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1963-0624_CALIF DEPT OF PUBLIC WORKS_Master AgreementJUAN CAPISTRANO T94ik'TAINED BY CITY FOR ITS 40 USE MASTER AGREEMENT FOR THE BUDGETING' ANDS EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES r 0 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 San Juan Capistrano , 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 three-fifths of the money allocated under the provisions of Section 194 shall be expended for the construction of streets included in the system of major 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 No. 44 a Special Gas Tax Street Improvement Fund in which shall be deposited all amounts allocated pursuant to Section 194 and received by the city; and 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 - • 0 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 conjunction with the expenditure of state allocated funds, the project 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 - 0 0 this agreement and all work and expenditures of the allocated funds are to be made in accordance with the terms of the approved budgets, and of this agreement and any supplements thereof. ARTICLE II. DELEGATION OF EXPENDITURE The department hereby delegates to the city the expend- iture of funds.to defray the cost of 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 safe 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, resetting, and altering obstructing buildings, structures, utility Installations and other improvements; the payment of any and all damages to property arising by reason of the project ; court costs; and all other expense necessary or incidental to providing aright of way clear and free of all obstructions or encumbrances. The right of way will be acquired byseither 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 the city or the department as noted on the approved budget. - 3 - ARTICLE VI. CONSTRUCTION WORK BY CITY Construction shall be as defined in Section 29 of the Streets and Highways Code, as modified 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 of 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 - 0 0 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 such 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 approved budget will be paid quarterly as revenues for expenditure in cities are received in the State Highway an 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 city's 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 budget. The construction cost, including construction engineer- ing, of the traffic signals and safety lighting to be installed at an intersection of a major 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 intersection. Unless 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. - 5 - The amount provided for 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 for 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 specified in Section 201 of the Streets and Highways Code, the city shall submit a final report of 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 city 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. OTHER 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 funds 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 - 0 0 IN WITNESS WfflREOF, the parties hereunto have affixed, their signature nd official seals, the city on theday of 1963 , and the de,ppa on the Aay of 19. Approval recommended: District Engineer Engineer of City an Cooperative Projects Approved as to form and procedure: Attorney, Department or - Public Works M - 7 - CITY OF SAN JAUN CAPISTRANO STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS By Assistant State Highway Engineer