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<br />f . <br /> <br />District Agreement # 12 -41!} <br /> <br />RECITALS <br /> <br />1. Pursuant to Section 14526.5 of the Government Code, and pursuant to the California <br />Transportation Commission Resolution # G-98-20, STATE. has an approved State <br />Highway Operation and Protection Program (SHOPP) for the expenditure of <br />transportation funds for major capital improvements. Included in this SHOPP is the <br />Transportation Enhancement Activities (TEA) Program consisting of transportaii~~ <br />improvement projects. <br /> <br />o <br />.- <br />U1 <br />~ <br />. CO <br />.... <br /> <br />2. One of these TEA projects proposes the acquisition and construction of Patricia Lane <br />Scenic Enhancements, near Interstate 5 in the City of Santa Ana that is outside of State <br />, right ofway, referred to herein as "PROJECT", see Exhibit A, attached to and made a part <br />of this Agreement. <br /> <br />3. CITY desires to perform the right of way acquisition and prepare the contract documents, <br />advertise, award and administer the construction contract for PROJECT. <br /> <br />4. STATE desires to provide funds up to 88.53% of the eligible PROJECT costs, not to <br />exceed the amount of $533,000 to CITY from the ST ATE-managed TEA funds, see <br />Exhibit B. <br /> <br />5. PROJECT is included in the approved Orange County Transportation Authority Federal <br />Transportation hnprovement Plan (FTIP). <br /> <br />6. The parties hereto intend to define herein the terms and conditions under which PROJECT <br />is to be constructed, financed, and maintained. <br /> <br />SECTION I <br /> <br />CITY AGREES: <br /> <br />1. To perform all, including but not limited to preliminary engineering, environmental <br />documentation and certification (both CEQA and NEPA, if applicable), plans and <br />specifications preparation, utility identification and location, engineering and <br />documentation necessary to advertise and award the construction PROJECT, and all <br />necessary construction engineering services for PROJECT. <br /> <br />2. To bear all actual costs of PROJECT, including all capital and support costs, in excess of <br />STATE's$i3J,OOO contribution. Estimated costs of PROJECT are-shown on Exhibit B, <br />attached and made a part ofthis Agreement. ' <br /> <br />3. To submit invoices to STATE for reimbursement of PROJECT expenses incurred by <br />CITY. In no event shall STATE's share toward PROJECT exceed the amount of <br />$533,000, including land acquisition. Invoices shall be submitted on CITY letterhead to <br /> <br />2 <br />