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HomeMy WebLinkAboutC-2202 - State Highway in Newport Beach Maintenance Agreement• • AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF NEWPORT BEACH THIS AGREEMENT, is made effective this 15.•° day of September, 2004, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "the STATE," and the City of Newport Beach, hereinafter referred to as "the CITY". I. The Parties desire to provide that the CITY perform particular maintenance functions on the State highways within the CITY as authorized in Section 13 0 of the Streets and Highways Code. II. This Agreement shall supersede any previous agreement for maintenance of the identified portion of the State highways in the CITY and any amendments thereto between the STATE and the CITY. III. The CITY will perform such maintenance work as is specifically delegated to it, on the State highway routes, or portions thereof, described in Exhibit A, attached hereto and incorporated by reference. Exhibit A may be subsequently modified in writing with the consent of the parties to this Agreement or their authorized representatives. The maintenance functions specifically delegated in this Agreement are described as Caltrans Program HM2D (Litter/Debris), and are detailed in Exhibit B (Maintenance Function Descriptions), attached hereto and incorporated by reference. IV. The degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and section D 1.01 (Litter, Debris and Graffiti) of the State Maintenance Manual (a copy of which has been provided to the CITY and which is attached hereto as Exhibit C). If the standards specified in the State Highways Maintenance Manual change while this Agreement is in effect, the STATE shall be responsible for informing the CITY of such changes, and payment to the CITY shall be adjusted accordingly. V. Additional work may be prescribed from time to time by the District Director. "District Director," as used herein, means the District Director of the Department of Transportation assigned to the territory in which the CITY is located, or an authorized representative. If additional work is added, compensation to the CITY shall be adjusted as provided in Section VII I (B). VI. Emergency repairs may be performed by the CITY with the prior written approval of the District Director or his representative. Payment shall be made only for work t authorized. Telephone authorization shall be accepted by both parties as valid for such repairs only when that telephone authorization is followed by written approval within ten (10) days. Authorization, or confirmation of a telephone authorization, sent by e-mail or fax shall be considered valid written confirmation. VII. The functions and levels of maintenance service delegated to the CITY in attached Exhibit A, "Delegation of Maintenance," has been considered in setting authorized total dollar amounts. The CITY may perform additional work if desired, but the STATE will not reimburse the CITY for any work in excess of the authorized dollar limits established herein. VIII. A. The STATE will reimburse the CITY for the actual cost of all routine maintenance work performed by the CITY as delegated under Exhibit A to this Agreement. It is agreed that during any fiscal year, the maximum expenditure on any route shall not exceed the amount as shown in Exhibit A to this Agreement unless: (1) such expenditure is revised by an amended Agreement, or (2) additional work or emergency repair work is assigned by the District Director as provided in Section V, or (3) a change in State standards requires additional work as provided in Section IV, or (4) otherwise adjusted or modified as hereinafter provided. B. The expenditure per route for routine maintenance work may be increased or decreased, redistributed between routes, or increased expenditures for specific projects may be made