HomeMy WebLinkAboutReso 96-178 - Approve entering into cooperative Agreement No. 02-105 EA-260961, Dist Agreement No. 02-0005, with Caltrans for Roadway Rehab from Wyndham Ln to the Sac River Bridge . , ' � •
RESOLUTION NO. 96- /7$
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING APPROVING ENTERING INTO COOPERATIVE
AGREEMENT NO. 02-105 EA-260961, DISTRICT AGREEMENT NO.
02-0005, WITH CALTRANS FOR ROADWAY REHABILITATION
FROM WYNDHAM LANE TO �`HE SACRAMENTO RIVER BRIDGE.
IT IS HEREBY RESOLVED that the City Council of the City of Redding approves entering into
Cooperative Agreement No. 02-105 EA-260961, District Agreement No. 02-0005, between the State
of California, acting by and through its Department of Transportation, and the City of Redding, a true copy
of which is attached hereto and made a part hereof.
BE IT FURTHER RESOLVED that the Mayor is authorized to sign the agreement on behalf of
the City, as well as any supplemental agreements required to finalize the Project documents prior to
contract award; and the City Clerk is directed to attest the signatures and impress the official seal of the
City of Redding to the necessary documents.
I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular
meeting of the City Council on the 17th day of September, 1996, by the following vote:
AYEs: COUNCIL MEMBERS: P• Anderson, R. Anderson, Kehoe, Murray and McGeorge
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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DAVID . cGE E, M yor
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Attest: Form Approved: �
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Connie Strohmayer, City r W. Leonard Wingat , ity Attorney
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02-Sha-273 PM 14 . 9/17 .1
wyndham Lane to Sacramento Bridge
02-105 EA-260961
District Agreement No. 02-0005
COOPERAT7V • A R . .M .NT
1 THIS AGREEMENT, ENTERED INTO ON is between the STATE OF CALIFORNIA,
2 acting by and through its Department of Transportation, referred to herein as
3 "STATE", and
4 CITY OF REDDIN�, a body politic and municipal corporation of
5 the State of California, referred to herein as "CITY" .
6
7 RECITALS
8
9 l. STATE and CITY, pursuant to Streets and Highways Code Section 114 and 130, are
10 authorized to enter into a Cooperative Agreement for improvements to State
11 highways within CITY;
12
13 2. STATE contemplates roadway rehabilitation on State Route 273 and 299 between
14 Wyndham Lane and Sacramento Bridge in the City of Redding, referred to herein as
IS "PROJECT";
16
17 3. S�'ATE contemplates the cons�ruction of an 8 foot meandering concrete sidewalk
18 within South City Park and upgrading the type of fence along South City Park
19 affected by PROJECT, referred to herein as "MITIGATION", which exceed STATE
20 standards and which CITY is willing to accept as mitigation for the removal of
21 mature trees and conifer saplings required to construct PROJECT;
22
23 4 . STATE and CITY contemplate the installation of traffic and pedestrian signals on
24 Route 273 at the intersection of Cypress Avenue on PROJECT, referred to herein
25 as "IMPROVEMENT";
26
27 5. CITY desires and has requested STATE to furnish and install irrigation conduits,
28 and to furnish and install street lighting conduits along Route 273 between
29 Wyndham Lane and Cypress Avenue on PROJECT, referred to herein as "BETTERMENTS" ,
30 which exceed State standards and is willing to pay the additional cost;
31
• � District�A reement No . 02-0005
9
� 1 6. The parties hereto intend to define herein the terms and conditions under which
2 MITIGATION, IMPROVEMENT, and BETTERMENTS are to be designed, constructed,
3 financed, and maintained.
4
5 �ECTION I
6
7 STATF AGREES:
8 1. To provide all necessary preliminary engineering, including plans and
9 specifications and utility identification and location, all necessary
10 construction engineering services and right of way capital and support costs for
11 MITIGATION and IMPROVEMENT and bear the actual expense thereof. Estimates of
12 such costs are shown on Exhibit A, attached and made a part of this Agreement..
