1969-0210_CALIF TRANSPORTATION AGENCY _Cooperative Agreement0
PROGRAM. SUPPLEMENT NO. M007
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO. 12-5372
0
Date: Murch 09, 2006
Location: 12 -ORA -0 -SI CP
Project Number: ER -4215(001)
E. A. Number: 12-931703
This Program Supplement hereby incorporates the Administering Agency -Stats Agreement for Federal Aid which was entered into
between the Administering Agency and the State on 10/08/96 and is subject to all the terms and conditions thereof. This Program
Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No.
, approved by the Administering Agency on (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted
below obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth
on the following pages.
PROJECT LOCATION:
Camino Las Ramblas at Calle Borrego and Pescador, in the city of San Juan Capistrano. DAF # BMG-SJCP-002-0
TYPE OF WORK: Emergency Opening
LENGTH: O(MILES)
Estimated Cost
Federal Funds
Matching Funds
$57,000.00
09X0 $57,000.00
LOCAL
$0.00
$0.00
OTHER
$0,00
CITY OF SAN JUAN CAPISTRANO
By 8" 040.1
Date
Attest�_`�7-A p
Title
of Emergency Services
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer
f'
.) Date
Ott'
$57,000.00
Chapter
statutes
Itam
Yeas
Pro ram
BC
Category
Fund Source
AMOUNT
38 2005 2660-102-890
2005-2006
20.30.010.650
C 225000 892-F
57,000.00
Approved
uassto form:
0W°` 4—
John Shaw, City Attorney
Program Supplement 12-5372-MO07- ISTEA Page 1 of 4
I,-ORA-0-SJCP 0
EK -421 -�('001)
0 03/09/2006
SPECIAL COVENANTS OR REMARKS
1. The work eligible for Federal Reimbursement shall be performed by
the ADMINISTERING AGENCY either by using their own forces or by
contract. The ADMINISTERING AGENCY must be able to identify the
costs incurred at each site and be subject to an audit for
verification.
2. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the most current published Local
Assistance Procedures Manual.
3. All project repair, replacement and maintenance involving the
physical condition and the operation of project improvements
referred to in Article III MAINTENANCE, of the aforementioned
Master Agreement will be the responsibility of the ADMINISTERING
AGENCY and shall be performed at regular intervals and as
required for efficient operation of the completed project
improvements.
4. The ADMINISTERING AGENCY is required to have an audit in
accordance with the Single Audit Act and OMB A-133 if it receives
a total of $500,000 or more in federal funds in a single fiscal
year. The federal funds received under this project are a part
of the Catalogue of Federal Domestic Assistance (CFDA) 20.205,
Highway Planning & Research. OMB A-133 superceded OMB A-128 in
1996. A reference to OMB A-128 in a Master Agreement (if any) is
superceded by this covenant to conform to OMB A-133.
5. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer immediately after the
project contract award. A copy of the award package shall also
be included with the submittal of the ADMINISTERING AGENCY's
first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS#33
P. O. Box 942874
Sacramento, CA 94274-0001
Failure to do so will cause a delay in the State processing
invoices for the construction phase. Please refer to Section
Program Supplement12-5372-X007- ISTEA Page 2 of 4
1'_ -ORA -0 T
[;R--1'_15(001)
0 03/09/2006
SPECIAL COVENANTS OR REMARKS
15.7 "Award Package" of the Local Assistance Procedures Manual
and LPP 01-06.
6. STATE and ADMINISTERING AGENCY agree that any additional funds
which might be made available for new phase(s) of work by future
Federal obligations will be encumbered on this PROJECT by use of
a STATE approved "Authorization to Proceed" and Finance Letter.
ADMINISTERING AGENCY agrees that Federal funds available for
reimbursement will be limited to the amounts obligated by the
Federal Highway Administration.
