HomeMy WebLinkAbout14- Public Works 14.a
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 18, 2017
To: Honorable Mayor and City Council Members
From: Andrea M. Miller, City Manager
By: Saba Engineer, Acting Deputy Director of Public Works/
City Engineer E
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Subject: Interstate 215 Freeway Agreement a
Recommendation
Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, U.
California, approving a Freeway Agreement with the State of Califomia for the InterstateLn
215 Freeway through the City of San Bernardino and rescinding previous Interstate 215
Freeway Agreements approved by Resolution Nos. 5490, 2002-014 and 2003-020. Y
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Background S
On July 24, 1957, the freeway currently identified as Interstate 215 (1-215) was
completed through the San Bernardino area and a Freeway Agreement was executed
between the State of California Department of Transportation (State) and the County of
San Bernardino (County) defining maintenance obligations of the State and County Q
within County areas. On February 11, 1957, the State and the County entered into a
supplemental Freeway Agreement for the 1-215. On February 10, 1960, the City of San LO
Bernardino completed annexation of all areas covered by the Freeway Agreement, N
thereby inheriting the County portion of the agreement. On February 1, 1960, January
7, 2002 and January 21, 2003, revised Freeway Agreements were executed between r
the City and State.
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Discussion
The Freeway Agreement defines the relationships and responsibilities of the various
jurisdictions though which the freeway passes relating to the design, construction,
maintenance and policing of the freeway and adjacent roadways constructed as part of
the freeway.
The San Bernardino County Transportation Authority (SBCTA), formerly known as
SANBAG, and the California Department of Transportation (Caltrans) have recently
completed major modifications to the 1-215 through the City.
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Since substantial changes have been made to the 1-215 and adjoining local streets, the
State is requesting that the City execute a revised Freeway Agreement. Similar to the
existing agreements, the City agrees to maintain certain City streets, relocated City
streets, frontage roads and other modifications affecting City streets as shown in the
attached Exhibits A, B and C. Further, the City will continue to be responsible for
overpasses to include the roadway surface and all components above the roadway
surface, such as sidewalk, bridge railing, fencing and bridge lights, and all components
of the underpasses below the soffit of the bridge, such as pavement, sidewalk, curb &
gutter, underpass lighting and graffiti removal. Structural maintenance of the bridge will
be the responsibility of Caltrans.
The City will be required to obtain a no cost encroachment permit from Caltrans before
beginning maintenance work covered by this Freeway Agreement. Caltrans has
indicated they will issue an annual permit for graffiti removal, interchange trash clean up E
and shrub trimming with a typical traffic control plan included in the application
package. For all other work, Caltrans will require an individual permit application and a
traffic control plan. Street sweeping does not require a permit.
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The City Attorney's Office has reviewed the provisions of the Agreement and most LL
concerns brought to Caltrans' attention have been resolved. However, the City
Attorney's Office does note that Article 19 — TERMINATION states that the State can N
unilaterally terminate the Agreement but the City does not have the same ability. The
City proposed language that would give both parties the ability to terminate the
agreement, but the Caltrans legal department would not approve the change. The City
Attorney's Office has still approved the agreement as to form, but wants to inform the
City Council of the unilateral termination provision.
Since all the construction on the I-215 is new, there are some maintenance efficiencies 0
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that have been created in the design. Most of the City's maintenance obligations, such d
as repair of damaged bridge railing or knocked down lights, were obligations under the L;
previous Freeway Agreement. Since the bridges and roads have been re-built to higher N
safety standards, there should be little, if any, increase in maintenance cost initially.
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Substantial changes have been made to the 1-215 Freeway; therefore, this new
Freeway Agreement supersedes all of the previous 1-215 Freeway Agreements. a
This Freeway Agreement will remain in effect until amended or terminated as provided
in the Agreement.
Fiscal Impact
Funds to cover the cost of complying with this Freeway Agreement have been included
in the FY 2017/18 Adopted Budget.
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Conclusion
It is recommended that the Mayor and City Council adopt the Resolution approving the
revised Freeway Agreement with the State of California for the Interstate 215 Freeway
through the City of San Bernardino and Rescinding Previous Interstate 215 Freeway
Agreements approved by Resolution Nos. 5490, 2002-014 and 2003-020.
Attachments
Attachment 1 — Resolution; Exhibit A - Freeway Maintenance Agreement with State of
California
Ward: 1,2,3,5 and 6
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Synopsis of Previous Council Actions:
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02-01-1960 Resolution No. 5490 adopted approving a Freeway Maintenance Agreement a,
with the State of California Division of Highways.