13
14 2. To delineate and incorporate CITY's draft plans and specifications for
15 BETTERMENTS, subject to the approval of CITY, into plans and specifications of
16 PROJECT.
17
18 3. To advertise, open and review bids, and award the construction contract for
19 PROJECT.
20
21 4 . To administer the construction contract for PROJECT, including MITIGATION,
22 IMPROVEMENT, and BETTERMENTS in accordance with plans and specifications of
23 STATE and in conformance with methods and practices specified in STATE's
24 Construction Manual.
25
26 5. To pay an amount equal to 100� of the actual MITIGATION construction cost.
27
28 6. To pay an amount equal to 66.7$ of the actual IMPROVEMENT construction cost,
29 estimated at $27,000, but in no event shall STATE's total obligation for
30 IMPROVEMENT construction costs under this Agreement, excluding costs referred to
3 1 in Section III, Article (6) of this Agreement, exceed the amount of $44,000.00;
3 2 provided that STATE may, at its sole discretion, in writing, authorize a greater
33 amount.
34
35 7. To submit a billing in the amount of $105, 630 to CITY 15 days prior to STATE's
3 6 bid advertising date of a construction contract for PROJECT. Said billing
3 7 represents CITY's share of the total estimated construction cost for IMPROVEMENT
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District Agreement No . 02-0005
1 ($13,000) and CITY's share of the total estimated cost of construction and
2 construction engineering for BETTERMENTS ($92, 630) .
3
4 8 To consult with CITY on all change orders pertaining to MITIGATION, IMPROVEMENT
5 and BETTERMENTS, except when necessary for the safety of motorists and/or
6 pedestrians or for the protection of property.
7
8 9. Within 120 days following the completion and acceptance of the PROJECT contract,
9 to furnish CITY a complete set of acceptable full-sized film positive
10 reproducible AS-BUILT plans and all contract records pertaining to MITIGATION
11 and BETTERMENTS.
12
13 10. IIpon completion of ZMPROVEMENT and BETTERMENTS and all work incidental thereto,
14 to furnish CITY with a detailed statement of the costs to be borne by CITY,
15 including resolution of any related claims which have been allowed to the
16 construction contractor. STATE thereafter shall refund to CITY, promptly after
17 completion of STATE's final accounting of IMPROVEMENT and BETTERMENTS costs, any
18 amount of CITY's deposit required in Section II, Article (3) remaining after
19 actual costs to be borne by CITY have been deducted, or to bill CITY within 60
20 days for any additional amount required to complete CITY's financial obligations
21 pursuant to this Agreement, subject to the limitations of CITY's participation
22 as stipulated in Section II, Article (3) below of this Agreement.
23
24 11. To maintain IMPROVEMENT (traffic and pedestrian signals) as installed and pay
25 an amount equal to 66 .7 � of the total maintenance costs, including electrical
26 energy costs, in conformance with the AGREEMENT FOR SHARING COST OF UTILITIES.
27 FXHTgrT A x . � d on O ob r 7 1 83 and r v� d on �ly 15 1991 ,
28
29 12. To operate the traffic control signal as installed and pay one hundred percent
30 . (100�) of the operation cost.
31
32
33
34 SECTION II
35
36 CITY AGREES:
37 1. To approve final plans and specifications for MITIGATION.
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2 2. To provide undelineated draft plans and specifications and to approve final
3 plans and specifications for BETTERMENTS for inclusion in PROJECT in accordance
4 with STATE policies and procedures and bear the entire actual expense thereof.
5 CITY staff who design BETTERMENTS shall be available to STATE, at no cost to
6 STATE, through completion of PROJECT, to discuss problems which may arise during
7 Construction and/or to make design revisions for Contract Change Order
8 pertaining to BETTERMENTS.
