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HomeMy WebLinkAboutTC Res 1964-08-24 (6) RESOLUTION NO.~ RESOLUTION OF T~~ CITY COUNCIL OF TPR CITYOF TmURON APPROVING MASTER AGREE~ffiNT FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES WHEREAS, a proposed agreement with the State Department of Public Works, Division of Highways, for the budgeting and expenditure of funds allocated from the State highway fund to cities has been presented to the city council for con- siderationj and WHEREAS, the city council has heard read said agreement and is familiar with the contents thereof; THEREFORE, be it resolved by the city council of the City of Tlburon that said agreement be and the same is hereby approved and the mayor and the city clerk are directed to sign the same on behalf of said City, said agreement to be binding upon the City upon its execution by the authorized officials of the State. ADOPTED this 24th day of August , 19 64. '#h~ ~ ~v Mayor of the City of 'fiburon Attest.~~~ -D ?~ ~rk of the City of 'l'1buron I hereby certify that the foregoing resolution was duly and regularly passed by the city council of the City of Tiburon at a regular meeting thereof held August 24 , 19 64. ~L?? , erk of the City of Tlburon MASTER AGREEMENT FOR THE BUDGETING AND EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES This agreement entered into by and between the City of T lbuf on , hereinafter referred to as the City, and the State Department of Public Works, Division of Highways, hereinafter referred to as the Department, WITNESSETH: WHEREAS Sections 194 and 2107 of the Streets and Highways Code provide for allocation and expenditure within cities of amounts transferred to the State Highway Fund from the Highway Users Tax Fund; and WHEREAS Section 195 of the Streets and Highways Code provides that at least two-fifths of the money allocated under the provisions of Section 194 shall be expended for the construction of streets included in the system of select city streets within each city, and the balance for maintenance; and WHEREAS in accordance with the requirements of Section 196 of the Streets and Highways Code, the City has set up by Ordinance Number 15 a Special Gas Tax Street Improvement Fund in which shall be deposited all amounts allocated pursuant to Section 194 and received by the City: . " 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 foliows: -1- ARTICLE I. BUDGET PROVISIONS A budget showing the estimated expenditure of funds, to be allocated'to the city by the State, shall be submitted annually by the city for approval by the department as pro- vided for under Section 197 of this Code. A budget approval by the department shall consist of an acknowledgment of the submittal of a budget by the city, a statement of the funds available for budgeted expenditures, a statement of estimated expenditures by projects, and the signature of the officer approving the budget for the department" The amount budgeted for a project may be revised, or other projects added, by submission by the city of a supple- mental budget for approval by the department. The annual revenue and the amounts provided for the projects listed in an approved budget are estimated amounts. In the event that the actual revenue or the actual cost of the projects differ from estimated amounts, the approved budget may be amended only by a supplemental budget. When a budget proposes expenditure of other funds for a project in conjunct1.on w:lth the expenditure of state allocated funds, the pro.5ect statement shall show the amounts and names of the cooperative funds including city funds, if any. It is agreed that the cooperative agencies, including the city, need not approve or budget such cooperative funds before the city submits its budget for approval of the department" When a project, included in a budget submitted by the city and approved by the department, is proposed to be jointly financed with State allocated funds, other cooperative funds, if any, and with an allocation of State highway funds by the California Highway" Commission, it is agreed that the Obligations of both the city and the department under this agreement are contingent upon the allocation of the necessary funds for the project by the California Highway Commission and upon the budgeting of the necessary cooperative funds by the city or by the other cooperative agencies., In the event the cooperative funds are not allocated or budgeted, the city may submit a supplemental budget to the department for approval for rebudgeting the state allocated funds. Upon approval by the department, the budget as submitted by the legislative body of the city shall become a part of - 2 - this agreement and all work and expenditures of the allocated funds are to be made in accordance with the terms of the approved budget.s, and of this agreement and any supplements thereof. ARTICLE II. DELEGATION OF EXPENDITURE The department hereby delegates to the city the expend- iture or runds-to defray the cost or the work described in the approved budget, except for those projects noted in such budget to be accomplished by the department in behalf of the city. ARTICLE III. MAINTENANCE Unless otherwise authorized in writing by the department, all/streets will be maintained by or under the direct super- vision of the city. Maintenance shall be as defined in Section 27 of the Streets and Highways Code, as modified by Section 195 of the Code. Maintenance work shall be adequate to preserve and keep the roadway, structures, and facilities in the sa1'e and usable condition to which they have been improved or constructed. ARTICLE' IV. RIGHT OF WAY Expenditures for rights of way may include the cost of the acquisition of land and interests therein for projects included in an approved budget; removing, demolishing, moving, resettirig" and alte,ring obstructing buildings, structures, ut~lity installations and other ~provements; the payment