when such adjustment of expenditures for routine maintenance or such specific work is authorized in advance in writing by the District Director or his authorized representative and accepted by the CITY as an amendment to Exhibit A. C. Additional expenditures, or an adjustment of expenditures, once authorized shall apply during the fiscal year designated therein and shall not be deemed to permanently modify or change the basic maximum expenditure per route as hereinafter specified. An adjustment of any said maximum expenditure, either an increase or decrease, shall not affect other terms of the Agreement. IX. A new Exhibit A 'DELEGATION OF MAINTENANCE" will be provided annually by the STATE for the ensuing fiscal year, if necessary, to ensure an equitable annual cost allocation. X. A. The CITY will submit bills in a consistent periodic sequence (monthly, quarterly, semiannually, or annually). Bills for less than $500 shall not be submitted more than once each quarter. Bills must be submitted promptly 2 following the close of the STATE's fiscal year on each June 30th and should be coded according to the Caltrans HM Program Code as outlined in this Agreement. Bills submitted for periods prior to the last fiscal year will be deemed waived and will not be honored. B. Maintenance services provided by contract or on a unit -rate basis with overhead costs included shall not have these above -mentioned charges added again. An actual handling charge by the CITY for the direct cost of processing this type of bill will be allowed. XI. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or to affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of State highway different from the standard of care imposed by law. XII. It is understood and agreed that neither the STATE nor any officer or employee is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY under or in connection with any work, authority or jurisdiction delegated to the CITY under this agreement. It is understood and agreed that pursuant to Government Code Section 895.4 the CITY shall defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the CITY under or in connection with any work, authority or jurisdiction delegated to the CITY under this Agreement. XIII It is understood and agreed that neither the CITY nor any officer, employee, agent, board, council or commission thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the STATE under or in connection with any work, authority or jurisdiction delegated to the STATE under this agreement. It is understood and agreed that pursuant to Government Code Section 895.4, the STATE shall defend, indemnify and save harmless the CITY and all its officers, employees, agents, boards, councils or commissions, from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person, or damage to property resulting from anything done or omitted to be done by the STATE under or in connection with any work, authority or jurisdiction delegated to the STATE under this Agreement. XIV. STATE costs and expenses assumed under the terms of this Agreement are conditioned upon the passage of the annual State of California Budget by the Legislature, the allocation of funding by the California Transportation Commission as appropriate, and the encumbrance of funding to the District Office of the STATE to pay the billings by the CITY. XV. This Agreement shall remain in full force and effect until amended by the mutual consent of the parties thereto or terminated by either party upon thirty (30) days' notice to the other parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF NEWPORT BEACH Attest: IA241" By ciriead.C. City Mana r X. ,ii 4 j ut,i City Clerk APPROVED AS TO FORM: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WILL KEMPTON Director of Transpo By Ja es 1' inheiro }1....L......