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<br />AGREEMENT NO. C-5-2592 <br /> <br />C. COSTA MESA shall apply due diligence to manage and supervise the <br />2 LANDSCAPING PROJECT design efforts in order to minimize any and all "throw-away" costs <br /> <br />3 associated with the original landscaping improvements to be implemented at the said interchange as <br /> <br />4 part of the MOS-2 and 3 PROJECT. <br />5 ARTICLE 4. RESPONSIBILITIES OF SANTA ANA <br /> <br />6 SANTA ANA agrees to the following responsibilities for the LANDSCAPING PROJECT: <br /> <br />7 <br /> <br />A. <br /> <br />SANTA ANA shall take full responsibility of the LANDSCAPING PROJECT at SR- <br /> <br />8 55/MacArthur Boulevard Interchange. SANTA ANA shall oversee and perform complete project <br /> <br /> <br />9 management of the LANDSCAPING PROJECT at SR-55/MacArthur Boulevard, including but not <br /> <br />10 limited to all necessary staff services, design, construction, and construction management with no <br /> <br /> <br />II assistance from the AUTHORITY. It is SANTA ANA's responsibility to provide all necessary staff <br /> <br />12 and services for completion of the LANDSCAPING PROJECT at SR-55/MacArthur Boulevard <br /> <br />13 Interchange. <br /> <br />14 <br /> <br />B. <br /> <br />With the exception of plant establishment at completion of the LANDSCAPING <br /> <br />IS PROJECT, SANTA ANA shall perform all related work within eighteen months of execution of this <br />16 Agreement. Failure to meet this project duration may result in AUTHORITY withdrawing financing <br />17 for the PROJECT or reserving the right to withhold future SANTA ANA Measure M turnback funds <br />18 equal to city's share which is $805,800.00. <br /> <br />19 <br /> <br />C. <br /> <br />SANTA ANA shall apply due diligence to manage and supervise the LANDSCAPING <br /> <br />20 PROJECT design efforts in order to minimize any and all "throw-away" costs associated with the <br />21 original landscaping improvements to be implemented at the said interchange as part of the MOS-2 <br /> <br />2Z and 3 PROJECT. <br /> <br />23 ARTICLE 5. FUNDING AND INVOICING COSTA MESA <br /> <br />24 <br /> <br />A. <br /> <br />COSTA MESA shall submit an invoice to AUTHORITY for the not-to-exceed amount <br /> <br />25 of $537,200.00, no later than 30 calendar days after execution of this Agreement. <br /> <br />26 / <br /> <br />KPEREZ:CF <br />L:\CAMMICLERICAL\CLERICAL\WDRDPROCIAGREEIAG52592.DOC <br /> <br />Page 4 of 10 <br />