9
10 3. To deposit with STATE within twenty-five (25) days of receipt of billing
11 therefor, the amount of $105,630, which figure represents CITY's estimated share
12 of the expense of construction costs required for IMPROVEMENT ($13,000) and
13 CITY's estimated share of the expense of construction and construction
14 engineering for BETTERMENTS ($92,630) , as shown on Exhibit A. CITY's total
15 obligation for said anticipated IMPROVEMENT and BETTERMENTS costs, inclusive of
16 claims and including costs referred to in Section IZI, Article (6) of this
17 Agreement, shall not exceed the amount of $119,630, provided that CITY may, at
18 its sole discretion, in writing, authorize a greater amount.
19
20 4 . CITY's share of the expense of construction cost for IMPROVEMENT (estimated to
21 be $13,000) shall be an amount equal to 33.3� of the total actual construction
22 cost for IMPROVEMENT, including the cost of IMPROVEMENT construction-related
23 claims, the cost of STATE defense of any of those claims and the cost of STATE-
24 furnished material, if any, as determined after completion of work and upon
25 final accounting of costs.
26
27 5. CITY's share of the expense of construction cost for BETTERMENTS (estimated to
28 be $79,830) shall be an amount equal to 100� of the total actual construction
29 cost for BETTERMENTS, including the cost of BETTERMENTS construction-related
30 claims, the cost of STATE defense of any of those claims and the cost of STATE-
3 1 furnished material, if any, as determined after completion of work and upon
3 2 final accounting of costs.
33
34 6. CITY's share of the expense of construction engineering for BETTERMENTS shall be
3 5 an amount equal to 16� of the actual costs of BETTERMENTS construction.
36
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� District Agreement No . 02-0005
1 7. To grant to STATE upon execution of this Agreement and at no cost to STATE, the
2 right to enter upon CITY owned lands to construct PROJECT, including MITIGATION,
3 IMPROVEMENT and BETTERMENTS.
4
5 8. To provide consultation with STATE on all change orders pertaining to
6 MITIGATION, IMPROVEMENT and BETTERMENTS, except when necessary for the safety of
7 motorists and/or pedestrians or for the protection of property.
8
9 9. To pay STATE upon completion of all work and within twenty (20) days of receipt
10 of a detailed statement made upon final accounting of costs therefor, any amount
11 over and above the aforesaid advance. deposit required to complete CITY's
12 financial obligation pursuant to this Agreement, provided that CITY's total
13 obligation does not exceed the amounts as stipulated in Article 3 of this
14 Section II.
15
16 10. To reimburse STATE for CITY's proportionate share of the cost of maintenance of
17 IMPROVEMENT (traffic and pedestrian signals) , such share to be an amount equal
18 to 33. 3$ of the total maintenance costs, including electrical energy costs, in
19 conformance Wlth the A R . .M .NT OR 4HARTNr OGT O TT TTTFR EXHTBTT A,
20 executed on October 7, 1983 and revised on July 15, 1991.
21
22 11. To maintain, at its own cost and expense, MITIGATION lying within CITY right of
23 way, including the 8 foot meandering concrete sidewalk in South City Park, as
24 installed and pay an amount equal to 100� of the total maintenance costs.
25
26 12. To maintain, at its own cost and expense, BETTERMENTS lying within STATE right
27 of way, including irrigation conduits and street lighting conduits, as installed
28 and pay an amount equal to 1008 of the total maintenance costs, in conformance
29 with the attached AGR • •M NT OR ATNTFNAN WTTHTN 4TATF HT HWAv RT HT OF WA
3O (STAT . RO T , 27 1 ,
31
32 13. If CITY terminates BETTERMENTS prior to completion of the construction contract
33 for PROJECT, STATE may require CITY at CITY's expense to return right of way to
34 its original condition or to a condition of acceptable permanent
35 operation/condition. STATE will bill CITY for all actual expenses incurred and
36 CITY agrees to pay said expenses within thirty (30) days or STATE, acting
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� District Agreement No . 02-0005
1 through the State Controller, may withhold an equal amount from future
2 apportionments due CITY from the Highway User Tax Fund.
3
4 $ECTION III
5
( TT IS MUTUALLY AGREED:
7 1. All obligations of STATE under the terms of this Agreement are subject to the
8 appropriation of resources by the Legislature and the allocation of resources by
9 the California Transportation Commission.
