HomeMy WebLinkAboutContracts & Agreements_2-1935 EDWARD HYATT STATE'ENCINEER FRANK F MERRIAM EARL LEE KELLY
CHIEF OF DIVISION GOVERNOR OF CALIFORNIA DIRECTOR
STATE OF CALIFORNIA
Department of Pub#u MoriRts
DIVISION OF WATER RESOURCES SACRAMENTO
PUBLIC WORKS BUILDING
June 21, 1935.
City of Redlands
ch Geta. S. hinckley, City Engineer
Pedlands, Calif orn?€;
SUBJECT APPLICATIOI? UIDER C APTER 11, STITUTRS OF 1938,
TRA SESSION, S.pd.-Z, Redlands 1, Report SC,
Channel clearing, levee and bank protection works
Gentlemen
3
There are enclosed herew th six copies of form of contrast
between City of Redlands and State Department of Public Arks: Three
copies should be ez cuted and retqryld to this office together I01,
certified WAS of she resolution of the City Council authorizing
such execution. Onc of sach copies will be returned for your files
after execution by the Department.
Ver;; truly yours,
aIT-
Sta. e Engineer
enc.
By
4; S a e ,n racer
July 8, 1538
Earl. Lee Kelly, Director
State of C °lif'ornia
Dent. of Public 01orks
c/o Fd%ard 17att, State Fngineer
Sneramento2 Calif.
SUBJECT: AprL1CA`TTN UNDER CHAPTER 11, STATUTE'S
or 1938, F-/TBP SF'.SSICN, S.Bd.-f,
Redlands 1, Report 86, Channel clearing,,
levee and bank protection works
Gentlemen:
There are enclosed herewith tnrEe copies
of fora of contract between City of Redlands and
State Department of IF'ubliq Works. These copies
huhve been executed oy ti-ie City Council. Also are
enclosed tiiree certified co,,i.es of resolution of
City Council authorizing such execution.
Very truly- yours,
Geo. S. Hinckley,
City Engineer
GSH:L4
Of TS MY COUNCIL 17 W3 CITY OF
AMPTIV, TIA: noWn an-FUT? 0111=10
71 zoo QT77 77 P"MAN0 by THF IWO OF 20021511&
or,AtrvpNT ov OF= SO m" xutdntxzzvc Tip qqq-�,'
AND CITY CLERK 70 11YOUTr Win PGRPPvFNT OR BINALF 10HIP
WWWAS the VILZ of Radivali hm mqaeatel ba allavaulan frog,
W State Xnargenry Punt Por Faergomy Mad rromecttwo "INK
being in applIsminn under Cmvpler 11, Wtutom W M%
fatro SeDsloa, S. tM, Pwi&a& 1, t�ep-,ort RC,
Menringt levee W banx protection works, and,
PHYMS, the Virector of Manus hab au' bra ovs , too are of %V!
fund of 0XV0041ture, of tim sun of n0Z to exceed #14,0=03'4
ferr .':.✓�'®z sat flr&h st"I' t""'v't certglm ngreerent smhritwe ]�
to the City bj the MartmeW of Tublk TOM, vand,
WSMI the city Council Sm duly eanxideW Wd tyeament and
doew It to the mdVn1tqge of owe My of RedInnow to nccvpt tkbw
S"140
gart TAMPAM PA T7 F&SAWD T&T 79IT' av,11 -1
referred to bo mcaept*3 by ttm Cit, of IWAMn W aw! IQ
layer and tba City cle-�"' b'R3 a"�t end W ma Amsky antmarize"!
to emeent. Sall Ajrmf is of too City of 1.411ner , add
Redlands 1
(S.Bd,-2�2)
(Report 86)
This Agreement, executed in triplicate, entered into by and
between the City of Redlands, 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:
1UNUA5, 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 1.89 of the 1937 Budget Act (Statutes 1937, p. 423) and
the legislative intent is stated in said Chapter 11. that Five Million Dollars
($5,0009000) of said sum be made available for alleviation of hardship and
destitution and for the repair end restoration of property, levees, Mood
y .w
convenience and welfAre of the general public of the state at large, and
SVERE.S, the Director of Finance has in the lawful exercise of his
discretion, es provided in said Item 189 of the 1937 Budget Act, found that
the damaged condition of said channel, levee and bank protection works con-
stitutes a State emergency end that it is proper that money be allocated from
said emergency fund for the repair and rehabilitation of said channel, levee
and bank protection works, and
VMREAS, the said Director of Finance has approved the repair and
rehabilitation of said channel, levee and bank protection works as provided
by this agreement, and said Director hes on the day of
1938, authorized in wri
Redlands 1.