7. ADMINISTERING AGENCY agrees that it will only proceed with work
authorized for specific phase(s) with an "Authorization to
Proceed" and will not proceed with future phase(s) of this
project prior to receiving an "Authorization to Proceed" from the
STATE for that phase(s) unless no further State or Federal funds
are needed for those future phase(s).
8. The ADMINISTERING AGENCY agrees that payment of Federal funds
will be limited to the amounts approved by the Federal Highway
Administration (FHWA) in the Federal -Aid Project
Authorization/Agreement or Amendment/Modification (E-76) and
accepts any resultant increases in ADMINISTERING AGENCY funds as
shown on the Finance Letter, any modification thereof as approved
by the Division of Local Assistance, Office of Project
Implementation.
9. "ADMINISTERING AGENCY certifies that neither the ADMINISTERING
AGENCY nor its principals are suspended or debarred at the time
of the execution of this agreement. ADMINISTERING AGENCY agrees
that it will notify the STATE immediately, in the event a
suspension or a debarment happened after the execution of this
agreement i"
10.The Administering Agency shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance
of any DOT -assisted contract or in the administration of its DBE
Program or the requirements of 49 CFR Part 26. The Administering
Agency shall take all necessary and reasonable steps under 49 CFE
Part 26 to ensure nondiscrimination in the award and
administration of DOT -assisted contracts. The Administering
Agency's DBE Program, as required by 49 CFE Part 26 and as
approved by Caltrans, is incorporated by reference in this
Program Supplement12-5372-M007- ISTRA Page 3 0£ 4
1^ -ORA -O-. JCP 0 0 03/09/2006
FR -4-'15(001)
SPECIAL COVENANTS OR REMARKS
agreement. Implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a
violation of this agreement. Upon notification to the recepient
of its failure to carry out its approved program, Caltrans may
impose sanctions as provided for under Part 26 and may, in
appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986
(31 U.S.C. 3801 es seq.).
11. Disaster No. CA -05-1- Emergency opening work will be reimbursed
at 100% if completed within 180 days from the initial day of
storm occurence. The initial day of storm occurence is December
28, 2004. ADMINISTERING AGENCY records must clearly identify
those costs incurred on or after December 28, 2004. Incurred
costs are defined as disbursements made or in process for goods
and services delivered. Emergency opening work completed after
June 21, 2005 will be funded at the federal -aid reimbursement
ratio of 88.53%. Restoration work, including preliminary
engineering, will be reimbursed at an 88.53% ratio. The
ADMINISTERING AGENCY will be responsible for the matching
requirement.
Program Supplement 12-5372-M007- ISTEA Page 4 of 4
0
)RbGRAM SUPPLEMENT NO. MOOS
to
WMINISTERING AGENCY -STATE AGREEMENT
?OR FEDERAL -AID PROJECTS NO. 12-5372
0
Date:March 10, 2006
Location: 12-ORA-0-SJCP
Project Number -ER -4215(002)
E. A. Number: 12-931704
'his Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into
)etween the Administering Agency and the State on 10/08/96 and is subject to all the terms and conditions thereof. This Program
supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No.
, approved by the Administering Agency on (See copy attached).
'he Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted
ielow obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth
m the following pages.
?ROJECT LOCATION:
-amino Capistrano at Junipero Serra Road, in the city of San Juan Capiatrano. DAF # BMG-SJCP-001-0
CYPE OF WORK: Emergency Opening
LENGTH: 0(MILES)
Estimated Cost
Federal Funds
Matching Funds
$19,000.00
09X0 $19,000.00
LOCAL
$0.00
$0.00
OTHER
$0.00
'ITY OF SAN JUAN CAPISTRANO
up�qr,
Date Lt —Ltq —
I Title
I hereby
upon my personal knowledge that
STATE OF CALIFORNIA
Department of Transportation
Ey
Chief, Office of Project Implementation
Division of Local Assistance
Date
funds are available for this encumbrance:
Accounting Officer
Date
`fI f 2 a,
$19,000.00
Chapter Statutes
item
Year
&gram
HC
Category
Fund source
AMT M)
38 2005 2660-102-890 2005-2006
20.30.010.650 C
225000 892-F
19,000.00
Approve as to form:
Joh Sha` ;'City Attorney
Program Supplement 12 -5372 -MOOS- ISTEA Page 1 of 4
2-ORA-0-SICP •
R-4213(002)
• 03/10/2006
SPECIAL COVENANTS OR REMARKS
1. The work eligible for Federal Reimbursement shall be performed by
the ADMINISTERING AGENCY either by using their own forces or by
contract. The ADMINISTERING AGENCY must be able to identify the
costs incurred at each site and be subject to an audit for
verification.
