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Agreement No. D 12-025 <br />AGREEMENT <br />NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual covenants and <br />conditions contained herein and other consideration, the value and adequacy of which are hereby <br />acknowledged, the Parties agree as follows: <br />1. County and City Project Funding Obligations <br />County will be responsible for one hundred percent (100%) of the Project costs including <br />design, right-of-way, city-owned utility relocation, construction and construction administration. <br />County will not be responsible for costs related to review, inspection, oversight, or any other <br />Project-related administration duties performed by Cities, which shall be solely borne by the <br />Cities, respectively. <br />2. Right-of-Way Acquisition, Design & Construction <br />2.1 CEQA. County is hereby designated as the Lead Agency for Project and is <br />responsible for preparing, processing and securing all necessary environmental documents <br />required by CEQA, as amended. <br />2.2 Project En ineer. County is hereby designated as Project Engineer to perform all <br />tasks necessary to prepare construction plans, specifications and cost estimates in accordance <br />with criteria set forth in the current edition of the County of Orange Highway Design Manual, <br />County of Orange Standard Plans, Cities' Standard Plans, and to advertise, award and administer <br />the construction of Project and to execute and deliver all documents required in connection with <br />the construction of Project. County shall comply with all applicable provisions of the Public <br />Contract Code and other applicable laws. Furthermore, County shall coordinate with City when <br />dealing with the community to ensure that community concerns are addressed in a manner <br />acceptable to the Parties. <br />2.3 General Plan Conformance. Cities shall find and provide a statement that the <br />Project conforms to the City's General Plan. <br />2.4 County Highway Declaration. In accordance with Streets & Highways Code <br />sections 1700-1704, and prior to acquisition of right-of-way within the Cities, County shall pass <br />a resolution declaring the Cities' roadways within the Project to be a County highway for <br />purposes of Project right-of-way acquisition and construction only. Upon receipt of County's <br />resolution, Cities shall consent by resolution to said County highway status. Upon County filing <br />a notice of completion and Cities' acceptance of improvements, Cities' roadways shall no longer <br />be designated a County highway. County and its contractor, subcontractors and agents shall not <br />be required to obtain an encroachment permit from the Cities or other City permit or pay any <br />City fee for any purpose covered by this Agreement. <br />2.5 Right-of-Way Acquisition. County shall be responsible for identifying right-of- <br />way requirements within the Project limits, and shall also be responsible for any appraisals of <br />properties needed for Project and right-of-way acquisition within County and Cities. If it is <br />2 B-6