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HomeMy WebLinkAboutReso 1952-1336 RESOLUTION NO`. 1336 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF USIA VISTA 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 accord- ance with a project statement submitted by the City of Chula Vista for expenditure of the gas tax al- location to cities for the fiscal year 1953 , and WHEREAS, the city council has heard read said Agree- ment in full and is familiar with the contents thereof; THEREFORE, be it resolved by the city council of the City of Chi Vista that said project statement be and it is hereby adopted as the budget of proposed ex- penditures 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 30th day. of June , 1952. 41PLAO it .. Mayor of the City of +F : ' -z Attest: I,i.',1/ _/,/ -.-- City erk of the City of Chula ViAti I hereby certify that the foregoing. eso f `s' duly and regularly passed by the city counci ,of ,the Citex, • of Chula Vista at a regular meOtinOtheveof, hel' . June 30, , 19 2. ��, 4 • Clerk of the City of Chula Viiia ' MC-10 State of California Department of Public Works DIVISION OF HIGHWAYS DISTRICT XI 1365 Harbor Street San Diego 1, California Please refer to June 30, 1952 File No XI-SD-ChV Major City St. Fund Herbert V . Bryant Administrative Officer City of Chula Vista Chula Vista, California Attached are triplicate copies of Memorandum of Agree- . ment providing for expenditure of gaa tax alloca';ion for Major City Streets for the 1953 . fiscal year, in the City of Chula Vista 4 These dodtiments shou ,d be presented to the Council at its next meeting for approval by resolution in the customary manner. When this is done the agreements should be executed by . the designated City officers and the. original and duplicate re- . turned, together with two certified copies of the Council' s Resolution. of Approval. • The attention of the City Council and the City Engineer is directed to the fact that Further authorization ls required before the City can begin on any project which is indicated as construction. Section 199 of the Streets and Highways Code reads as follows: • • --2-- nbefore expending an-o/ Iu'ids for construction, or improvement of any st_•ec-t except for preliminary engineering, the c`!;;y shall furna sh to the department for approval such surveys, plans specifications, and estimates of cost therefor as the department may regi i.re, When the department has approved the plans; specif icaticn . and estimates, the city may proceed to advertise for ':yids, The written consent of the department must be secured be- fore any contract may be awarded for an amount in excess • of the estimates of cost, or to other than the low bidder on the grounds that the low bidder is not responsible, or before the work may be done by day' s labor; nThe written consent of the department must likewise be obtained before the amount of any item specified in the budget for maintenance or acquisition of real property is exceeded. n Ycu will note that this recuire9 tte Department' s ap— • pro,*a1 of plans, specifications and estimates of cost before the City can expend any funds for a construction project . The ap- p.roval by City Council resolution of the attached. Memorandum of Agreement does not. constitute authority to proceed with the work. Sufficient data must be submitted through this office to satisfy . a the requirements of Section 1.99 of the Streets and Highways Code • before approval can he recommended. The amount of ae',;ail require., to secure authority to proceed depends on the type and magnitude of the pr:;ject, As to the past, I will be to asai.Lt in clearing the necessary authority for. tha City by working with your Engineer, Manager or Street Superintendent . or whatever City official is • responsible for the proposed improvementt. In the case of contract work, it is necessary that the plans, specifications and contract proposal be furnished. this office and that formal approval be granted, in writing, before the City may advertise for bids. _3- Also, the City Council is not empowered to make award to any bidder if the bid exceeds the amount of the Engineer' s estimate, unless we are first furnished with an explanation as to the reasons for recommending • id, award ail a-Dproval for the award is formally granted; in wfi:jng, T.c the City, In the case of work which is classified as maintenance, when the Memorandum of Agreement .has been approved by resolution of the City Council and executed by the Mayor -and the City Clerk, the City may proceed to expend the said funds for maintenance without further authority. The same applies to money which is set up for Surveys and Plans; namely, that the City may proceed with this work when • the Memorandum of Agreement has been formally approved by the City Council, It is very important that no funds be expended prior to the aforesaid formal approval by this Department for construction work, whether day labor or contract, as we cannot recommend ap- proval of such expenditure after the work has been done and in no case is any retroactive approval