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HomeMy WebLinkAbout1996-06-04; City Council; 13670; APPROVAL OF A COST SHARING AGREEMENT FOR THE CONSTRUCTION OF A SHORE PROTECTION WALL ADJACENT TO THE AGUA HEDIONDA LAGOON7 I, WY OF CARLSBAD - AGV I \ A BILL <2 YL c c- AB #f - DEPT. ENG AGREEMENT FOR THE CONSTRUCTION OF A MTG, 6/04/96 E APPROVAL OF A COST SHARING SHORE PROTECTION WALL ADJACENT TO THE AGUA HEDIONDA LAGOON DEP? CITY CITY I I I RECOMMENDED ACTION: Adopt Resolution No. 5 6 "18% authorizing the Mayor to execute a cost sharing agi between the City of Carlsbad and the State of California Department of Boat Waterways for the construction of a shore protection wall adjacent to the Agua H Lagoon. I ITEM EXPLANATION: a 8 ac CL 9 2 Since 1993, City staff has been pursuing various funding sources in order to cor shore protection wall along Carisbad Boulevard between the jetties adjaceni Agua Hedionda Lagoon. The purpose of this structure is to protect the roadw potential damage as a result of wave action from intense storms originating off thc Ocean. The proposed project will construct 2,500 lin. ft. of shore protection wall betw existing jetties with an additional 400 lin. ft. of rock revetment directly south of the il to the lagoon, Construction is projected to start later this year and is estimated approximately $4,128,000. The State, in its 9596 fiscal year budget, included $1,335,000 with the Deparl Boating and Waterways for the construction of this needed facility. The City pr appropriated $800,000 for this project through the adoption of the Capital Imprc Program (CIP). Staff is currently completing negotiations with the U.S. Army ( Engineers to secure an additional $2,000,000 through their Section 103 Cc Authorization Project (CAP) process. Staff will be processing the federal Cooperative Agreement for Council approval in the next few months which will prc total funding necessary to construct this project The cost sharing arrangements outlined in the attached agreement stipulate that excess of the Amy Corps of Engineers $2,000,000 limit will be shared at a rate ( The City can also receive credit for in-kind services such as staff assistance, in and contract administration. The agreement stipulates that the project must be c by September 30, 1998. FISCAL IMPACT: The combination of the three funding sources will provide a total amount of $4, which is sufficient to construct the shore protection wall. The estimated construc of $4,128,000 includes a 25% contingency factor . However, during the final desi{ these cost will be refined and, based on the current construction climate, ' construction costs are expected to be lower resulting in a cost savings. EXHIBITS: 1. Resolution No. '76 " 18 8 authorizing the Mayor to execute a cost agreement between the City of Carlsbad and the State of California Depar z 0 the Agua Hedionda Lagoon. F Boating and Waterways for the construction of a shore protection wall adj 0 a 6 z 3 0 2. Cost Sharing Agreement between the City of Carlsbad and the State of C Department of Boating and Waterways. 0 1. i e 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ja 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9 6 - 18 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBA CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A COST SHARIF AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE STATE ( CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS FOR Tt CONSTRUCTION OF A SHORE PROTECTION WALL ADJACENT TO Tt AGUA HEDlONDA LAGOON. WHEREAS, the City Council of the City of Carlsbad wishes to protect a 1 Carlsbad Boulevard adjacent to the Agua Hedionda Lagoon from possible damage as i intense storms generated off the Pacific Ocean; and WHEREAS, the State of California appropriated $1,335,000 through the Depz Boating and Waterways for the construction of a shore protection wall adjacel Agua Hedionda Lagoon; and WHEREAS, the City of Carlsbad is required to execute a cost sharing agreemer to receive said monies from the State of California; and WHEREAS, it is in the interest of the City to secure the funds in order to pr highly traveled northlsouth circulation roadway from potential damage from storms. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Ca follows: I. That the above recitations are true ad correct. 