HomeMy WebLinkAboutCity Council Resolution 248 RESOLUTION NO. 248
~ESOLUTION APPROVIN~, ~ME~N)MF/~T ~.%~ C~OP?;RATIVE AGREEt~.~' ~63-4811~5.~
I,~D I~LIEF, A~D AFi~[ORIZIlqG T~t~ '~YOR ~ EECU~S SAID ~MDMNT
WIIEREAS~ the Emergency Flood Rell.ef La~% Sec~tGn~ 54150,
of the Go~e~u~ Code, authort~e~ Sta~a aid to repair
or restore storm and flood damage or destruct'[on to public ~eal
proper~y having a gene~a~ public and s~ate iut:atcst~ subject to
the apFop'riat~.on of the necessary fullds by the State l,eg!slatuf'e~
WI~S~ durins the period free Ocl:ober 1~ 19d~ to July ~.~ i963
there ec~urrad storm and flood dama~;t.~ oz desrructl6n
publie real. p~operCy ll[~v:[~ a gellets! public and State
herei~after descr].b~d, lyi~ withizl the boundaries of Saratoga;
I~E]:~EAS:~ City of as'tereSa and St~.~.te of California have previously
exec. u~ed Coopers. tire Agre6men~ ~48H25~ and
I~ER~$~ s~id partie~ now des[re to amcn. d ~at.d C,x:cperL%tivc Agreement
{~63-481125 ~
N~, I~EREFOt~ BE IT RESOLVED that the City Council hereby approvcd
said aL~n~ent aa proposed,
BE IT F~{~IER ~ESOL~D ~T William E, Glennou~ Mayor of the
City of Saratogas is authorized to e~:ec,~ze, on behalf
of applican~:, th==~. ~dMn~ to said Agree~na
The abo~c and foregoing xesolutton vas duly and regularly introduced
adopted by the City Council of the City of Saratoga at a regular
~3~lng held on the 5th day of May~ 1965, by the following vote:
AYES: Councilmen Drake, Hartman, Tyler, Bu
NOES: N~Z
ABSENT: ncilman Glennon
ATTEST:
CITY
..;' ENI~aaNCY FLOOD RELIEF LAW
" .~PPROPRIATION
AMENDMENT A~E~NT 63-~8H~5
S~EETS 'A~ BR~S CI~ OF SARA~GA
............ WORK PRgJEC ....
THIS AMENE~NT TO COOPERATIVE AGREEMENT 63-~8H25,
FLOOD RELIEF, Chapter 81, St~tu~es of 1963, made in quad-
ruplicate this ~th ............ day of May ,
1965, by. and between the CITY OF SARATOGA in Santa Clara County,
California, hereinafter referred to as the LOcal Agency, and
the STATE OF' CALIFORNIA, acting by and through. the Department
of Public Works, hereinafter referred to as the "Department,"
W I T NE S S E TH:
WHEREAS, on March 95, 1964, the parties hereto
entered into COOPERATIVE AGREEMENT 63-~8He5, FLOOD RELIEF,
Chapter al, Statutes of 1963, concerning financial assistance
to the Local Agency in meeting costs to repair or restore
storm and flood damage or destruction.. which occurred between
October 1, 196e and July 1, 1963, to certain real property;
and
WHEREAS, said parties now desire to amend said
COOPERATIVE AGREEMENT 63-48He5 to provide for a revision in
the estimates of cost at various locations to the amounts found
necessary to complete the work as planned; to delete .the work
on Fourth Street shown as Item 5; and to .extend the time for
performing the work.
NOW, THEREFORE, IT IS AGREED as 'follows:
ARTICLE II..., SPECIAL PROVISIONS, is amended to be
a s follows:
ARTICLE II. SPECIAL PROVISIONS.
