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HomeMy WebLinkAboutReso 708-1938910 ~708 ~GREEMENT WITH STATE OF C~LIFORNIA ACCEPTING $5200.00 FOR C0~ CREEK REH~BILITATION. This ~greement, executed in triplicate, entered into by and between the City of South San Francisco, hereinafter referred to as the City, and the Department of Public Works, of the State of California, acting by and through the Director of Public Works, hereinafter referred to as the Department, witnesseth: WHEREAS, by Chapter 11, Statutes of 1938, Extra Session, the sum of Six Million Dollars ($6,000,000) is appropriated to the emergency fund provided for in Item 189 of the 1937 Budget ~ct (Stats. 1937, p. 423) and the legislative intent is stated in said Chapter 11 that Five Million Dollars ($5,000,000) of said sum be made available for alleviation of hardship and destitution and for the repair and restoration of property, levees, flood control works, city and county roads and brdiges destroyed or damaged by severe storms and floods in several parts of the State; and WHEREAS, the City-Council of the City of South San Francisco has requested the allocation of a portion of said mergency fund for the repair and rehabilitation of the City's property from damage caused by said storms and floods, including.the chamuel of Colma Creek in and adjacent to said City, which channel has been damaged by'said storms and floods and rendered unfit to afford protection from floods; and V~qTEREAS, said channel is essential for the purpose of affording protection from flood damage to the city of South San Francisco its inhabitants and territory in the vicinity thereof, including state and county highways and city streets, and the con- ditions resulting from the damage to said channel constitute a matter of general public and state concern; and ~'~HEREAS, the emergency repair and rehabilitation of said channel are required for flood control, and to protect the helath, safety and welfare of the general public of the State at large; and WHEREAS, it is provided by law that the Department shall have charge of all State expenditures for all public works relating to general river and harbor improve- ments, including the reclamation and drainage of lands; and V~SiEREAS, the Director of Finance has in the lawful exercise of his discretion, as provided in said Item 189 of the 1937 Budget Act, found that the conditions resulting from the damage to said channel constitute a State emergency and that it is proper that money be allocated from said emergency fund for repair and rehabilitation of said channel; and ~SiERE~S, the said Director of Finance has approved the repair and rehabilitation of said channel, as proved by this agreement, and said Director has on the 22nd day of October, 1938, authorized in writing the expenditure of the sum of not to exceed Five Thousand Two Hundred Dollars ($5,200.00) for said work from said emergency fund; NOW THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by each as hereinafter set forth, the city and the Department do hereby mutually agree as follows: ARTICLE I PROJECT The Project and estimated expenditures therefor as listed below constitute the work embraced by this agreement: Project Description Location .Amount South San Francisco 1 (S.M. -1) (Report 175) Clean, repair and rehabilitate channel Co]ma Creek in and ad- Jacent to City of S~uth San Francisco, San Mateo County, California. Not to exceed $52,00.00 in the aggregate. 'ARTICLE 11 SURVEYS AND PLANS The City shall at its own expense make the necessary surveys and prepare the ne- cessary plans for the work hereinabove designated under Project South San Franciscol. Plans and specifications as prepared by the City for various items of the work shall be submitted by the city to the Department for approval in writing. No changes shall be made in plans and specifications after such approval except with the consent of the Department. ~RTICLE 111. RIGHTS OF The City shall furnish at its own expense all necessary rights of way CitY's property from damage caused by said storms and floods, including.the channel of Colma Creek in and adjacent to said City, which channel has been damaged by'said storms and floods and rendered unfit to afford protection from floods; and V~REREAS, said channel is essential for the purpose of affording protection from flood damage to the city of South San Francisco its inhabitants and territory in the vicinity thereof, including state and county highways and city streets, and the con- ditions resulting from the damage to said channel constitute a matter of general public and state concern; and ~'gHEREAS, the emergency repair and rehabilitation of said channel are required for flood control, and to protect the helath, safety and welfare of the general public of the State at large; and WHEREAS, it is provided by law that the Department shall have charge of all State expenditures for all public works relating to general river and harbor improve- ments, including the reclamation and drainage of lands; and V~tEREAS, the Director of Finance has in the lawful exercise of his discretion, as provided in said Item 189 of the 1937 Budget Act, found that the conditions resulting from the damage to said channel constitute a State emergency and that it is proper that money be allocated from said emergency fund for repair and rehabilitation of