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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 I 11 Wacility No. 1,0004); and I 121 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 11 1pll Wlllb-REAS, CITY has indicated inability to obtain approval of the combined pro- Ij 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. 20" 24 25 26 i1, 271 28 l 291/ 1. 2 3 J 5 6 7 8 10 11 12 13 14 1.5 16 17 1R i✓ 20 21 22 23 24 25 26 27 28 29 30 31 32 F.I. 1 Y 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 1 2 J 4 5 6 7 8 9 10 11 12 13' 14 15 16 17'' is 19 20 21 22 23 24 25 26 27 281 29f 30 31 32 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 -1- J 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 -3- 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 -4- 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�- -5-