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HomeMy WebLinkAboutReso 6220-1973RESOLUTION NO. 6220 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO,STATE OF CALIFORNIA A RESOLUTION REGARDING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO, A MUNICIPAL CORPORATION, AND THE STATE OF CALIFORNIA,ACTING BY AND THROUGH THE DEPARTMENT OF WATER RESOURCES. WHEREAS, the City of South San Francisco, a municipal corporation, has made application to the Department of Finance for an allocation of funds to meet costs to repair or restore storm and flood damage or destruction to public real property pursuant to the Emergency Flood Relief Law; and WHEREAS, the work covered by said application has been investigated by the Department of Water Resources and a report thereon filed with the Department of Finance, and said report has been approved by the Director of Finance; and WHEREAS, it is necessary and expedient that the City of South San Francisco, a municipal corporation, enter into an agreement with said Department of Water Resources with reference to performance and financing of said work and other matters related thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco, a municipal corporation, that the City of South San Francisco, a municipal corporation, enter into an agreement with the said Department of Water Resources, a copy of which agreement is attached hereto; and be it FURTHER RESOLVED, that the City Manager is hereby authorized and directed to execute said agreement in the name of the City of South San Francisco, a municipal corporation. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 17th day of December , 19 73 , by the following vote: AYES, COUNCILMEN Patrick E. Ahern, William A. 'Borba, F. Frank Mammlni, Terry J. Mi rri and Warren Steinkamp NOES, " None ABSENT, " None ATTEST: State of California DEPARTMENT OF WATER RESOURCES · Central District COOPERATIVE AGREEMENT FOR RESTORATION OF FLOOD DAMAGE FACILITIES · BETWEEN STATE OF CALIFORNIA, DEPARTMENT OF WATER RESOURCES AND CITY OF SOUTH SAN FRANCISCO NATURAL DISASTER ASSISTANCE LAW WORK PROJECT NO. 72-1W1 THIS AGREEMENT, made and concluded in quadruplicate, between the STATE OF CALIFORNIA, by the Department of Water Resources (hereinafter referred t.o as "Department") and the City of South San Francisco (hereinafter referred to as "Local Agency ") . W I T N E S S ET H' WHEREAS, Local Agency has applied to the Department of Finance, State of California, for an allocation of funds for the purposes of the Natural Disaster Assistance Law (Government Code Sections 54150-54164); and WHEREAS, Local Agency made such application prior to February 19, 1973, thereby becoming eligible ~for funds appropriated by California Statutes 1972, Chapter 1284, for assistance in repairing damage or destruction to public real property, other than streets, roads, and bridges, by storm and flood or flood conditions which occurred between October 11, 1972, and October 26, 1972, pursuant to the provisions of the Natural Disaster Assistance Law; and WHEREAS, The project for which Local AgenCy has applied for an allocation of funds is repair and restoration ~ of flood control facilities and removal of Kilt and debris. WHEREAS, Department has jurisdiction, for the purposes of administration of the Natural Disaster Assistance Law; over levees, flood control works, channels, irrigation works, and other similar projects; and WHEREAS, Department has investigated and reported· upon. the proposed work, has found it to be a matter of'general public and state interest and concern, has estimated the cost of the work and filed its reports thereon with the Department of Finance, State of California; and WHEREAS, The Department of Finance has approved said reports; NOW, THEREFORE, by virtue of the recitals hereinbefore · made, and pursuant to the authority of the Natural DiSaster Assistance Law and of California Statutes of 1972, chapter 1284, it is mutually agreed as follows: ARTICLE I. GENERAL PROVISIONS ~Reference is made ~to the General Provisions of Storm and Flood Damage Agreements, a copy of which is attached hereto as Appendix A, and by this reference incorporate'd herein with the same effect as though herein set forth in full. -2- ARTICLE I~. SPECIAL PROVISIONS A. The work performed udder this agreement consists of repair and restoration of portions of flood control facilities located within the City of South San Francisco. Estimated costs .of the work covered by this agreement for Application 72-1W1 are as follows: ~Item Locat ion ?urpose 1. Industrial Creek Labor Equipment Materials Trash Rack Amounts E1 igib~l e $ 1,476.23 888.48 '121.15' 1~ 5,00. O0 2. Colma Creek' Contractors: LOwrie Paving. B. Fontans & Sons Buzz Haskins 17,144-.32 10,190.25 20,237.00 $47,572 . ~Mission Rd. Canal