1976-0622_ORANGE COUNTY FLOOD CONTROL DISTRICT_Agreement Amdi.
Amended Agreement No. C996
.-Al'thNill D AGNFETIENT COPY NO. 2 - SECOND PARTY
THIS AGREVIENT, for purposes of idenLil W"tion hereby (18L.,Cl the
o 1976 is
LY AND ))ETWEEN
ORANGE, C(,LJNi:Y FLOOD CAMPO], D[S',_Mf'f
hereinafter referred to as "IATSTR16V
Atli)
ii
CITY OF SAN JEAN CAPISTRANO,
hereinafter referred to as "CITY''
_W -1 1 N E S _S h- T 11
WHEREAS, DISTRICT and CITY have entered into Agreement No. C996 dated Septem-
10 �ber 2, 1975, which provides for the cooperative financing of Alipaz Storm Drain
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11 Wacility No. 1,0004); and
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I WHEREAS, CITY in accordance with the terms of Agreement No. C996 has combinad
13 Ithe plans for Alipaz Storm Drain with the plans for the improvemcno of Alipaz Street
141Iunder tne Arterial Highway Financing Program (AHTF); and
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1pll Wlllb-REAS, CITY has indicated inability to obtain approval of the combined pro-
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101ject prior to the imposed deadline date of June 30, 1976 as required by Agreement
17i We. C996.
NOW, THEREFORE, IT IS AGREED by and beLween the parties haren as foilcus:
3- The te7olaicio" done of Agr,envnu No, 0996 shall )a amenind from June 30,
20 1976 to January 30, 1977,
211 2. All terms and conditions of Agreement No. C996 shall remain enforce wit:;
22 the exception of the termination date as amended in Item 1 above.
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IN WITNESS hdIERGOF, the parties hereto have executed this agreement on the
dates sct forth opposite their respective signatures.
ORANGE COUNTY FLOOD CONTROL DISTRICT
Date: L �� /�� — By
Ch—
airman of its Board of Supervisors
Date:
Date: June 2, 1976
Date:
2, 1976
APPROVED AS TO FORK:
ADRIAN KUYPER
COUNTY COU,V'SEL
COUNTY OF ORIliNCE
J
B r.
Deputy
ATTEST:
W. E. ST JOHN, County Clerk and ex -officio
Cleric oL the Board o= Supervisors
By'(.(�✓l—°� - -- -----------
Deputy
CITY OFF SANJUANCAPISTRANO
By--a/�--a - -
ATTEST:
By),� P
C' y Clerk
APPROVED AS TO FORM:
Ci y Attorney, CiCy of San .t an Capistrano
l./
RECOMMENDED FOR APPROVAL:
H. G. Osborne, Director
Orange County Environmental Management Agency
By
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a
COUNTY OF ORANGE
ARTERIAL H1GI-RJAY FINANCING PROGRAM
PROTECT ADMINISTRATION AGREEMENT
PROTECT a 674, Alipaz Street MEMORANDUM OF AGR= entered into this
between Camino del Gzq, da- of 19_�
Avion and 1800 feet by and between: j
northerly of Camino
del Avion CITY OF San Juan Capistrano
a municipal corporation, hereinafter referred
to as the City, and
COUNTY OF ORANGE, a political subdivision of
the State of California, hereinafter referred
to as the County.
WI2mM-SETH:
WHEREAS, the Board of Supervisors by Resolution of May 31, 1956 adopted the
Master Plan of Arterial Highways to serve the entire County including the incorporated
cities thereof, and
WHEREAS, Article 2 and 3 of Chapter 9, Division 2, commencing with Section_
1680 of the Streets and Highways Code authorize a county, if it so desires, to expend
funds apportioned to it out of the California Highway Users Tax Fund for aid to cities
and in the improvement, construction, or repair of streets within a city, and
WHEREAS, the Orange County Board of Supervisors and the Orange County
Division of the League of California Cities have agreed upon a cooperative financial
program for the establishment, construction, and maintenance of a County Arterial
Highway System known as the Arterial Highway Financing Program, and
WHEREAS, the Board of Supervisors has, by appropriate action, provided in
the budget of the Special Road Improvement Fund for the Fiscal Year 1973-74
funds for the improvement of streets within the incorporated cities of the County,
which streets are a part of the County's Master Plan of Arterial Highways, and
WHEREAS, the Board of Supervisors on November 5, 1958 has by formal
resolution adopted the formai procedure for the administration of the Arterial
Highway Financing Program, as revised, which procedure is outlined in a document on
file with the County Clerk, formally known as the County of Orange Arterial Highway
Financing Program Procedure Manual, and
WHEREAS, it is mutually agreed between the parties that Alinaz. Street
between Camino del Avion and 1800 feet northerly of Camino del Avion
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a street included in the Orange County Master Plan of Arterial Highways, is a street
of general County interest and should be improved in accordance with the policies
of the Arterial Highway Financing Program. Said work of such improvement shall be
referred to hereinafter as the Project.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
1. The procedures outlined in the Arterial Highway Financing Program
Procedure Manual herein referred to shall be made a part of this
agreement.