_ tLr Assistant City Attorney Deputy District Director Operations and Maintenance PROVID AS TO FORM: (5)414 Attorney Department of Transportation EXHIBIT "A" DELEGATION OF MAINTENANCE The specific maintenance function indicated below is hereby delegated to the CITY. This delegation of maintenance function set forth herein does not include the control and maintenance areas and functions which rest with the CITY under the terms of executed Freeway Agreements and/or Freeway Maintenance Agreements. Route Length No. Miles Description Program Delegated 1 5.95 Coast Highway HM-2D from Jamboree Road (PM 17.43) to the northwest City limit (PM 21.58) approx. 310 feet west of Summit Street a length of 4.15 miles; Coast Highway From Newport Coast Drive to easterly City limit, an approximate length of 1.8 miles. 55 0.97 Newport Boulevard HM-2D from Finley Avenue (PM 0.00) to north City limit (PM 0.97) at 15th Street an approximate length of 0.97 miles. TOTAL AUTHORIZED EXPENDITURE: $32,225.00 Maximum Annual Authorized Expenditure $24,225.00 $8,000.00 6 EXHIBIT "B" MAINTENANCE FUNCTION DESCRIPTIONS HM1A FLEXIBLE ROADBEDS ( OLD HM11) This provides for patching, sealing, and maintaining the surface and base courses of asphalt surfaced roadways including asphalt surfaced shoulders. The following problems are included: 1. Crack/Joint repair 2. Poor ride quality 3. Structural pavement failure 4. Potholes/local depressions 5. Preventative Maintenance 6. Miscellaneous HMIB RIGID ROADBED ( OLD HM12) This provides for patching, sealing and repairing concrete roadbeds, approaches to bridges, and their appurtenant shoulders and foundations. The following problems are included: 1. Crack/Joint repair 2. Poor ride quality 3. Structural pavement failure 4. Bridge approach/departure 5. Paved shoulder — preventive maintenance 6. Paved shoulder — repair 7. Miscellaneous HM2C SLOPE/DRAINAGENEGATATION ( OLD HM21 AND MH23) This provides for cleaning, maintaining, and repairing culverts, ditches, drains, structures, fences, curbs, sidewalks and other appurtenances between the roadbed and the outer highway right-of-way boundary line. It also includes weed and brush control by chemical, biological or mechanical methods, trimming and removal of trees and pest control. The following problems are included: 1. Unpaved shoulder management 2. Nonlandscaped weed control 3. Nonlandscaped tree/brush/vegetation 4. Fence repair 5. Drainage obstruction — ditch/channel 6. Drainage obstruction — drains/culverts 7 7. Drainage obstruction 8. Worn/damaged drainage facility 9. Miscellaneous HM2D LITTER/DEBRIS ( OLD HM22) This provides for removal of litter and debris from roadway surfaces and roadsides. The following problems are included: 1. Debris/carcass pickup 2. Freeway patrol 3. Sweeping 4. Litter pickup 5. Spill... non hazardous material only; City shall report all hazardous spills (on State Highway) to Caltrans Commumication Center at (949) 936-3600 24 hours Monday through Friday. 6. Miscellaneous HM2E LANDSCAPING (OLD HM25) This provides for watering, fertilizing, removal of shrubs, and control of weeds in planted area. Includes trimming, removal, and spraying of trees, replacement of plants, shrubs, and trees, and pest control in planted area. The following problems are included: 1. Weed control 2. Pruning/trinning/removing/replacing 3. Irrigation 4. Miscellaneous HM3H BRIDGES ( OLD HM31 EXCEPT PUMP PLANT MAINTENANCE) This provides for repairs, cleaning, and painting of bridges. Also includes electrical and mechanical maintenance. The following problems are included: 1. Substructure 2. Superstructure — steel 3. Superstructure — concrete 4. Expansion joints 5. Railings 6. Drainage systems 7. Painting 8. Miscellaneous HM3J OTHER STRUCTURES ( OLD HM31 PUMP PLANTS) This provides for the maintenance, repair and cleaning of pump plants. The following problems are included: 1. Pump plant 2. Miscellaneous 9 STATE OF