10
11 2. All obligations of CITY under the terms of this Agreement are subject to the
12 appropriation of resources by the City Council.
13
14 3. Should any portion of project be financed with Federal funds or State gas tax
15 funds, all applicable laws, rules and policies relating to the use of such funds
16 shall apply notwithstanding other provisions of this Agreement.
17
18 4. If, upon opening of bids, it is found that a cost overrun exceeding 15� of the
19 estimate for PROJECT will occur, STATE and CITY shall endeavor to agree upon an
20 alternative course of action. If, after twenty-five (25) days, an alternative
2 1 course of action is not agreed upon, this Agreement shall be deemed to be
22 terminated by mutual consent pursuant to Article (10) of this Section III.
23
24 5. If, upon opening of bids, it is found that a cost overrun exceeding 158 of the
25 estimate for IMPROVEMENT and/or BETTERMENTS will occur, STATE and CITY shall
26 endeavor to agree upon an alternative course of action. If, after twenty-five
27 (25) days, an alternative course of action is not agreed upon, this Agreement
28 shall be deemed to be terminated by mutual consent pursuant to Article (10) of
29 this Section III and STATE may construct PROJECT and eliminate IMPROVEMENT and
30 BETTERMENTS from contract plans and specifications.
31
3 2 6. If existing public and/or private utility facilities conflict with MITIGATION,
33 IMPROVEMENT, and/or BETTERMENTS construction or violate STATE's encroachment
34 policy, STATE shall make all necessary arrangements with the owners of such
35 facilities for their protection, relocation or removal. STATE shall inspect the
36 protection, relocation or removal. If there are costs of such protection,
37 relocation or removal which STATE and CITY must legally pay, STATE and CITY
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� District Agreement No . 02-0005
� 1 shall share in paying the cost of said protection, relocation or removal, plus
2 cost of engineering overhead and inspection, in the amount of 100� STATE for
3 costs associated with MITIGATION, in the amount of 66 .7� STATE and 33 .3� CITY
4 for costs associated with IMPROVEMENT, and in the amount of 100� CITY for costs
5 associated with BETTERMENTS. If any protection, relocation, or removal of
6 utilities is required, such work shall be performed in accordance with STATE's
7 policy and procedure for those facilities located within the limits of work
8 providing for the improvement to the State highway and in accordance with CITY
9 policy for those facilities outside of the limits of work providing for the
10 improvement to the State highway.
11
12 7. In the construction of said MITIGATION, IMPROVEMENT and BETTERMENTS work, STATE
13 will furnish a representative to perform the functions of a Resident Engineer,
14 and CITY may, at no cost to STATE, furnish a representative, if it so desires.
15 Said representative and Resident Engineer will cooperate and consult with each
16 other, and all work pursuant to MITIGATION, IMPROVEMENT, and BETTERMENTS shall
17 be accomplished according to approved plans, specifications and applicable STATE
18 standards. Satisfaction of these requirements shall be verified by Resident
19 Engineer. The CITY representative is authorized to enter STATE's property
20 during construction for the purpose of monitoring construction of MITIGATION,
21 IMPROVEMENT, and BETTERMENT activities, but the decisions of STATE's Resident
22 Engineer shall prevail as final, binding and inclusive in all matters concerning
23 the PROJECT construction contract.
24
25 8. The cost of any engineering and maintenance referred to herein in this Agreement
26 shall include all direct and indirect costs (functional and administrative
27 overhead assessment) attributable to such work, applied in accordance with
28 STATE's standard accounting procedures.
29
3 0 9. Execution of this Agreement by CITY grants to STATE, at no cost to STATE, the
31 right to enter upon CITY owned lands to construct PROJECT.
32
33 10. If termination of this Agreement is by mutual consent, STATE will bear 100� of
34 the roadway rehabilitation PROJECT related cost, 100� of MITIGATION and
3 5 IMPROVEMENT (traffic and pedestrian signals) preliminary engineering related
3 6 costs and CITY will bear 100� of BETTERMENTS related costs incurred by STATE
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' � District•A reement No . 02-0005
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� 1 prior to termination, except that any utility relocation costs shall be prorated
2 in accordance with STATE's/CITY's responsibility for utility relocation costs.
