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HomeMy WebLinkAboutContracts & Agreements_30-1959 PROJECT AGREEMENT -,150FISCAL YEAR MEMORANDUM OF AGREEMENT entered into by and between the City of d , hereinafter referred to as the c y, 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, a Special Gas Tax Street Improvement Puna ;hich 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: ml- I L. ? O.1 :S i The projects and the eats expenditure therefor as lists hhere- - -'ter eon t t the heretofore submitted by city thigh ha.s bye:gl. and is herebyfr *roved by € e . '; tt Major City Pro 'ect Location .se tips St t c da Cl. . • a 104 Major city stmota Maintenance July 1, 1959 $ $ secondary city stets to June / I29,216.00 105 BrooksideAvenue at Traffic • final /04000.00 C ..ter Street 106 Fifth Street from Vine 0.05 ? pave and ety Sty t to Citrae Avenue lighting 5,100.00 107 trek. Street from Brook- 0.24 Grade, pave _ J safety to side e vo Olive 1 ting ,0 d00 64. itt .00 $ Avenue loa Cajon Street at 0 e 0.02 Beale and reconstruct Street curb 1 ...__ . .. __ _ Total $` 3 3i . .64 , .00 ARTICLE II, 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 provision shall be made for constantly making needed repairs to preserve a smooth surface. Any city-owned equipment used for the maintenance work may be charged for upon a rental basis to cover depreciation and repairs in 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 In. SURVEYS AND PLANS The city will make the necessary surveys and plans for the work designated in Article I ARTICTR . 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 Article I. 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 department and shall be subject at all times to inspection and approval by the authorized representatives of the department. 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 in 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 PARKING RESTRICTIONS The city will permit parallel parking only within the limits of the construction work described in Article I. The provisions of the Vehicle Code permitting angle parking by ordinance are not applicable within the limits of this work. If an ordinance exists permitting angle parking within the limits of this work this ordinance shall be repealed and certified copies of this action shall be transmitted with the final report. ARTICLE FUNDS Vic 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 . Accruedand unbudgetedto _: 1959 $ 80308.36 t ; ,t d the fiscal year enddng June 300 1960 TotalI,. . . 6 The amount of $ is budgeted to defray the cost of the work APin Article I 2 and in addition, the .Y:ount of $6,0g00.00to nt . ut The annual revenue and the amount provided for the project listed in Article I are estimated amounts In the everi that the actual revenue or the actual cost of the project differs from estimated amounts, the approved budget may A amended only by supplemental agreement The department hereby delegates to the city the expend- iture 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 $ from funds allocated under Section 2107 of t110-ov-4---4, and Highways Code. In addition, there is a sum of $ available in the city' s Special Gas Tax Stree .rovement Fund. From these funds the projects budgeted herein and delegated to the city will be financed. 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 projects 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. ARTICLEY, FINAL REPORTS 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 ninety days after the close of the fiscal year ending June 30, 1960 , the city shall submit on forms furnished by 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. 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. If excess land is acquired, the proposed disposition thereof shall be shown. 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, automobile operation, etc PRELIMINARY ENGINEERING: The report shall show the work accomplished and the cost thereof. 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. ARTICLE VIIZ, 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 WHEREOF, the parties hereunto have affixed their signatures and official seals, the city on the day of d , 195J , and the department on the ay of , 195 Approval recommended: CITY OF REDLANDS District Engineer or Engineer of- City and city Clerk Cooperative Projects STATE OF CALIFORNIA Approved as to form DEPARTMENT OF PUBLIC WORKS and procedure: DIVISION OF HIGHWAYS By Attorney, Department of - Assistant State Highway Public Works Engineer rJG3 ur f RESOLUTION NO. t1`O RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ADOPTING BUDGET AND APPROVING MEMORANDUM OF AGREEMENT FOR EXPENDITURE OF GAS TAX ALLOCATION FOR MAJOR CITY STREETS. WHEREAS, a memorandum of agreement has been presented to be entered into with the State of California in accordance with a project statement submitted by the City of Redlands for expenditure of the gas tax allocation to cities for the fiscal year ,959.60, and WHEREAS, the city council has heard read said agreement in full and is familiar with the contents thereof; THEREFORE, be it resolved by the city council of the City of Redlands that said project statement be and it is hereby adopted as the budget of proposed expenditures of the gas tax allocation to cities, and said agreement be and the same is hereby approved and the mayor and the city clerk are directed to sign the same on behalf of said City, said agreement to be binding upon the City upon its execution by the authorized officials of the State. ADOPTED this day of 'u- , 19 _.:7;; or o4:4)ViLds Attest: , cQ_,---- , City Clerk of the City Of Redlands I hereby certify that the foregoing resolution was duly and regularly passed by the city council of the City of Redi s at a regular meeting thereof held y, -1` ,J7 59 . ---._, q - L.A_ 6----Q-L-- \ Clerk of the City of o andii