CALIFORNIA—BUSINESS AND TF DORTATION AGENCY ARNOLD SCHWARZENEGGER, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 12 3337 MICHEISON Dr. Suite 380 IRVINE, CA 92612-1699 March 15, 2005 Mr. Steve Badum Director of Public works City of Newport Beach 3300 Newport Blvd., P.O. Box 1768 Newport Beach, CA 92658-8915 Attention: Richard Edmonston RECEIVED FEB 1 8 Z005 Public Works Department City of Newport Beach Re: Agreement for sharing cost of Electrical Facilities on State Highways (Revised Exhibit "A" and new Exhibit `B") Dear Mr. Badum, Attached are the revised Exhibit "A" and new Exhibit `B" dated February 24, 2005 for the above noted Agreement dated October 22, 1983. These exhibits are amended to include the recent change due to relinquishment of the portion on PCH from Jamboree Road to the eastern City limit. The new Exhibits supersede the Exhibit "A" presently attached to the Agreement. Please sign the acknowledgment at the bottom of this cover letter and return the original for our Files. If you have any questions or require additional information please contact Mimi Chau at (949) 724-2777. Sincerely, Massoud Tajik, Chief, Maintenance Engineering Branch We. the city of Newport Beach acknowledge receipt of the above noted revision of Exhibit "A" and new Exhibit `B". Pc L/C I4 e Y/'er-rot Title 5/2 os ate EXHIBIT "A" CITY OF NEWPORT BEACH TRAFFIC SIGNAL AND LIGHTING AGREEMENT "E" Number Location Route PostMile E- 0100 001 12.55 E- 0101 001 13.0 E-0092 001 17.73 BASIC OF COST DISTRIBUTION State Owned and Maintained Billed by The State Coast Hwy & Reef Point Dr. Coast Hwy & Crystal Hts Dr. Coast Hwy & Promontory Pt. Effective: 10/22/1983 Revised: 2/24/2005 Type of Facility Cost Distribution State (%) City (%) Signal 75 25 Type "P" Safety Lights 75 25 2(310W-HPS) 2(200W-HPS) Illuminated Signs 75 25 3(325W-SNS) Signal 67 33 Type "P" Safety Lights 67 33 2(310W-HPS) 1(200W-HPS) Illuminated Signs 67 33 3(325W-SNS) Signal 67 33 Type "P" Safety Lights 67 33 3(250W-HPS) Illuminated Signs 67 33 2(325W-SNS) 1 E-0023 Coast Hwy & Bays. Signal 001 Type"P" 18.08 50 Safety Lights 50 50 4(200W-HPS) Illuminated Signs 50 50 2(325W-SNS) E-0024 Coast Hwy & Dover Signal 50 50 001 Type "P:' 18.43 Safety Lights 50 50 3(200W-HPS) 1(310W-HPS) Illuminated Signs 50 50 2(325W-SNS) E-0101 Coast Hwy & Balboa Bay Club Signal 50 50 001 Type"P" 18.90 Safety Lights 50 50 4(200W-HPS) E-0107 Coast Hwy & Tustin Signal 67 33 001 Type "P" 19.00 Safety Lights 67 33 2(200W-HPS) Illuminated Signs 67 33 2(325W-SNS) E-0106 Coast Hwy & Riverside Signal 50 50 001 Type"P" 19.52 Safety Lights 50 50 4(200W-HPS) Illuminated Signs 50 50 2(132W-SNS) E-0036 Coast Hwy & Bath. Jove Signal 50 001 Hoag Hosp. Type "P" 20.03 Safety Lights 50 50 2(250W-HPS) 2(200W-HPS) Iluminated Signs 50 50 4(325W-SNS) E-0027 Coast Hwy & Balboa -Superior Signal 50 50 001 Type"P" 20.37 Safety Lights 50 50 4(200W-HPS) Illuminated Signs 50 50 4(325W-SNS) E-0745 Coast Hwy & Prospect Signal 50 50 001 Type "P" 21.10 Safety Lights 50 50 3(200W-HPS) Illuminated Signs 50 50 2(325W-SNS) E-0028 Coast Hwy & Orange Signal 50 50 001 Type "P" 21.27 Safety Lights 50 50 2(200W-HPS) Illuminated Signs 50 50 2(325W-SNS) E-0374 Newport and Finley Signal 25 75 055 Type "P" 0.00 Safety Lights 25 75 3(200W-HPS) Illuminated Signs 25 75 2(325W-SNS) E-0375 Newport and Via Lido Signal 67 33 055 Type "P" 0.10 E-0376 Newport and Hoag Hosp./ 055 Westminster 0.59 E- 0070 Toll Road 073 S/B off University Dr. 24.4 E-1056 073 5.00 E-1057 073 5.10 Bristol North and Jamboree Bristol South and Jamboree Safety Lights 67 33 4(250W-HPS) Illuminated Signs 67 33 2(325W-SNS) Signal 50 50 Type "P" Safety Lights 50 50 2(200W-HPS) 2(310W-HPS) Illuminated Signs 50 50 4(325W-SNS) Signal 33 67 Type "P" Safety Lights 33 67 3(250W-HPS) Illuminated Signs 1(325W-SNS) 33 67 Signal 33 67 Type "P" Safety Lights 33 67 2(250W-HPS) Illuminated Signs 