HomeMy WebLinkAbout1985-10-01; City Council; Resolution 8194c
1
2
3
4
c; Y
E
'i
E
1(
13
1:
I!
1'
1;
1'
21
2
2
2
2
2
2
2
2
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
WHEIBAS, the State of California and the City of Carlsbad
Lave appropriated funds for the construction of a seawall in
:arlsbad; and
WHEREAS, the State of California and the City of Carlsbad
lesire to enter into an agreement for the funding of the seawall.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
:he 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
Xty Council of the City of Carlsbad held the
1985, by the following vote, to wit:
1st day of October
AYES: Council Mrs Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
MARY dSLER, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ , City Clekk
(SEAL)
EXHIBIT A to
RESOLUTION 8194
CWSB- BOULEVAED SHORE PRmECTION PROJECT LBe;lREEHEPS%
THIS AGREEMENT is entered into on , 1985, by and
between the CITY OF CARLSBAD (CITY) and the STATE OF
CALIFORNIA, acting by and through its DEPARTHEMT OF BOATING AND
WATERWAYS (DEPARTMENT).
I, RECITALS
(a) The 40-foot high bluffs in front of Canlsbad
Boulevard at Carlsbad State Beach from Oak to Tamarock 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
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
panticipate 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
coopearate with other governmental agencies in the preparation
1
3
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 CORDITIOHS
1. DESCRIPT'ION 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 3each
shoreline from Oak Avenue to the Aqua Hedionda Lagoon entrance
jetty (PROJECT),
2, PLANS Ah3 SPECIFICATIONS. The plan for work shall be
approved by DEFARTHEMT in writing prior to advertising for bids
and no change in the plan shall be made without the advance
written approval of DEPARTPIEMT.
(a) CITY ayxees to perjEorm, 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
shall govern.
3. PERFORHANCE OF WORK,
(a) CITY shall do, of: cause to be done, under its direct
2
supervision, the
such work shall
work provided for under this agreement;
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 directly with the
Consultant during design and construction.
{c) If the work is to be performed by contract, a sumnlary
of the estimates, bid, and contract shall be forwarded by
CITY to DEPARTMENT for approval prior to award. No
payrcent shall be made for wonk penformed on any such
contract awarded by CITY until said appEoval 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,
(a) Insofar as CITY may be authorized by DEPARTBENT to
perform any part of the work with its own forces, CITY-
owned equipment used €or 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.
3
(e) CITY shall diligently prosecute and complete work
within eighteen months from the date of this agreement.
(€1 During the progress of the work, all data afid records
pertaining thereto, in the possession or control of either
party shall be nade fully available to the other for the
due and proper accomplishment of the purposes and
objectives thereof.
4. FUI3DS.
(a) For work undertaken by the CITY# the DEPARTMENT
shall, subject to terms of this agreement, reimburse CITY
€or SEVEMTY-FIVE PERCENT (75%) of the cost of the work
described in paragraph 1, provided that such reimb-urseaent
shall not exceed $2,915,000. Any reimbursenent exceeding
$2,735,000 sha.1 i require prior approval by the California
Department of Finance, Cost of performing construction
work shall include, but not he iirriited to payments to
CITY'S contractorp work perforn.,ed by its own forces as
described above, necessary engineering design,
supervision, and inspection (CONSTRUCTION COSTS).
DEPARTMEMT shall under no circumstances be obliged to
expend for or on account of work provided €or under this
agreement any amount in excess of funds herein made
available.
(ia) The obligations created by this agreement respecting
D EP A iiT N E N T 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
4
6
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 DEPARTHENT.
(a) Payments to cover the costs of construction may be
made either (I) through advances or (2) in arrears.
1. Advances shall be subject ko the fsllowing
conditions:
a) The CITY nay request an advance from the
DEPARTMENT to cover the CONSTRUCTION COSTS
expected to occur in the succeeding THIRTY
(30) dray period.
b3 Requests fox advances may not be made more
than once every THIRTY (30) days.
c) All advanced funds shall be deposited in an
account which shall reflect all receipts and
expenditures of such funds.
5
7
All expenditures of advanced €urds shall be
made only aEter receiving the written
approval. of the DEPARTMENT; requests for
such approval must be accomplished by
invoices or other evidence of CONSTRUCTION
COSTS and nay be made only once every TBIRTY
(30) days.
The CITY shall request DEPARTMENT approval of
the final expenditure of advanced funds no
later than TEIRTY (30) days following the
DEPARTMENT approval or' CONSTRUCTION
acceptance.