Labor Equipment Material Total Claim ~ 797.43 265.82 327.35 1,3~1 949 B. All work provided for in. this agreement shall be completed prior to February 5, 1974. The work shall be financed as follows' State Funds from Chapter 1284, Statutes of 1972 Local Agency Share TOTAL $11,974 40,97~ $52,949 C. Local Agency understands and agrees that no money shall be allocated by the Department of Finance pursuant to this .agreement unless and until monies as prescribed by the Department of Finance are made available by or on behalf of Local Agency. -3- ~II' i r, Till [ifil ARTICLE III. RESOLUTION AUTHORIZING EXECUTION Local Agengy, by resolution duly adopted at a meeting of its legislative body held on . ° ~ .. , 19 , a true copy of which is attached as Appendix B, has approved this agreement and authorized its execution' IN WITNESS WHEREOF, the parties hereto have executed · . this agreement as of the -, day. of , 19 . CITY OF SOUTH SAN FRANCISCO By APPROVAL RECOMM~NDED: (Title 'District Engineer Central Distri'ct APPROVED AS TO LEGAL FORM/ AND SUFFICIENCY: STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES Deput'y Director Date GENERAL PROVISIONS OF STORM AND FLOOD · DAMAGE AGREEMENTS Exhibit "A" Emergency Flood Relief Law I. Definitions. A. Emergency Flood Relief Law: Article 6 - Flood Relief, Sections 54150 through 54164, added to Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code by Chapter 1511, Statutes .of 1959, and as amended by subsequent .legislation. B. The General Provisions: The General Provisions of Flood Relief Agreements, as stated herein, and providing the general, terms and conditions of the agreement entered into between the Local Agency and the State of California,~ acting by and through the Department of General Services or the Depart- ment of Water Resources, pursuant to the Emergency Flood Relief Law, and other applicable Laws. C. The Contract: The specific Contract and Special Provisions providing' for the performance of particular work by or for a particular Local Agency. D. The Agreement: The Contract and the General. Provisions, taken together, shall constitute the agreement which is described in Section 54157 (1) (b) of the Emergency Flood Relief Law. In case of conflict between the Contract and the General Provisions, the terms of the Contract shall prevail. ' E. Local Agency: The city, city and county, county or public district named in the Contract as a part thereto. F. The Department: The State of California, acting by and through the Depart- ment of General Services or the Department of Water Resources and named in the Contract as a party thereto. Exhibit "A" · G. The Work: · The work described in the Contract, consisting of one or more separate items of work as described therein. H. Preliminary Engineering: The term "preliminary engineering" includes all preliminary work including, but not restricted to preliminary surveys and reports, preparation o'f cost estimates, laboratory work, soil investigations, preparation of Plans, design and adver- tising. The term does not include investigations, estimates or reports made by the Department of General Services or the Department of Water Resources, pursuant' to Section 54155 of the Emergency Flood Relief Law. : I. Construction Engineering: The term "construction engineering" includes, actual inspec- tion of the work, necessary constrUction staking, laboratory and field testing, field reports and recOrds, estimates, and final report. II. Performance of Work. A. Performance of work by the Local 'Agency: 1. When so specified in the Contract, the Local Agency will perform the work or any item thereof, or award the Contracts therefor pursuant to the laws governing the Local Agency. All public works construction contracts awarded by. the Local Agency for repair and restoration projects financed hereunder shall include the "Fair Employment Prsctices" provisions hereto attached in Appendix or nondiscrimination provisions pursuant to applicable Federal requirements. It shall be the responsibility of the Local Agency to insure compliance with said provisions. Copies of the necessary forms may be procured upon request to the Department of General Services, or the Department of Water Resources. The Local Agency shall render to the Department monthly, or at such intervals as are satisfactory to the Department, claims, in such form as the Department prescribes, covering the cost of the work performed. · Thereupon the State will reimburse the Local Agency for the value of the work performed, to the extent of.the State's proportionate share thereof, in the ratio set forth in -2- i; 'lJ' ''' ?11' '1 i'll'i Exh ib i t "A" the contract, less ten per cent (10%) of sa id sum which will be retained by the State for final adjust-'- ment as to the amount of the State and Local Agency contribution in accordance with the provisions of Article III.