Plans and specifications as prepared by the City for various items
of the work, shall be submitted by the City to the Department for epproval
in writing, No changes shall be made in plans and specifications after such
approval except with the consent of the Department.
ARTICLE III RIGHTS OF WAY
The G�ty shall furnish at its own expensa all necessary rights of
wey for the work hereinabove designated under Project Redlands 1,
ARTICLE 17 PERFORMMCE OF WORK
The City shall do, or cause to be done under its direct super-
vision, the work contemplated by this agreement in accordance with plans and
specifications. as approved by the Department, and said work shall be per--
tion and repair 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 eighty (180) days from and after execution of this agreement, the
Depertment may upon written notice terminate this agreement; provided, how-
ever, in the event of such termination all expenditures and expenses of the
City incurred under the provisions of this agreement to date of such termi-
nation shall be paid by the Department to the City.
ARTICLE V ANDS
The City shall render to the Department monthly, in quadruplicate,
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, notwithstanding anything in this agreement contained contrary
hereto or in conflict herewith, said Department shall under no circumstances
be obligated to pay to the City for or on account of any said work, expendi-
tures or expenses, or any part thereof, in the aggregate in excess of the
sum. of Fourteen Thousand Dollars ($14,000.00). To the extent as in this
paragraph provided, end subject to all the terms and provisions of this agree-
ment, the Department shall, upon approval and audit, as provided by law end
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 said work.
It is agreed that no part of said sum of Fourteen ThousFnd Dollars
($14,000.00) is to be used to meet the cost of the City's engineering work
^nd superintendence in connection with the work provided for in this agreement.
During the progress of said work, all data and records pertaining to
the cork covered by this agreement in the possession or control of either said
-4-
City or said DepartmeAt shall be rade fully available to the other for the
due and proper accomplishment of the purposes and objects hereof.
if, at any time, the work contemplated under this agreement shall
not be carried on in a manner satisfactory to the Department, the Department
may upon written notice terminate this agreement, provided, however, in the
event of such termination all expenditures and expenses of the City incurred
imder the provisions of this agreement to date of such termination shall be
paid by the Department to the City.
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
expenditures on said project,
indemnify and hold harmless said State, department, division, officer, or
employee from any damage or liability by reason of such claim.
It is agreed by the parties hereto that the Department of Public
Works and the State of Californis do not and shall not acquire any ownership
or interest in the work done hereunder by 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 .may be required
by federal or state lew in reference to said work,
IN WITNESS WHEREOF, the parties hereunto have affixed their
signatures and official seals, the City on the / day of �t �, ,1938,
t.�
an:? the Department on the J.2 day of , 1938.
4 MOLUTTOR OF T& CITY COUNCIL OF TEE CITY OF
RTADLMT�F ACCFPT1%RG T,, xT AVis- PAMPM 07MITTV)
TO TH7 MY 0? RDMAT B! THE TT-TT OF Q&TTOPNIA114
DMITINNT 0? MIX TOM AND AMOPMNIG' TUP, MAY11",
AND CRY CLEEK TO MCM7 SATr AMMENT OP MALF OF
TAF CTTY OF REMArg DR.
WHFP,-FA9 the Aty of RedlnvjS ba� recuwted -M allocation frwm
the Stnte Vergeney ?Und for Fnergenay Mod 7rotectlon fork
being an applioation under Mpter ill Statute* of 1%83�
Extro $eSsina, & Q-2' Rellands 1, Relort q6 for ChAnnel
CLeoring, levee and baw nrotecilon works, and
WiFF04 S, toe Breavar of Finaree Mas ap; roved the use Qf swid
If"und of ezvenditure of the sum of not to exceed $14,00000�
for the purnese as set farth in that aertaln ngreement tabMwe ,
to the City by the Dej,itment of Public forks, nnd
WHYPOM tne My Coancil hot duly considered sold agreement and
deen, it to tho advantage of the My of Redlents to accept Kae,
zvmsp
NOW, TEMPKIRE By TT RUSOLUD THA7 �V sniu agreement above
rpferred to be accepted by thF City of red iands, and nhot tbm
Uayor amA the City Clenk be auttla-Lorized an are hereby autbarized
to execute said agreemant on bahnlf of tbo CHI of Redlandr, add