ORANGE, COUNTY OF (23) - 2012 - Laserfiche WebLink

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Agreement No. D12 -025 AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual covenants and conditions contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows; 1. County and Citeses iect Funding Obligations County will be responsible for one hundred percent (100 %) of the Project costs including design, right -of -way, city-owned utility relocation, construction and construction administration. County will not be responsible for costs related to review, inspection, oversight, or any other Project- related administration duties performed by Cities, which shall be solely borne by the Cities, respectively. 2. Right-of-Way Acquisition, Design & Construction 2.1 CEQA. County is hereby designated as the Lead Agency for Project and is responsible for preparing, processing and securing all necessary environmental documents required by CEQA, as amended. 2.2 Pro-ject Engineer. County is hereby designated as Project Engineer to perform all tasks necessary to prepare construction plans, specifications and cost estimates in accordance with criteria set forth in the current edition of the County of Orange Highway Design Manual, County of Orange Standard Plans, Cities' Standard Plans, and to advertise, award and administer the construction of Project and to execute and deliver all documents required in connection with the construction of Project. County shall comply with all applicable provisions of the Public Contract Code and other applicable laws. Furthermore, County shall coordinate with City when dealing with the community to ensure that community concerns are addressed in a manner acceptable to the Parties. 2.3 General Plan Conformance. Cities shall find and provide a statement that the Project conforms to the City's General Plan. 2.4 Countv Highway Declaration. In accordance with Streets & Highways Code sections 1700 -1704, and prior to acquisition of right -of -way within the Cities, County shall pass a resolution declaring the Cities' roadways within the Project to be a County highway for purposes of Project right -of -way acquisition and construction only. Upon receipt of County's resolution, Cities shall consent by resolution to said County highway status. Upon County filing a notice of completion and Cities' acceptance of improvements, Cities' roadways shall no Ionger be designated a County highway. County and its contractor, subcontractors and agents shall not be required to obtain an encroachment permit from the Cities or other City permit or pay any City fee for any purpose covered by this Agreement. 2.5 Right -of -Way Acquisition. County shall be responsible for identifying right -of- way requirements within the Project limits, and shall also be responsible for any appraisals of properties needed for Project and right -of -way acquisition within County and Cities. If it is Page 2 of 8