(A) hereof. 2. Claims for reimbursement will be certified by an author- ized representative of the Local Agency or by a signa- tory to the Agreement on behalf of the Local Agency. Within sixty (60) days after completion of the work called for by this Agreement, the Local Agency shall file with the Department a final repo'rt of expenditures therefor in the form prescribed by the Department. The final payment will be made subject to the adjustments hereinabove described. Prior to such payment, an inspec- tion and audit may be performed, in the discretion of the State. 3. Work records and audit. The funds herein agreed to be furnished by the State shall be disbursed for work performed pursuant~ to the agreement and only upon the submission of claims in forms satisfactory to the State. As to each item of work performed pursuant to this agreement, Local Agency agrees to keep and maintain full, complete, accurate and itemized record of such'work~ and to permit any authorized officer, agent or employee of the State 'of California to examine such records and to interview in connection with such records or work, all officers, agents or employees of the Local Agency concerned the rew ith. 4. Review by Department. Where the Local. Agency is to prepare plans and speci- fications for the work or any item thereof, then prior to performance of such work or advertisement of the notice to bidders therefor, Local Agency shall submit the said plans and specifications to the Department and shall not proceed with the performance of the. work or advertisement of the said notice until it has re- ceived the Department's written approval of the plans and specificat~.ons therefor.. The plans and specifica- tions shall not 'thereafter be modified without the prior approval of the Department. -3- Exhibit "A"~ No contract will be awarded .for any item of work in excess of the estimated cost thereof, as shown in .o the Contract without prior written consent of the Department and the allocation of additional funds if necessary. A tabulation of bids received shall be furnished to the Department in all cases where work is performed by contract. The Local Agency agrees that the Department may make such inspection of the work as it deems 'proper in the course of construction. It is agreed that the cost of any preliminary engineering or construction engineer- ing · performed by the Department shall be considered as part of the Cost of the work. Costs of this nature shall~ be reimbursed in full to the Department by the Local Agency upon presentation of claims therefor by the Department. 5. Use of Equipment. Where work is performed by the Local Agency with .its own forces, equipment owned by the Local Agency and used on the'work may, for the purposes of progress Day- ment claims, be charged in accordance with the Local Agency's normal cost distribution procedure or in any manner that will distribute a fair and equitable share of the over-all equipment depreciation, maintenance and operating expense to each project. During the State's examination of the Local. Agency's records upon completion of the work as set forth in paragraph 3 above, such equipment charg'es will be subject to adjustment to reflect actual costs as determined by the State. 6. If the Local Agency does not diligently proSecute the work financed under the Agreement, or does not complete said work within the time provided in the Contract, or such further time as the Department may for good 'cause allow, or if at any time said work is not carried on in a manner satisfactory to the Department, the Depart- ment may, upon written notice, terminate the Agreement. Extensions of time may be granted by the Department with' out the necessity of amending the Agreement. Upon such termination all expenditures and expenses of the Local Agency and the Department necessarily incurred to the date thereof under and in accordance with the Agreement, shall nevertheless be paid from the funds allocated for the work. -4- ~! Ill' [i'ltl~ll 'lii~ ' f ' ' t ' 'N [' :' 'l iii i Exhibit B. Performance of Work by the Department: 1. When so specified in the Contract, the Department will perform the work o~ any item thereof, pursuant to the State Contract Act, and will advertise and aWard a contract or contracts for the work specified, and will make payments to the contractors as the same become due. 2. Prior to award of the contract the Local Agency shall --~ forward to the Department for deposit in the State Treasury, a sum equal to the matching funds which it ... has in the Contract agreed to contribute in cash for the work thereof, or such amount as may be determined necessary by the Department to prevent overpayment of the State's contrib,~tion determined in accordance with the Emergency Flood Relief Law. 3. The Department may, from time to time, request that the State funds for s,~ch work or item be transferred by the State Controller to the Department in such amounts as are deemed necessary by the Department. 