2. That it is in the interest of the City of Carlsbad to secure $1,335,000 es through the State of California Department of Boating and Watetways for the construc shore protection wall adjacent to the4gua Hedionda Lagoon. Ill Ill //I ~ Ill /I1 I /I1 I I 1% & 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 28 a 0 3. That the Mayor and City Clerk are hereby authorized to execute the A between the City of Carlsbad and the State Department of Boating and Waterways an, Clerk is further directed to transmit the executed agreements to Mr. Kim Sterretl Manager, State of California Department of Boating and Waterways, Beach Erosion 1629 "S" Street, Sacramento, California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit held on the 4th day of JUNE , 1996 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Hall / NOES: None ABSENT: Council Member Finnila ATTEST: In ALETHA L. RAUtENk (SEAL) 1 ~ 1' 0 DBU c+ 9s -380- Agreement No. RETWERN THE CITY OF pm OF BOATING AND WATERWAYS THIS AGREEMENT is entered into onzAuvp,eq 1. 19% , between t: and Waterways (DEPARTMENT) . City of Carlsbad (CITY) and the California'Department c of Boatil ARTICLE I RECITALS 1. The project funded by this agreement consist of the construction of: 1) approximately 2250 feet of concrete capped sheetpile seawall with two stairways and three accc ramps, all fronted by a rock riprap scour apron, 2) a 415 foot rock revetment on the north end of the project, and add alternates for a 250 foot extension of the seawall SOL of the warm water outlet, and 380 feet of rock revetment i the southern portion of the project. This construction shall be hereafter referred to as "PROJECT". 2. The DEPARTMENT is authorized under Harbors and Navigation Code Section 65.2 to contract with a municipal agency to construct beach erosion projects for the best interest of the State. Departmental partnership policy establishes a 75% State share and a 25% local agkncy match. 3. The DEPARTMENT and the CITY jointly exercise their authori for the cost-share participation of the PROJECT construction. 4. The DEPARTMENT is authorized under Harbors and Navigation Code Sections 65.5 and 65.7 to expend State funds for participation in beach erosion projects undertaken by the U. Sf Army Corps of Engineers, (GOVERNMENT) . STATE Or: CALIFORNIA 1 ;.-:J'j. .- . (.IF ~;~~l;~y~~~(; ANII wxrww;~Ys ; :i;::) s st,-<>.> c. t 3: $ y"." Cf '.:? ."";'"<:, &:".,;. :, s ; .. . 7 .* <.. 1 j ~, .. '.-? 1 ti, . 5.- .<.' I. 4'. .,, t' ,. : : l.. ,<,,'$, 1 . ', .. - ' . ". .. : , 1 ::;..:!-ak?lcr:tc), Calilornici 9iiY14 1. ' a 0 AGREEMENT Department of Boating and Waterways 5. State participation in U.S. Army Corps of Engineers secti 103 small beach erosion control projects is provided pursuant to section 65.7 of the Harbors and Navigation Cc Congress has by enactment of Public Law 874, Eighty-Seven Congress, Section 103 of the Rivers and Harbors Act of 19 Title I of Public Law 89-298, 79 Stat. 1073 (33 USC 426(f and 426 (g)), provides for small beach erosion control projects not specifically authorized by Congress and undertaken by the United States Corps of Engineers. This provides for Federal cost-sharing participation of 65% of participation. the total project cost or up to a $2,000,000 maximum ARTICLE I1 GWRAL TERMS UNDERTAKEN BY THE CITY WITH GOVERNMENT PARTICIPATION 1. If any portion of this project is performed in cooperatior with the United States Army Corps of Engineers (GOVERNMEN: the CITY will enter into an Project Cooperative Agreement (PCA) with the GOVERNMENT to become local sponsor for undertaking the PROJECT. 2. The CITY will include the DEPARTMENT representative on the Project Coordination Team. 3. The CITY shall obtain within ONE IiUNDRED TWENTY (120) days of completion and acceptance of the PROJECT a full accounting from the GOVERNMENT, including an itemization c any funds contributed by the various parties thereof, and shall diligently pursue refund of any such unexpended mone and receipt thereof, shall divide proportionately any such monies between the DEPARTMENT and the CITY. UNDERTAKEN BY CITY WITHOUT GOVERNMENT PARTICIPATION 1. PLANS AND SPECIFICATIONS A. The plan for work shall be approved by the DEPARTMENT in writing prior to advertising for bids and no change in , 0 8 AGREEMENT Department of Boating and Waterways the plans and specifications shall be made without the advance written approval of the DEPARTMENT. B. The CITY agrees to