The BEPARTEEKT nay withhold from the advances
an arxount equal to TZl? PERCENT (10%) of
approved CONSTRUCTION COSTS until the
DEFARTHEI?T has approved the acceptance of the
COX~ST3UCTION
A11 funds advanced by the DEPARFI4EMT to the
CITY shall remain the property of the
DEPARTRENT until such ft;nds are approved for
expenditure by the DEPARTI4ENT.
The CITY may invest any advanced funds that
are not required to meet immediate
contractual obligations; any interest accrued
r'rom such investments shall. be deposited in
the above specified account and shall be used
to help pay the CONSTRUCTION COSTS,
I
i) The CITY shall return to the DEPART'MENT any
advanced funds remaining in the account after
all CONSTRUCTION COSTS have been paid; such
funds shall be returned to the DEPARTfiIENT 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
Eollows :
CITY shall render to DEPARTHENT, 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
provj.sions of this agreement, DEPAKTMEllT shall, upon
approval, reimburse CITY €or DEPABTHZWTFs share of
all amounts incurred or expended by CITY in
performance of said work, The DEPARTWENT may stop
payment if the CITY fails to conply with any of the
provisions 05 this agreement,
(e) DEPARTEENT reserves the right to audit all records
retained by CITY and CITYPs contractor pertaining to all
expenditures and expenses in connection with the
performance of said work within one year after conpletion
of such work or Einal 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 contracking parties
shall be subject to the examination and audit of the
7
California Auditor General for a period of three (3) years
after final payment under ‘chis agreeriient.
5, REPORTS, Within SIXTY (60) days after completion of
WoLk, CITY shall file with DEPARTZENT a final report of
expenditures. All reports, plans, specifications, estimates,
statenents OE expenditures and expenses, and other documents
required to he submitted b17 CITY to DEPARTMENT shall be in a
form satisfactory to DEPARTEENT,
6. OWNERSHIP AND EAINTEMAMCE, DEPARTP4IENT acquires no
ownership or interest in the project constructed pursuant to
this agreement and shall not be respoosible or liable €or its
maintenance, operation or adequacy.
7, MISCELLANEOUS PXOVISIONS.
(a) All disputes concerning questions of fact arising
under this agreenent sha.11 be decided by the Director of
Boating am3 14%tterways, or his authorized representative,
and such decisions shall be final and conclusive upon the
parties hereto,
(b) CITY waives all claims and recourse against the
DEPARTMENT including the right to contribution for any
lQSS or damage arising €rom, growing out of, or in any way
connected with or incident to this contract except claims
arising frorn the concurrent or sole negligence of the
DEPARTMENT, its officers, agents and employees.
(c) The CITY shall indemnify, hold harmless, and defend
the DEPARTHENT, its officers, agents and employees against
any and all claims, demandsI damages, costsu expenses or
8
liability arising out or' the acquisition, design,
construction, operation, maintenance, existence or failure
or' the project undertaken through this agreement,
(a) If the DEPAIITI.IEMT is naned as a co-defendant pursuant
to Government Code Sections 895, et seq. the CITY shall
notify the DEPARTEEMT and if the DEPARTHENT undertakes its
own defense, the DEPABTHENT shall bear it5 own litigation
costs, expenses and attorney's fees.
(e) CITY shall procure any and all permits, licenses or
authorization which may be required by fedieral 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.
(E) CITY shall comply with all local, stste, and federal
laws end regulations regarding non-discrimination based
upon racep color, creed, sex, natioilal 01 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,
(4) The waiver of a breach of any of the provisions of
this agreement shall not be deemed to be a waiver of any
other provisions hereof, or of a subsequent breach of such
provisions.
(h) Kotwithstanding anything herein contained to the
contrary, this agreement may be terminated and the
provisions of this agreement jnay be altered, changed or
9
arrended, by mutual written consent of the parties hereto.
8. TERM OF AGREEMENT.
The term of this agreement shall beyin on its effective
date and continue €or two years from such date.
CITY OF CARLSBAD STATE OF CALIFORNIA
AfD WATERWAYS
DEPARTMENT OF EOATIKG
W /" - 2 - $4'
Date Signed Date Signed
I hereby certify that all conditions for exemption set forth
in State Administrative fianual Section 1209 have been complied
with and this'document is exenst from review by the Department
of Finance.
Di r ec to I:
10