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REV: 12-03-25 LF <br />completion and final acceptance of the Project, each Party shall continue to have all ownership <br />and maintenance responsibilities over their facilities within their respective jurisdiction limits. <br />Both Parties agree that (i) this Project is federally funded; (ii) conditions applicable to such funding <br />may be modified at any time by the federal government which may affect or cause discontinuance <br />of such funding; and (iii) the continuation of the Project thereafter is contingent on the continued <br />availability of such funding. <br />2. Term of MOU and Termination. The term of this MOU will begin on the Effective Date <br />and shall remain in full force until the completion and final acceptance of the Project. This MOU <br />includes all consultant costs to complete this Project incurred from the Notice to Proceed issued <br />to the design consultant (“Design Consultant”) and all construction costs incurred from the Notice <br />to Proceed issued to the construction contractor (“Construction Contractor”). <br />This MOU may be terminated, with cause (which shall include but is not limited to some or all of <br />the federal funding becoming discontinued), by any of the parties upon thirty (30) calendar days <br />prior written notice to other party. If a party terminates the MOU, they will be responsible for their <br />share of the cost of work performed up to the effective date of the termination. The remaining <br />party will stop work temporarily to address this change and may continue the portion of the Project <br />in its respective jurisdiction. <br />3. Authorizations. The City Manager of the City, or designee, is authorized to modify due <br />dates, resolve conflicts, approve changes to the City’s share of the local match funds up to 10% <br />contingency, on behalf of the City, provided such approvals are not vested in the authority of the <br />City Council, and provided that any approval requiring payment of funds in excess of appropriated <br />funds shall require City Council approval of the appropriations of those funds. <br />The County Executive Officer of the County, or designee, serving as the County Board of <br />Supervisors’ designee, is authorized to modify due dates, resolve conflicts, approve changes to <br />the County’s share of the local match funds up to 10% contingency, or otherwise grant approvals <br />on behalf of the County, provided that any approval requiring payment of funds in excess of <br />appropriated funds requires the County Board of Supervisors’ approval of the appropriation of <br />those funds. <br />4. Responsibilities of the Parties. The City will serve as the Project lead and will coordinate <br />and contract with the Design Consultant and Construction Contractor for the Project. A table that <br />illustrates the tasks and responsibilities for each Party is outlined in Exhibit A. <br />The Design Consultant will be selected according to the OBAG 3 and federally funded projects’ <br />requirements per Caltrans Local Assistance Procedure Manual (“LAPM”). Both Parties will review <br />the consultant proposals and select the successful consultant. The City will manage the day-to- <br />day work of the Design Consultant, be responsible for official communications regarding the <br />contract, and process payments to the Design Consultant under contract with the City for the work <br />performed. The County will participate in coordination and project management meetings, review <br />of design deliverables, community outreach, and development of construction bidding documents. <br />The County shall have the opportunity to review and provide comments on the design deliverables <br />and construction bid documents, and other relevant project related documents. <br />Construction bidding documents will be prepared according to OBAG 3 and federally funded <br />projects’ requirements per LAPM. For the construction phase, the City will manage the <br />construction bidding process. The County shall be present at the bid opening and shall have the <br />ATTY/AGR.2025.325/San Mateo County (Page 2 of 10) <br />8.D. - Page 6 of 14 <br />115