said channel; and ~IERE~S, the said Director of Finance has approved the repair and rehabilitation of said channel, as proved by this agreement, and said Director has on the 22nd day of October, 1938, authorized in writing the expenditure of the sum of not to exceed Five Thousand Two Hundred Dollars ($5,200.00) for said work from said emergency fund; NOW THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by each as hereinafter set forth, the city and the Department do hereby mutually agree as follows: ARTICLE I PROJECT The Project and estimated expenditures therefor as listed below constitute the work embraced by this agreement: Pro3ect Descriotion Location Amount South San Francisco 1 (S.M. -ll (Report 175) Clean, repair and rehabilitate channel Colma Creek in and ad- Jacent to City of ~uth San Francisco, San Mateo County, California. Not to exceed $52,00.00 in the aggregate. 'ARTICLE 11 SURVEYS AND PLANS The City shall at its own expense make the necessary surveys and prepare the ne- cessary plans for the work hereinabove designated under Project South San Franciscol. Plans and specifications as prepared by the City for various items of the work shall be submitted by the city to the Department for approval in writing. No changes shall be made in plans and specifications after such approval except with the consent of the Department. ~RTICLE lll. RIGHTS OF W%Y The City shall furnish at its own expense all necessary rights of way for the work hereinabove designated under Project South San Francisco 1. ARTICLE IV PERFOR~NCE OF WOP~ The City shall do, or cause to be done under its direct supervision, the work con- templated by this agreement, in accordance with plans and specifications, as ~pproved by the Department, and said work shall be performed to the s~isfaction of the Department, and shall be subject at all times to inspection and approval by the authorized representatives of the Department. Said work may be performed by contract or by day labor, subject to the approval of the Department. No contract shall be.awarded by the city until the approval of the Departmeht has been obtained. A summarcy of the bids received shall be forwarded promptly to the Depart- ment by the city. Bids may be required by the Department for contracts for the purchase of material and equipment to be used in said work. All such contracts and bids therefor shall be sub- Ject to approval by theDepartment. Any city-owned equipment used for said work may be charged upon a rental bs~s to cover depreciation and repair in case rental ~ates have been established heretofore by the city; 0th~rwise, allowance for depreciation and repairs may be charged as approved by the Department. The city shall diligently prosecute and complete said work and in the event the said work, herein provided for, is not completed within one hundred twenty (120) days from a~ after the execution of this agreement, the Department may upon ~itten notice terminate this agreement; provided, however, in the event of such terminatioz expenditures and expenses of the city incurred under the provisions of this agreeme~ to date of such termination shall be paid by the Department of the City. ARTICLE V FUI~)S The city shall render to the Department monthly, in guadruplicate, full and complete statements of all expenditures and expenses incurred in the performance of said work under the provisions of this agreement$ provided always, however, nothwith standing anything in this agreement contained contrary hereto or iH conflict~herewit said DepArtment shall under not circumstances be obligated to pay to the city for or on account of any said work, expenditures or expenses, lr any part thereof, in the aggregate in excess of the sum of Five Thousand Two Hundred Dollars ($8200.00). To the ex~nt as in this paragraph provided, and subject to all the terms and provisions of this agreement, the Department shall, upon approval and audit, as provided by law and the regulations governing said Department, pay monthly to the city any and all amounts incurred or expended by the city, as herein provided' in the performance of sdd worm. D~ring the progress of said work, all data and records pertaini~ to the work covered by this agreement in the possession or control of either said city or said Department s?all be made fully available to the other for the due and proper accom- plishment of the purposes and objects hereof. If at any time, the work contemplated under this agreement shall not be carri. on in a manner satisfactory to the Department, the Department may upon written notic terminate this agreement; provided, however, in the event of such termination all expenditures and expenses of the city incurred under the provisions of this agreemen to date of such termination shall be paid by the department to the city. It is agreed that no part of said sum of Five Thousand Two Hundred Dollars (~5200.00) is to be used to meet thecost of the city's engineering work and superin- tendence in cOnnection with the work provided for in this agreement. ARTICLE VI REPORTS Within sixty (60) days after the completion of the work contemplated by this agreement, the city shall file with the department a final report of expenditure on said project. All reports, plans, specifications, estimates, statements of expenditures and expenss, and other documents required to be submitted by the