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