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
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reeo•u
THIS AGREEMENT, made and entered into this (l "7-72 day of
, 1969, BY AND BETWEEN
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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
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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.
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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.
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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 �
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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