1. The work consists of the repair and restoration
of publ. ic streets and bridges in the City of Saratoga as
de~ail'ed hereunder wi~h the same item numbers as shown in the
Local Agency's Application with estimated costs in which State
funds may be used:
Item Estimatec
No. Road Name Location Des~cription of Work Cost
l(a) PIERCE ROAD 1500' north of Repair slipout and $ 3~000
Palomino Drive drainage
l(b) PIERCE ROAD At Mr. Eden Rdo Repair ditch and I~900
drainage
e ~UITO ROAD At e locations Backfill under cut 6~400
north of and pave slope
Woodbank
3(a ) B0~N ROAD Ki~redge Install retaining ~600
Road wall on Bohlman
and backfill up
Kittredge
3(b) B0~N ROaD Various Repair culverts 10~000
locations and place trash
rack
TOTAL $~5~900
e. The work has been done or will be performed by the
Local Agency or under contract or contracts let by the Local
A~enc~.
3. Any plans and specifications required will be
prepared by ~he L.ocal Agency.
~. All work shall be completed prior to May 31~ 1965.
5. None of ~he work listed in this Agreement
eligible fo~ Federal aid.
63-48H~5 -~ -
6. The work is to be financed as follows:
State Funds, Cha~ter 81,
Statutes of 16 ..... $29,073
Funds to be provided by
the Local Agency ............ 16,827
TOTAL $45,9Oo
Of the above funds, the sum of $16,827 represents the
Local Agency's contribution toward restoration costs computed in
accordance with the formula in the Emergency Flood Relief Law.
The CITY OF SARATOGA, by resolution of the City Council,
passed at a meeting held on May 5 , 1965, a copy of
which Resolution is attached hereto, has approved this Amendment
and authorized its execution.
IN WITNESS WHEREOF, the parties have hereunto affixed
their signatures On the day and year first above written.
APPROVAL RECOMMENDED CITY_ OF SARATOGA
City a ndlcoun ty 'Pro JeIIc t's Engineer By. k
APPROVAL RECOMMENDED STATE OF CA )RNIA
Dept. of Public Works
Sta~c~"'Highwa~"'Engihe~r ' JOHN ERRECA
Director
APPROVED AS TO FORM A..ND PROCEDURE
A%to~n'ey ror s~a~e .....
63-48He5 -3-
GENERAL PROVISIONS OF STOI~ AND FLOOD
DA~GE AOREE~ENTS
EmergeBoy Flood Relief Law
l. l)efAnit ions.
A. Emergency Flood reel tef Law:
Article 6 - Flood Relief, Sections ~150 through 5A~16~, added
to Chapter ~ of Part 1 of Division 2 of Title 5 of the Govern-
ment Code ,by Chapter 1~11, Statutes of
B. The General Prowl.siGns:
The General ProVisions of Flood Relief Agreements, as stated
herein, and providing the general terms and coxldltions of the
agreement entered into between the Local Agency and the State
of California, acting by and through the Department of PUblic
Works or the Department of Water Resources pursuant to the
· aergenoy Flood I]$1tef Law, and other applicable Laws.
C. The Contract:
The specific Contract and Special Provisions providing for the
D. The Agl-eement:
The Contract and the General Provisions, taken together, shall
constitute the agreement which is described in Section
of the Emergency Flood Relief Law. In case of conflict between
the Contract and the General Provisions, the terms of the Con-
tract shall prevail.
g. Local Agency:
The city, city and county, county or public district named in
the Contract as a party thereto.
F. The Department:
The State of California acting by and through the Department
of Public Works or the ~artment of Water Resources and. named
in the Contract as a party thereto.
G. The Work:
The Work described in the Contract, consisting of one or more
separate items of work as described therein.
Preliminary Engineering:
The term 'preliminary engineering" includes all preliminary work
. including, but not restricted to preliminary surveys and reports,
preparation of cost estimates, laboratory work, soil investiga-
tions, preparation of plans, design and advertising. The term
does not include ~nvestigntio~s, estimates or reports made by
the Department of Public Works or the Department of Water
Besources, pursuant to Section 54155 of the Emergency Flood
l~elief Law.
I, Construction EngineerinS.