3
4 11. STATE shall not construct IMPROVEMENT nor BETTERMENTS until after receipt of
5 CITY's deposit due from billing required in Section II, Article (3) of this
6 Agreement.
7
8 12. Upon completion of all MITIGATION and IMPROVEMENT work under this Agreement,
9 ownership and title to all materials, equipment and appurtenances installed
10 within STATE's right of way will automatically be vested in STATE, and
11 materials, equipment and appurtenances installed outside .of STATE's right of way
12 will automatically be vested in CITY. No further agreement will be necessary to
13 transfer ownership as hereinabove stated.
14
15 13. Upon completion of all BETTERMENTS work under this Agreement, ownership and
16 title to all materials, equipment and appurtenances installed within STATE's or
17 CITY's right of way will automatically be vested in CITY and no further
18 agreement will be necessary to transfer ownership to CITY.
19
20 14 . Changes to MITIGATION, IMPROVEMENT, and BETTERMENTS plans and specifications
21 shall be implemented by Contract Change Orders in accordance with Section I,
22 Article (8) of this Agreement. All changes affecting property parcels without a
23 Right-of-Way Agreement and all major changes as defined in STATE's Construction
24 Manual shall be approved by CITY in advance of performinq the work. Unless
25 otherwise directed by the CITY representative, changes authorized as provided
26 herein will not require an encroachment permit rider. All changes shall be
27 shown on the As-Built plans referred to in Section I, Article (9) of this
28 Agreement.
29
30 15. STATE shall process all claims, including those pertaining to MITIGATION,
3 1 IMPROVEMENT and BETTERMENTS, through STATE's claim process. CITY representative
32 will be made available to STATE to provide adv�ce and technical input in any
33 claim resolution process pertaining to IMPROVEMENT and BETTERMENTS.
34
3 5 16. Upon completion and acceptance of the PROJECT construction contract by STATE,
3 6 STATE will accept control of and will maintain, at its own cost and expense,
37 those portions of MITIGATION and IMPROVEMENT lying within STATE's right of way.
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� District Agreement No . 02-0005
1
2 17. CITY will accept control of and will maintain, at its own cost and expense,
3 those portions of MITIGATION and IMPROVEMENT lying outside STATE's right of way.
4 Also, CITY will maintain, at CITY's own cost and expense, BETTERMENTS installed
5 within STATE's right of way delegated to CITY for maintenance, in conformance
6 Wlth the attached A R M .NT QR ATNTFNANrF WTTHTN TAT NT�HWAY RT HT O WA
7 (STATE RO T , '7 3 1�,
8
9 18. Neither STATE nor any officer or employee thereof is responsible for any damage
10 or liability occurring by reason of anything done or omitted to be done by CITY
11 under or in connection with any work, authority or jurisdiction deleqated to
12 CITY under this Agreement. It is understood and agreed that, pursuant to
13 Government Code Section 895.4, CITY shall fully defend, indemnify and save
14 harmless the State of California, all officers and employees from all claims,
15 suits or actions of every name, kind and description brought for or on account
16 of injury (as defined in Government Code Section 810.8) occurring by reason of
17 anything done or omitted to be done by CITY under or in connection with any
18 work, authority or jurisdiction delegated to CITY under this Agreement.
19
20 19. Neither CITY nor any officer or employee thereof is responsible for any damage
21 or liability occurring by reason of anything done or omitted to be done by STATE
22 under or in connection with any work, authority or jurisdiction delegated to
23 STATE under this Agreement. It is understood and agreed that, pursuant to
24 Government Code Section 895.4, STATE shall fully defend, indemnify and save
25 harmless CITY from all claims, suits or actions of every name, kind and
26 description brought for or on account of injury (as defined in Government Code
27 Section 810.8) occurring by reason of anything done or omitted to be done by
28 STATE under or in connection with any work, authority or jurisdiction delegated
29 to STATE under this Agreement.