granted- If there are any questions at any time relative to the application of the Statutes and regulations governing the expendi— tt'.r. e of gas tax allocation to the* Cities; I will be glad to supply the necessary information. Yours very truly, E. E0 WALLACE • B.LB:hp District Engineer Attachment . C C:RL:d By i/Q R . L. BEUTHEL District Office Engineer • • • PROJECT AGREEMENT - 150 FISCAL YEAR MEMORANDUM OF AGREEMENT entered into by and between the Olty of 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, 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 ex- penditure in cities in the proportion that the total popu- lation 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 main- tenance of .the system of major city streets and of the sec- ondary 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 Sec- tion 196 of the Streets and Highways Code , the city has set up by Ordinance No. 2448 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- . C7 le tr et t• 0 al mk+diet - 00 N crF 0 00 p CI et 10.00 Pet173 cal x� tp t3ep el:- to e et tr Pi rot 4411 tr e t no el ' fF le Co log 0 tri tst id# Lei +I 0 . PI orra PO ¢0 C"b A 0 0 l+est m p.la` Oa 0 R 0 'd M► 0 a - d 0 . 4 0 o 0 n o !'/ D 0 }' *• t" 0 Mr • P 0 Pe fio 4- • • ARTICLE Al. SURVEYS AND PLANS • The city will make the necessary AUrAye and plans for the work designated -as project 19 and will defray • the coat spa the gas tax allocatiOn for ra, or ,city etreeta.. • • • • ARTICLE III. 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 project 19. 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 approv- ed 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 ren- tal 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 XV, 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 ; Unexpended under project 9 (city) a 20019.59 Unexpended under project 18 city) 98.08 Unexpended under pro eet 37 stagy) 40349 Unexpended under project 20 0tt7) x,,869.00 Accrued and uubudgeted to June 30, 1952' W.57 Estimated ted to accrue Virg fiscal year - ending June 300 1953 .A.7.40.411 Total. 8 53.877.03 The amount of ' 52,203.24 is budgeted to defray the cost of the work described in Article I. The annual revenue and the amount provided for the project listed in Article I are estimated amounts. In the event that the actual revenue or the actual cost of the project 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, in the months of August, November, Febru- ary and May, the department will pay to the city its pro rata share of the money allocated under the provisions of Section 2107 of the Streets and Highways Code until 48021647 budgeted herein and delegated to the city for expenditure has been paid, in addition to the amount of `.;;. 50986.67 previously paid to the city and remaining unexpended in the city' s special gas tax street improvement fund. • The amount provided for the project listed in Arti- e. cle 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 project listed in Article I without amending the budget by supplemental agreement. Such sup- plemental 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. ARTICLE V. 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 sixty days after the close of the fiscal year ending June 30, 1953, the city shall submit to the depart- ment 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 funs tions and objects as follows: Functions: (1) Travelled way, including roadside and improved shoulders . (2) Structures . (3 ) Safety devices, including stop signs, automatic signals, traffic stripes and parking stripes . (4) Street cleaning, including the removal of snow or sand drift . • Objects: (1) Operating expense . (3) Salaries and wages. ( 4) Equipment . • • u5� 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 depart- - ment 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: (1) Value of land taken. (2) Severance damages less benefits. (3) Moving improvements . (4) 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 expendi- tures such as title reports , agent' s expense account, auto- mobile operation, etc.; these expenditures being analyzed by the four objects: (1) Salaries and wages. ( 2) Materials and supplies. (3) Service and expense. (4) Equipment rental. PRELIMINARY ENGINEERING: The report shall show the work accomplished and shall be analyzed by the four ob- jects : (1) Salaries and wages . ( 2) Materials and supplies . (3) Service and expense. (4) Equipment rental. 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 MISCELLANEOUS PROVISIONS No State officer or employee shall be liable for any- thing done or omitted to be done by the city in the per- formance 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 h_ day of June , l9r , and_the department on _ the day of �_ , �9;�?.• Approva e ommended: CITY OF CHU1 VISTA # By_ 4/ :A.-, / Dis rict Engineer Ma or Engineer of City and City erk Cooperative Projects • STATE OF CALIFORNIA Approved as to form DEPARTMENT OF PUBLIC WORKS and procedure: DIVISION OF HIGHWAYS rn By _ Attoey, Department of Assistant State Highway Public Works Engineer EP —7.