The ter~ 'construction en~lneerir~' includes actual lnspec-
tibn of the woPk, necessar7 construction stakl~, laboratory
~ field testiS, field ~ports and ~eco~ds, estimates, and
fill ~povt.
II. ~fo~ce K ~.
A. ~forsance of work by the ~cal ~ency:
1. ~en so s~cified in the Contract, the Local A~ncy will
perfort .the work or' a~ item thereof, or award the Con-
tracts therefo~ p~s~nt to the laws ~cve~nin~ the
~ency. ~e ~c~ ~enc~ sh~l ~nde~ to ~he ~partment
monthly~ or at such lBtevvals as ~e satisfactory to the
~partment~ claims, in such form as the ,~rtment
scribes, cove~l~ the cost, of the work pe~formed~
upon the State will relmb~se the Local ~ency for the
value of the work ~rfo~med, to the extent of the
p~oportio~te sha~e thereof in the ratio set forth In the
contract, less ten percent {10~) of said s~ which will be
~etained by the State fo~ final adjustment as to the
~ount of the State ~ Local A~ncy contribution In
octdance with the provisions of Article Ill(A) hereof.
2. Claims for ~elmburse~nt will be cevtifi~d by ~ author-
ized vepres~tstlve of the Local ~ncy or by a siVatory
to the A~veement on ~half of the Local ~ency. Within
· sixty (60) ~ys after comple~lcn of the work called for
by this ~esent, the ~oal ~ency shall file with the
~~ment a final ~port of expendl~es therefor In the
form prescribed by the ~rtment. The fl~ p~ment will
be made subject to the adjustments he~einabove described.
~lov. to suCh~yment, ~ insection ~d audit may be
~formed, tn the discretion or 'the
3. Work ~co~s and a~it.
~e f~s heroin ~N. ed to be famished by the State
shall be f~ work ~for~d pursuant to the
~eement onl~ u~n the su~ission of claims' In
satisfactory to .the State. As to each item of work
fo~med pursuant to this a~reement, Loc~ ~ency ~rees
keep and nintaln f~l, c~plete~ accurate and itemized
reco~ of such work and to permit a~ authorized office~,
~ent or employee of the S~ate of ~llfornla to
such records and to interview In connection with such
reco~s or work, all officers, ~ents or employees of the
Local ~ency concerned the~ewith.
~. ~vlew' by ~tment.
~ere the ~cal ~ency is to pre~ve plans and s~clficatlo~
for the work or a~ item thereof, then prior to performance
of such work or advertise~nt of the no~lce to bidders
therefor, Local ~ency shall submit the said plus and
s~cifications to the ~rtment and shall not proceed
with the performance of the ~ork or advertisement of
said notice ~tll it has ~ecelved the Departmonths written
approval of the plans and specifications therefor. The.
.plans and specifications shall not thereafter be modified
without the prior approval of the Department.
No contract will be awarded for any item of work in
excess of the estimated cost thereof, as sho~n In the
Contract without prior written consent of the Department
and the allocation of additional funds by the Department
of Finance, if necessary. A tabulation of bids received
shall be furnished 'to the Department in all cases where
work is performed by contract.
The Local A~enc~ a~rees that the Department may make
such Inspection of the work as It deems proper in the
course of construction. It is a~reed that the cost of
any preliminary en~lneerln~ or construction ex~lneerln~
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 llepertment by the Local Agency
upon presentation of claims therefor by. the Department.
5. Use of eqtxX~ent.
Where work is pex. fol. sed by the Local ~t~ency by ~ts own
forces~ eqtx~p~ent..owned by .the Local A~ency may be
char~ed on a;rental bas~s at rates approved by the
Department.
6. If' the 'Local' A~enc~'d0es. lxot diligently prosecute the
work finance~'. undel..the A~reement, or does not complete
sa~d work w~:h~n the t~ne provided in the Contract~ or
such f~rther time as the. Department may for good cause
allow, or~ at .any time' said work is not carried on in
a man~er sattsfac~ory to the Department~ the Department
may, 'upon wr.~tten not ice ,. terminate the ~reement.
tensions of t~me may be gl. anted by the Department w~th-
out the necessity of amendin~ the A~reemento Upon such
termination all expenditures and expenses of the Local
A~enc~ and t~ Department 'necesSarily ~ncurred to the
date thereof .ttnder and ~n accordance with the A~reement,
shall nevertheless be pa~d' from the funds allocated for
the work.
