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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