30
3 1 20. No alteration or variation of the terms of this Agreement shall be valid unless
32 made in writing and signed by the parties hereto and no oral understanding or
33 agreement not incorporated herein shall be binding on any of the parties hereto.
34
35 21. Except as otherwise provided in Articles (6) , and (10) of this Section III,
36 those portions of Agreement pertaining to the construction of PROJECT shall
37 terminate upon completion and acceptance of the construction contract for
9
� � District• reement No. 02-0005
g
1 PROJECT by STATE, or on August 15, 2001, whichever is earlier in time; however,
2 the ownership, operation, maintenance, liability, and claims clauses shall
3 remain in effect until terminated or modified, in writing, by mutual agreement.
4 Should any construction-related claim arising out of IMPROVEMENT or BETTERMENTS
5 be asserted against STATE, CITY agrees to extend the termination date of this
6 Agreement and provide additional funding as required to cover CITY's
7 proportionate share of costs, subject to CITY's total obligation stipulated in
8 Section II, Article (3) of this Agreement, or execute a subsequent agreement to
9 cover those eventualities.
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• Distric• reement No . 02-0005
9
STATE OF CALIFORNIA CITY OF REDDING
DEPARTMENT OF TRANSPORTATION
JAMES W. van LOBEN SELS By
Director of Transportation DAVID McGEORGE
Mayor
Signed and certified that a copy
By: of this document has been
EUGENE F. POCH delivered to the City Council
District Director
Attest:
City Clerk
Approved as to form and procedure: Approved as to form:
Attorney City Counsel
Department of Transportation
Certified as to funds and procedure:
� � �4�����J
District Resource Management
= Certified as to form and procedure:
Accounting Administrator
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� Distric�Agreement No. 02-0005
02-Sha-273-PM 14 . 9/17.1
Wyndham Lane to Sacramento Bridge
02-105 EA-260961
District Agreement No. 02-0005
EXHIBIT A
ESTIMATE OF COST
TOTAL EST. CITY's STATE's
Description Cost Share Share
� Riqht-of-Way Capital
MITIGATION No costs anticipated
IMPROVEMENT No costs anticipated
BETTERMENTS No costs anticipated
Subtotal $ 0 $ 0 $ 0
• Right-of-Way Acquisition or Support
MITIGATION To be done by STATE
IMPROVEMENT No costs anticipated
BETTERMENTS No costs anticipated
• Construction Costs
MITIGATION $ 15,000 $ 0 $ 15,000
15$ Contingencies $ 2,250 $ 0 $ 2, 250
IMPROVEMENT $ 40,000 $ 13,000 $ 27,000
15� Contingencies $ 6,000 S 2,000 $ 4,000
HETTERMENTS $ 79,830 $ 79,830 $ 0
15$ Contingencies S 12,000 S 12,000 S 0
Subtotal $155,080 $106,830 . $ 48,250
• Engineering Costs
MITIGATION (concrete sidewalk in Park and Fence Upgrade along Park)
Prelim. Engr. $ 3,000 $ 0 $ 3,000
Const. Engr. @ 16$
Overhead included S 2,400 S S 2,400
Subtotal $ 5,400 $ 0 $ 5,400
IMPROVEMENT (Signal at So. Market Street and Cypress Avenue)
Prelim. Engr. @ 13$
Overhead included $ 5,200 $ 0 $ 5,200
Const. Engr. @ 16$
Overhead included S 6.400 S 0 S 6.400
3ubtotal $ 11,6U0 $ 0 $ 11,600
BETTERMENTS (Irrigation conduits & Street Lighting conduits)
Prelim. Engr. To be done by CITY
Const. Engr. @ 168
Overhead included � 12, 800 S 12.800 S 0
Subtotal $ 12,800 $ 12, 800 $ 0
• Total Costs $184, 880 $119, 630 $65 , 250
• CITY' S TOTAL OBLIGATION $119, 630
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EXHIBIT B VICINITY MAP
District Agreement 02-0005 OF PROJECT, MITIGATION,
IMPROVEMENT AND BETTERMENTS