4. Contractors performing work under contracts with. the Department are responsible to the ~Department~for the satisfactory execution of the Contract; however, on request by the Department the Local Agency will to the limit of its manpower resources furnish, at cost, such engineering and inspection personnel as may be required. Charges for such engineering will be billed to the Department on completely detailed invoices 'for reimburse ment. The charges for such engineering and inspect ion shall only ]~e for the direct costs thereof. The Depart- ment will exercise general supervision over such con- tracts and may take direct control of the work thereof at its discretion when it is deemed that the responsi- bility of the Department so requires. After comple- tion of the work of said contract or contracts, or portions thereof acceptable to Department, the 'Local Agency will maintain the completed work. 5. Upon completion of the work covered by the Aqreement, the amount of the contribution therefor by the Local Agency and the State shall be ~adjusted based on the actual cost thereof pursuant to the terms of Article III(A). The Local Agency expressly agrees that upon -5- '~ ill' [Jill1" Ifil I '11" ' 'i i f~' Exhibit "A" such adjustment, if there is a deficiency in the amount it has contributed toward such cost, it will pay such deficiency to State or make satisfactory arrangements therefor within ninety (90) days after notice of the amount of such deficiency. C. Work Already Performed by the Local Agency: 1. Where work covered by this Agreement' or any item thereof has already been performed by the Local Agency, it will be reimbursed by the ~State for the cost thereof to the extent of the State's contribution therefor as . set forth in the Contract, upon the submission to Department of claims therefor satisfactOry to the State. 2. Ten per cent (10%) of State,s contribution therefor shall be retained by the Department pending final audit by the State Controller and adjustment of the State's contribution for the actual cost of the Work performed under the Agreement or any subsequent agree- ments, pursuant to Article IIi(A). III. Funds. A. Upon completion of the work financed by the Agreement, the contributions by the State and the Local Agency for the cost of such work and of all work completed pursuant to other agreements between the parties and financed under the same appropriation shall be adjusted on the basis of the actual cost thereof in accordance with the contribution schedule ~set forth in Section 54157 of the Emergency Flood Relief Law. In making such adjustments, all moneys furnished or to be furnished by the United States or any agency thereof for the financing of the work shall be deducted from the cost of the project in accordance with Section 54158 of the Emergency Flood Relief Law, whether or not such Federal funds are in- cluded in .the Agreement. B. Nothing in the Agreement shall be construed to permit the Local Agency to collect more than the total cost of~the work or any item of work, from the contributing agencies. The allocation will be adjusted downward should such a situation become-evident. -6- Exh ib it "A" C. Either party to the Agreement may request that an agree- ment amendment be executed should a revision in the method of financing become necessary or advisable. D. In no event shall the State become liable for any expendi- ture for the work or any item thereof in excess of the estimate therefor stated in the Contract except upon its written consent and the allocation of necessary additional funds. E. The Department may, without the necessity of amending the Agreement, adjust the cost estimates of items of work financed hereunder within the monetary limits of the Agree- ment. F. In the event the Department, at any time, should determine · ~that any portion of the State funds provided in the contract are in excess of need for the completion of the work, and so notifies the Local Agency, the excess funds will be returned to the fund' from which allocated and will no longer be available for expenditure hereunder, unless reallocated. G. In the event any work financed hereunder ~shall be accom- plished in a manner which allows the salvage of any materials from the damaged facility, the reasonable valUe of such salvagable materials shall be applied to reduce the total cost of such work. The reasonable value of such salvagable materials shall be the amount realized by the Local Agency from the sale thereof upon competitive bid- ding therefor, or in the absende of such sale, such amount as the Department may determine to be reasonable value thereof. H. Notwithstanding any other provisions herein contained, the' Department may at any time retain such funds additional to the 10% retention provided for in Article II .hereof as it may deem necessary to prevent an overpayment of the State's contribution toward the work financed hereunder. IV. Work Eligible for Federal-aid Emergency Relief Funds. A. In the event that any item of the work covered by this Agreement is eligible for Federal-aid Emergency Relief Funds, then it is understood and. agreed as follows: -7- 'T · Exh ib it "A" .' 