of any and all da~ges to property arising by reason of the project ; court costs; and all other expense necessary or incidental to providing a right of way clear and free of ,all obstructions or encumbrances. The right of way will be acquired by either the city or the department as.noted on the approved budget. ARTICLE V. SURVEYS AND PLANS The necessary surveys and plans for the work as desig- nated on the approved budget will be made by ~he city or the department as noted on the approved budget. - 3 - ARTICLE VI. CONSTRUCTION WORK BY CITY Construction shall be as derined in Section 29 or the Streets and Highways Code, as modiried by Section 195 of the Code. The city will construct or cause to be constructed by others, in accordance with approved plans, specifications and estimates to be submitted therefor, the improvements described in the approved budget. Any significant changes made in the approved plans or specifications will require department approval, either prior to making such changes, or at the time the final report is submitted in those cases where advance approval cannot be obtained without costly delay to the work, or where through inadvertence advance approval has not been obtained. The department's approval, before or after changes are made, will establish the eligibility or such changes for financing with allocated funds. The construction work described in an approved budget shall be performed by contract unless the performance thereof by day labor is approved by the department. The work shall be done to the satisfaction of the depart- ment and is subject at all times to inspection and approval by the authorized representatives of the department. ARTICLE VII. CONSTRUCTION WORK BY DEPARTMENT Construction shall be as defined in Section 29 of the Streets and Highways Code, as modified by Section 195 of the Code. The department will construct or cause to be constructed the improvements described in an approved budget as work by department in accordance with approved plans, specifications and estimates therefor. Any minor changes in the approved plans and specifications due to unforeseen contingencies or made desirable by conditions developing during the progress of the work may be made by the department. The work will be performed by contract or by State forces as may be, in the opinion of the department, for the best interests of the city and the department. - 4 - Indirect charges for engineering overhead will be assessed in accordance with Division of Highways' standard practices for any work done by State forces.. ARTICLE VIII.. VEHICULAR PARKING It is agreed that in accordance with the provisions of Section 22502 of the Vehicle Code, the City will permit parallel parking only, within the limits of each of the construction projects described in an approved budget" It is agreed that the provisions of the Vehicle Code permitting angle parking by ordinance are not applicable within the limits of the aforementioned work.. It is further agreed that if a currently effective ordinance permits angle park- ing within the limits of ~uch work, the ordinance shall be repealed and certified copies of this action shall be transmitted with the final report" ARTICLE IX.. FUNDS Funds to defray the cost of the work described in an approved budget will be paid quarterly as revenues for expenditure in citlesare received in the State Highway Fund. Payment of these funds to the City will be based upon an approved annual budget" Such payment to the City will be reduced by any amounts remaining unexpended in the CityVs Special Gas Tax Street Improvement Fund attributable to completed projects covered by these funds, or for work to be performed by the Department, or for contingency projects as shown on the approved budgeto The construction cost, including construction engineer- ing, of the traffic signals and safety lighting to be installed at an intersection of a select city street with a State highway will be financed jointly by the City and the Department in the same ratio as the number of intersecting roads under each jurisdiction bears to the total number of roads entering the intersectionoUnless otherwise agreed to in writing, the agency designated in the approved budget to prepare the plans, specifications and estimate will bear the entire cost of such preparation.. All revenue received from rentals or sales of real property or equipment purchased with gas tax funds, and all interest earned from investments of monies in the City's Special Gas Tax Street Improvement Fund shall be credited to the City's Special Gas Tax Street Improvement Fund 0 -5- The amount provided ror the projects listed in an approved budget must not be exceeded, and no monies may be expended by the city from the Special Gas Tax Street Improvement Fund except for the projects listed in the budget without submission and approval of a supplemental budget. All funds allocated under the provisions of Section 2107 of the Streets and Highways Code in excess of such funds budgeted for expenditure will accumulate tor future budgeting and expenditure. ARTICLE X. FINAL REPORTS Within ninety days after expiration of each fiscal year, the city shall submit to the department an annual report of all expenditures from the Special Gas Tax Street Improvement Fund for maintenance. Within the time speoified in Section 201 of the Streets and Highways Code, the city shall submit a final report ot expenditures made from the Special Gas Tax Street Improvement Fund for acquisition of rights of way or for construction. The department shall, within the time specified, submit a final report to the oity of expenditures made by the depart- ment in behalf of the .city. Annual reports of maintenance expenditures, and final reports of expenditures for rights of way and construction, shall be made on forms as specified by the department. ARTICLE XI. SUPPLEMENTS TO AGREEMENT Supplements to this agreement may be