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1963-0624_CALIF DEPT OF PUBLIC WORKS_Engineering Budget Agreement TO BE RETAT40 CITY FOR ITS JUAN CAPISTRANO USE IE N G IL MASTER AGREEMENT FOR BUDGETING AND FOR THE EXPENDITURE OF THE ENGINEERING ALLOCATION FOR CITY STREETS UNDER SECTION 2107.5 OF THE STREETS AND HIGHWAYS CODE ENGINEERING BUDGET AGREEMENT MEMORANDUM OF AGREEMENT entered into by and between the City of San Juan Capistrano , 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 provisions 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 Ord. No. 44 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 agree as follows: - 1 - 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 a Traffic Studies b Planning Surveys c Estimating cost of correcting deficiencies (Section 2156, Streets and Highways Code) d) 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 - 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 city' s 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 - All funds received by the city will be deposited in the Special Gas Tax Street Improvement Fund and no moneys 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 sixty 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 sixty 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. 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 W OF, the parties hereunto have affix their signatures d official seals, the city on the o2 day of , 19 63 , and the department on the ay of , 1963 . Approval recommended: CITY OF SAN JUAN CAPISTRANO By �(i�( tAit�t JL' District Engineer Cwt Engineer of City and 4A , Cooperative Projects -Ot�/ STATE OF CALIFORNIA Approved as to form DEPARTMENT OF PUBLIC WORKS and procedure : DIVISION OF HIGHWAYS By Attorney, Department of Assistant State g way Public Works Engineer EJ - 5 -