HomeMy WebLinkAboutR08-Redevelopment Agency
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AGENDA ITEM INFORMATION SUMMARY
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INFORMAOONAL DAtA FORWARDED TO CITY DEPARTMENTs/COUNCIL OFFICES:
Sent to
Mayor's 0II1ce
CouncIl Ward
Council Ward
CouncIl Ward
Council Ward
Department
Department
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COMMENTS/CONCERNS: Include pertinent comments and concerns of offices and persons clearing the
summary, such.s controversial Issues, time constraints and funding complications. Indicate dates when
action must be taken.
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RDA .174
REV. 6-29-89
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. Redevelopment Agency . City of San Bernardino
~ Ncnh "D" SIIeel. Foanh Floor . Sm Bemardino, Califcmia 92418
(714) 384-5081 FAX (714) 888-9413
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SIevn R. DuIrett
~ve Director
August 1, 1989
WATERMAN/I-10 ON-AND OFF-RAMPS
Synopsis of Previous Commission/Council/Committee Action:
7-21-86 Resolution 4907 authorized Regional Facilities Agreement.
2-2-87 Resolution 87-36 authorized Memorandum of Understanding with
Ca ltrans.
(continued on page 2)
Recommended Motion:
(COMMUNITY DEVELOPMENT COMMISSION)
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Move that the Community Development Commission select one of the
following three means of financing the $1,250,000 cost of
constructing a new offramp for westbound 1-10 at Waterman Avenue,
from Southeast Industrial Park Project Area capital reserves:
A) 100~ grant of funds;
B) 100~ loan of funds; or
C) Combination grant and loan of funds In a ratio to be specified.
Respectfully Submitted,
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L/ Steven H. Dukett, Executive Director
. Support I ng data attached: Yes
FUNDING REQUIREMENTS: $1,250,000
Ward:
1st and 3rd
Project: TC and SEIP
Commission Notes:
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Agenda of: Auqust 7, 1989
Item NO.~
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Redevelopment Agency
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Synopsis of Previous Commission/Council/Committee Action:
(continued from page 1)
2-2-87
6-16-87
9-21-87
11-2-87
3-10-88
8-4-88
7-6-89
Authorization granted for RFP for design engineering services.
Filed briefing paper on Regional Facilities Agreement.
Resolution 87-340 authorized agreement with Boyle Engineering for
design of Waterman/I-10 on/off ramps.
Commission received and filed report on Height Impact Study.
Committee approved concept of a landscape reimbursement agreement
with Rancon.
Committee rejected a $625,000 landscape reimbursement agreement with
Rancon.
Committee rejected proposal for Southeast Industrial Park to grant
$1,200.000 for construction of the new Waterman/I-10 offramp. Staff
was asked to present grant and loan options to the Commission.
SHO: JW :kp: 2173H
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Redevelopment Agency
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S T A F F R E P 0 R T
ThIs Is to request that the CommIssIon select one of three fInancIng optIons
whIch wIll provIde for the expendIture of $1,250,000 from the Southeast
IndustrIal Park (SEIP) Redevelopment Project for the constructIon of publIc
Improvements wIthIn the Trl-Clty (TC) Redevelopment Projet Area. The three
fInancIng optIons are:
A) lOOt grant of funds;
B) lOOt loan of funds; or
C) CombInatIon grant and loan of funds.
BACKGROUND
On September 22, 1986, the Redevelopment Agency, the CIty of San BernardIno
and Rancon Realty Funds IV and V entered Into a RegIonal FacIlItIes Agreement
(RFA). Under the terms of the RFA, Rancon was, among other thIngs, to
construct $50 mIllIon In new development by September, 1991, and the
Redevelopment Agency was. among other thIngs, to pay for desIgn engIneerIng
and off-ramp constructIon costs assocIated wIth the new Haterman/I-10 on-and
off-ramps.
Rancon has completed twelve buIldIngs, wIth a thIrteenth under constructIon,
and the design engIneerIng of the new on-and off-ramps Is nearIng completIon.
Caltrans must now acquIre one parcel of land and prepare for constructIon of
the new on-and off-ramps whIch Is expected to start In June, 1990.
By memorandum dated AprIl 3, 1989. the PublIc Horks Department Informed us
that the Caltrans.cooperatlve agreement (copy attached) for the fundIng of
thIs project stIpulates that the CIty FInance DIrector must certIfy that funds
have been allocated for the off-ramp constructIon costs (currently estImated
at $1,015,000). Because of possIble tIme delays (Caltrans may have to acquIre
the addItIonal parcel through emInent domaIn), staff feels that the estImated
cost should be Increased by an InflatIon and contIngency factor to
$1,250,000. To proceed, the CIty FInance DIrector must certIfy that fundIng
has been authorIzed. BenefIt resolutIons are also requIred to utIlIze the
funds for the constructIon of publIc Improvements.