2. The Contracting Authority for the Project is hereby designated as
the City '
3. The Project Engineer for the Project is hereby designated as
J
the City
4. The Construction Engineer for the Project is hereby designated as
the City
5. All soils engineering and material and construction testing necessary
for the Project shall be performed by the County. This shall include
preliminary soils investigations, structure foundation investigations,
recommendations for structural sections and compaction requirements,
and quality control of materials and construction.
6. The work shall be subject at all times to inspection by the authorized
representatives of both parties.
7. Funds to be used for the Project:
(a) The estimated cost of the Project covered by this agreement is:
DESIGN ENGINEERING: $ 50,000
RIGHT OF WAY ACQUISITION: 69,000
CONSTRUCTION CONTRACT: 4001000
CONSTRUCTION ENGINEERING: 14,000
TOTAL: $533,000
(b) On the basis of the above estimate, this Project will be financed
as follows:
_2_.
COUNTY FUNDS: $d75,000
CITY FUIVDS: 175,000
*CITY FUNDS: 153,000
TOTAL:
$533,000
* See paragraph 7(e) regarding storn drain participation.
(c) If upon completion of detailed design, it appears that the project
estimate will exceed the original allocation by more than 15%,
the Contracting Authority shall request the City Council and Board
of Supervisors for additional funds. The City Council and the
Board of Supervisors shall adopt resolutions allocating the
additional funds prior to advertising for bids. The request for
additional allocations shall follow the procedures as set forth
in the AHFP Procedure Manual.
(d) Final adjustments of Project costs will be made on the basis
of the County -50 percent, the City 50 percent on eligible
items in the Contract.
(e) Final adjustments of project storm drain costs will be made on
the basis of matching funds up to a maximum of fifty percent
(50%) of the total cost of eligible items; that is, County
participation shall not exceed a maximum of twenty -.five percent
(25%) of the total cost of eligible storm drain construction.
(f) It is the intent of the parties hereto to comply with all
applicable rules regarding the expenditure of State Gas Tax
Funds. Eligibility of any storm drain item will be subject to
final audit and determination by the State Controller's Office.
Any future adjustment required by said Controller's Office shall
be made by the City with City funds, including complete refund
to the County of any County gas tax Hinds declared by the
Controller to have been expended on ineligible construction.
(g) Any funds spent prior to March 1, 1973 shall
not be considered in the final accounting of this Project.
8. After completion of construction, the party having responsibility for
maintenance of the Project shall maintain the roadway structures
and facilities in the safe and usable condition to which they have
been improved or constructed under this Project.
9. County -wide extension of Arterial System:
To promote uniformity of County Arterial Highway System with City
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Master Plan of Major Streets, both parties agree to continue the
promulgation of the AHFP as outlined in the aforementioned Procedure
Manual.
IT IS MUTUALLY UNDERSTOOD Aim AGREED:
1.. That neither County nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything
done or omitted to be done by City under or in connection with any .aork,
authority or jurisdiction delegated to City under this agreement. It
is also understood and agreed that, pursuant to Government Code Section
895.4, City shall. fully indemnify, defend and. hold County harmless from
any liability imposed for injury (as defined by Government Code Section
810.8), occurring by reason of anything done or omitted to be done by
City under or in connection with any work, authority or jurisdiction
delegated to City under this agreement.
2. That neither City nor any officer or employee thereof shall be respor.--
sible for any damage or liability occurring by reason of anything done
or omitted to be done by County under or in connection with any work,
authority or jurisdiction not delegated to City under this agreement.
It is also understood and agreed that, pursuant to Government Code
Section 895.4, County shall fully indemnify, defend and hold City
harmless from any liability imposed for injury (as defined by Government
Code Section 810.8), occurring by reason of anything done or omitted to
be done by County under or in connection with any work, authority or
jurisdiction not delegated to City under this agreement.
IN WITNESS WHEREOF, City has caused this agreement to be executed by its
Mayor and attested by its Clerk, and County has caused this agreement to be executed
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by the Chairman of its Board of Supervisors and attested by its Clerk on the dates
written opposite their signatures, all thereinto duly authorized by the City Council
and the Board of Supervisors, respectively.
CITY OF SAN JUAN CAPISTRANO
a municipal corporation -
Dated: June 2 ,, 19 76 By
jwMayor
.ATTEST: APPROVED AS TO FORM:
y n- __ �C!
Clerk of j oun.cal r'• City Attorney
bd' '
Dated: JUN ^9 1976 , 19
ATTEST:
W. E. ST JOHN
County Cleric and ex -officio
Clerk of the Board of Supervisors
By(JU-,m p ) jz���;
Certification of Compliance
With Ordinance 2717
(EXEMPT)
C. R. NELSON
Assistant Director/Development
Environmental Management Agency
COUNTY OF ORANGr,, a political su ivision
of the State of California
By Lc� v �- C( ,
Chairma4h, Board of Supervisors
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By�-
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