HomeMy WebLinkAboutC-2083 - Traffic Signal Maintenance for Signals in Shared Jurisdiction��
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AGREEMENT
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THIS AGREEMENT, made and entered into this day of
197q, BY AND BETWEEN
CITY OF NEWPORT BEACH,
a municipal corporation hereinafter
designated as "NEWPORT BEACH" and
CITY OF COSTA MESA
a municipal corporation hereinafter
designated as "COSTA MESA"
WITNESSETH:
WHEREAS,COSTA MESA and NEWPORT BEACH have various traffic signal and intersection
lighting installations that are partially in area under jurisdiction
of NEWPORT BEACH, and
WHEREAS, COSTA MESA and NEWPORT BEACH 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 Agreements"
authorize two or more public agencies to jointly exercise any power
common to the contracting parties.
NOW, THEREFORE, IT IS AGREED 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 or 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 on the actual maintenance and operational costs
incurred at each installation: NEWPORT BEACH'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 approach legs of highways under juris-
diction of NEWPORT BEACH at the location involved, bears to the total number
of approach legs of highways at such location: COSTA MESA'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 approach legs of highways
under jurisdiction of COSTA MESA at the location involved, bears to the
total number of approach 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) approach 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 approach 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 COSTA MESA and NEWPORT BEACH, along with the
proportion of costs for each agency, are shown on Exhibit "A ", attached
hereto and made a part hereof.
VII. NEWPORT BEACH will furnish, service and /or perform such maintenance work
as is specifically delegated to it, and COSTA MESA will furnish, service and /or
perform the work not otherwise assigned to NEWPORT BEACH, all as shown on
Exhibit "A ", attached.
VIII.The maintenance responsibilities for all future cooperative installations
shall be borne by NEWPORT BEACH unless otherwise provided for in the coopera-
tive agreement for the installation.
IX. 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 reimbursed
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 respective Public Works Directors or their representatives.
-2-
XI
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It is mutually understood and agreed:
(a) That neither COSTA MESA 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 NEWPORT BEACH under or in
connection with any work, authority or jurisdiction delegated
to NEWPORT BEACH under this agreement. It is also understood and agreed
that, pursuant to Government Code Section 895.4, NEWPORT BEACH shall
fully indemnify and hold COSTA MESA 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
NEWPORT BEACH under or in connection with any work, authority or juris-
diction delegated to NEWPORT BEACH under this agreement.
(b) That neither NEWPORT BEACH 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 COSTA MESA under or in
connection with any work, authority or jurisdiction not dele-
gated to NEWPORT BEACH under this agreement. It is also understood and
agreed that, pursuant to Government Code Section 895.4, COSTA MESA
shall fully indemnify and hold NEWPORT BEACH 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
COSTA MESA under or in connection with any work, authority or
jurisdiction not delegated to NEWPORT BEACH under this agreement.
IN WITNESS WHEREOF, COSTA MESA has caused this agreement to be
executed by its Mayor, and attested by its Clerk, and NEWPORT BEACH has caused
this agreement to be executed by its Mayor and attested by its Clerk, all
thereunto duly authorized by Minute Order of the respective CITY Council.
3-
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Dated: �, 1979
ATTEST:
City Clerk
Dated: S 1974
ATTEST:
� Cy? -7
City Clerk
CITY OF NEWPORT BEACH
a municipal corporation
CITY OF COSTA MESA
a Municipal Corporation
BY / .(
Mayor
APPROVED AS TO FORM APPROVED AS TO FORM
CITY ATTORNEY, 7? CITY ATTORNEY "
CITY OF NEWPORT BEACH CITY OF COSTA(MESA
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ELIE
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CITY OF COSTA MESA
a Municipal Corporation
BY / .(
Mayor
APPROVED AS TO FORM APPROVED AS TO FORM
CITY ATTORNEY, 7? CITY ATTORNEY "
CITY OF NEWPORT BEACH CITY OF COSTA(MESA
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ELIE
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February 26, 1979
f ER 1, 4 7Q7d
CITY COUNCIL AGENDA
By the c:ifY CJUivali. ITEM NO. H -2b
CITY OF 14p*l lff R6ACH
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: SIGNAL MAINTENANCE AGREEMENT WITH CITY OF COSTA MESA
RECOMMENDATION:
Adopt a resolution authorizing the Mayor and City Clerk
to execute an agreement with the City of Costa Mesa covering the
operation and maintenance of traffic signals under shared jurisdic-
tion.
DISCUSSION:
The subject agreement has been prepared to formalize the
maintenance responsibility and the sharing of costs for those traffic
signals located on the boundaries between the City of Costa Mesa
and the City of Newport Beach. It further provides for the addition
of future signals to the agreement as they are constructed.
The sharing of operational and maintenance costs is based
on the number of approach legs in each jurisdiction. This is the
commonly used method which is presently specified in similar agree-
ments with the State and County.
e��/� A 4,,_
Richard M. Edmonston
Traffic Engineer
RME:gv
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RESOLUTION NO. 9516
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE A SIGNAL MAINTENANCE
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
AND THE CITY OF COSTA MESA IN CONNECTION WITH
THE OPERATION AND MAINTENANCE OF TRAFFIC
SIGNALS UNDER SHARED JURISDICTION
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Signal Maintenance
Agreement between the City of Newport Beach and the City of
Costa Mesa in connection with the operation and maintenance
of traffic signals under shared jurisdiction; and
WHEREAS, the City Council has reviewed the terms and
conditions of said Agreement and finds them to be satisfactory
and that it would be in the best interest of the City to
authorize the Mayor and City Clerk to execute said Agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that said Signal Maintenance Agreement
above described is approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the same on behalf of
the City of Newport Beach.
ADOPTED this 26th day of Febn!ary , 1979.
ATTEST:
City Clerk
i
ERTIfIED AS, 1 :E C "MINIAL
L )
i
CITY CLERY CP TH. Giy CF
FEB � ? 1978
DAT., ..............................
�
'Mayor
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2/22/79