Although the new on-and off-ramp project wIll be located In the Te
Redevelopment Project Area (see attached map>, the Improvements are
ImmedIately adjacent to and wIll substantIally benefIt the SEIP Redevelopment
Area by ImprovIng traffIc cIrculatIon and safety and contrIbutIng to the
elimInatIon of blIght. In consIderatIon of thIs substantIal benefIt to the
SEIP Redevelopment Area and the lack of ImmedIately avaIlable capItal revenues
In the TC Redevelopment Area to meet these oblIgatIons, It Is approprIate to
fund the Improvements from the capItal reserves of the SEIP Redevelopment Area.
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Redevelopment Agency
On July 6, 1989, the Redevelopment Committee considered staff's proposal that
the SEIP Redevelopment Area pay the $1,250,000 cost through a grant of funds.
The Committee asked that this Item be presented to the full Commission with
two alternative funding choices. The options are:
A) 100~ grant of funds;
B) 100~ loan of funds; or
C) Combination grant and loan of funds In a ratio to be specified.
The necessary documents for Implementation of the Commission's selection will
be presented at the meeting of August 21, 1989.
RECOMMENDA nON
It Is, therefore, requested that the Commission select one of the three
financing options providing for the expenditure of up to $1,250,000 from the
Southeast Industrial Park Redevelopment Project for the new Waterman/I-10
off-ramp construction 'costs.
SHD:JW:kp:2173H
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8Ol.tcIARY OF WEaTElllll "ORT/Otf
80UTHEAST INDU8TRIAL PARK \
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WATERMAN AVE./lNTERSTATE 10
ONRAMP AND OFFRAMP PROJECT
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TRI-CITY PROJECT AREA
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08-S84-10-24.7/26.3
204 - 202101
At Waterman Av. I:nterchange
Revise and Construct WB
Ramps , Add Auxiliary Lane
District Agre_ent No. 8-640
COOPERATI:VE AGREEMENT
This AGREEMENT ENTEREDI:NTO ON ~ ,~ \ 'S"' , 19 ~ is
between the STATE OF CALI:FORNI:A, acting by and through its
Department of Transportation, referred to herein as STATE, and
CITY OF SAN BERNARDINO
a body politic and a
municipal corporation of
the State of California,
referred to. herein as CI:TY.
RECITAIS
(1) STATE and CITY, pursuant to Streets and Highways Code Section
130, are authorized to enter into a Cooperative Agreement for
improvements to State highways within the CITY.
(2) CITY desires State highway improvements consisting of
constructing new westbound entrance and exit ramps at Carnegie
Drive, removing existing Waterman Avenue westbound exit ramp,
constructing an auxiliary lane on Route 10 from Tippecanoe
Avenue westbound entrance ramp to the new Carnegie Drive exit
ramp and improv_ent of the existing Waterman Avenue entrance
ramp (Area of responsibility shown on Exhibit "B".), all
referred to herein as "PROJECT".
(3) This Agreement supersedes the "Memorandum of Understanding
(MOU)" dated March 3, 1987: initiated by STATE and concurred
with by CITY.
(4) CITY desires to assist STATE in the acquisition of Right of
Way, to prepare plans, specifications and estimates (PS&E) and
to partially fund construction costs for PROJECT in order to
bring about the earliest possible construction of PROJECT.
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EXHIBIT -A-
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(5)
The parties hereto desire to define herein the terms and
conditions under' which said PROJECT is to be developed,
designed, and constructed.
SECTION I
STATE AGREES:
(1) To pr~vide CITY with necessary regulations, policies,
procedures, manuals, standard plans and specifications, and
other standards required to prepare the PS&E for PROJECT.
(2) To work with CITY to assure that required State and Federal
procedures are followed.
(3) To provide prompt reviews and approvals, as appropriate, of
submittals by CITY and to cooperate in timely processing of
PROJECT .
(4) To provide, at STATE expense, oversight of all right of way
activities undertaken by CITY, or its designee, pursuant to
this Agreement.
(5) To issue, upon proper application, an encroachment permit to
CITY authorizing entry by CITY's staff and consultant(s) onto
STATE's right of way to perform survey and other investigation
activities required for preparation of the PS&E.
