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1f :At. G R E N S IN T
2 THIS AGREEMENT, for purposes of identification, hereby dated
3 the day of-
19 %S is
BY AND BETWEEN
ORANGE COUNTY FLOOD CONTROL DISTRICT
i
hereinafter referred to as "DISTRICT",
and
and
COUNTY OF ORANGE, hereinafter referred
to as ,coUINTY" ,
CITY OF SANTA ANA, hereinafter referred
to as "CITY",
W I T N E S S E T H
WHEREAS, COUNTY by Agreement of April 9, 1974 agreed to snare
its revenue sharing funds with CITY for development of a bicycle
trail crossing (hereinafter called trail crossing) of DISTRICT's
Santa Ana River between Edna and Alona Parks; and
WHEREAS, COUNTY desires to extend its bicycle trail
(hereinafter called trail extension) to join CITY's crossing
thereby incorporating CITY's crossing in COUNTY°s Santa Ana
River bicycle trail; and r
WHEREAS, trail crossing and trail extension will be an
implementation of the Santa Ana River Trail; and
WHEREAS, COUNTY's Santa Ana River bicycle trail is situated
on DISTRICT property and is operated and maintained by DISTRICT
for COUNTY.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
as follows:
1. CITY shall prepare contract plans and specifications
for CITY's trail crossingand CO r
U2NT�I° s trail extension (from
the 17th Street bridge upstream on the easterly river levee
approximately 800 feet to CITY's trail crossing of the Santa Ana
River between Alona Park and Edna Park) including a connection
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OR
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to the existing trail on the westerly side of the river.
2. The contract plans, specifications for the trail
.crossing and trail extension shall be included in one contract,
and the design shall be in accordance with DISTRICT standards.
CITY shall refer the plans and specifications to DISTRICT's
Chief.Er_gineer for approval.
3. CITY, upon approval of the plans and specifications
by DISTRICT:'s Chief Engineer, shall promptly undertake and
perform all work of advertising for bids and awarding the
contract under applicable provisions of the law governing such
award,
4. CITY shall be the "Lead Agency" within the context of
the Environmental Quality Tact of 1970 as amended, and CITY shall
be responsible for complying with environmental requirements and
filing required notices prior to proceeding pursuant to paragraph
3 above.
5. CITY shall furnish a Resident Engineer during con-
struction, who shall be responsible for contract administration
and securing completion of the work in accordance with the
approved plans and specifications. DISTRICT may furnish an
inspector to consult with CITY's Engineer on work along the
bicycle trail,
6.- CITY shall promptly notify DISTRICT upon award of a
contract and shall furnish DISTRICT with a construction schedule
and keep DISTRICT informed of any revisions in the construction
schedule.
7. The costs of development, installation and grading of
CITY ten -foot (10') by seven hundred fifty -foot (7501) asphalt
bike trail for trail crossing shall be equally divided between
CITY and COUNTY but COUNTY's cost shall not exceed fifteen
thousand dollars ($15,000). CITY agrees that for trail crossing,
COUNTY revenue sharing funds shall not be used for overhead,
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operation, maintenance, design, or planning.
COST ESTIMATE - TRAIL CROSSING
Estimated Estimated Est. Cost of
Item Quantities Unit Cost Construction
(a) 2-1xl0'A.C, bicycle trail, 750 l.f. $ 6.75 $ 5,000
including mobilization,
clearing and compaction
(b) river crossing lump sum $25,000 $ 25,000
TOTAL ESTIMATED CONSTRUCTION COST $ 30,000
8. The cost for COUNTY's trail extension shall be the sole
obligation of COUNTY. Contract unit prices and actual contract
quantities will be used for the final determination of COUNTY's
cost.
COST ESTIMATE - TRAIL EXTENSION
Estimated Estimated Est. Cost of
Item Quantities Unit Cost Construction
(a) 2"x10'A.C. bicycle trail, 1550 l.f. $ 6.75 $ 10,463
including mobilization,
clearing and compaction
(b) 15 percent of Item (a)
above for CITY's cost of
design, inspection, sur-
veying, field engineering
and contract administra- 1,570
tion TOTAL 12,033
TOTAL ESTIMATED CONSTRUCTION COST TO COUNTY
9. Monthly payments by COUNTY, based on actual expenditures,
shall be made upon tender of invoices and proper documentation
of accounting and with the approval of the County Administrative
Office.
