formal application with the State
California, Department of Boating and Waterways for fund: assistance to protect a section of Carlsbad Boulevard south of 1
Agua Hedionda Bridge. This portion of the highway, between the 1
(2) SDG&E jetty structures, has historically washed out dur: periods of high tides and heavy Winter storms. A 1988 City Carlsbad funded feasibility study conducted by Woodward-Cl]
Consultants, Incorporated, identified and analyzed several des: alternatives for structural methods of protecting the highway. r
study concluded with a recommendation that the City install sheet-pile driven anchored wall with a reinforced concrete ( along the western edge of the existing sidewalk. Additionally, . study recommended minor reconfiguring and supplementing . existing rock revetments both north and south of the proposed wa The wall concept also includes provisions for beach access, benc and trash receptacles, placement of State Parks lifeguard tow with telephone communications capabilities, emergency vehi access, handicap access, and related improvements.
a 9 On October 2, 1989, Governor Deukmejian signed AB 1580, autho
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by Assembly Speaker Willie Brown, providing $48 million for St
a County received a total of $8.61 million allocated legislative
Assemblyman Robert Frazee was successful in securing $300,000 2 these funds for the City of Carlsbad to begin the Phase I des
work for the project. AB 1580 became effective January 1, 1
with the State of California, Department of Boating and Waterw designated as the administering agency for the Carlsbad proje
Fa Park and Wildlife Preservation projects statewide. San Di
z ..
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The attached agreement with State Boating and Waterways impleme the approved AB 1580 funding for the Phase I design portion of project. Staff has prepared formal design Requests for Propos for the project which will be mailed to qualified firms immediat after approval of this agreement. Preliminary and final desi identification and acquisition of easements and other rights- way, securing required environmental and regulatory permits, related pre-construction project work will be performed within next eight (8) to ten (10) months. Staff is hopeful of secux
all project approvals and completing the design during caler
1990. Staff recommends approval of the attached agreement. a
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Page 2 of Agenda Bill No. /4#fd
With regard to the Phase I1 construction portion of the projel Carlsbadls application for project funding in the 1989-90 St
budget was not approved. The City has subsequently recei confirmation that the 1990-91 State budget will include the rep by the City of Carlsbad through the State of California, Departm
of Boating and Waterways for the State's share of the Phase
construction funding totaling approximately $2.2 million. Boat
and Waterways officials have recently indicated that the Carls project is the number two (2) statewide project priority in
Department's budget program. Further, the project has recen received approval from the State of California, Department Finance as an eligible project. State Finance approval represe
a major hurdle in the State budget funding process. The Govern0
office is currently reviewing the entire State budget which w
be released this coming Spring. Although not assured, there increasing optimism that the project application will be appro
and funded by Boating and Waterways in the upcoming year.
FISCAL IMPACT:
The attached agreement with the State of California, Department Boating and Waterways identifies $300,000 of potential St reimbursement for costs related to the Phase I design portion the Carlsbad Boulevard Shore Protection Project. These funds not require a local match. It is recommended that the City Coun approve the attached agreement and appropriate the $300, reimbursement to the City's current Capital Improvement Prog budget. This appropriation will effectively authorize City st to proceed with the solicitation of Requests for Proposals begin the lengthy project design and permit process. The execut of the attached agreement does not obligate the City of Carls
to fund the Phase I1 construction. Rather, this agreement invol
solely the design, planning, right-of-way issues, permits, related pre-construction work for this project.