perform, or cause to be performed the work specified in the approved plan. C. The work undertaken by the CITY shall be constructed 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. and performed in accordance with the law applicable to th 2. PERFORMANCE OF WORK. A. The CITY shall do, or cause to be done, under its direct supervision, the work provided for under this agreement; such work shall be performed to the satisfacti of the DEPARTMENT and shall be subject at all times to th inspection and approval. To this end, the CITY shall all the DEPARTMENT reasonable access to the work site. The C shall assign one inspector to the project on a full time basis at any time that the Contractor is actively working the project site. B. If construction administration is to be performed by consultants, the DEPARTMENT shall participate in an advis capacity in the evaluation of the Consultants and may communicate directly with the Consultant during design an construction. t C. If the work is to be performed by contract, a summar of the estimates, bids, bid summaries, and contract shall forwarded by the CITY to the DEPARTMENT for approval prio 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 ensure completion. D. Insofar as the CITY may be authorized by the DEPARTM to perform any part of the work with its own forces, CITY owned equipment used for said work may be charged at the 0 0 AGREEMENT Department of Boating and Waterways rental rates established heretofore by the CITY, if such rates have not been so established, allowance for use of such equipment may be charged as approved by the DEPARTMI 3. REPORTS. Within Sixty (60) days after completion of work, CITY shq file with the DEPARTMENT a final report of expenditures. All reports, plans, specifications, estimates, statement; expenditures and expenses, and other documents required 1 be submitted by the CITY to the DEPARTMENT shall be in a form satisfactory to the DEPARTMENT. UNDERTAKEN BY DEPARTMENT 1. FUNDS. A. The DEPARTMENT will reimburse the CITY up to $1,335, as the DEPARTMENT'S share of the cost of PROJECT. The DEPARTMENT'S share of the PROJECT costs is as follows: I) Any work undertaken by the GOVERNMENT on behalf the CITY, subject to terms of this agreement, shall reimbursed at FIFTY PERCENT (50%) of the CITY's shar of the PROJECT costs. 11) Any work undertaken by the CITY or the CITY'S contractor, subject to terms of this agreement, shal be reimbursed for up to SEVEhY-FIVE PERCENT (75%). 111) The DEPARTMENT shall under no circumstances be obliged to expend under this agreement any amount in excess of funds herein made available. B. None of the funds made available under this agreemen are to be used to pay the CITY's general overhead or administrative costs, including, but not limited to, its legal, clerical, or other personnel expenses, except to t extent that such costs are directly attributable to the subject project and are approved by the DEPARTMENT. 0 0 AGREEMENT Department of Boating and Waterways 2. PAYMENT A. Payment to cover the cost of Construction to the GOVERNMENT portion of the project will made in accordance the PCA. B. Payments to cover the costs of CITY construction may made either through advances or in arrears. C. Advances shall be subject to the following condition I) The CITY may request an advance from the DEPARTMENT to cover the CONSTRUCTION COSTS expected ! occur in the succeeding THIRTY (30) day period. 11) Requests for advances may not be made more than once every THIRTY (30) days. 111) All advanced funds shall be deposited in an account which shall reflect all receipts and expenditures of such funds. IV) All expenditures of advanced funds shall be made only after receiving the written approval of the DEPARTMENT; requests for such approval must be accomplished by invoices or other evidence of CONSTRUCTION COSTS and may be made only once every THIRTY (30) days. - I V) The CITY shall request DEPARTMENT approval of th final expenditure of advanced funds no later than THIRTY (30) days following the DEPARTMENT approval of CONSTRUCTION acceptance. VI) The DEPARTMENT may withhold from the advances an amount equal to TEN PERCENT (10%) of approved CONSTRUCTION COSTS until the DEPARTMENT has approved the acceptance of the CONSTRUCTION. VII) All funds advanced by the DEPARTMENT to the CITY shall remain the property of the DEPARTMENT until suc; funds are approved for expenditure by the DEPARTMENT. , e 0 AGREEMENT Department of Boating and Waterways VIII) The CITY will invest any advanced funds, that not required to meet immediate contractual obligatic in an interest bearing account, and any interest accrued from such investments shall be deposited in above specified account and shall be used to help pa the CONSTRUCTION COSTS. IX) The CITY shall return to the DEPARTMENT any CONSTRUCTION COSTS have been paid; such funds shall returned to the DEPARTMENT no later than SIXTY (60) days following date of acceptance of the constructio by the CITY. advanced funds remaining in the account after all D. Payments made in arrears shall be made as follows: 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 DEPARTMENT'S share of all amounts incurred or expended by CITY in performance of said work, The DEPARTMENT may sto] provisions of this agreement. payment if the CITY fails t.o comply with any of the 4. MISCELLANEOUS PROVISIONS. A. CITY shall procure any and al'l permits, licenses or authorization which may be required by federal or state 1; in reference to said work before payments will be made unc this agreement and no expenditures therefore shall be chargeable against the cost. of this project. B. CITY shall comply with all local, state, and federal laws and regulations regarding non-discrimination based UE race, color, creed, sex, national or ethnic origin, etc., the administration of this contract and any contracts isst as a result of this contract. All contractors and subcontractors shall be required to comply with this condition. 0 a AGREEMENT Department of Boating and Waterways C. The waiver of a breach of any of the provisions of t agreement shall not be deemed to be a waiver of any othe~ provisions hereof, or of a subsequent breach of such provisions. D. CITY shall certify its compliance with Government Cc section 8355 in matters relating to providing a drug-frec workplace. ARTICLE I11 TERM OF CONTRACT 1. The term of this AGREEMENT, subject to any provision for prior termination, shall begin with the effective date of the AGREEMENT and shall continue for FOUR (4) years from such date. 2. This AGREEMENT may be extended, amended or canceled upon agreement of both the DEPARTMENT and the CITY. 3. The PROJECT will be completed by September 30, 1998, ARTICLE IV OWNERSHIP AND MAINTENANCE The DEPARTMENT acquires no ownership or interest in the PROJEC and shall not be responsible or liable for its maintenance, operation or adequacy. The CITY will maintain and operate the PROJECT during its useful life as may be required to serve its intended purpose. 1 ARTICLE V LIABILITY 1. The CITY waives all claims and recourse against the DEPARTMENT including the right to contribution for any IC or damage arising from, growing out of or in any way connected with or incident to this AGREEMENT except clairr arising from the concurrent or sole negligence of the DEPARTMENT, its officers, agents and employees. 2. To the extent permitted by law, 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 liability arising out of the 0 0 AGREEMENT Department of Boating and Waterways acquisition, design, construction, operation, maintenancc failure of the PROJECT. 3. If the DEPARTMENT is named as a co-defendant pursuant to Government Code Sections 895, et seq, the CITY shall not] the DEPARTMENT and represent it unless the DEPARTMENT el€ to represent itself. If DEPARTMENT undertakes its om defense, it shall bear its own litigation costs, expense: and attorney's fees. ARTICLE VI WAIVER OF RIGHTS It is the intention of the parties hereto that from time to ti either party may waive certain of its riqhts under this AGREEMENT. AXIY waiver by either party hereto of its rights Wi respect to a default or any other matter arising in connection with AGREEMENT, shall not be deemed to be a waiver with respec to any other default or matter. ARTICLE VI1 REMkDIES NOT EXCLUSIVE The use by either the DEPARTMENT or the CITY of any remedy specified in the AGREEMENT for the enforcement of the AGREEMEN is not exclusive and shall not deprive the party or limit the application of, any other remedy provided by law. ARTICLE VI11 OPINIONS AND DETERMINATIONS Where the terms of this AGREEMENT provide for action to be bas either the DEPARTMENT or CITY, such terms are not intended to and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. upon