2. All project repair, replacement and maintenance involving the
physical condition and the operation of project improvements
referred to in Article III MAINTENANCE, of the aforementioned
Master Agreement will be the responsibility of the ADMINISTERING
AGENCY and shall be performed at regular intervals and as
required for efficient operation of the completed project
improvements.
3. The ADMINISTERING AGENCY is required to have an audit in
accordance with the Single Audit Act and OMB A-133 if it receives
a total of $500,000 or more in federal funds in a single fiscal
year. The federal funds received under this project are a part
of the Catalogue of Federal Domestic Assistance (CFDA) 20.205,
Highway Planning & Research. OMB A-133 superceded OMB A-128 in
1996. A reference to OMB A-128 in a Master Agreement (if any) is
superceded by this covenant to conform to OMB A-133.
4. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer immediately after the
project contract award. A copy of the award package shall also
be included with the submittal of the ADMINISTERING AGENCY's
first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS#33
P. O. Box 942874
Sacramento, CA 94274-0001
Failure to do so will cause a delay in the State processing
invoices for the construction phase. Please refer to Section
15.7 "Award Package" of the Local Assistance Procedures Manual
and LPP 01-06.
5. STATE and ADMINISTERING AGENCY agree that any additional funds
Program Supplement 12-5372-X008- ISTEA Page 2 of a
2-ORA-0-SJCP
R-4215(002)
. 03/10/2006
SPECIAL COVENANTS OR REMARKS
which might be made available for new phase(s) of work by future
Federal obligations will be encumbered on this PROJECT by use of
a STATE approved "Authorization to Proceed" and Finance Letter.
ADMINISTERING AGENCY agrees that Federal funds available for
reimbursement will be limited to the amounts obligated by the
Federal Highway Administration.
6. ADMINISTERING AGENCY agrees that it will only proceed with work
authorized for specific phase(s) with an "Authorization to
Proceed" and will not proceed with future phase(s) of this
project prior to receiving an "Authorization to Proceed" from the
STATE for that phase(s) unless no further State or Federal funds
are needed for those future phase(s).
7. The ADMINISTERING AGENCY agrees that payment of Federal funds
will be limited to the amounts approved by the Federal Highway
Administration (FHWA) in the Federal -Aid Project
Authorization/Agreement or Amendment/Modification (E-76) and
accepts any resultant increases in ADMINISTERING AGENCY funds as
shown on the Finance Letter, any modification thereof as approved
by the Division of Local Assistance, Office of Project
Implementation.
8. "ADMINISTERING AGENCY certifies that neither the ADMINISTERING
AGENCY nor its principals are suspended or debarred at the time
of the execution of this agreement. ADMINISTERING AGENCY agrees
that it will notify the STATE immediately, in the event a
suspension or a debarment happened after the execution of this
agreement."