A summary of the total project funding scenario is as follows:
Total Estimated Project Cost (Phases I and 11) $3,20O,OC
1990 State Parks and Wildlife Preservation Act Funding for Phase I Design. NOTE: These funds do not require local match. $ 300,OC
Subtotal $2,900,0(
75% State Boating and Waterways Funding
for Phase I1 Construction
25% City of Carlsbad Contribution for Phase I1 Construction
$2,175,0(
$ 725,0(
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Page 3 of Agenda Bill No. /? '%fA
If the State approves Boating and Waterways' participation in
Phase I1 construction, the State will participate on a 75%-
ratio. This will require a City appropriation of approximat
$725,000 in the 1990-91 Carlsbad Capital Improvement Prog
budget. Staff will be submitting this project for the Counci review and consideration in the upcoming CIP. It should be no
that this State program's funding mechanism is identical to t
used by the City of Carlsbad and the State of Californ
Department of Boating and Waterways to successfully fund
construct the Carlsbad Boulevard Seawall Project as well as
Carlsbad Boulevard Blufftop Walkway Project in 1986 and 1987,
It should be noted that this project does not appear in the curr
Capital Improvement Program budget. If Boating and Waterwa funds are secured for the Phase I1 construction portion of project and the City elects to execute the subsequent fund agreement, the estimated $725,000 of City participation will lik
be a General Fund expense. The City Council will need to evalu the priority of this project in relation to other Capi
Improvement Program projects in the 1990-91 CIP budget rev
process.
- EXHIBITS :
1. Resolution No. Yfl-27 approving an agreement with the State
California, Department of Boating and Waterways for the fund of the Phase I design of the Carlsbad Boulevard Shore Protect
Project and appropriating the reimbursement funding.
2. City/State agreement.
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RESOLUTION NO. 90-27
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 AND
APPROPRIATING REIMBURSEMENT FUNDING FOR THE PHASE I DESIGN OF THE CARLSBAD
BOULEVARD SHORE PROTECTION PROJECT
WHEREAS, the City Council of the City of Carlsb;
determined it necessary, desirable, and in the public inter
investigate alternative structural methods of protecting a s
of Carlsbad Boulevard, south of the Agua Hedionda Bridge: a
WHEREAS, the City Council has previously ap
Resolution No. 88-253 authorizing the formal application wi
State of California, Department of Boating and Waterwal
funding assistance for said project; and
WHEREAS, Assembly Bill 1580, the State Park and Wi
Preservation Act became effective January 1, 1990 which in
$300,000 of State funding for the Phase I design portion o
project : and
WHEREAS, the State of California, Department of B
and Waterways has prepared an agreement which implements the
I portion of the project and identifies the aforemen
reimbursement funding from the State to the City for said pr
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and correct.
2. That an agreement with the State of Calif
Department of Boating and Waterways regarding the Phase I f
for the design of the Carlsbad Boulevard Shore Protection F
is hereby approved and the Mayor and City Clerk are authoriz
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directed to execute said agreement in accordance her
resolution to the Municipal Projects Department for their re 9
authorized and directed to forward a copy of said agreeme 8
Sacramento, California, 95814-7291. The City Clerk i: 7
Waterways, attention Mr. George Armstrong, 1629 "S** 5 6
resolution, to the State of California, Department of Boati 5
agreement with original signatures, as well as one (1) copy c 4
is authorized and directed to forward eight (8) copies o 3
Following the Mayor's signature of said agreement, the City
10 3. That the City Council does hereby appro
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reimbursement value of the agreement from the State to the ( 12
appropriation in the amount of $300,000 representin
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ABSENT : None 23
NOES: None 22
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux an 21
by the following vote, to wit: 20
Carlsbad City Council held on the 6th day of February I 19
PASSED, APPROVED AND ADOPTED at a regular meeting 18
necessary to affect said project. 17
project as well as all other applications, permits, and apy 16
City staff to proceed with soliciting design proposals fc 15
4. That the City Council does hereby authorize and 14
the 1989-90 Capital Improvement Program budget. 13
(Ad!dL* CLAUDE A. LEWIS, Mayor
25 ATTEST :
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27 rLkk$f 4 J -iUT<%yCrperk
28 (SZAL)
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bESPGN CONTRACT
$300,000 CARLSBAD BOULEVARD SHORELINE PROTECTION PROJECT
This contract is entered into on February 6, 1990 between t
California Department of Boating and Waterways (DEPARTMENT) and t
City of Carlsbad (DESIGNER) .
