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RESOLUTION NO. /~~5'/
,
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF DISTRICT AGREEMENT NO. 328, RELATING
3 TO MODIFICATION OF THE SIGNING FOR THE MT. VERNON AVENUE INTERCHANGE WITH
ROUTE 1-15 E FllliEWAY, BETWEEN SAID CITY THE STATE OF CALIFORNIA, ACTING
4 BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION.
5 B1l IT RlilSOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION ONE: The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City District Agreement
No. 328, relating to modificatio~ of the signing for the Mt. Vernon Avenue
Interchange with the Route 1-15 E Freeway, between said City the State of
California, acting by and through its Department of Transportation, a copy
of which is attached hereto, marked Exhibit "A" and incorporated herein
by reference as fully as though set forth at length herein.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at a
,/",~ . meeting thereof held on the ...2/'fIZ-i.
of ' .~, 1976, by the following vote, to-wit:
~::;~:X~~~~:Z ~:
day
NOES: .~ '~12./
ABSENT: ~ ~ ./
~ ~/1,
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City Cler.
The foregoing resolution is hereby approved this ~~~
day of ~ ~ ,1976.
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LUCILLE GOFORTH, City ClerK
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THIS AGREEMENT,
711
BY AND BETWEEN
AND
MADE AND ENTERED INTO THIS
, DATE OF :/j/ '1 ' 19 7 ~
08-SBd-194-9.3/9.7
08351
Route 191\ at 27th Street
District Agreement No. 32E
CITY OF SAN BERNARDINO
a body politic and a
municipal corporation of
the State of CalifoI'Eia,
hereinafter referred to
as "CITY"
STATE OF CALIFORNIA
acting by and through its
Business and Transporta-
tion Agency, Department
of Transportation,
hereinafter referred to
as "STATE"
EXHIBIT "A"
Page 2
SECTION I
WHEREAS, CITY desires to add the message "27th Street" to the
northbound freeway guide signs on Interstate Route 15-E within
the CITY that currently read "Mt. Vernon Ave."; and
WHEREAS, STATE and CITY have determined that the aforesaid changes
hereinafter referred to as MODIFICATIONS, will thereby benefit
traffic destined for local CITY streets; and
WHEREAS, CITY and STATE do mutually desire to cooperate in
construction of the aforesaid MODIFICATIONS and desire to specify
herein the terms and conditions under which said improvements
shall be constructed, financed and maintained.
NOW, THEREFORE, in consideration of the covenants and conditions
herein contained, the parties hereto agree as follows:
SECTION II
STATE AGREES:
(1) To prepare all plans, specifications and estimates and to
furnish or cause to be furnished all labor, materials, tools and
equipment required to complete. the MODIFICATIONS.
(2) To maintain and operate the MODIFICATIONS in the manner
provided in that Agreement for Maintenance of State highways in
the City.
".
Page 3
SECTION III
CITY AGREES:
(1) To pay to STATE, promptly upon rendition of statement therefor,
the entire expense of the preparation of plans and specifications,
and the construction engineering costs and construction costs
required to complete the MODIFICATIONS referred to herein, but in
no event shall CITY'S financial contribution pursuant to this
Agreement exceed said figure of $4,000, unless otherwise provided
for in a subsequent Agreement between CITY and STATE.
The actual amount of the cost to the CITY for construction engineering
costs including all direct and indirect costs (functional and admin-
istrative overhead assessment) attributable to such work, applied
in accordance with STATE'S standard accounting procedures and
construction costs will be determined after completion of work and
a financial settlement made upon final accounting of costs.
SECTION IV
It is mutually understood and agreed:
(1) That neither STATE nor any officer or employee thereof 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 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
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Page 4
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with any work authority or jurisdiction delegated to CITY under
this Agreement.
(2) 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 connec-
tion with any work, authority or jurisdiction not delegated to
CITY 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 CITY under this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their respective officers, duly authorized, the
provisions of which Agreement are effective as of the day, month
and year first hereinabove written.
STATE OF CALIFORNIA
Department of Transportation
CITY OF SAN BERNARDINO
C. E. Forbes
Chief Engineer
Attest;.
.(/:rV.6'~t/&)
By D~ Di;~<- / .
of Transportation
Approved as to Form
/t I:hce re: