HomeMy WebLinkAboutAGMT - California Dept. of Boating & Waterways (Pier & Beach Erosion)STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 09/01)
1. This Agreement is entered into between the State Agency and the Contractor named below:
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AGREEMENT NUMBER
02 -300-
STATE AGENCY'S NAME
DEPARTMENT OF BOATING AND WATERWAYS
CONTRACTOR'S NAME
CITY OF SEAL BEACH
2. The term of this
Agreement is: January 1, 2003 (effective date) through June 30, 2005
3. The maximum amount
$ 800,000.00
of this Agreement is: EIGHT HUNDRED THOUSAND DOLLARS
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference, made a part of the
Agreement.
SEAL BEACH — PIER GROIN AREA
BEACH EROSION CONTROL PROJECT
Exhibit A — Beach Erosion Control Construction Agreement
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.)
CITY OF SEAL BEACH
PRINTED E A ITL OF PERSON SIGNING
JOHN B SKI, City Manager
ADDR
21 GHTH STREET
SEAL BEACH, CALIFORNIA 90740
STATE OF CALIFORNIA
AGENCY NAME
DEPARTMENT OF BOATING AND WATERWAYS
BY (Authorised Signature)
DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
RAYNOR TSUNEYOSHI, Director
ADDRESS
2000 EVERGREEN STREET, SUITE 100
SACRAMENTO, CALIFORNIA 95815 -3888
11 Pages
California Department of General
Services Use Only
❑ Exempt per:
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Exhibit A
BEACH EROSION CONTROL
CONSTRUCTION AGREEMENT
TABLE OF CONTENTS
ARTICLE 1 — RECITALS 3
ARTICLE 2 — DEFINITIONS 3
ARTICLE 3 - TERM OF AGREEMENT 3
ARTICLE 4 - CONSTRUCTION OF PROJECT 3
ARTICLE 5 - DISBURSEMENT OF FUNDS .5
ARTICLE 6- OWNERSHIP AND MAINTENANCE 6
ARTICLE 7 — BREACH OF AGREEMENT 7
ARTICLE 8 - DISPUTES ...7
ARTICLE 9 - WAIVER OF RIGHTS 7
ARTICLE 10 — NOTICES 7
ARTICLE 11 - REMEDIES NOT EXCLUSIVE 7
ARTICLE 12 - OPINIONS AND DETERMINATIONS 8
ARTICLE 13 - ASSIGNMENT 8
ARTICLE 14 - SUCCESSORS AND ASSIGNS OBLIGATED 8
ARTICLE 15 - LIABILITY 8
ARTICLE 16 - PRIOR TERMINATION 8
ARTICLE 17 — APPROVAL 9
ARTICLE 18 - AUDIT 9
ARTICLE 19 — RECYCLING CERTIFICATION 9
ARTICLE 20 — CERTIFICATION CLAUSES 9
ARTICLE 21— ANTITRUST CLAIMS 9
REVISION 12/10/2002 1 DBAW Groin agreement 2.10.03 Exhibit A
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Exhibit A
BEACH EROSION CONTROL
CONSTRUCTION AGREEMENT
ARTICLE 22 - CHILD SUPPORT COMPLIANCE ACT 10
ARTICLE 23 - UNENFORCEABLE PROVISION 11
ARTICLE 24- UNION ORGANIZING 11
REVISION 12/10/2002 2 DBAW Groin agreement 2.10.03 Exhibit A
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Exhibit A
ARTICLE 1 — RECITALS
A. The Department is authorized under Harbors and Navigation Code section 65.2 to
cooperate with a municipal agency to plan and construct beach erosion projects for the
best interest of the State. The Departmental partnership policy establishes a maximum
75% State share and minimum 25% local agency match.
B. The Department and the City jointly exercise their authority for the cost -share
participation of the Project construction.
ARTICLE 2 — DEFINITIONS
A. "Account ": An interest bearing account to be established by the City for the deposit of
Project funds, which shall reflect all receipts and expenditures of Project funds.
B. "Department ": The Department of Boating and Waterways.
C. "City ": The Entity identified on STD 213 line 2.
D. "Project ": The rebuilding and /or extending of the Project Area and any other approved
construction associated with providing increased health and safety or economic
sustainability along the beach.
E. "Project Area ": The real property, and improvements thereto where physical
improvements will be constructed pursuant to this Agreement. The Project Area where
the project will be undertaken is the Seal Beach -Pier Groin area.
F. "Project Costs ": Contract, equipment (not including the purchase of tools), labor, material
and construction costs that are incurred by the City for the purpose of completing the
Project. Project costs for indirect or overhead charges may be reimbursed at the
Department's discretion. Project costs shall not include expenses prior to the effective date
of this Agreement.