RECITALS :
1. The DEPARTMENT is authorized under Section 65.2 of t
California Harbors and Navigation Code to prepare plans a
construct works for beach erosion control and stabilizati
of beaches and shoreline areas; and
2. The DEPARTMENT is authorized by said Section to cooperate wi
other governmental agencies in the preparation of plans a
in the construction of such works; and
3. The contracting parties are public agencies within the meani
of Section 6500 of the Government Code: and
4. The contracting parties wish to jointly exercise their powe
in completing the project Contemplated by this contract.
CONTRACT :
The DEPARTMENT and the DESIGNER agree as follows:
1. CONTRACT
This contract incorporates EXHIBIT A, Standard Terms a
Conditions.
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2. PROJECT
The project shall consist of the purchase of right-of-way a1
the preparation of plans and specifications for approximate:
1960 linear feet of concrete capped steel sheet-pile seawa:
and all other necessary construction work along Carlsbi
Boulevard. The seawall is to run from the south abutment (
the Aqua Hedionda Lagoon bridge downcoast to the outflc
structure of the Encina Power Plant.
The work to be performed under this agreement shall, in so fi
as funds are available, consist of the purchase of right-o:
ways, planning, design plans and specifications fc
approximately 1,960 linear feet of steel sheet-pile concre-
capped seawall and all other related construction work a101
Carlsbad Boulevard from the south abutment of the Agi
Hedionda Lagoon bridge down coast to cutflow structure of tl
Encina Power Plant.
3. PROJECT COMPLETION DATE
The DESIGNER shall complete the plans and specifications fc
the PROJECT no later than February 6, 1992.
4. PAYMENT
The DEPARTMENT shall pay the DESIGNER up to THREE HUNDRI
THOUSAND DOLLARS ($300,000) OR ONE HUNDRED PERCENT (100%) t
the PROJECT COSTS (see EXHIBIT A for definition) , whichevc
is less.
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5 i NOTICES
Notices required between the parties shall be deemed to ha
been given when mailed to the respective addresses belo’
first-class postage fully prepaid thereon:
To DEPARTMENT: Department of Boating & Waterways
1629 S Street Sacramento, CA 95814-7291
To DESIGNER : City of Carlsbad Director of Finance City Hall
1200 Elm Avenue Carlsbad, CA 92008
CITY OF CARLSBAD STATE OF CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS
BY BY Mayor Director
Date Signed Date Signed
I hereby certify that all conditions for exemption set forth .
State Administrative manual Section 1209 have been complied wi.
and this document is exempt from review by the Department f
Finance.
Director
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EXHIBIT
BEACH EROSION CONTROL PROJECT
CONTRACT
STANDARD TERMS AND CONDITIONS
ARTICLE I - DEFINITIONS
A. CONTRACT means the contract to which these standard terms a
conditions are appended.
B. PROJECT means the project defined in paragraph 2 of t
CONTRACT -
C. PAYMENT means that money provided pursuant to Harbors a
Navigation Code Section 65.2 to finance the DEPARTMENT
portion of the PROJECT COSTS.
D. PROJECT COSTS mean those engineering design costs which a
necessarily incurred by the DESIGNER for the purpose
completing the PROJECT and are approved by the DEPARTMEN
however, such PROJECT COSTS shall not include indirect
overhead charges claimed by the DESIGNER to cover cos
involvinq employees of DESIGNER and shall not include a
expenses incurred prior to the effective date of th
CONTRACT.
ARTICLE I1 - TERM OF CONTRACT
A. The term of this CONTRACT, subject to any provision for pri
termination, shall begin with the effective date of t
CONTRACT and shall continue for TWO (2) years from such dat
B. This CONTRACT may be extended, amended or cancelled up
agreement of both the DEPARTMENT and the DESIGNER.
