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HomeMy WebLinkAboutC-1206 - Agreement (for Traffic Signal Maintenance)EXHIBIT "A" Agreement No. 169-310 County of Orange and the City of Newport Beach REVISED APRIL 19, 2021 Traffic Signal Location Responsible Agency 4 6 Irvine Ave. and University Dr. Irvine Ave. at Mesa Dr. Irvine Ave. at Orchard Dr. Campus Dr. at Quail St. Campus Dr. at Dove St. Campus Dr. at Airport Wy. Bristol St. (N) at Campus Dr. Bristol St. (S) at Irvine Ave.* City City City City City City City City Total Legs 4 4 3 4 4 3 3 3 Per Agreement No. 169-310 - Exhibit A dated April 19, 2021 supersedes all pri *State of California DOT (Caltrans) responsible for 33.3% D."4/.11 3iX-�dzc;(4,-. 1/Z//2'JZ/ County Traffic Engineer Date County of Orange Division of Costs City Cost County Cost Legs % of Cost Legs % of Cost 1.5 37.5% 2.5 62.5% 1.5 37.5% 2.5 62.5% 3 100.0% 0 0.0% 2 50% 2 50% 2 50% 2 50% 1 33.3% 2 66.7% 2 66.7% 1 33.3% 1 33.3% 1 33.3% of Newport Beach Da(e eputy Director/City Engineer 169-310 AGREEMENT 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 reeo•u THIS AGREEMENT, made and entered into this (l "7-72 day of , 1969, BY AND BETWEEN 4 CITY OF NEWPORT BEACH, a municipal corporation hereinafter designated as "CITY," and COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter designated as "COUNTY." WITNESSETH: WHEREAS, CITY and COUNTY have various traffic signal and intersection lighting installations that are partially in area under juris- diction of COUNTY and partially in area under jurisdiction of CITY, and WHEREAS, CITY and COUNTY desire to specify the procedure for equitably distributing the maintenance costs for said installations, and WHEREAS, the provisions of Title 1, Division 7, Chapter 5, Article 1, of the California Government Code entitled "Joint Powers Agree- ments" authorize two or more public agencies to jointly exercise any power common to the contracting parties. NOW, THEREFORE, IT IS AGRFEh by the .parties hereto as follows; I. This Agreement shall supersede all previous agreements with respect to maintenance of traffic signals and intersection lighting. II. Routine maintenance work to be performed will include contracting for and/or furnishing of, electrical energies and the necessary repairs or replacements as required to insure a satisfactory service. Instal lation of additional facilities is not a maintenance function under' the provisions of this agreement. III. The maintenance and operational costs for traffic signal and inter- section .lighting installations shall be borne by the parties hereto and shall be based onthe actual maintenance and operational costs incurred at each installation: CITY's share of said cost at each installation shall'be a sum, bearing the same proportion to the total cost of maintenance, as the number of legs of highways under juris- diction of CITY at the location involved, bears to the total number rt 0-Il 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 of legs of highways at such location: COUNTY's share of said cost at each installation shall be a sum, bearing the same proportion to the total cost of maintenance, as the number of legs of highways under jurisdiction of COUNTY at the location involved, bears to the total number of legs of highways at such location. IV. The minimum maintenance cost division at any intersection under the terms of this agreement shall be based upon one half (1/2) of one (1) leg of that intersection. A substantial portion of the traveled way shall lie within the jurisdiction of the agency concerned, where - ever the above minimum "1/2 leg" division is a part. V. For purposes of determining the number of highway legs applicable to each jurisdiction, the CITY limits shall be as they exist at the time the maintenance costs are incurred. VI. The traffic signal and highway lighting installations at which the cost of maintenance is shared by CITY and COUNTY, along with the pro- portion of costs for each agency, are shown on Exhibit "A," attached hereto and made a part hereof. VII. CITY will furnish, service and/or perform such maintenance work as is specifically delegated to it, and COUNTY will furnish, service and/or perform the work not otherwise assigned to CITY, all as shown on Exhibit "A," attached. VIII.The maintenance responsibilities for all future cooperative instal- lations shall be borne by the COUNTY unless otherwise provided for in the cooperative agreement for the