33 67 1(325W-SNS) Signal 50 50 Type "P" Safety Lights 50 50 3(200W-HPS) E-1240 Bristol and Bayvie, Signal 33 073 Type"P" 5.25 Safety Lights 67 33 4(250W-HPS) Illuminated Signs 67 33 2(325W-SNS) E-1059 Bristol North and Birch Signal 50 50 73 Type "P" 5.45 Safety Lights 50 50 3(310W-HPS) Illuminated Signs 50 50 3(325W-SNS) E-1061 Bristol South and Birch Signal 50 50 073 Type "P" 5.50 Safety Lights 50 50 3(250W-HPS) 1(200W-HPS) Illuminated Signs 50 50 3(325W-SNS) E-1060 Bristol North and Campus Signal 50 25 073 Type "P" 5.70 Safety Lights 50 25 3(200W-HPS) Illuminated Signs 50 25 3(325W-SNS) E-1062 Bristol South and Campus -Irvine Signal 50 25 073 Type "P" 5.75 Safety Lights 50 25 1(250W-HPS) 2(200W-HPS) Illuminated Signs 50 25 3(325W-SNS) E-0067 073 22.41 Bonita Canyon Dr. S/B On -Ramp E-0068 Bison Ave. 073 S/B off/on ramp 23.49 Signal 50 Type "P" Safety Lights 50 50 3(310W-HPS) Illuminated Signs 50 50 1(UnknownW-SNS) Signal 50 50 Type "P" Safety Lights 50 50 3(310W-HPS) Illuminated Signs 50 50 1(UnknownW-SNS) EXHIBIT "B" CITY OF NEWPORT BEACH TRAFFIC SIGNAL AND LIGHTING AGREEMENT BASIC OF COST DISTRIBUTION City owned and Maintained Billed by the City Effective: 11/01/2004 Revised: 2/24/2005 "E" Number Location Type of Facility Cost Distribution Route State (%) City (%) PostMile E-0025 Coast Hwy & Newport Coast Dr. Signal 25 75 001 Type "P" 14.1 Safety Lights 25 75 4(250W-HPS) E-0022 001 17.43 Coast Hwy & Jamboree Illuminated Signs 25 75 3(325W-SNS) Signal 25 75 Type "P" Safety Lights 25 75 3(250W-HPS) 1(200W-HPS) Illuminated Signs 25 75 3(325W-SNS) 7 ill EXHIBIT "C" June 1998 CHAPTER ➢1 LITTER, DEBRIS AND GRAFFITI Page D1-2 D1.00 General Caltrans removes litter, debris and sediment to maintain motorist safety, protect water quality, ensure drainage and provide an attractive facility for travelers and local communities. Routine litter removal, is performed by State forces, Special Programs forces, including supervised inmates and probationers, and Adopt -A -Highway participants. Caltrans removes graffiti to maintain an attractive facility for travelers and local communities. Refer to family problem D, "Litter and Debris" in Volume 2 of the Maintenance Manual for planning, scheduling and administrative instructions. D1.01 Policy Roadway, roadside and median litter cleanup operations should be scheduled to provide safe facilities and a neat and clean appearance. Clean up operations also provide wafer quality benefits by reducing the quantity of materials that may be washed into storm water drainage systems. Districts shall establish routine litter removal and sweeping frequencies for each route segment based on the rate at which litter, debris and sediment accumulates. Frequencies shall be. determined to keep a generally clean and neat appearance to the roadside and are very sensitive to traffic volumes. These frequencies shall be recorded on District route maps, or other formats (Post Mile listings, etc.) which shall be sent to the Headquarters Maintenance Program for concurrence at least once every four years, starting January 1998. Recorded frequencies shall be used as guides for litter removal, whether by State forces, special programs forces or Adopt -A -Highway participants. Frequencies for litter collection by Adopt -A -Highway participants may also be determined based on traffic volumes. D1.02 Laws That Pertain to Litter, Debris, Disabled and Abandoned Vehicles (A) Throwing Lighted Substances Vehicle Code Section 23111 provides that no one may throw or discharge onto the highway or adjacent area any lighted or unlighted cigarette, cigar, match or flaming or glowing substance. (B) Disposing of Litter or Garbage on Highway Vehicle Code Section 23112 provides that no one may throw or deposit on the highway any garbage or substance likely to injure or damage traffic using the highway, or any noisome, nauseous, or