9. The Administering Agency shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance
of any DOT -assisted contract or in the administration of its DBE
Program or the requirements of 49 CFR Part 26. The Administering
Agency shall take all necessary and reasonable steps under 49 CFE
Part 26 to ensure nondiscrimination in the award and
administration of DOT -assisted contracts. The Administering
Agency's DBE Program, as required by 49 CFE Part 26 and as
approved by Caltrans, is incorporated by reference in this
agreement. Implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a
violation of this agreement. Upon notification to the recepient
Program Supplement 12-5372-M008- ISTBA Page 3 of 4
2-ORA-0-SJCP • 0311012006
:IZ-4215(002)
SPECIAL COVENANTS OR REMARKS
of its failure to carry out its approved program, Caltrans may
impose sanctions as provided for under Part 26 and may, in
appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986
(31 U.S.C. 3801 es seq.).
10. Disaster No. CA -05-1- Emergency opening work will be reimbursed
at 100% if completed within 180 days from the initial day of
storm occurence. The initial day of storm occurence is December
28, 2004. ADMINISTERING AGENCY records must clearly identify
those costs incurred on or after December 28, 2004. Incurred
costs are defined as disbursements made or in process for goods
and services delivered. Emergency opening work completed after
June 21, 2005 will be funded at the federal -aid reimbursement
ratio of 88.53%. Restoration work, including preliminary
engineering, will be reimbursed at an 88.53% ratio. The
ADMINISTERING AGENCY will be responsible for the matching
requirement.
Program Supplement 12 -5372 -MOOS- ISTEA Page 4 of 4
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�ES
b9 z, 07 -Ora -5 0.0/7.5
Z San Diego Co. Line
to Route 1
07209 - 105211
Agreement No. 2332
INTERSTATE Route 5
COOPERATIVE AGREEMENT -�
THIS AGREEMENT, made and entered into
BY AND BETWEEN
AND
CITY OF SAN JUAN CAPISTRANO
a body politic and a municipal
corporation of the State of
California, hereinafter
referred to as "CITY"
STATE OF CALIFORNIA,
acting by and through its
Transportation Agency,
Department of Public Works,
Division of Highways,
hereinafter referred to as
"STATE"
WITNESSETH:
WHEREAS, CITY Council on July 11, 1966 by Resolution
No. 66-7-11-7 requested the California Highway Commission to
grant new connections to the Route 5 Freeway at Camino Las
Ramblas (P.M. 6.8); and
WHEREAS, the California Highway Commission on
June 25, 1968 by resolution consented to said new connections on
the condition that CITY bear the normal construction costs
which would be required for the local roadways if the freeway we
not in existence and provide the right of way necessary for the
proposed interchange construction including that required for
ramps and frontage roads; and
WHEREAS, an interchange plan has been prepared for
which CITY's construction responsibility is as shown on Exhibit
"A" and CITY's right of way responsibility is as shown on
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Exhibit "B", Appraisal Maps, Via California to Station 412, both
attached hereto and by this reference made a part of this Agreeme
said construction or modifications hereinafter referred to as
"Betterment", and
WHEREAS, CITY will benefit from Betterment by improved
vehicular capabilities on CITY's streets; and
WHEREAS, STATE is preparing plans for widening the
San Diego Freeway in the vicinity of Camino Las Ramblas, such
construction hereinafter referred to as "Widening"; and
WHEREAS, it is in the best public interest that
Betterment be incorporated in STATE's Widening contract.
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I
STATE AGREES:
1. To prepare all plans and specifications required to
construct said Betterment, said plans and specifications to be in
accordance with STATE standards for geometric and structural
sections and to submit said plans and specifications to CITY
for approval prior to advertising of the Widening project.
2. To furnish or cause to be furnished all labor,
materials, tools and equipment necessary to construct said
Betterment.
3• To arrange for relocating or modifying non -City -
owned utility facilities as may be necessary for Betterment.
4. To notify CITY in writing thirty (30) days prior
to opening bids.
SECTION II
CITY AGREES:
1. To furnish at no cost to STATE by July 1, 1969, the
right of way required for Betterment as shown on attached
Exhibit "B".
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2. At no cost
to STATE, and
when
requested
by STATE,
to provide for any relocation
and rearrangement
of CITY -owned
utility facilities, made
necessary by
construction
of
Betterment.