(6) To fund actual construction costs for the Carnegie Drive
Entrance Ramp. This includes the following:
(a)
Widening of the Route 10 Waterman Avenue undercrossing
structure on the north side.
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(b)
Construction of a structure over the San Timoteo Creek
Channel.
(c) Expenses, if any, for the relocation of affected public
utilities.
(7) To acquire necessary right of way westerly of San Timoteo
Creek for the Carnegie Drive westbound entrance ramp.
(8) To handle the arrangements for the relocation and/or
protection of all public utilities affected by PROJECT.
Financial responsibility for utility relocation is set forth
in Section I, Article 6 and Section II, Article 15.
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page 3
(9)
To accept title to right of way provided by CITY following
review by STATE to insure CITY has conformed to Federal
Highway Administration (FHWA) regulations in the acquisition
of said right of way.
To fund actual construction coats for widening of the existing
westbound Waterman Avenue entrance ramp and channelization to
Route 215 north and south.
(10)
To advertise, award, and administer the construction contract
for PROJECT, fund all actual construction engineering costs
for PROJECT, and provide construction permits for PROJECT.
After opening of bids, STATE ahall provide a Schedule of
Projected Monthly Reimbursable Expenditures for construction
costs of CITY'a portion of PROJECT.
(13) To provide CITY quarterly reports of actual expenditures
compared to the estimates (basis for scheduled deposits) and
updated planned reimbursement schedules. The cash deposit
amounts may be revised based on the updated planned
expenditure schedules. STATE will monitor the actual versus
the planned expenditures monthly to assure that CITY's advance
deposits, pursuant to Section II, Article 17 will always be
sufficient.
(11)
(12)
(14) To submit to CITY a final report of expenditures for portions
of PROJECT that is CITY responsibility within thirty (30) days
after completion and acceptance of the construction contract
for PROJECT.
(15) To return any remaining CITY funds deposited with STATE,
pursuant to Section II, Article 17, within thirty (30) days
after completion and acceptance of the construction contract
for PROJECT and delivery of acceptable title to the rights of
way in accordance with Section II, Article 11.
(16) To operate the traffic control signal for the intersection of
Hospitality Lane and Carnegie Drive as installed and pay 100'
of the operation cost.
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(17) To maintain the entire traffic control signal and safety
lighting for the intersection of Hospitality Lane and carnegie
Drive and pay an amount equal to 25' of the total maintenance
costs, including electrical energy costs.
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SECTION II
CITY AGREES:
To prepare the PS'E for saltt PROJECT with CITY Consultant
force.. The PS'E i. to be preparett in accorttance with STATE's
law., rules, regulations, policie., procetture., manuals,
stanttartt plans, specifications, antt other stanttartts as
provittett by the STATE in accorttance with Section I, Article
1 of this Agreement. Saitt PS'E is to be subject to an ongoing
review, formal ttraft, final review antt approval by STATE.
The CITY Consultant or its subconsultant ahall not incorporate
in the tte.ign any materials or equipment of single or sole
source origin without the written approval of STATE.
Proprietary names of material or equipment .hall not be used
on the plans or in the specifications.
(2) To funtt one hunttrett (100) percent of all preliminary
engineering costs for PROJECT.
(1)
(3) To have ttetailett Plans, Specifications antt Estimate (PS'E)
preparett at no cost to STATE antt to submit each to STATE for
review antt approval at appropriate stages of ttevelopment.
Final plans shall be signett by a Civil Engineer registerett in
the State of California.
(4) To permit STATE to participate in the selection of consultants
if consultants will perform right of way activities. CITY
also agrees, if requestett by STATE, to ttiscontinue the
services of any consultant consitterett by STATE to be
unqualifiett, on the basis of crettentials, professional
expertise, antt failure to perform.
(5) CITY antt/or consultants will be available to STATE through
completion of construction of PROJECT to ttiscuss problems
which may arise tturing construction or to make design
revisions for contract change ortters.
(6) Not to use Fetteral aitt funtts for ttesign of PROJECT.
(7) To make formal application to STATE for necessary encroachment
permits authorizing entry onto STATE's right of way to perform
surveying antt other investigative activities requirett for
preparation of PS'E.
(8) To perform all right of way activities, inclutting acquisition
of all permits antt rights necessary for the construction,
operation, antt maintenance of the improvements crossing San
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Timoteo Creek (except as noted in Section I, Articles 6 and
7 and excludinq contractor'a permita), at no cost to STATE,
in accordance with procedures acceptable to. STATE, and in
compliance with all applicable State and Federal laws and
regulations, subject to STATE overaiqht, to assure that the
completed work is acceptable for incorporation into the State
Hiqhway System.
(9) If outside riqht of way consultants are employed,
administration of the consultant contract shall be performed
by qualified public aqency employees.
(10) To certify leqal and physical control of riqhts of way ready
for construction, excludinq that referred to in Section I,
Article 7, and that all riqhts of way were acquired in
accordance with applicable State and Federal laws and
regulations subject to review and concurrence by STATE prior
to the advertisement for bids for construction of PROJECT.
(11) To deliver to STATE leqal title to the riqht of way, free and
clear of all liens and encumbrances detrimental to STATE's
present and future uses not later than the date of acceptance
by STATE of maintenance and operation of the hiqhway facility,
excludinq that referred to in Section I, Article 7.
Acceptance of said title by STATE is subject to a review of
a Policy of Title Insurance in STATE's name to be provided and
paid for by CITY. Final riqht of way maps shall be signed by
a Civil Engineer registered in the State of California.
(12) To furnish to STATE as soon as available reproducible project
plans and utility conflict maps adequate for utility
relocation planninq purposes to permit STATE to proceed with
its obliqation pursuant to Section I, Article 8.
(13) To furnish to STATE, final reproducible right of way maps,
prepared to State standards, prior to STATE's commencement of
appraisals for STATE acquired right of way.
(14) To provide STATE, records of the acquisition of rights of way,
includinq, but not limited to, correspondence, agreements,
deeds, contracts, notices and summaries.
(15) To pay expenses, if any, for the relocation of affected public
utilities for the project, excludinq STATE's utility
obligation set forth in Section I, Article 6. Liability for
utility relocations and/or protection shall be in accordance
with appropriate Master Contracts and prior riqhts of the
affected utility Companies and will be handled in accordance
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with STATE's customary relocation procedures. Relocation
billing, if any, when received by STATE from Utility Companies
shall be forwarded to CITY for payment.
(16) Certification by CITY's responsible fiscal officer that funds
of $1,015,000, which is CITY's estimated share of construction
cost, are budgeted and available for payment to STATE shall
be made part of this Agreement. These funds shall be
deposited to STATE in payments as specified in Section II,
Article 17.
(17) Before commencement of construction activities, CITY shall
deposit with STATE the amount of $200,000, said amount
represents two (2) months estimated costs of construction on
CITY portion. Thereafter CITY will provide STATE with advance
cash deposits ten (10) working days preceding the beginning
of the month of planned expenditures. Such deposits will be
based on a planned expenditure schedule to be provided by
STATE according to Section I, Article 12. CITY further agrees
to make additional advance deposits if costs of construction
on CITY portion are expected to exceed the original deposits.
In the event CITY fails to make said deposits within thirty
(30) days of the scheduled due date, STATE will direct the
State Controller to withhold an equal amount from future
payments due CITY from the Highway Users Account and transfer
said amount to STATE.
(18) To fund actual construction costs of the westbound exit ramp
to Carnegie Drive and auxiliary lane on Route 10 from
Tippecanoe Avenue westbound entrance ramp to the new exit
ramp.
(19) To fund actual construction costs for signalization and
lighting of the intersection of Hospitality Lane and Carnegie
Drive.
(20) To reimburse STATE for CITY's proportionate share of the cost
of maintenance of the traffic control signal and safety
lighting, such share to be an amount equal to 75\ of the total
maintenance costs, including electrical energy costs.
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SECTION III
IT IS MUTUALLY AGREED:
(1) All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Legislature
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08-S84-10-24.7/26.3
Page 7
and the allocation of resources by the California
Transportation Commission.
(2) The estimated CITY~s and STATE's share of construction and
right of way costs for the proposed Waterman Avenue ramp
improvements and auxiliary lane are shown in Table I. CITY's
right of way acquisition cost is an approximate value of the
land it is to receive, at no cost, for the construction of the
new westbound off-ramp and auxiliary lane. (The land donation
was confirmed in a letter from CITY dated April 29, 1988.)
(3) Should any claim arising out of PROJECT be asserted against
STATE, CITY agrees to extend the termination date of this
Agreement and provide additional funding as required to cover
CITY's share of costs or execute a subsequent agreement to
cover those eventualities. CITY's share of costs will be
the percentage of the CITY's portion of the actual
construction cost to the total actual project construction
cost.
(4) The CITY shall designate a Project Coordinator and the STATE
shall designate a Contract Administrator through whom all
communications between the two agencies shall be channeled.