executed to provide for other matters not covered -herein. ARTICLE XII. CYI'HER STATE HIGHWAY FUNDS ALLOCATED TO CITIES It is agreed that this master agreement covers the budget- ing and expenditure of other funds for construction that may be transferred to and allocated from the State Highway Fund to cities, provided such f\mds are required by statutes to be expended in accordance with the provisions of Sections 194 to 202, inclusive, of the Streets and Highways Code. ' - 6 - IN WITNESS WHEREOF, the parties hereunto have affixed their signatures and orf1cial seals, the city on the 24th day of August , 19 64, and the department on the day of ---, 19 64. Approval recommended: CITY OF TIBURON B ~~ t,j District Engineer Gordon W. Strawbridge, Mayor /-)- ~ ~.' '~ La~P:S;~~{ Engineer of City and Cooperative Projects Approved as to form and procedure: STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS Attorney, Department of Public Works By Assistant State Highway Engineer EJ - 7 - ARTICLE VII. MISCELLANEOUS PROVISIONS No State officer or employee shall be liable for any- thing 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 any state officer or employee by reason of such work, indemnify and hold harmless such officer or employee from any damage or liability by reason of any such claim. IN WITNESS WHEREOF, the parties hereunto have affixed their signatures and official seals, the city on the 24th day of August , 19 64 , and the department on the day of , 19 64 . Approval recommended: CITY OF 'l'IBURON District Engineer By ~"",,- tJ . ~ Gordon W. Strawbridge. { (~J7~ Engineer of City and Cooperative Projects Approved as to form and procedure: STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS Attorney, Department of Public Works By Assistant State Highway Engineer EJ - 5 - All funds received by the City will be deposited in the Special Gas Tax Street Improvement Fund and no monies may be expended therefrom except as specified in the approved budget. Expenditures shall not exceed the amount budgeted. If additional funds are available for budgeting, a supplemental budget may be submitted for approval. All funds allocated under the provisions of Section 2107.5 of the Streets and Highways Code in excess of the funds budgeted for expenditure will accumulate for future budgeting and expenditure. ARTICLE V. FINAL REPORT Within 120 days after expenditure of funds budgeted or after completion of projects budgeted, the City shall submit to the Department a final report. The report shall show the work accomplished in such detail as required by the Department. Within 120 days after completion of any work by the Department, the Department will submit to the City a final report of expenditures made for such work. ARTICLE VI. This master agreement will remain in force until revoked by either the City or the Department. -4- ARTICLE III. DELEGATION OF WORK The city will perform the work as detailed on the approved budget unless otherwise specified thereon. ARTICLE IV. FUNDS Funds to defray the cost of the work described in the approved budget will be paid from revenue accruing under the provisions of Section 2107.5 of the streets and Highways Code, based upon the city's population. Payments to the city will be reduced by any amounts remaining unexpended in the cityrs Special Gas Tax street Improvement Fund attributable to completed projects covered by these funds, and by any amounts withheld for work to be performed by the department under the terms of the annual budget. - 3 - ARTICLE I. A budget proposal for the expenditure of funds to be allocated to the city pursuant to Section 2107.5 of the Streets and Highways Code shall be submitted annually by the city for approval by the department. Payment of these funds to the city by the department will be based upon such budget proposal as shall be approved by the department. ARTICLE II. Funds so budgeted by the city and approved by the department shall be expended exclusively for engineering costs and administrative expenses in respect to city streets. Such engineering costs and administrative expenses may include, but are not necessarily limited to, expenditures for the following items: Preliminary Engineering (Surveys, plans, specifications, estimates of cost, curb and gutter grade surveys) Construction Engineering Advance Planning ~aj Traffic Studies b Planning Surveys c Estimating cost of correcting deficiencies (Section 2156, Streets and Highways Code) ~dj Materials, Research and Testing e Street Circulation Plans f Other - such as street engineering studies required by the Legislature Miscellaneous (a) Attendance at meetings of Institute of Transportation and Traffic Engineering (Chapter 78, statutes of 1949) (b) Pro rata cost of surveying and mapping streets in connection with the preparation of city maps - 2 - ENGINEERING BUDGET AGREEMENT MEMORANDUM OF AGREEMENT entered into by and between the City of Tiburon , hereinafter referred to as the city, and the Department of Public Works of the state of California, hereinafter referred to as the department, WITNESSETH, THAT, WHEREAS, in accordance with the provi~ions of Section 2107.5 of the Streets and Highways Code, certain.sums shall be transferred to the State Highway Fund for expenditure exclusively for engineering costs and administrative expenses in respect -to city streets; and WHEREAS, in accordance with the requirements of Section 196 of the streets and Highways Code, the city has set up by Ordinance No. 15 a Special Gas Tax street Improvement Fund in which shall be deposited all amounts allocated pursuant to Sections 194 and 2107.5 and received by the city; and WHEREAS, in accordance with the provisions of streets and Highways Code Section 196, no such amounts shall be expended by the city from such fund except for items specified in a budget approved by the department; 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 agr-ee as follows: - 1 -