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01-07-2002 Resolution No. 2002-014 adopted approving Freeway Agreement and a
Memorandum of Understanding with the State of California, Department of LL
Transportation (Caltrans) for the right-of-way acquisition and construction of ( N
the State Route 215 Freeway. m
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01-21-2003 Resolution No. 2003-020 adopted authorizing the Mayor to execute a revised m
Freeway Agreement with the State of California, Department of
Transportation (Caltrans) for the right-of-way acquisition and construction of
the State Route 215 Freeway. Ln
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I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
3 BERNARDINO, CALIFORNIA, APPROVING A FREEWAY AGREEMENT WITH
THE STATE OF CALIFORNIA FOR THE INTERSTATE 215 FREEWAY
4 THROUGH THE CITY OF SAN BERNARDINO AND RESCINDING PREVIOUS
5 INTERSTATE 215 FREEWAY AGREEMENTS APPROVED BY RESOLUTION NOS.
5490,2002-014 AND 2003-020.
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WHEREAS, the State of California (STATE) has requested that the City of San
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8 Bernardino (CITY) execute the attached Freeway Agreement defining the obligations of the
9 State and City with respect to operation and maintenance of the Interstate 215 Freeway. E
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10 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY a
11 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 3
12 SECTION 1. The City Manager or designee is hereby authorized and directed to
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13 execute the Freeway Maintenance Agreement attached hereto and incorporated herein as
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14 Exhibit A on behalf of the City.
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15 SECTION 2. The previous Interstate 215 Freeway Agreements approved by
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Resolution Nos. 5490, 2002-014 and 2003-020 are hereby rescinded.
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18 SECTION 3. The authorization to execute the above referenced Agreement is LO
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19 rescinded if it is not executed within one hundred twenty (120) days of the passage of this
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Resolution. �
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1 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING A FREEWAY AGREEMENT WITH
2 THE STATE OF CALIFORNIA FOR THE INTERSTATE 215 FREEWAY
THROUGH THE CITY OF SAN BERNARDINO AND RESCINDING PREVIOUS
3 INTERSTATE 215 FREEWAY AGREEMENTS APPROVED BY RESOLUTION NOS.
4 5490, 2002-014 AND 2003-020.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and City Council of the City of San Bernardino at a
7 meeting thereof, held on the day of , 2017, by the following vote,
8 to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
10 a
11 MARQUEZ — - --
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12 BARRIOS - LL
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13 VALDIVIA —
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SHORETT
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16 NICKELLO
17 RICHARD ---- -- Y
18 MULVIHILL _ N
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Georgeann Hanna,CMC,City Clerk
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22 The foregoing Resolution is hereby approved this day of_ ,2017.
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-- — --
R. Carey Davis, Mayor
25 City of San Bernardino
26 Approved as to form.
Gary D. Saenz, City Attorney
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By: —
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EXHIBIT "A"
08-Sbd-215-PM 5.0/14.9
FREEWAY MAINTENANCE
AGREEMENT
WITH
CITY OF SAN BERNARDINO
THIS AGREEMENT is made effective this day of , 20 , by and
between the State of California, acting by and through the Department of Transportation,
hereinafter referred to as "STATE" and the City of San Bernardino; hereinafter referred to as
"CITY"and collectively referred to as"PARTIES".
SECTION I
RECITALS
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1. WHEREAS, on January 7, 2002 and January 21, 2003 Freeway Agreements were executed
between CITY and STATE,wherein the parties thereto consented to certain adjustments of the
local street and road system required for the development of that portion of Interstate 215 (I- a
215)within the jurisdictional limits of the CITY as a freeway;and
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2. WHEREAS, on December 19, 1955 Freeway Agreement and on February 11, 1957 a
Supplemental Freeway Agreement were executed between County of San Bernardino U-
(COUNTY) and STATE, wherein the parties thereto consented to certain adjustments of the N
local street and road system required for the development of that portion of Interstate 215 (1-
215)
I-2l5)within the jurisdictional limits of the COUNTY as a freeway; and the CITY has annexed N
areas within the COUNTY and assumed the maintenance obligations from the COUNTY;and
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3. WHEREAS, recent adjustments to said freeway have now been completed, or are nearing
completion, and the PARTIES hereto mutually desire to identify the maintenance
responsibilities for improvements to separation structures and landscaped areas lying vvithin
those modified freeway limits; and
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4. The degree or extent of maintenance work to be performed, and the standards therefore, shall N
be in accordance with the provisions of Section 27 of the Streets and Highways Code and the
then current edition'of the State Maintenance Manual,
5. WHEREAS,pursuant to Section 4 of the above December 19, 1955 Freeway Agreement and a
Section 6 of the above January 7,2002 and January 21, 2003 Freeway Agreements, CITY has
resumed or will resume control and maintenance over each of the affected relocated or
reconstructed CITY streets, except for those portions adopted as a part of the freeway proper;
and
6. WHEREAS,there is an existing Freeway Maintenance Agreement with CITY,dated February
1, 1960, it is the mutual desire of the PARTIES hereto to supersede said agreement with this
new Freeway Maintenance Agreement in accordance with the revised plan of said iieeway.
