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<br />of <br /> <br />Headquarters Rail Agreement No. 75-701-C <br /> <br />RECITALS <br /> <br />1. STATE and CITI, pursuant to Streets and Highways Codes Section 114, are <br />authorized to enter into a Cooperative Agreement for enhancement <br />improvements within the City of Santa Ana, <br /> <br />2, Pursuant to Section 14526,5 of the Government Code, and pursuant to the <br />California Transportation Commission Resolution # G-98-20, STATE has an <br />approved State Highway Operation and Protection Program (SHOPP) managed <br />Transportation Enhancement Activities for the Twenty First Century rrEA-21) <br />funds for major capital improvements, <br /> <br />3, TEA is a Federal reimbursable program, The work covered by this Agreement <br />must be eligible under Federal and State regulations and must be completed <br />and invoiced for before reimbursement will be made, <br /> <br />4. One of these TEA projects proposes installation of a cinderblock wall with color <br />imprinted art work at the City of Santa Ana's traln depot, referred to herein as <br />"PROJECT" , <br /> <br />5, CITI desires to prepare the Plans, Specifications and Estimate (PS&E) for <br />PROJECT, <br /> <br />6, CITI desires to advertise, award, and administer the construction contract for <br />PROJECT. <br /> <br />7. STATE desires to provide funds up to 75% of eligible PROJECT costs, but not to <br />exceed $375,000 to CITY from the STATE-managed (TEA-21) funds so that CITI <br />may proceed with PROJECT and CITI will bear the remainder of the PROJECT <br />costs as set forth in Exhibits A and B, attached to and made a part of this <br />Agreement. <br /> <br />8. The parties hereto intend to define herein the terms and conditions under which <br />PROJECT is to be constructed, financed, and maintained. <br /> <br />SECTION I <br /> <br />CITI AGREES: <br /> <br />I. To perform all preliminary engineering and environmental documentation <br />(PA&ED) and certification, both CEQA and NEPA, preparation of detailed plans, <br />specifications and estimate (PS&E). utility identification and location, and <br />documentation necessary to advertise and award the construction contract for <br />PROJECT and submit each to STATE for STATE's review and concurrence at <br />appropriate stages of development. The final plans and specifications for <br />PROJECT shall be signed by an appropriate licensed and registered professional <br />in the applicable professional field in the State of California, <br /> <br />2. To advertise, award, and administer the construction contract for PROJECT in <br />accordance with applicable STATE's Local Assistance Manual. Approval of <br />STATE's financial participation by the California Transportation Commission <br />and the Federal Highway Administration (FHWA) shall be assured prior to <br />advertising, <br /> <br />Page 2 of8 <br />