1. As prDvided in Section 116 of Title 23, U. S. Code, it is agreed that after the~completion of the work or acceptable portions thereof, the Local Agency will maintain the completed works in a manner satisfactory to'the authorized agents of the United States. 2. The execution of this Agreement and the 'allocation of State funds does not imply ~that all necessary approvals have been obtained from the U. S. Bureau of Public Roads for the use of Federal-aid EmergencY Relief funds. It shall be the obligation'of the Local Agency to request such approvals and the instructions related thereto from the District Office of the Division of Highways before proceeding with work described herein that is eligible for such Federal aid. 3. When the cost of preliminary engineering or construc- tion engineering incurred by the Local Agency is to be' borne in part by Federal-aid Emergency Relief funds, the use of automobiles will be billed at rates that are in accordance with the Local Agency's normal cost distribution procedure, and in any event at rates that are fair and equitable. The Local Agency will con- tribute its general ·administrative and overhead expense. The Bureau of Public Roads Shall be given access to the Local Agency's books and records for the purpose of checking costs paid or to be paid by the Depart- ment hereunder. 4. Engineering work performed by consulting engineers will be approved for Federal participation only if the contract with the consultant has the prior approval of the Bureau of Public Roads. The super- vision of construction must be performed by employees of the State or Local Agency. V. Miscellaneous Provisions. A. The State of California, its departments, divisions, officers and employees, shall not be liable for anything · done, or omitted to .be done, by the Local Agency in con- nection with the performance of any work called for by the Agreement. The Local Agency shall, in the event any claim is made against the State, or any department, division, officer or employee thereof, by reason of said work, during its progress or after completion'thereof,, defend, -8- Exhibit "A" indemnify and hold harmless said State, department, divi- sion, officer or employee ~from any damage or liability by reason of such claim. · B. It is agreed by the parties hereto that the State does not and shall not acquire any ownership or interest in the work pursuant to the Agreement and shall not be responsible or liable for the maintenance or operation thereof or for its adequacy in any respect. C. Right of Way: Unless otherwise stated in the Contract, the Local Agency -shall furnish at no cost to the State all necessary rights of way and real property required for the work, f~ee and clear of obstructions and encumbrances, and expressly assumes the obligation to pay damages which may result to real property not actually taken but injuriously affected by the work. The Local Agency further agrees to pay from its own funds, any costs incurred in connection with the work which arise out of r~ght of way.litigation or delays to the con- tractor because right of'way has not been made available to him for the orderly prosecution of the work. D. The Local Agency shall procure any and all permits, licenses or authorizations which may be required by Federal, State or local law, imposed by any agency having jurisdiction therein in reference to said work and no expenditure therefor shall be chargeable again.st the funds available for the work under the Agreement. E. Any local materials such as earth or gravel used in the work and obtained from property owned by the Local Agency will be made available by the Local Agency without royalty charges. Royalty charges for materials obtained from prop- erty owned by others under agreement with the Department or under agreements with the Local Agency that have been approved by the Department may be charged to the cost of the work. F.~ The Agreement shall be of no force or effect unless such State funds as are specified in the agreement are allocated. G. The Agreement may be terminated and the 'provisions thereof may be altered, changed or amended by mutual consent of the parties hereto. -9-