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Home My WebLink AboutContracts & Agreements_29-1959PROJECT AGREEMENT ® 1959 FISCAL YEAR MEMORANDUM OF AGREEMENT entered into by and between the City of R.. , 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 194 and Section 2107 of the Streets and Highways Code, a sum equal to five -eighths of one cent per gallon tax under the Motor Vehicle Fuel License Tax Law shall be transferred to the State Highway Fund for expenditure in cities in the proportion that the total population of each city bears to the total population of all cities in this State; and WHEREAS, Section 195 of the Streets and Highways Code provides that two -fifths of the money allocated under the provisions of Section 194 shall be expended for the maintenance of the system of major city streets and of the secondary city streets within such city; provided that, with the approval of the department, a portion of such money so allocated for maintenance may be expended for construction of streets included within the system of major city streets within such city; and WHEREAS, in accordance with the requirements of Section 196 of the Streets and Highways Code, the city has set up by Ordinance No. 784 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 follows: -1- ARTICLE 1. PIDUC01"T's The projects and the estimated expenditure thervtor as 21sted bure1nafter constitute the b%dl- wl.t bervtol'oro =Uutts'j 17Y wao at"y Wah bas boom, and lo harablo app QJ by tho department'l 94 San Mateo street tram t,"";Q> 'tn On'17 0100 AVOMUS to 100 feet, 0outh Of Avoil-4,10 and frottz c3qproas �"-""Veaw to Fa2m A` um 100 maj,"Ov City Street's Zvi hIsAnamee July 1, 1158 te'� 0400ndary Oty Streets Kno lot 1901-5119 101 San Natoo Street trom IDO 541tkon,,, ,;radot =- ;,ava Nat S=Oth Ot 'Fer Avanua WantrUALOMM to Ggyrazz AyfummUlp" AnAruction LaYnearla ar'Lr 202 Vourth ztweot from , IV's 0 . L"a 'vdo' Paw curbs stroat to cltvua 30'rest and inster" Gwmtractlaa AnKruetion Lnglmoerlm'; 103 Zan matwo, strec"t frw"'z 0.15 wideas nodav rava Mae, MUSK Avamae to ahezt� Inst4l draxnago structaliry rtlat Avenue i;JLtQ Genstruotion WgIneering city 3OW0,00 15 'go. VOND, 22,500. 0110 2 75. 010 11000000 Total 05.300-00 Qqa5wo ARTICLE !L MAINTENANCE The streets will be maintained by or under the direct supervision of the city. Maintenance shall be as defined in Section 27 of the Streets and Highways Code which is not in conflict with 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, and pro- vision shall be made for constantly making needed repairs to preserve s smooth surface. Any city -owned equipment work may be charged for upon a preciation and repairs in case been established by the city; preciation and repairs may be the department. ARTICLE used for the maintenance rental basis to cover de - rental rates already have otherwise, allowance for de - charged for as approved by SURVEYS AND PLANS �.An 11, and IV s ddelm,ated In yviaJoats 1010And 10* ARTICLE 14 CONSTRUCTION The city will construct or cause to be constructed by or under its direct supervision, and in accordance with the approved plans, specifications and estimates therefor, the improvements described in projects 104 1110241 and 1034 Plans, specifications and a detailed estimate of cost shall be submitted to the department for approval before the work is advertised for bids or in case of work approved to be done by day labor before work is started; and no changes may be made in the approved plans or specifications without the prior approval of the department. The construction work described in Article I shall be performed by contract unless the performance thereof by day labor shall be approved by the department. The work shall be done to the satisfaction of the de- partment and shall be subject at all times to inspection and approval by the authorized representatives of the de- partment. Any city -owned equipment used for the construction work described in Article I may be charged for upon a rental basis to cover depreciation and repairs ;n case rental rates already have been established by the city, otherwise, allowance for depreciation and repairs may be charged for as approved by the department. ARTICLE FUNDS Funds to defray the cost of the work described in Article I and payable from revenue accruing under the provisions of Section 2107 of the Streets and Highways Code are available as follows; far,,�:a v r. ' � � to �', . � � � I h 6 6,� 5 The amount of 310 is budgeted to defray the cost of the work described in, Article I tro pumaduo s r�..� z�.. .; .�. `a axn` a . 3. = 3 mi.- on zlimeato and (° The annual revenue and the amount provided for the projec listed in Article I are estimated amounts. In the event that the actual, revenue or the actual cost of the projecto differs from estimated amounts, the approved budget may be amended only by supplemental agreement. The department hereby delegates to the city the expenditure of the funds provided herein to defray the cost of the work described in Article I. Quarterly, as funds become available, the department will pay to the city h �, � from funds allocated under Section 2107 of fie treets and Highways Code. In addition, there is a sum of $C164, E available in the city's Special Etas Tax Street Improvement Fund. From these funds the projects budgeted herein and delegated to the city will be financed. Within sixty days after completion of any item of the budget for surveys and plans, acquisition of right of way or construction, the city will submit to the department a final report of expenditures made for such work. The reports shall be in the following form: RIGHT OF WAY: Expenditures shall be segregated by parcels and payment for each parcel analyzed as follows: Value of land taken. Severance damages less benefits. Moving improvements. Damages by change of grade, etc. Where removing, restoring or altering improvements is not included in the payment for the land, the expendi- tures for such items shall be reported for each parcel or ownership. The report shall also show expenditures for salary of right of way agent and miscellaneous expenditures such as title reports, agents expense account, automobile operation, etc.; these expenditures being analyzed by the three objects: Operating expense. Salaries and wages. Equipment. PRELIMINARZ ENGINEERING: The report shall show the work accomplished and shall be analyzed by the three objects: Operating expense. Salaries and wages. Equipment. CONSTRUCTION: The report shall show payments to the contractor detailed by contract items showing quantity, unit, item, unit price and amount; and the amount paid for any materials, supplies, labor or equipment furnished by the city for use on the contract. Expenditures for work performed by day labor shall be detailed to show the quantity for each item of work, the unit cost and amount. P All revenue received from rentals or sales of real property purchased with gas tax funds for right of way purposes, and all interest earned on gas tax funds in possession of the city shall be credited to the Special Gas Tax Street Improvement Fund. The amount provided for the project listed in Article I must not be exceeded, and no moneys may be expended by the city from the Special Gas Tax Street Improvement Fund except for the projects listed in Article I without amending the budget by supplemental agreement. Such supplemental agreement shall be valid only when executed by the city and the department. All funds allocated under the provisions of Section 2107 of the Streets and Highways Code in excess of such funds budgeted herein for expenditure will accumulate for future budgeting and expenditure. The city will submit such reports as required by law In such detail as required by the department. The reports shall show in full all expenditures from all other funds as well as expenditures from the Special Gas Tax Street Improvement Fund. Within sixty days after the close of the fiscal year ending June 30, 19 , the city shall submit to the department a statement of expenditures made from the Special Gas Tax Street Improvement Fund during the preceding year for the maintenance of the streets described in Article I. Maintenance expenditures shall be analyzed by functions and objects as follows: Functions: Travelled way.. including roadside and the removal Objects: Operating expense. Salaries and wages. Equipment. ARTICLE 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 dlaim. IN WITNESS WHEREOF, the parties hereunto have affixed their signatures and official Beals, the city on the i;2J day of ,., ,� _,� , 19, , , and the department on the day of , 19: Approval recommended: CITY OF :jam= BY District Engineer Engineer of City an Cooperative Projects Approved as to form and procedure: City C 0, k STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS By orney, Department of AssIsEantSEate 'Higl way Public Works Engineer EGBIP1