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.
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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.
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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
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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.
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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.
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~! 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
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'~ 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.
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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:
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'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,
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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.
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