ARTICLE 3 - TERM OF AGREEMENT
A. This Agreement, subject to any provision for prior termination, shall begin on the effective
date and shall continue for Four (4) years from such date.
B. This Agreement may be extended, amended or cancelled upon the mutual written
agreement of the parties.
ARTICLE 4 — CONSTRUCTION OF PROJECT
A. The City shall complete the Project by June 30, 2005.
B. The City shall obtain from the Department advance written approval of the following:
REVISION 12/10/2002 3 DBAW Groin agreement 2.10.03 Exhibit
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Exhibit A
1. The plan for work (Plans and Specifications) prior to advertising for bids,
2. All bid documents prior to advertisement, and
3. All change orders.
C. The Project shall be constructed in accordance with the plans and specifications, and any
changes accepted by the Department.
1. If the plan design and /or construction administration 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 the design and construction.
D. The City shall notify the Department of the award of all Project contracts.
E. All Project contracts shall:
1. Be awarded in accordance with all applicable laws and regulations, and
2. Contain a clause stating that the Contractor and its subcontractors shall not
unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex, sexual orientation, race, color, ancestry,
religious creed, national origin, physical disability (including HIV and AIDS), mental
disability, medical condition (cancer), age, martial status, and denial of family care
leave. Contractor and subcontractors shall insure that the evaluation and treatment
of their employees and applicants for employment are free from such discrimination
and harassment. Contractor an subcontractors shall comply with the provision of
the FEHA (GC section 12990(a -f) et seq,), of which are incorporated into this
Agreement by reference and made a part hereof as if set forth in full. Contractor
shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under this Agreement.
F. Prior to the commencement of the construction of the Project, the City shall cause the
contractor and a corporate surety acceptable to the Department to furnish in favor of the City
and the Department, as their interests may appear, bonds or other security interests as
allowed pursuant to Public Contract Code sections 10263 and 22300 in the minimum
amounts indicated below:
1. Faithful performance - One Hundred Percent (100 %) of the total contract bid price.
2. Labor and materials - One Hundred Percent (100 %) of the total contract bid price.
G. The work shall be performed to the satisfaction of the Department.
H. The Department and its agents may, at any and all reasonable times during the term of this
Agreement, enter the Project Area for purposes of inspecting the Project Area.
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Exhibit A
I. The City's personnel and construction of the Project shall be under the supervision of
qualified inspectors.
J. Inspection reports and related inspection data shall at all reasonable times be accessible to
the Department personnel, and on request copies of such reports and data shall be provided
to the Department by the City.
K. The City may be authorized by the Department to perform any part of the work with its
own forces. The City -owned equipment used for said work may be charged at the rental
rates established by the City. The City shall provide a copy of its rental rates to the
Department. If such rates have not been established, allowance for use of City -owned
equipment may be charged with the prior written approval of the Department.
ARTICLE 5 - DISBURSEMENT OF FUNDS
A. The Department shall reimburse the City up to the maximum amount stated on STD 213 line
3 of this Agreement as the Department's share of Project Costs.
1. Any work undertaken by the City or the City's contractor, subject to the terms of the
Agreement, shall be reimbursed for up to Seventy -Five Percent (75 %).
2. The Department shall under no circumstances be obligated to expend under this
Agreement any amount in excess of funds herein made available.
B. The Department shall have no obligation to disburse any of the funds unless and until the
City demonstrates that it has acquired all permits, licenses or authorization necessary to
construct and operate the Project.
C. The City shall deposit all funds into the Account upon receipt.
D. Disbursements to cover Project Costs may be made either (1) in advance of Project work or
(2) after the occurrence of work (in arrears).
1. Advances shall be subject to the following conditions:
(a) The City may request an advance from the Department to cover those
Project Costs expected to occur in the succeeding Thirty (30) day period.
(b) Requests for advances may not be made more than once every Thirty (30)
days.
(c) The City must request advances in writing.
(d) The Department may withhold from the advances an amount equal to Ten
Percent (10 %) of each disbursement until the Department has accepted the
Project as complete and has approved all Project Costs. The City shall
provide the following to the Department:
(i) A Project Completion Certificate (or equivalent)
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Exhibit A
(ii) A Final Report of an accounting of Project funds in a form satisfactory
to the Department
(e) All expenditures of advanced funds must have prior approval of the
Department.
(f) The City shall place in the Account any advanced funds that are not required
to meet immediate contractual obligations; any interest accrued from such
investments shall be deposited into the Account and applied towards the
Project Costs.
(g) The City shall request Department approval of the final expenditure of
advanced funds no later than Thirty (30) days following the Department's
acceptance of the Project as completed.
(h) The City shall return to the Department all funds, including interest,
remaining in the Account after all Project Costs have been paid no later than
Sixty (60) days following date of acceptance of the Project by the City.