installation. VIX. The agency assuming the maintenance responsibilities in accordance with Section VI, VII, and VIII above will bill the other involved agency, as provided for in this Agreement, and will promptly be re- imbursed by the billed agency, for the appropriate maintenance costs. X. Exhibit "A" of this agreement may be amended as required for future traffic signal and highway lighting installations upon the mutual consent of the COUNTY Road Commissioner and the CITY Engineer. -2- a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 I8Co•ta Xi. In the event an annexation includes a portion of an existing COUNTY installation, CITY will be responsible for costs as outlined in Paragraph III. Should all COUNTY legs of highway at a particular installation be annexed to CITY, then CITY shall assume all mainten- ance responsibilities on the effective date of the annexation to CITY CITY shall submit a revised copy of EXHIBIT "A" for approval by the COUNTY Road Commissioner within thirty (30) days of the effective date of said annexation. XII. It is mutually understood and agreed: (a) That neither COUNTY 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 COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 310.8), occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or juris- diction delegated to CITY under this agreement. (b) That neither CITY 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 COUNTY under or in connection with any work, authority or jurisdiction not dele- gated to CITY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 310.8) occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under this agreement. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 10eo-ta IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its Mayor, and attested by its Clerk, and COUNTY has caused this agreement to be executed by the Chairman of its Board of Supervisors and attested by its. Clerk, all thereunto duly authorized by Minute Order of CITY Council and the Board of Supervisors. Dated: // ATTEST: Dated, — ATTEST: CITY OF NEWPORT BEACH, a municipal corporation. 1969 By QC) Mayor 4' 1969 CI L .. COUNTY OF ORANGE, a political subdivision of the State of California. By ir91 /'`< C'1,21-1,4, J -c:-'3 Chairman, Board of Supervisors W. E. ST JOHN County Clerk and ex-officio Clerk of the Board of Supervisors • Deputy • —4— APPROVED AS TO FORM ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA 1 � /moo MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA February 18, 1969 IN RE: APPLICATION FOR LEAVE TO PRESENT LATE CLAIM CARSON DENIED On motion of Supervisor Allen, duly seconded and unanimously carried by Board members present, the Application for Leave to Present a Late Claim, submitted by Robert J. Findley, Attorney at Law, for Claimant La Vonne Carson, and received by the Clerk on February 14, 1969, is denied and ordered referred to the County Counsel for proper processing. IN RE: AGREEMENT TRAFFIC SIGNAL MAINTENANCE CITY OF NEWPORT BEACH On motion of Supervisor Allen, duly seconded and unanimously carried by Board members present, the Chairman and the Clerk are authorized to sign the Agreement dated February 18, 1969, between the County of Orange and the City of Newport Beach, providing for the division of maintenance costs of traffic signal installations which are located partially within the jurisdictions of both the City of Newport Beach and the County of Orange. IN RE: AUTHORIZE CHANGE ORDER NO. 3 AND EXTENSION OF TIME ALISO CREEK ROAD AND LA PAZ ROAD ALTFILLISCH-FULTON CO., CONTRACTOR On motion of Supervisor Allen, duly seconded and unanimously carried by Board members present, Change Order No. 3 to the Contract for the construction on Aliso Creek Road, from Alicia Parkway to La Paz Road, and La Paz Road, from Aliso Creek Road to Oso Parkway, with Altfillisch- Fulton Co.,Contractor, is approved as recommended by the Road Commissioner and County Surveyor in his letter dated February 6, 1969. An extension of time of two (2) working days to complete the Contract is approved. IN RE: COUNTY COUNSEL AUTHORIZED TO FILE CIVIL SUIT J. BENTSON On motion of Supervisor Baker, duly seconded and unanimously carried by Board members present, the County Counsel is authorized to file civil suit against Jim Bentson to recover the sum of $1,281.52, which represents the County's claim for delinquent property taxes, as recommended by the County Counsel in his letter dated February 13, 1969. 1,1013.2.2