3. To bear the
cost for relocating
any non -City
-owned
utility facilities, made
necessary by
construction
of
Betterment.
4. To bear the
cost for all
roadway
work as
shown on
the attached Exhibit "A".
5• To deposit
with the STATE within
thirty
(301 days
after receipt of claim therefor
and following
notification
of
advertisement the sum of
$58,700.00 which
is
the estimated
cost
of II -4 hereinabove in accordance
with
the
following estimate:
Contract Item
Quantity
Unit Cost
Amount
Applying Water
165
MGal
$ 2.00
$ 330.00
Structure Excavation
24
C,Y.
3.00
72.00
Structure Backfill
20
C.Y.
6.00
120.00
Aggregate Subbase (C14)
5,745
Ton
1.40
8,043.00
Aggregate (RMCTB)
3,042
Ton
2.50
7,605.00
Aggregate Base (C12)
188
Ton
2.50
470.00
Aggregate Base (C13)
1,670
Ton
2.50
4,172.OG
Portland Cement (CTB)
860
Bbls
3.75
3,225.00
Mixing CTB
7,600
s.Y.
.30
2,280.OU
Asphalt MC -250 (Curing Seal)
6.1
Ton
35.00
213.5E
Aggregate (Type B A.C.)
1,940
Ton
3.40
6,596.OU
Paving Asphalt (A.C.)
102
Ton
25.00
2,550.00
Placing A.C. Dikes
305
L.F.
0.20
61.oc
Placing A.C. (Misc. Areas) 212
S.Y.
3.00
626.OG
Liquid Asphalt (Prime Coat)
.2
Ton
40,.00
8.0u
Asphaltic Emulsion (Paint
Binder)3.2
Ton
60.00
192.uO
Class A Concrete (Minor Struct.) 32
C.X.
175.00
5,60U.00
24" RCP (Class III)
24
L.F.
8.00
192.00
Misc. Iron & Steel
6,828
Lbs
.30
2,048,40
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Contract Item Quantity Unit Cost Amount
Class B Contrete (curbs) 112 C.Y. 30.UU $ 3,360.00
Sub -Total Contract Items $47,764.40
50Z for Contingencies 2,388.22
Sub -Total 50,152.62
17'� Preliminary and
Construction Engineering 8,525.95
Total $58,678.51
Call $58,700.0"'
6. 7o hold STATE and its officers, agents and
employees harmless from any and all claims for damages alleged to
have resulted frcm alterations in the previously existing drainage
pattern due to the construction of Betterment, other than damages
alleged to have resulted from work performed by or on behalf of
STATE within State highway rights of way.
SECTION III
IT IS MUTUALLY UNDERSTOOD AND AGREED:
1. That the obligations of both parties under this
Agreement are contingent upon the budgeting of the necessary funds
for the project by STATE.
2. That should the CITY finance any portion of the
Betterment with gas tax funds apportioned to the CITY, all appli-
cable procedures and policies relating to the use of such funds
shall apply notwithstanding other provisions of this Agreement.
3. That if upon acceptance of bids, it is found the
amount deposited by CITY is in excess of the cost of the work
on the basis of bid prices plus contingency items, and preliminary
and construction engineering, administration and overhead cost,
the balance remaining shall be promptly refunded by STATE to CITY.
If, however, the cost of the work on the basis of bid prices plus
contingency items, preliminary and construction engineering,
administration and overhead cost exceeds the amount
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deposited by CITY, CITY will promptly, upon receipt of claim
therefor, pay its portion of the amount of said excess to STATE.
If the excess in either case is less than five hundred dollars
($500), a refund or demand of additional deposit will be waived
until final accounting.
b. That in the construction of said work, STATE will
furnish a representative to perform the usual functions of a
Resident Engineer, and CITY may furnish at no cost to STATE a
Resident Engineer if it so desires, and that said representative
and Resident Engineer will cooperate and consult with each other
but the orders of STATE's engineer shall be final.