2. Disbursements made in arrears shall be made as follows:
(a) The City may request a disbursement in arrears not more than once every
Thirty (30) days; paid invoices, in triplicate, or other evidence of City's
payment of Project Costs must accompany such requests.
(b) The Department may withhold from disbursements an amount equal to Ten
Percent (10 %) of each disbursement until the Department has accepted the
Project as complete and has approved all Project Costs. The City shall
provide the following to the Department:
(i) A Project Completion Certification (or equivalent)
(ii) A Final Report of an accounting of Project funds in a form satisfactory to
the Department
(c) The City shall request final disbursement no later than Sixty (60) days
following the date of acceptance of the Project by the City.
E. The Department may withhold any disbursement if the City fails to comply with any of the
provisions of this Agreement.
ARTICLE 6- OWNERSHIP AND MAINTENANCE
A. The Department acquires no ownership or interest in the Project Area.
B. The Department shall not be liable for any costs of maintenance, management, control or
operation of the Project Area.
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Exhibit A
C. The City shall maintain and operate the Project Area during the useful life of its intended
purpose.
ARTICLE 7 — BREACH OF AGREEMENT
The Department through written notice may require the City to remedy (to Department 's
satisfaction) any breach of this Agreement within Ninety (90) days of the date of such notice. The
Department may extend the time permitting remedy of the breach if the City begins such remedy
within the said period; however, if the City fails to proceed with or complete any remedial action
within the time allowed, and then the Department may take either of the following steps:
1. The Department may take any action to correct the breach. The City shall be liable
for all costs, including administrative costs, incurred in the course of correcting the
breach;
2. The Department may require the City to repay the Department for all Project Costs
covered by the Agreement; the City shall make such repayment within One Hundred
Eighty (180) days of the close of the fiscal year within which Department demands
repayment. Repayment shall be determined by the Department on a prorated
unexpired basis.
ARTICLE 8 — DISPUTES
The Director of the Department, or his authorized representative shall decide on all disputes
concerning questions of fact arising under this Agreement, and such decisions shall be final and
conclusive upon the parties to this Agreement.
ARTICLE 9- WAIVER OF RIGHTS
It is the intention of the parties to this Agreement that from time to time either party may waive, in
writing, certain rights under this Agreement. Any waiver by either party hereto of its rights with
respect to a default or any other matter arising in connection with this Agreement shall not be
deemed to be a waiver with respect to any other default or matter.
ARTICLE 10 — NOTICES
Notices required between the parties shall be deemed to have been given when mailed to the
respective addresses herein, first -class postage prepaid thereon.
ARTICLE 11 - REMEDIES NOT EXCLUSIVE
The use by either the Department or the City of any remedy specified in this Agreement for the
enforcement of this Agreement is not exclusive and shall not deprive the party using such remedy
of, or limit the application of, any other remedy provided by law.
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Exhibit A
ARTICLE 12 - OPINIONS AND DETERMINATIONS
Where the terms of this Agreement provide for action to be based upon the opinion, judgment,
approval, review, or determination of either the Department or City, such terms are not intended to
be and shall never be construed as permitting such opinion, judgment, approval, review, or
determination to be arbitrary, capricious or unreasonable.
ARTICLE 13— ASSIGNMENT
No assignment or transfer of this Agreement or any part hereof, rights hereunder, or interest herein
by the City shall be valid unless and until it is approved by the Department in writing. The
Department's approval shall be granted at its sole discretion and may be made subject to such
reasonable terms and conditions as the Department may impose.
ARTICLE 14 - SUCCESSORS AND ASSIGNS OBLIGATED
This Agreement and all of its provisions shall apply to and bind the successors and assigns of the
parties hereto.
ARTICLE 15 - LIABILITY
A. The City waives all claims and recourse against the Department including the right to
contribution for any loss or damage arising from, growing out of, or any way connected with
or incident to this Agreement.
B. The City agrees to indemnify, defend and save harmless, the Department, its officers,
agents and employees from any and all claims and losses accruing or resulting to any and
all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation
furnishing or supplying work services, materials, or supplies in connection with the
performance of this Agreement, and from any and all claims and losses accruing or resulting
to any person, firm or corporation who may be injured or damaged by City in the
performance of this Agreement.
C. If the Department is named as a co- defendant pursuant to Government Code section 895, et
seq., the City shall notify the Department and represent it unless the Department elects to
represent itself. If the Department undertakes its own defense, it shall bear its own litigation
costs, expenses and attorney's fees.
ARTICLE 16 - PRIOR TERMINATION
This Agreement shall terminate on the date specified in Article 4(A) of this Agreement if by such
date (1) the City has not met all conditions precedent to disbursement under this Agreement, or (2)
the Department has disbursed no part of the Project funds.