the opinion, judgment, approval, review, or determination ARTICLE IX ASSIGNMENT No assignment or transfer of this AGREEMENT or any part hereof rights hereunder, or interest herein by CITY shall be valid unless and until it is approved in writing by the DEPARTMENT a1 made subject to such reasonable terms and conditions as the DEPARTMENT may impose. e 0 AGREEMENT Department of Boating and Waterways ARTICLE x SUCCESSORS AND ASSIGNS OBLIGATED This AGREEMENT and all of its provisions shall apply to and bi the successors and assigns of the parties hereto. ARTICLE XI INSPECTION OF BOOKS, RECORDS, AND REPORTS During regular office hours, each of the parties or their duly authorized representatives shall have the right to inspect and make copies of any books, records, or reports of the other par pertaining to this AGREEMENT or matters related hereto. Both parties shall maintain and make available for such inspection accurate records of all of its costs, disbursements, and receil with respect to its activities under this AGREEMENT. ARTICLE XI1 PRIOR TERMINATION The AGREEMENT shall terminate on the date specified in Article I11 of this AGREEMENT if: 1. the CITY has not met all conditions precedent to disbursement under this AGREEMENT by such date, or 2. no disbursement by the DEPARTMENT of a PAYMENT occurs by such date. ARTICLE XI11 SUBJECT TO AUDIT The contract entered into by the GOVERNMENT and CITY involving expenditure of a PAYMENT shall contain ‘a provision which indicates that the contracting parties shall be subject to the examination and audit of the California Auditor General for a period of THREE (3) years after final payment under this AGREEMENT. Further, the DEPARTMENT reserves the right to audit all records pertaining to and all contractors employed by the CITY involved with expenditures and expenses related to the completion of the PROJECT. ARTICLE XIV DISPUTES All disputes concerning questions of fact arising under this AGREEMENT shall be decided by the director of the DEPARTMENT, 0; his authorized representative, and such decisions shall be fina: 0 0 AGREEMENT Department of Boating and Waterways and conclusive upon both parties to this AGREEMENT. ARTICLE XV FINAL REPORT After completion of work by GOVERNMENT the CITY shall forward final GOVERNMENT report of expenditures to the DEPARTMENT. ARTICLE XVI UNEXPENDED BALANCE The CITY shall diligently pursue the return of funds unused by the GOVERNMENT and the CITY shall return the DEPARTMENT'S shar of any such unexpended money. ARTICLE XVII GENERAL SERVICES APPROVAL This agreement is not valid until approved by the California Department of General Services. 1 *. e 0 AGREEMENT Department of Boating and Waterways IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates opposite their respective signatures: Date & - 6 -9 (0 City Council of Carlsbad, California STATE OF CALIFORNIA DEPARTMENT BOATING AND WATERWAYS DEPARTMENT OF BOATING AND WATERWAYS CONTRACT # 95-300-201 with City of Carlsbad BUDGE3 APPROPRIATION: CH 303/95 ITEM 3680-1 01 -001 (a) 30(1) L AMOUNT $ 1,335,000 tine hem Allotment: Beach Erosion Control FUND: General Fund M 95-96 ep 4 Amount of this estimate $1,335,000.00 I certify upon my own personal knowlege that budgeted funds are available for the period and pu~ the expenditure stated above. 1 Accounting Officer \ ate: April 19, 1996 FFY 3680 95-300-201 04-1 9-96 W 5WOO 95 INDEX DOCUMENT DATE VENDOR OBJ AJ 376001 95 1,335,000.00 63003 702.03 PROJECT WP AMOUNT PCA 0 h AGREEMENT Department of Boating and Waterways 0 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates opposite their respective signatures: Date 6 - 6 -9 6 City Council of Carlsbad, California STATE OF CALIFORNIA DEPARTMENT C BOATING AND WATERWAYS Date 4 33 @4rb Bafiuelos, Director . Aletha Rfutenkranz, Clerk \ i of the City Council of Carlsbad, California 1 b e 0 ‘h May 23, 1996 TO: CITY CLERK FROM: Associate Engineer Jantz COST SHARING AGREEMENT AGENDA BILL Enclosed are seven copies of a cost sharing agreement with the State Department of Boating and Waterways for the construction of a shore protection wall adjacent to the Agua Hedionda Lagoon. This item is scheduled for approval by the Council at their June 4, 1996 meeting. These agreements are being transmitted to you to be executed after the Council hearing. If you have any questions, please contact me at extension 4354.