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ARTICLE I11 - PAYMENT
A. PAYMENT may be made either (1) in advance of PROJECT work (
(2) after the occurrence of work (in arrears).
1. A PAYMENT advance shall be subject to the followii
conditions:
a) The DESIGNER may request a PAYMENT advance from tl
DEPARTMENT to cover ONE-HUNDRED PERCENT (100%) I
those PROJECT COSTS expected to occur in tl
succeeding THIRTY (30) day period.
b) Requests for PAYMENT advances may not be made mo:
than once every THIRTY (30) days.
c) All advances shall be deposited in an account whim
shall reflect all receipts and expenditures of su
advances.
d) All expenditures of an advanced PAYMENT shall
made only after receiving the written approval
the DEPARTMENT; requests for such approval must
accompanied by invoices or other evidence of PROJE
COSTS and may be made only once every THIRTY (3
days.
e) The DESIGNER shall request DEPARTMENT approval
the final expenditure of an advanced PAYMENT
later than THIRTY (30) days following the DEPARTME
approval of PROJECT acceptance.
f) Any PAYMENT advanced by the DEPARTMENT to t
DESIGNER shall remain the property of the DEPARTME
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until such PAYMENT is approved for expenditure :
the DEPARTMENT.
g) The DESIGNER shall invest any advance PAYMENT n
required to meet immediate contractual obliyatio
in an interest bearing account. Any intere
accrued from such investments shall be deposited
the above-mentioned account and shall be used
help pay the PROJECT COSTS.
h) The DESIGNER shall return to the DEPARTMENT a
PAYMENT remaining after all PROJECT COSTS have be
paid; such PAYMENT funds shall be returned to t
DEPARTMENT no later than SIXTY (60) days followi
date of acceptance of the PROJECT by the DESIGNE
2. A PAYMENT in arrears shall be made as follows:
a) The DEPARTMENT may make a monthly PAYMENT under th
CONTRACT upon written request by the DESIGNER, su
requests shall be substantiated by invoices or 0th
evidence of PROJECT COSTS submitted by the DESIGNE
b) The DESIGNER shall request final PAYMENT under th
CONTRACT no later than SIXTY (60) days following t
date of acceptance of the PROJECT by the DESIGNE
C. The DEPARTMENT may withhold any PAYMENT for failure by t
DESIGNER to comply with any of the conditions and provisio
of this CONTRACT.
D. The DEPARTMENT may withhold from any PAYMENT an amount equ
to TEN PERCENT (10%) of approved PROJECT COSTS until t
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DEPARTMENT has approved the acceptance of the PROJECT.
E. DEPARTMENT shall approve payment to DESIGNER on all invoict
submitted by DESIGNER to DEPARTMENT within forty-five (4!
days after receipt and approval of said invoices.
ARTICLE IV - DESIGN OF PROJECT
A. The DESIGNER shall obtain from the DEPARTMENT advance writtr
approval for the following:
1. All Requests for Proposals prior to advertisement,
2. All contracts prior to award,
3. All requests for design changes in the plans a:
specifications, and
4. Acceptance of the PROJECT by the DESIGNER.
B. All contracts for design of the PROJECT shall:
1. Be awarded in accordance with all applicable laws a
regulations.
2. Contain the following clause: "Representatives of t
Department of Boating and Waterways shall be allowed
meet and confer with contractor and/or consultants hir
by the DESIGNER at any stage in the design process."
3. Contain a clause that there shall be no discriminati
against any employee who is employed in the work cover
by such contracts or against any applicant for su
employment because of sex, race, religion, color, ag
national origin, or physical handicap, and that su
provisions shall include, but not be limited to:
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employment, upyradiny, promotion or transfe:
recruitment, or recruitment advertising, layoff t
termination, rates of pay or other forms of compensatiol
and selection for training including apprenticeship.