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Exhibit A
ARTICLE 17 — APPROVAL
This Agreement is of no force or effect until signed by both parties and approved by the Department
of General Services. City may not commence performance until such approval has been obtained.
ARTICLE 18 - AUDIT
Any contracts entered into by the City involving an expenditure of Project funds shall contain a
provision that the Department, the Department of General Services, the Bureau of State Audits, or
their designated representative shall have the right to review and to copy any records for possible
audit for a minimum of Three (3) years after final payment under such contract, unless a longer
period of records retention is stipulated. City agrees to allow the auditor(s) access to such records
during normal business hours and to allow interviews of any employees who might reasonably have
information related to such records. (Government Code section 8546.7, Public Contract Code
section 10115 et seq., Title 2, California Administrative Code, section 1896).
ARTICLE 19 — RECYCLING CERTIFICATION
Upon the completion of performance under this Agreement, the City shall certify in writing under
penalty of perjury, the minimum, if not exact, percentage of recycled content, both post consumer
material and secondary material as defined in the Public Contract Code sections 12161 and 12200,
in materials, goods, or supplies offered or products used in the performance of this Agreement,
regardless of whether the product meets the required recycled product percentage as defined in the
Public Contract Code sections 12161 and 12200. City may certify that the product contains zero
recycled content. (Public Contract Code sections 10233, 10308.5,10354)
ARTICLE 20 — CERTIFICATION CLAUSES
The CONTRACTOR CERTIFICATION CLAUSES found at the following address:
http://miwols.dgs.ca.ovv/Standard+Languaae/ccc201.htm as of the effective date of this Agreement,
are hereby incorporated by reference and made a part of this Agreement.
ARTICLE 21— ANTITRUST CLAIMS
The City by signing this Agreement hereby certifies that if services or goods are obtained by means
of competitive bid, the City shall comply with the requirements of the following:
A. The Government Code Chapter on Antitrust claims contains the following definitions:
1. "Public purchase" means a purchase by means of competitive bids of goods,
services, or materials by the State or any of its political subdivisions or public
agencies on whose behalf the Attorney General may bring an action pursuant to the
Business and Professions Code subdivision (c) of section 16750.
REVISION 12/10/2002 9 DBAW Groin agreement 2.10.03 Exhibit
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Exhibit A
2. "Public purchasing body" means the State or the subdivision or agency making a
public purchase. Government Code section 4550.
B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all
causes of action it may have under the Clayton Act section 4 (15 U.S.C. Sec. 15) or under
the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by
the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be
made and become effective at the time the purchasing body tenders final payment to the
bidder. Government Code section 4552.
C. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the
assignor shall be entitled to receive reimbursement for actual legal costs incurred and may,
upon demand, recover from the public body any portion of the recovery, including treble
damages, attributable to overcharges that were paid by the assignor but were not paid by
the public body as part of the bid price, Tess the expenses incurred in obtaining that portion
of the recovery. Government Code section 4553.
D. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or
may have been injured by the violation of law for which the cause of action arose and (a) the
assignee has not been injured thereby, or (b) the assignee declines to file a court action for
the cause of action. See Government Code section 4554.
ARTICLE 22 - CHILD SUPPORT COMPLIANCE ACT
A. City recognizes the importance of child and family support obligations and shall fully comply
with all applicable state and federal laws relating to child and family support enforcement,
including, but not limited to, disclosure of information and compliance with earnings
assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of
Division 9 of the Family Code.
B. City, to the best of its knowledge is fully complying with the earnings assignment orders of all
employees and is providing the names of all new employees to the New Hire Registry
maintained by the California Employment Development Department.
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DBAW Groin agreement 2.10.03 Exhibit
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Exhibit A
ARTICLE 23 - UNENFORCEABLE PROVISION
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then
the parties agree that all other provisions of this Agreement have force and effect and shall not be
affected thereby.
ARTICLE 24- UNION ORGANIZING
For all contracts, except fixed price contracts of $50,000 or less, the City acknowledges that:
A. City will not assist, promote or deter union organizing by employees performing work on
a state service contract, including a public works contract.
B. No state funds received under this Agreement will be used to assist, promote or deter
union organizing.
C. City will not, for any business conducted under this Agreement, use any state property to
hold meetings with employees or supervisors, if the purpose of such meetings is to
assist, promote or deter union organizing, unless the state property is equally available to
the general public for holding meetings.
D. If City incurs costs, or makes expenditures to assist, promote or deter union organizing,
City will maintain records sufficient to show that no reimbursement from state funds has
been sought for these costs, and that City shall provide those records to the Attorney
General upon request.
City, by signing this Agreement, acknowledges the applicability of Government Code section
16645 through section 16649 to this Agreement.
REVISION 12/10/2002
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DBAW Groin agreement 2.10.03 Exhibit