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:
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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
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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.
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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
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