5. That the actual final cost to CITY for constructing
Betterment shall be computed on the basis of final contract quan-
titles for those contract items involved at the unit bid price fo
the various items of work and the actual cost of contingency item
involved, to which is added a flat seventeen percent (17%) for
preliminary and construction engineering, administration and
overhead costs plus the cost of non -City -owned utility adjustment
Contingency items shall include, but not be limited to, construc-
tion sign depreciation, moving, erecting and repairing signs,
STATE -furnished materials and service, and services performed for
the Resident Engineer and upon his quarters, and work done under
extra work orders pertinent to the construction of Betterment.
The cost of utility adjustments to be paid by CITY shall consist
of the amount paid by STATE for relocation or modifications of
utilities necessitated by STATE's construction of Betterments
plus an amount to cover STATE's engineering and overhead costs.
6. Within sixty (60) days after completion of the work
and/or acceptance of the Widening project, STATE shall notify
CITY in writing the dates thereof and the probable or estimated
date the final detailed statement of cost for Betterment will be
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submitted. If, upon acceptance of STATE's Widening contract, an
appreciable overdeposit is apparent and final accounting is to
be delayed, the excess deposit over the estimated requirements
shall be returned to CITY upon demand therefor. It outstanding
charges, such as Contractor's claims, liens, etc., delay the
final accounting, or semi-final accounting, if charges are still
outstanding, shall be presented within one hundred eighty (180)
days from the acceptance of STATE's Widening contract.
7. That any change requested by the parties hereto in
the aforesaid Betterment that may be necessary or desirable prior
to completion of the work shall require the written approval of
both STATE and CITY. The cost of an approved change, if deemed
to be part of the work to be borne by CITY, and, if within the
amount provided for contingency items, may be taken from the fund
therefor provided. If the cost of an approved change exceeds the
amount provided for in contingency items, CITY will, upon receipt
of claim therefor, deposit with STATE, the estimated cost of such
approved change, plus five percent (5%) for contingencies, and
seventeen percent (17%) for preliminary and construction
engineering, administration and overhead cost.
8. Upon completion and acceptance of the contract by
STATE for the work covered by this Agreement, that portion of
Betterment between the Freeway and ramps (Las Ramblas Stations
18+62 to 27+19) shall be considered as part of STATE Route 1.
The CITY will accept control and maintain the remaining portion
of the Betterment (Las Ramblas Stations 16+15 to 18+62).
9. That neither STATE nor any officer or employee the
shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by CITY, under or
in connection with any work authority or jurisdiction delegated
to CITY under this Agreement. It is also understood and agreed
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that pursuant to Government Code Section 895.4, CITY shall fully
indemnify and hold STATE harmless from any liability imposed for
injury (as defined by Government Code Section 810.8) occurring
by reason of anything done or omitted to be done by CITY, under
or in connection with any work, authority or jurisdiction dele-
gated to CITY under this Agreement.
10. That neither CITY, nor any officer or employee
thereof, is responsible for any damage or liability occurring
by reason of anything done or omitted to be done by STATE under
or in connection with any work, authority or jurisdiction not
delegated to STATE, under this Agreement. It is also understood
and agreed that, pursuant to Government Code Section 895.4,
STATE shall fully indemnify and hold CITY, harmless from any
liability imposed for injury (as defined by Government Code
Section 810.8) occurring by reason of anything done or omitted
to be done by STATE under or in connection with any work,
authority or jurisdiction not delegated to STATE under this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by thgir respectiv officers duly
authorized by CITY this �Z— day of 196. and
by STATE this day of 96
ATTOO�-'=J<'
City Clerk
Approved as to Form
City Attorney
-7-
CIT F SAN JUAN AP S RANO
By
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STATE OF CALIFOhNIA
Transportation Agency
Department of Public Works
Division of Highways
J. A. LEGARRA
State Highway Engineer
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Deputy State Highway Engineer