10. in the event CITY fails to award a contract for the
work contemplated by this Agreement by June 30, 1975, the
obligations of CITY, COUNTY and DISTRICT under this Agreement
shall terminate,
11. The trail extension shall be a deductible bid item in
CITY's contract. CITY may award the contract if total bid cost
of deductible does not exceed total estimated costs as set forth
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I in paragraph 8 by ten percent, if the total bid cost exceeds
2 the estimated cost by ten percent, DISTRICT's Chief Engineer
3 shall accept or reject the bids within 20 days after notifi-
4 cation by CITY. IF DISTRICT's Chief Engineer does not accept
5 bids, CITY may bill COUNTY for engineering cost in paragraph 8.
6 12. CITY agrees to save DISTRICT and COUNTY, their officers,
7 agents or employees harmless from any and all penalties, liabil-
ing
8 ities, or loss resulting from claims or court actions arising
I
9 directly or indirectly out of any damage or injury to persons or
10 property by reason of the acts or omissions of CITY, its agents,
11 employees, or independent contractors employed by CITY, in
12 exercising any of the privileges herein granted or in consequence
13 thereof. DISTRICT and COUNTY likewise agree to hold CITY harm-
14 less from same.
15 13. DISTRICT reserves the right unto itself to perform any
16 flood control work, upon any portion or all of the area covered
17 by this Agreement, or to do any other work necessary at any time.
18 Such work may be performed without incurring any liability of
19 any nature whatsoever to CITY.
20 14. After completion of, the bi_qycle trail, DISTRICT's trail
21 extension and CITY's trail crossing will be incorporated in the
22 Santa Ana River bicycle trail. Thereafter, routine maintenance
23 such as sweeping and cleaning of the trail within DISTRICT's
24 right of way shall be performed by DISTRICT at COUNTY expense.
25 However, in the event of a major repair requiring the recon-
26 struction of the trail crossing costing more than $1,000, CITY
27 shall bear one-half of the total cost of the repair, including
28 overhead. Prior to commencing any major repair work pertaining
29 to CITY's obligation, DISTRICT's Chief Engineer shall consult
30 with CITY's Director of Public Works. DISTRICT shall bill CITY,
31� and CITY shall pay within 60 days after receipt of invoice.
32f After five years, CITY, COUNTY or DISTRICT may terminate this
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provision upon 60 days written notice.
15. CITY shall maintain proper`.accounting records and
procedures and other evidence pertaining to costs incurred, which
records shall be kept available at the CITY's office during the
agreement period and thereafter for five (5) years from the
date o,f final payment of county revenue sharing funds, and shall
make said records available to the COUNTY for the purposes of
auditing., and that quarterly progress reports shall be supplied
by the CITY to the County Administrative Office.
16. CITY acknowledges that funds being provided by COUNTY
are funds received by the County of Orange Pursuant to the State
and Local Fiscal Assistant Act of 1972, Public Law 92-512, and
that expenditure of these funds must be in accordance with said
law and regulations issued by agencies of the federal government.
CITY further acknowledges that when such funds are used on any
construction project for which twenty-five (25/) or more of
the costs are paid out of revenue funds, prevailing wages must
be paid in accordance with the Davis -Bacon Act, as amended,
40 U.S.C. 276 (a) and 276 (a)(7), and in compliance with labor
standards as specified by the Secretary of Labor.. CITY further
agrees that -any federal funds which are expended improperly by
CITY shall be refunded to coUNTY.
17. No person shall, on the basis -of race, color, national
origin, or sex, be excluded from participation in or be denied
the benefits of, or be subject to discrimination under any p:�o-
gram or activity funded in whole or in part with funds made
available under this Agreement.
18. The Agreement between CITY and COUNTY of April 9, 1974
is rescinded.
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the dates opposite their respective signatures.
ORANGE COUNTY FLOOD CONTROL DISTRICT
Date:
l 97�J . By
Chairm n.of its Board of Supervisors
Date:7R IJQl��r j97�—
J
ATTEST:
W. E. ST JOHN, County Cleric and ex-officio
Clerk of the Board of Supervisors of the
Orange County Flood Control District
Deputy
COUNTY F ORANGE J
t
By �i . !!X A_z l
Chairfan of its Board of Supervisors
ATTEST:
W. E. ST JOHN, County Clerk and ex-officio
Clerk of the County of Orange
Bya,_�_,) d" _ �, j
U Deputy
CITY OF SANTA ANA
Date: December_16 1974By
. - Ntayor
Clerk of.the Council �
ATTEST:
CERTIFICATION OF COMPLIANCE
WITH ORDINANCE 2717 AND
RETG_.j0_s2b0
ION FOR APPROVAL:
H. e, Chief Engineer
Orange County Flood Control
ft
City Clerk
APPROVED AS TO FORM:
Adrian Kuyper, County Counsel
Orange County, California
ByAPO
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