The Project Coordinator and Contract Administrator shall
review the work of the CITY Consultant during performances of
the PROJECT PS&E work.
(5)
Upon completion of all work under this Agreement, ownership
and title to all engineering reports, documents, plans,
specifications, and estimates including the resident engineer
memorandums, and estimate backups produced as part of this
PROJECT shall automatically be vested in the STATE and no
further Agreement will be necessary to transfer ownerShip to
the STATE.
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(6) It is understood and agreed that neither STATE nor any officer
or employee thereof is responsible for any damage or liability
occurring by reasons 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
understood and agreed that, pursuant to Government Code
Section 895.4, CITY shall fully defend, indemnify and save
harmless the State of California, all officers and employees
from all claims, suits or actions of every name, kind and
description brought for or on account of injury (as defined
in Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by CITY under or in
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08-SBd-10-24.7/26.3
paqe 8
connection with any work, authority or jurisdiction deleqated
to CITY under this Aqreement.
It is understood and aqreed that neither CITY nor any officer
or employee thereof is responsible for any damaqe or liability
occurrinq by reasons of anythinq done or omitted to be done
by STATE under or in connoction with any work, authority or
jurisdiction deleqated to STATE under this Aqreement. It is
understood and aqreed that, pursuant to Government Code
Soction 895.4 STATE shall defend, indemnify and save harmless
CITY from all claims, suits or actions of every name, kind
and description brouqht for or on account of injury (as
defined in Government Code Section 810.8) occurrinq by reasons
of anythinq done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction deleqated
to STATE under this Aqreement.
(8) Prior to award of a construction contract, CITY may terminate
the PROJECT and this Aqreement in writinq, provided the CITY
reimburses STATE for all PROJECT costs incurred prior to
termination.
(7)
(9) If, upon openinq of bids, it is found that a cost overrun of
the estimate will occur, STATE and CITY shall endeavor to
aqree upon an alternative course of action. If, after 30
days, an alternative course of action is not aqreed upon, this
Aqreement shall be deemed to be terminated by mutual consent
pursuant to Article 8 of this Section III.
(10) That upon completion of all work under this Aqreement,
ownership and title to materials, equipment and appurtenances
which are installed within STATE's riqht of way will
automatically be vested in STATE, and materials, equipment and
appurtenances installed outside of STATE's riqhts of way will
automatically be vested in CITY. No further aqreement will
be necessary to transfer ownership as hereinabove stated.
(11) Except as otherwise provided in Article (8) above of this
Section III, this Aqreement shall terminate upon completion
and acceptance of the construction contract for PROJECT or on
January 1, 1992, whichever is earlier in time: however, the
ownership, operation, maintenance and claims clauses shall
remain in effect until terminated or modified in writinq by
mutual aqreement. Any STATE refunds due CITY shall be
determined after final accountinq of costs. Should any claim
arisinq out of this project be asserted aqainst STATE, CITY
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aqrees to extend the termination date of thia Aqreement and
provide additional fundinq as required to cover CITY's share
of costs or execute a subsequent aqreement to cover those
eventualities.
IN WITNESS WHEREOF, the parties hereto have caused this Aqreement
to be executed by their respective officers, duly authorized, the
provisions of which Aqreement are effective as of the day, month,
and year first hereinabove written.
STATE OF CALIFORNIA
Department of Transportation
CITY OF SAN BERNARDINO
By~,~,) Jh.i,~
Evlyn ',t].cox, 'Mayor
ATTEST: ./;~:~':'J t1dJt/
City Clerk
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ROBERT X. BEST
Director of Transportation
BY~
District Director
TO FORM AND
APPROVED AS TO LEGAL FORM. AND
CONTENT:
i~~1V. 7'1(C~
{/ City Attorney
CERTIFIED AS TO FUNDS AND PROCEDURE:
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District Accountinq Officer ~tc.
I hereby certify upon my
own personallcnowledqe that
budqeted funds are ~
available for the period ~
and purpose of payment to {.....
STATE as stipulated in this C
Aqreement.
\~,Jn~
City Fiscal Officer
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Table I
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08-SBd-10-24.7/26.3
Page 10
Waterman Avenue at Route 10
Estimated Interchange Improvement Costs
Construction
Exit Ramp and
Signalization
CITY $1,015,000
Entrance Ramp and
Freeway Channelization
STATE 1.255.000
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TOTAL
$2,270,000
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Riaht of ~v
$2,894,000
216.000
$3,110,000
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