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HomeMy WebLinkAboutReso 1961-2589 , , . ,I II . 0:-, '. RESOLUTION NO. 2589 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING BUDGET AND APPROVING FIRST SUPPLEMENTAL . / MEMORANDUM OF AGREEMENT FOR EXPENDITURE OF GAS TAX ALLOCATION FOR MAJOR CITY STREETS. . f'lrst supp1ementsl , WHEREAS, ~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 Chula Vista for expenditure of the gas tax allocation to cities for the fiscal year 1960-61, 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 ,c~t! council or. the-_City of Chula Vlsts . , . thatsaid'proJect stateme~t,be and it is hereby adopted as the budget ,of proposed expend~tures 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 4th day of April , 1961' Cii?t~7IfL;J;; . ~ e ' 0 Chula Vlsts '," . ~ 1d/ City Cl~ ~e ~~:U1a Vista I hereby certif'y that the foregoing resolution was duly and regularly passed by the city council of the City of Chula Ylsts at a regular meeting thereof held April 4, , -1961 . Attest: ~~'~f~a'iM ~ler 0 he yo. ula Vista ":;!l~?:-J~.~"'"'_.~ . . ) -'<,.. PROJECT AGREEMENT - 1960-61 FISCAL YEAR FIRST SUPPLEMENTAL MEMORANDUM OF AGREEMENT entered into by and between the City of Chula Vista 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, a memorandum of agreement for expenditure of ~unds accruing during the fiscal year ending June 30, 1961 , and allocated under-the provisions of Section 194 and Section 2107 of the Streets and Highways Code upon major ci~ streets was executed by the city July '-2 , 1900, and by the department July 15, 19 60, providing for the wo..k described herein as project s 37 and 40 through 43; and, WHEREAS, the city now desires that said agreement be amended and has submitted to the department a supplemental budget to provide additional funds for work described herein as project 40; reduce funds for project 42; and cancel project 43, in Article I. NOW, THEREFORE, it is mutually agreed by and between the city and the department that said agreement be amended as follows: - 1 - (0 lPl -OJ 7) 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 III. RIGHT OF WAY The city will secure the right of way designated in project 42;. The cost provided for herein includes the cost of the acquisition of land and'interests therein; removing, demolishing, moving, resetting and altering obstructing buildings, structures 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 a right of way clear and free of all obstructions or'encumbrances. . - 3 - ARTICLE IV. SURVEYS AND PLANS The city will make the necessary surveys and plans for the work designated in Article I. ARTICLE v. 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 \'lOrk 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 depart- ment and shall be subject at all times to inspection and approval by the authorized representatives of the department. Any city-owned equipment use'd for> the construction work described in Article I may be charged for upon a rental basis to cover depreciation and repairs in case rental rate's already have been established by the city; othen~ise, allow- ance for depreciation and repairs may be charged for as approved by the department. ARTICLE VI. PARKING RESTRICTIONS It is agreed that the city will permit parallel parking only i~ithin the limits of the construction work described in Article I in accordance with Section 22502 of the Vehicle Code. It is agreed that the provisions of the Vehicle Code permitting angle parking by ordinance are not applicable within the limits of this work. It is further agreed' that 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. - 4 - ARTICLE VII. FuNDS Funds to defray the cos~ 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: Reduce project 32 (Right of Way) (City) unexpended. under project 33 ~City) Unexpended under project 34 City) Unexpended under project 38 State) Cancel project 39 (City) Accrued and unbudgeted to June' 30, 1960 Estimated to accrue during.thefiscal year ending June 30, 1961 .$ 10,000.00 10,302.63 7,456.12 1,664.23 2,864.00 6,446.82 126,810.00 $165,543.80 Total The amount of $ 165,543.80 is budgeted to defray the cost of the work described in Article I. The annual revenue and the amount provi4ed for the projects listed in Article I are estimated amounts. In the event that the actual revenue or the.actual cost of the projects differs from estimated amounts, the approved budget may be amended 'only by .supplementalagreement. 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 $ 134,921.05 from funds allocated under Section 2107 of the Streets and Highways Code. In addition, there is a sum of $ 30,622.75 available in . the city's Special Gas Tax Street Improvement Fund. From these funds the projects budgeted herein and delegated to the city will be financed. - 5 - 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 wi~~ accumulate for future budgeting and expenditure. ARTICLE VIII. 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, 19 61 , 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 repor.ts 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. _ h _ Where removing, restoring or altering improvements is not included in the payment for the land, the expendi- tures for such items shal~ 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 th~ 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. - 7 - ~ . ARTICLE IX. 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 dRmRge or liability by reason of any such dlaim. IN WITNESS WHEREOP. the parties hereunto have affixed their signatures and official seals. the city on the 4th day of , . / April /J .fi ~; tt19 61. and the department on the /SO(..day of ~-c..-- . 19 61. Approval recommended: CI'l'Y OP CHOLA VISTA D1.tr1ctl~~\l~ '\ ~:b 11f!.HJ;- Cooperative Projects ~~ytff},z; '--/ -' Mayor ,:1<(; ~ ",~,/M . City Clerk Approved as to form and procedure: STATE OP CALIFORNIA DEP ARTMENT OP PUBLIC WORKS DIVISION OP HIGHWAYS ~. ~ 'JI \,. "',~~... ... X-{JJ'- 'II .\ },,U kl))_ orney. Department 0 Public Works By G. Lanilo:S!l2r Assistant State Highway Engineer Ey rt:c. MA.~ - ~-+ll Offic8 E;l:2';......e~ EGZ - 8 -