city to the Department shall be in form satisfactory to the department. ARTICLE VII MISCELLANEOUS PROVISIONS Alldisputes concerning questions of fact arising under this agreement shall be decided by the Director of Public Works or his authorized representative, and the decision by ss~.d Director, or his representative, shall be final and conclusive upon the parties hereto as to such questions. The State of California, its departments, divisions, officers and employees s~ not~ b~ liable for anything done or omitted to be done by the city in the performance of any work delegated to the city under this agreement. The city shall, in the event any claim is made against the State of California, or any department, division, offi~ or employee thereof by reason of said work, during its progress or.after completion thereof, defend, indemnify and hold harmless said state, department, division, offic. or employee from any damage or liability by reason of such claim. It is agreed by the parties hereto that the Department of Public workds and T! State of California do not and shall not acquire any ownership or interest in the wo~ done hereun~r h~ reason of this agreement and shall not be responsible or liable for the maintenance or operation thereof or for its adequacy in any respect. The city shall at its own expense prior to commencement of said work procure any and all permits, licenses or authorizations which ~a2 be required by federal or state law in reference to saidwork. said De~mrt~ent ~hall-under not circumstances be obligated to pay to the city for on account of any said work, expenditures or expenses, lr any part thereof, in th. aggregate in excess of the sum of Five Thousand Two Hundred Dollars ($5200.00). the ex~nt as in this paragraph provided, and subject to all the terms and provisi of this agreement, the Department shall, upon approval and audit, as provided by and the regulations governing said Department, pay monthly to the city any and al amounts incurred or expended by the city, as herein provided, in the performance sdd wor~. D~ng the progress of said work, all data and records pertaining to the w covered by this agreement in the possession or control of either said city or sai~ Department s?all be made fully available to the other for the due and proper acco~ plishment of the purposes and objects hereof. If at any time, the work contemplated under this agreement shall not be cal on in a manner satisfactory to~ the Department, the Department may upon written no' terminate this agreement; provided, however, in the event of such termination all expenditures and expenses of the city incurred under the provisions of this agree~ to date of such termination shall be paid by the department to the city. It is agreed that no part of said sum of Five Thousand Two Hundred Dollars (~5200.00) is to be used to meet thecost of the city's engineering work and super~ tendence in cOnnection with the work provided for in this agreement. ARTICLE VI REPORTS Within sixty (60) days after the completion of the work contemplated by this agreement, the city shall file with the department a final report of expendit~ on said project. All reports, plans, specifications, estimates, statements of expenditures expenes, and other documents required to be submitted by the city to the Departmez shall be in form satisfactory to the department. ARTICLE VII MISCELLANEOUS PROVISIONS Alldisputes concerning questions of fact arising under this agreement shal~ be decided by the Director of Public '~orks or his authorized representative, and ~ decision by said Director, or his ~epresentative, shall be final and conclusive u~ the parties hereto as to such questions. The State of California, its departments, divisions, officers s_nd employees not bs liable for anything done or omitted to be done by the city in the performaz of any work delegated to the city under this agreement. The city shall, in the e~ any claim is made against the State of California, or any department, division, oI or employee thereof by reason of said work, during its progress or.after completic thereof, defend, indemnify and hold harmless said state, department, division, cfi or employee from any damage or liability by reason of such claim. It is agreed by the parties hereto that the Department of Public workds and State of California do not and shall not acquire any ownership or interest in the done hereun~r h2 reason of this agreement and shall not be responsible or liable the maintenance or operation thereof or for its adequacy in any respect. The city shall at its own expense prior to commencement of said work procu~ any and all permits, licenses or authorizations which ma2 be required by federal o state law in reference to saidwork. In WITNESS M~k]EHEOF, the parties hereunto have affixed their signatures and official seals, the city on the ~ day of November, 1938, and the Department on the Vth day of November, 1938. Approved: EdWard Hyatt State Engineer By A. D. Edmorston D~puty Approved: E. C. Carleton Chief Attorney, Department of Public Works Approved: Arlin E. Stockburger Director of Finane CI~iY OF SOUTH S~N FRANCISCO By A. J. Eschelbach Mayor Daniel McSweeney City Clerk STATE OF CALIFORNIA DEPARTmeNT OF PUBLIC WORKS by Earl Lee Kelly Director of Public ~¢~orks (Seal) (Seal) By Jess Hession deputy Approved: City Attorney City of South San Francisco.