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NOW THEREFORE IT IS AGREED:
SECTION II
AGREEMENT
1. PARTIES agree this Agreement shall supersede in its entirety Freeway Maintenance
Agreement executed by PARTIES on February 1, 1960.
2. CITY agrees to continue its control and maintenance of each of the affected relocated or
reconstructed CITY streets and roads as shown on that plan map attached hereto, marked
Exhibit A,and made a part hereof by this reference.
3. STATE agrees to continue control and maintenance of those portions adopted as a part of I-
215 Freeway proper as shown in Exhibit A.
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4. CITY agrees to maintain individual infrastructure items as provided in Exhibit C attached and d
made a part of this Agreement by reference, as long as it is not in conflict with the terms of a
this Agreement. In case of a conflict,the terms of this Agreement shall prevail.
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5. If there is mutual agreement on the change in the maintenance duties between PARTIES, the a
PARTIES can revise Exhibit C by a mutual written execution of Exhibit A and C. LL
6. When another planned future improvement has been constructed and/or a minor revision has
been effected within the limits of the freeway herein described which will affect the PARTIES'
division of maintenance responsibility as described herein, STATE will provide a new dated
and revised Exhibit A which, upon mutual written consent of the PARTIES, will thereafter =
supersede the attached original Exhibit A and become part of this Agreement.
7. CITY and STATE agree to accept their then respective operational and maintenance
responsibilities and related associated costs thereof in the event jurisdictional boundaries of
the PARTIES should change and Exhibit A is amended to reflect those changes. Ln
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8. CITY must obtain the necessary Encroachment Permits from STATE's District 08 ;
Encroachment Permit Office prior to entering STATE right of way to perform CITY
maintenance responsibilities. This permit will be issued at no cost to CITY. E
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9. VEHICULAR AND PEDESTRIAN OVERCROSSINGS
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9.1. STATE will maintain,at STATE expense,the entire structure of any STATE.constructed
vehicular and pedestrian overcrossings of I-215 below the deck wearing surface and any
wearing surface treatment thereon.
9.2. CITY will maintain, at CITY expense, the deck wearing surface and structural drainage
system(and shall perform such work as may be necessary to ensure an impervious and/or
otherwise suitable surface) and all portions of the structure above the bridge deck,
including, but without limitation, lighting installations, as well as all traffic service
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facilities(sidewalks,signs,pavement markings,bridge rails,etc.)that may be required for
the benefit or control of traffic using that overcrossing.
9.3. As directed by section 92.6 of the Streets and Highways Code, at locations determined by
STATE, screening shall be placed on STATE freeway overpasses on which pedestrians
are allowed. All screens installed under this program will be maintained by STATE, at
STATE expense.
10. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS
10.1 STATE will maintain the entire structure of all STATE-constructed vehicular and
pedestrian undercrossings of STATE freeways except as hereinafter provided.
10.2 CITY will maintain the roadway sections, including the traveled way, shoulders, curbs,
sidewalks, wall surfaces (ncluding eliminating graffiti), drainage installations, lighting
installations and traffic service facilities that may be required for the benefit or control of E
traffic using that undercrossing.
