HomeMy WebLinkAboutCC RESO 8205RESOLUTION NO. -8205— - -
RESOLUTION APPROVING AGREEMENT FOR PUBLIC WORKS PLAN PREPARATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, as fellows:
1. That an agreement has been received from the Federal Government of
the United States, offering to advance not to exceed $15,500.00 to aid in
financing preliminary planning to consist of basic site plans, floor plans,
major elevations, cross sections, outline specifications, and cost estimates
for the construction of a City Hall.
2. That said Agreement for Public Works Plan Preparation between the
CITY OF NATIONAL CITY, and the UNITED STATES OF AMER/CA, dated the 3rd day
of October, 1962, a copy of which is hereto attached and made a part hereof
by reference as though set forth at length, is hereby approved and accepted,
and the Mayor is authorized and directed to execute the same for and on
behalf of the City of National City,
PASSED AND ADOPTED this 16th day of October, 1962.
G 7�
RICHARD E. GAUTEREAUX, Mayo 3%'o the City of National City, California
ATTEST:
I hereby certify that the above and foregoing is a full and true copy
of Resolution No. 8 205 of the Resolutions of the City of National City,
California, as adopted by the City Council of said City, and approved by the
Mayor of said City, oh__the 16th day of October, 1962.
IRENE M. ALSTON, City Clerk of the City of National City, California
HOUSING AND HOME FINANCE AGENCY
COMMUNITY FACILITIES ADMINISTRATION
AGREEMENT ARR P%MLK TOMES PLAN PREPARATION
Poston no. T—Calif-359E
Contract Mo. H-602-1544
CITY iT MAT/ORAL CITY
aat Co,pa, Mie papas «Applieaw)
1243 !'-6atiaaam1 Avaaaa
taffeta' City, California
(Adersas of Applicant)
CEA-420
(2/62)
3aarssraot to die re&aiei+ns'bf ,whit Law 560, 83rd Congress, as amended, and your application, as modified
rated, arsd stlb}ect to the Tersrs and Comfit —ions,
part heretf, the UNITIT± STATES OF AMERICA, sating I sad a ti}e aao-d Ndsee Pinaatce
A i , hereby trffers to wake you art advance of not to exceed $ 13, to aid you in Illitahcieg
the cast wf plan prepararion, to eotralst cf preliminary planning aenai,timg of baste efts ptaaa,'
floor plans, tea;r®r elevations ass suction„ outline specifications and eat -
estimates
for eke cons auction of a Ctvies • t Ater Redding.
Sy the acceptance of thin offer, you agree to submit the above -described plan preparation within 211)
C born the date of Ions acceptaav;e heteof and covenant that you will repay the advance when required to do so
terrier the provisions cf said Law and Terms and Conditions.
This offer rust be mcctptet4, if all, within silty (60) days from the dare hereof.
This `_+ day of
,19,
UNITED STATES OF AMERICA
Noosing and Home Finance Administrator
Title
Aireg of
t7 Fad�tiou
PROGRAM OF ADVANCES FOR PUBLIC WORKS PLANNING
TERMS AND CONDITIONS
1. The applicant shall riot use the advance, or any portion thereof, to defray the cost of any part of the plan
preparation which, prior to the date borne by the offer to which these Terms and Conditions related, has been per-
formed or has been included in any contract in which the applicant has agreed to finance such plan preparation
with any specific funds other then those to be supplied by the Government.
2. The plan preparation to be paid for with the advance shall be limited to the project for which the advance
is made, and the iiplicant shall cause the plan preparation to be such as will permit of the construction of the
work contemplated thereby at a cost which is within its ability to finance and which bears a reasonable relation
to the estimate of :coat therefor contained in its application for an Advance for Public Works Planning.
3. If data obtained during plan preparation indicate that unforeseen conditions will increase the cost of the
public work substrntially beyond theoriginal estimate, the applicant shall suspend plan preparation and notify the
Government as soon as possible.
4. The applicant shall not perform the plan preparation with its own forces except (A) as shown in its appli-
cation, or (B) as may be approved by the Government at the applicant's request prior to performance of the work.
5. In the event theGovernment has approved the use of the applicant's own employees to accomplish the plan
preparation, only those costs incurred by the applicant for the plan preparation which would not have been incurred
except for the undertaking of the plan preparation shall be paid from the Government's advance.
6. The applicant shall keep accurate accounting records of all costs involved in connection with each advance.
The accounts and records of the applicant, together with all supporting documents, must be open at all times to
inspection by authorized representatives of the HIHFA, and copies furnished when requested. The applicant shall
furnish a copy of any contract entered into in connection with plan preparation immediately upon execution
thereof.
7. The applicant shall establish a separate planning account into which shall he placed all Federal funds
estimated to be required for plan preparation, together with any of the applicant's own funds to cover that portion
of the plan preparation cost not covered by the Federal advance.
8. The advarce may be requisitioned when plan preparation is corapleted and presented to the Government,
together with evidence of the applicant's approval thereof, including specifically the then estimated cost of con-
structing the public work contemplated by plan preparation, and any other approvals required by Federal, State or
local law. Upon receipt of such data, in satisfactory form, and if the Government is satisfied that the applicant has
complied with all its obligations under the said Agreement, the full advance,hur not exceeding the actual plan
preparation coat .vii.l be paid.
Interim payments may be made if the Government finds such interim payments are justified to insure prompt
completion of plans.
9. The Government may elect to terminate all or any of its obligations under the said Agreement:
(a) If any representation of the applicant, in its application or in any supplement thereto or amendment thereof,
or in any documents submitted to the Government by the applicant in connection with such application,
shall be incorrect or incomplete in any material respect;
(b) If the applicant shall fail to commence promptly or complete theplan preparation within the time provided'
therefor is the Agreement or within the limits of any extension of time as may be approved by the Govern-
ment, or if the applicant shall fail otherwise in theperformance or fulfillment of any of its obligations to be
performed or fulfilled under the Agreement;
(c) If the applicant shall fail to submit or cause to be submitted to the Government any reports, data, plans,
drawings, specifications, contracts, estimates, approvals, or other documents pertaining to the plan
preparation contemplated by the Agreement, that may be requested by the Government;
(d) If any official of the applicant shall become directly or indirectly interested pExscreen,, ip tract ar
subcontract in connection with the aforesaid plan preperation.
If the Government terminates its obligations the applicant will be liable for immediate refund of *ay funds
advance by the Government.
10. In the event the applicant has employed or shall employ any person, firm, or corporation, excepting bona
fide employees and persons, firms, or corporations employed wider a bona fide contract to render professional or
technical services onlyto solicit or secure the advance covered by the Agreement to which these Tetras and
Conditions relate, or arty other contract right under such Agreement, upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, the Government shall have the right to annul said Agreement
without liability or in its discretion to deduct from the advance otherwise payable under the Agreement the full
amount of such commission, percentage, brokerage, or contingent fee.
21. The advance shall be repaid promptly upon the start of construction of the public work contemplated in the
planning report. Constriction shall be considered as undertaken or started when the first construction contract is
awarded or the applicant begins construction with its own forces. If construction of only a portion of the planned
work is undertaken, repayment is required of such proportionate amount of the advance related to the work as the
Administrator determines to be equitable.
12. In the event the applicant should, for any reason, fail to repay promptly the advance in full in accordance
with its obligation under this Agreement, whether such obligation shall arise by operation of law or under the said
Agreement, such unpaid sum shall bear interest at the rate of four per centum per annum from the date of the Gov-
ernmant's demand to the applicant for the repayment to the date of payment thereof by the applicant.
13. The Governmer r shall not be obligated or liable ceder the Agreement to any party other than the applicant.
14. No member of Cr delegate to the Congress of the United States of America or resident commissioner shall
bl!'aeldlltid e3 prey share or put of the Government's advance or in any benefit arisiag therefrom.
15. The applicant may terminate the Agrennevtrit 'any time prier to tl!`d {4-tleetawent'e payment of eery porter"ef
the advance by written notice to the Government of such termination. In seat etient, the Government will be relieved
of ell its obligations under the Agreement. If the 'applicant terminates the Agreement after receiving +sty portico of
the advance, it shall 1. rompd y refund to the Government the per**, el** rdw®tI data haw bona paid by eat Oro
etnraertt unless the abancbement is concurred in by the Government.
•
ACCEPTANCE
The foregoing offer is hereby acceptedthis day of
CERTIFICATE
Q SWINIAL CITY
{Cyst Corporate .Nea* of 4.p4.
1, the" a etdersigned> HEREBY CERTIFY that I am theofficial custodian of the teaipds and
goo sing body of the above -identified Applicant; and that smcL tee** and
Pleocscht
pcediags of said gag body had and adopted oaa the /4 day of
19 ?'the foregoing offer of the United States of America hie helm aogtaiificdly sand duly
Applir*st.
.1014.
M AL)
proceedings at the
pwrssattat to
accepted by said
�-'C. -lam "a v Sao
City Clerk, City of National City