ARTICLE V - PLANS AND SPECIFICATIONS
Plans and specifications developed for the PROJECT shall 1
prepared by persons licensed by the State of California .
undertake the type of planning required by the PROJECT (engineer
or architect's certificate number to appear on planning documents
ARTICLE VI - LIABILITY
A. The DESIGNER waives all claims and recourse against t:
DEPARTMENT including the right to contribution for any 10,
or damage arising from, growing out or in any way connect1
with or incident to this CONTRACT except claims arising frl
the concurrent or sole negligence of the DEPARTMENT, i.
officers, agents and employees.
B. To the extent permitted by law, the DESIGNER shall indemnif
hold harmless, and defend the DEPARTMENT, its officers, agen
C.
and employees against any and all claims, demands, damage
costs, expenses or liability arising out of the acquisiti,
and design of the PROJECT.
If the DEPARTMENT is named as a co-defendant pursuant
Government Code Sections 895, et seq, the DESIGNER sha
notify the DEPARTMENT and represent it unless the DEPARTME
elects to represent itself. If the DEPARTMENT undertakes i
own defense, it shall bear its own litigation costs, expens
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and attorney's fees.
ARTICLE VI1 - WAIVER OF RIGHTS
It is the intention of the parties hereto that from time to til
either party may waive certain of its rights under this CONTRACr
Any waiver at this time by either party hereto of its rights wi.
respect to a default or any other matter arising in connection wi.
CONTRACT, shall not be deemed to be a waiver with respect to a:
other default or matter.
ARTICLE VI11 - REMEDIES NOT EXCLUSIVE
The use by either the DEPARTMENT or the DESIGNER of any reme1
specified in the CONTRACT for the enforcement of the CONTRACT
not exclusive and shall not deprive the party using such remedy o
or limit the application of, any other remedy provided by law.
ARTICLE IX - OPINIONS AND DETERMINATIONS
Where the terms of this CONTRACT provide for action to be bas
upon the opinion, judgment, approval, review, or determination
either the DEPARTMENT or DESIGNER, such terms are not intended
be and shall never be construed as permitting such opinio
judgment, approval, review, or determination to be arbitrar
capricious, or unreasonable.
ARTICLE X - ASSIGNMENT
No assignment or transfer of this CONTRACT or any part hereo
rights hereunder, or interest herein by DESIGNER shall be Val
unless and until it is approved in writing by the DEPARTMENT a
made subject to such reasonable terms and conditions as t
DEPARTMENT may impose.
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ARTICLE XI - SUCCESSORS AND ASSIGNS OBLIGATED
This CONTRACT and all of its provisions shall apply to and bind t
successors and assigns of the parties hereto.
ARTICLE XI1 - INSPECTION OF BOOKS, RECORDS, AND REPORTS
During regular office hours, each of the parties or their du
authorized representatives shall have the right to inspect and ma
copies of any books, records, or reports of the other par
pertaining to this CONTRACT or matters related hereto. Bo
parties shall maintain and make available for such inspecti
accurate records of all of its costs, disbursements, and receip
with respect to its activities under this CONTRACT.
ARTICLE XI11 - PRIOR TERMINATION
The CONTRACT shall terminate on the date specified in Paragraph
of this CONTRACT if (1) the DESIGNER has not met all conditio
precedent to disbursement under this CONTRACT by such date, or (
if no disbursement by the DEPARTMENT of a PAYMENT occurs by su
date.
ARTICLE XIV - SUBJECT TO AUDIT
All contracts entered into by the DESIGNER involving an expenditu
of a PAYMENT shall contain a provision which indicates that t
contracting parties shall be subject to the examination and aud
of the California Auditor General for a period of THREE (3) yea
after final payment under this CONTRACT. Further, the DEPARTME
reserves the right to audit all records pertaining to and a
contractors employed by the DESIGNER involved with expenditures a
expenses related to the completion of the PROJECT.
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