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10.3 CITY will request STATE's District Encroachment Permit Engineer to issue the
necessary Encroachment Permit for any proposed change in minimum vertical clearances
between CITY roadway surface and the structure that results from modifications to the LL
roadway (except when said modifications are made by STATE). If the planned
modifications will result in a reduction in the minimum clearance within the traveled way, N
an estimate of.the clearance reduction must be provided to STATE's Transportation
Permit Engineer prior to starting work.. Upon completion of that work,a vertical clearance
diagram will be furnished to STATE's Transportation Permit Engineer that shows revised
minimum clearances for all affected movements of traffic,both at the edges of the traveled
way and at points of minimum clearance within the traveled way. o
11. WALLS AND COLUMNS —CITY is responsible for debris removal, cleaning, and painting r
to keep CITY's side of any wall structure or column free of debris,dirt,and graffiti
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12.LANDSCAPED AREAS -CITY is responsible for the maintenance of any plantings or other N
types of roadside development lying outside of the right of way area reserved for exclusive
freeway use. E
13. INTERCHANGE OPERATON-It is STATE's responsibility to provide efficient operation of
freeway interchanges,including ramp connections to local streets and roads. a
14.ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES
14.1. The cost of installation, operation, maintenance, repairs, replacement and energy costs
of safety lighting, traffic signals or other necessary electrically operated traffic control
devices placed at interchanges of I-215 Freeway and CITY streets and roads and at ramp
connections or I-215 and CITY facilities shall be shared by the PARTIES in a separate
Shared Cost Electrical Agreement. A separate "Shared Cost Electrical Agreement" will
be executed in the future allocating these costs between the PARTIES.
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14.2. Timing of traffic signals, which shall be coordinated with CITY to the extent that no
conflict is created with freeway operations,shall be the sole responsibility of STATE.
15.BICYCLE PATHS - Except for bicycle paths constructed as permitted encroachments within
STATE's right of way for which the permittee is solely responsible for all path improvements,
STATE will maintain, at STATE expense, all fences, guard railing, barrier railing, drainage
facilities, slope and structural adequacy of any bicycle path located and constructed within
STATE's right of way. CITY will maintain,at CITY expense,a safe facility for bicycle travel
along the entire length of the path by providing sweeping and debris removal when necessary;
and all signing and striping and pavement markings required for the direction and operation of
that non-motorized facility.
16.LEGAL RELATIONS AND RESPONSIBILITIES
16.1. Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not PARTIES to this Agreement or to affect the d
legal liability of a party to the Agreement by imposing any standard of care with respect
to the operation and maintenance of STATE highways and local facilities different from Q
the standard of care imposed by law. 3
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16.2.Neither CITY nor any officer or employee thereof is responsible for any injury,damage
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or liability occurring by reason of anything done or omitted to be done by STATE,under LO
or in connection with any work, authority or jurisdiction conferred upon STATE and N
arising under this Agreement. It is understood and agreed that STATE shall fully defend,
indemnify and.save harmless CITY and all of its officers and employees from all claims,
suits or actions of every name, kind and description brought forth under, including, but
not limited to,tortious,contractual,inverse condemnation and other theories or assertions
of liability occurring by reason of anything done or omitted to be done by STATE under o
this Agreement.
16.3.Neither STATE nor any officer or employee thereof is responsible for any injury,damage
or liability occurring by reason of anything done or omitted to be done by CITY under or LON
in connection with any work, authority or jurisdiction conferred upon CITY and arising —
under this Agreement. It is understood and agreed that CITY shall fully defend,indemnify
and save harmless STATE and all of its officers and employees from all claims, suits or E
actions of every name,kind and description brought forth under,including,but not limited
to, tortious, contractual, inverse condemnation or other theories or assertions of liability Q
occurring by reason of anything done or omitted to be done by CITY under this
Agreement.
17. PREVAILING WAGES:
17.1. Labor Code Compliance- If the work performed on this Project is done under contract
and falls within the Labor Code section 1720(aX I)definition of a"public work"in that it
is construction, alteration, demolition, installation, or repair; or maintenance work under
Labor Code section 1771. CITY must conform to the provisions of Labor Code sections
1720 through 1815,and all applicable provisions of California Code of Regulations found
in Title 8,Chapter 8, Subchapter 3,Articles 1-7. CITY agrees to include prevailing wage
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requirements in its contracts for public work. Work performed by CITY'S own forces is
exempt from the Labor Code's Prevailing Wage requirements.
17.2.Re-quaements in Subcontracts - CITY shall require its contractors to include prevailing
wage requirements in all subcontracts funded by this Agreement when the work to be
performed by the subcontractor is a "public work" as defined in Labor Code Section
1720(a)(1)and Labor Code Section 1771. Subcontracts shall include all prevailing wage
requirements set forth in CITY's contracts.