Performance' of Work. by the Department:
1. When so specified ~n the Contract, the Department w~ll
perform the Work or any. ~tem thereof, pursuant to the
State ContraCt Act, and w~ll advertise and award a con-
tract or contracts for the work specified, and will make
payments to t.he contractors as the same become due.
2. Prior to~aWard of the contract the Local Agency shall for-
ward to the Department for deposit in the ~tate Treasury,
a sum equal to the matchln~ .fttnds 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 preventI overpayment of the 3tats's contri-
bution determined in accordance with the I~nergency Flood
Relief Law.
-3-
3. The Department from time to ~lme~ request that the
State funds fo~ work or item be transferred by the
Controller tO in such amounts as are
deemed Department.
½. Contractors work tmder contracts with the
Department' to the Department for the
satisfactory execut 'of the Contract~ however, on re-
quest by the the Local Agency will to the
limit of its ma resources furnish at cost such
englneerin~ and personnel as may be required.
Charges for such ,neerln~ will be billed to the Depart-
ment on id invoices for reimbursement.
The char~es for. and inspection shall
only be for the di ts thereof and shall not exceed
rates by mont. The Department will
exercise m over such contracts and may
take direct the work thereof at its discretion
when it is deemed C ;.~'he responsibility of the Depart-
ment so reqUl: of the work of said
contract or ions thereof. acceptable to
ce of such completion.
completed work.
~. Upon completion covered by the Agreement, the
amount of the therefor by the Local Agency
and the State adjusted based on the actual cost
thereof pursuant terms~ of Article Ill(A). The
Local A~ency' xp a~rees that' upon such adjustment,
if there is a deficienCY in the amount t has contributed
toward such cost, it will pay such deficiency to State
or make satisfactory arran6eme~ts therefor within ninety
(90) days after notl6e of: the'amount of such deficiency.
C, Work Already Performed by ~heLocal Agency~
1. Where work covered. by this Agreement or any item thereof
has alreadybeenper~ol~xed 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"ContPaot. upOn the submission to Department of
claims therefor Sati~faOtOxV to the State.
2, Ten percent(lO%) of $tate's contribution therefor shall
be retained by the pending final audit by the
State Controller ustment of the State's contribu-
tion for the actual cOst of the work performed under the
Agreement or. ,any subsequent agreements~ pursuant to
ArtiCle Ill(A). '
III. Funds,
A. Upon completion of the work financed by the Agreement, the
contributionsby the State and the Local Agency for the cost
of such work and of ell 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 ~157 of the Emergency Flood Relief Law.
fu~nished
the flnancir~ of the work shall 'be deducted from the cost
of the pro sot in 'accordance with Section ~1~8 of the
Emergency ~ood Relief Law whether or not such Federal
funds a~e inolude~ in the' ~eement.
B. Nothl~ In the ~eement sMll be constrand to permit the
~ocal ~ency to collect more than the total cost of the work
or any item of work, f~ the cont~lbatl~ ~enc~es. ~e
allocation by the ~pa~ment of ~Mn~ ~ill be adjusted
do~ward should each a sit~tion ~come evident.
C. Either party to the ~eement may Peq~st that ~ agreement
~en~ent be exeOnted sho~d m revision in the meth~ of
financl~ beo~ ~ss~y oP advisable.
D. In no event shall ~he ~ate bec~e liable for a~ expendi-
ture for the wor~ 0r ~ item .~he~of In excess of the
estimate therefor stated In the Contract except .upon its
written consent ~d the nll~ation. of necessary ~dltion~
funds by the ~~ment of Fim~.
E. ~e ~partment ~y, without the necessity of ame~l~ the
~eem~t, ~Just the cost estimates of items or work
financed he~eP within the mo~ta~ limits or the ~Peement.
F. In the event the ~tment shall, at ~y ti~, determine
that ~y po~tl~ of the State f~ds p~ovided In the contract
ape In excess of n~d'roP the o~pletion
shall certify the ~o~t of such excess In wrltl~ to the
~Ptment of Fi~no~, to the Loog ~ncy ~d Co the Con-
trolle~ of the ~ate or ~ltro~la, the ~ount so certified
shall be deemed a reduction of the allocation and shall no
lo~eP be available fo~ expedites he~e~der, ~less ~eal-
located the~fo~ by the ~tment Of Fi~nce.
G. In the event a~ work linseed he~e~de~ shall ~ aoco~lished
in a manner which all~s the s~a~ of a~ ~terials from
the da~ed facllity~ t~e Peaseable value of such salvage-
able mate~i~s sh~l ~ appli~ ~o redace the total cost
such work. ~e ~aso~ble value' of such salvaZeable ~tePlals
shall be the u~t '~lzed by the Local ~ency from the
~ale t~ereof up~ com~tltive biddl~ therefor, or In the
absence of such sale, su~ ~o~t as the ~rtment may
dete~mine to be Peasophie value
H. Notwlthstandi~ ~ other provisits herein contained the
~pa~tmen~ ~y at ~y time ~tain s~ch funds a~ltional to
the 10~ ~tention p~ovided fop In ~ticle II hereof as It
~y deem neoess~y to p~nt ~ overp~ment of the State
contrlbation t~a~ the' work fin~ced hereunder.
A-. In the 'event that ~y item of the work covered by this ~ree-
meat is eligible fop PedePal-aid ~eP~ency Helief F~ds,
.... then it is ~e~sto~ ~d ~ed as follows:
1. The Federal Aid Act, Title 2B, U. $. Code, requires
that the maintenance of improvements constructed
thereunder shall be the responsibility of the State
and that where the Department proposes to provide
maintenance by agreement with the Local Agency, the
work shall not be approved if any project previously
improved with Federal funds under the provisions of
the Federal Highway Acts, as amended and supplemented,
which the Local Agency has agreed to maintain, is not
being satisfactorily maintained as determined by the
Secretary of Commerce.
It is therefore agreed that after the completion
of the work or acceptable portions thereof, and upon
notice of such completion, the Local Agency will main-
tain 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 contribute
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 Department
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 supervision 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 connection 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 depart-
ment, division, officer or employee thereof, by reason of said
work, during its progress or after completion thereof, defend,
indemnify and hold harmless said State, department, division,
officer or employee from any damage or liability by reason of
such claim.
-6t
B. It is agreed by the parties heretothat the State does-not
and shall not acquire any ownership or interest in the
work pursuant to the Agreement and shall not be responsi-
ble 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 aad real property required for the work, free and
clear of obstructions and encumbrances, and expressly'assumes
the obligation to pay damages which may result to real prop-
arty not actually taken but inJuriously affected by the work.
The Local Agency ftu-ther agrees to pay from its ~wn
funds, any costs incurred in connection with the work which
arise out of right 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 havlr~ Jurisdiction there.-
in in reference to sa~d'work and no expenditure therefor shall
be chargeable against the funds available for the work under
the Agreement.
E. Any local materials such as earth or gravel usedin the work
and obtained fro~ property owned by the Local Agency will be
made available by the Local Agency ~lthout royalty charges.
~oyalty charges for materials obtained from property owned
by others under agreement with the Department or under a~ree-
merits with the Local Agency that have been approvsd by the
Department may be charged to the cost of the work.
F. The Agreement shall be of no force or effect unless the
Department of Finance shall allocate such funds pursuant to
the t~nergenoy ~lood Relief Law, as are specified in the
agreement.
~. The Agreement may be terminated and the provisions thereof
may he altered~ changed cramended by mutual consent of the
parties hersto.
Revised August, 1963