18. INSURANCE
18.1. SELF-INSURED-CITY'is self-insured.CITY agrees to deliver evidence of self-insured
coverage providing general liability insurance, coverage of bodily injury liability and
property damage liability, naming the STATE, its officers, agents and employees as the
additional insured in an amount of$1 million per occurrence and$2 million in aggregate
and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a E
form satisfactory to the STATE that shall be delivered to the STATE with a signed copy
of this Agreement., Q
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18.2. SELF-INSURED using Contractor-If the work performed under this Agreement is done
by CITY's contractor(s), CITY shall require its contractor(s)to maintain in force, during LL
the term of this agreement, a policy of general liability insurance,including coverage of LO
bodily injury liability and property damage liability, naming the STATE, its officers, N
agents and employees as the additional insured in an amount of$1 million per occurrence
and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a
certificate of insurance in a form satisfactory to the STATE and shall be delivered to the 2
STATE with a signed copy of this Agreement.
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19. TERMINATION - This Agreement may be terminated by timely mutual written consent by
PARTIES, and CITY's failure to comply with the provisions of this Agreement may be
grounds for a Notice of Termination by STATE. a
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20.TERM OF AGREEMENT-This Agreement shall become effective on the date first shown on N
its face sheet and shall remain in full force and effect until amended or terminated at any time
upon mutual consent of the PARTIES or until terminated by STATE for cause. E
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PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Q
'Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf
of the respective agencies and covenants to have followed all the necessary legal requirements to
validly execute this Agreement.
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IN WITNESS WHEREOF,PARTIES hereto have set their hands and seals the day and year first
above written.
THE CITY OF SAN BERNARDINO STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: MALCOLM DOUGHERTY
Andma Afibr,City Manager Director of Transportation
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By:
Stephen R.Pusey E
Deputy District Director
Maintenance,District 08 Q
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Approved as to Form: As to Form and Procedure: LO
Gary D. Saenz,City Attorney 4
By: _ By: f�� !' 140i-r
Attorney
Department of Transpoation "
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EXHIBIT "A"
Plan map identifying the applicable, 1-215 Freeway proper and CITY
road(s) and facilities
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EXHIBIT "C"
INDIVIDUAL INFRASTRUCTURE ITEMS
T4 BE MAINTAINED BY CITY
Exhibit"C"includes:
• Exhibit"C-1"—Inland Center Drive Aesthetic Photo
• Exhibit"C-�"—Inland Center Drive Aesthetic Overview
• Exhibit"C-3"—Mill Street Aesthetic Photo
• Exhibit"C4"—Mill Street Aesthetic Overview
• Exhibit"C-5"—Rialto Avenue Aesthetic Photo
Exhibit"C-6"—Rialto Avenue Aesthetic Overview y
• Exhibit"C-7"—2nd Street Aesthetic Photo
• Exhibit"C-8"—2"d Street Avenue Aesthetic Overview
Exhibit"C-9"—3rd Street Aesthetic Photo a
• Exhibit"C-10"—3°d Street Avenue Aesthetic Overview
• Exhibit"C-12"—5T"Street Aesthetic Photo
Exhibit"C-12"—ST" Street Aesthetic Overview LL
0 Exhibit"C-13"—Baseline Street Aesthetic Photo
o Exhibit"C-14"—Baseline Street Aesthetic Overview a
• Exhibit"C-15"—Highland Avenue Aesthetic Photo y
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• Exhibit"C-17"—University Parkway Aesthetic Photo
• Exhibit"C-18"—University Parkway Aesthetic Overview o
0 Exhibit"C-19"—Palm Avenue Aesthetic Photo
• Exhibit"C-20N—Palm Avenue Aesthetic Overview
• Exhibit"C-21"—Concrete Barrier(Inland Center Drive OC)
• Exhibit "C-22"—Decorative Light Detail N
• Exhibit"C-23"—Chain Link Railing Type 6
0 Exhibit T-24"—Concrete Barrier Details(Baseline Street OH/OC) E
• Exhibit"C-25"—Concrete Barrier Details(Baseline Street OH/OC)
• Exhibit"C-26"—Abutment Architectural Details(Mill Street UC)
• Exhibit T-27"—Abutment Architectural Details(Mill Street UC)
0 Exhibit"C-28"—Retaining Wall Architectural Details(Rialto Avenue UC)
• Exhibit T-29"—Abutment Architectural Details(2nd Street UC)
• Exhibit"C-30"—Abutment Architectural Details(3rd Street UC)
Exhibit"C-31"—Retaining Wall Architectural Details(2"d Street LIC)
a Exhibit"C-32"—Retaining Wall Architectural Detail No 1(2`1/10 Street UC)
• Exhibit"'C-33"—Retaining Wali Architectural Detail No 2(2nd/3rd Street UC)
• Exhibit"C-34"—Retaining Wall Architectural Detail No 3(2nd/3rd Street UC)
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Packet Pg. 132