offensive matter of any kind It also prohibits the placement of any rocks, refuse or dirt within the highway right of way. STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Governor DEPARTMENT OF TRANSPORTATION 23 January 21, 1998 Mr. Don Webb Director of Public Works City of Newport Beach 3300 Newport blvd., P.O. Box 1768 Newport Beach CA 92658-8915 Attention: Richard Edmonston Re: Agreement for sharing cost of Electrical Facilities on State Highways, Revised Exhibit "A" Dear Mr. Webb: Caltrans periodically reviews our agreements to determine if any revisions are needed. We found that we had not revised the Exhibit "A" of the shared electrical agreement with your City since the agreement was executed in 1983. Attached is a revised Exhibit "A" dated January 30, 1998 for the above noted agreement dated November 22, 1983. This Exhibit has been reviewed by Mr. Edmonston of your office and changes have been made as per his letter of January 12, 1997. Please sign the acknowledgment at the bottom of this cover letter and return the original to my office, to the attention of Larry Rosenthal. Sincerely, ory Mohtashami Chief, Maintenance Engineering Branch District 12 We, the City of Newport Beach acknowledge receipt of the above noted revision of Exhibit "A". Name c: file Susan Kosek Title JCL/4 27, /%%J Date • • 1 EXHIBIT "A" TRAFFIC SIGNAL AND LIGHTING AGREEMENT Caltrans and City of Newport Beach Effective: 10/22/83 Revised: 1/30/98 BASIS OF COST DISTRIBUTION State Owned and Maintained billed by the State "E" Number Cost Dist. Route and FM Location Type of Facility State City E- 0016 001 14.84 E- 0017 001 15.10 E- 0018 001 15.41 Coast Hwy & Cameo Shores Coast Hwy & Morning Cyn. Coast Hwy & Poppy Signal Type "Pm 50 50 Safety Lights 2(200W-HPS) 50 50 Illuminated Signs 2(325W-SNS) Signal Type "p" Safety ri h _s 4(200W-HPS) Illuminated Sians 2(325W-SNS) Signal Type "P" Safety Lights 2(200W-HPS) Illuminated Signs 2(325W-SNS) 50 50 50 50 50. 50 50 50 50 50 50 50 50 50 2 EXHIBIT "A" TRAFFIC SIGNAL AND LIGHTING AGREEMENT Caltrans and City of Newport Beach Effective: 10/22/83 Revised: 1/30/98 BASIS OF COST DISTRIBUTION State Owned and Maintained billed by the State "E" Number Cost Dist. Route and PM Location Type of Facility State City E- 0019 001 15.70 E- 0020 001 16.04 E- 1092 001 16.43 Coast Hwy & Marguerite Coast Hwy & Goldenrod Coast Hwy & MacArthur 5ianal Type "P" 50 50 Safety Lights 2(200W-HPS) 50 50 2(250W-HPS) Illuminated Signs 2(325W-SNS) 50 50 Signal Type "P" 50 50 Safety Lights 4(200W-HPS) 50 50 Illuminated Signs 2(325w-SNS) 50 50 Signal Type "P" 67 33 SafetY_Liahts 3(200w-HPS) 67 33 Tl luminated . ig_ra 2(325W-SNS) 67 33 • • 3 EXHIBIT "A" TRAFFIC SIGNAL AND LIGHTING AGREEMENT Caltrans and City of Newport Beach Effective: 10/22/83 Revised: 1/30/98 BASIS OF COST DISTRIBUTION State Owned and Maintained billed by the State "E" Number Cost Dist. Route and PM Location Tvoe of Facility State City E- 1092 001 16.43 E- 0772 001 16.60 E- 1083 001 16.90 E- 0022 001 17.43 Coast Hwy & Avocado Coast Hwy & Newport Center Coast Hwy & Irvine Terrace Coast Hwy & Jamboree Signal Type "P" 50 50 Safety Lights 4(250W-HPS) 50 50 Illuminated Signs 4(325W-SNS) 50 50 ,Signal Type "P" 67 33 Safety Lights 4(200W-HPS) 67 33 Signal Type "P" 50 50 Safety Lights 2(200W-HPS) 50 50 Tlluminated Signs. 2(325W-SNS) 50 50 Signal Type "P" 50 50 Zafety Lights 4(250W-HPS) 50 50 Illuminated Signs 3(325W-SNS) 50 50 • • EXHIBIT "A" TRAFFIC SIGNAL AND LIGHTING AGREEMENT Caltrans and City of Newport Beach Effective: 10/22/83 Revised: 1/30/98 BASIS OF COST DISTRIBUTION State Owned and Maintained billed by the State "E" Number Cost Dist. Route and PM Location Type of Facility State City E- 0092 001 17.73 E- 0023 001 18.08 E- 0024 001 18.43 E- 0101 001 18.90 Coast Hwy & Promontory PT. Coast Hwy & Bayside Coast Hwy & Dover- Bayshore Coast Hwy & Balboa Bay Club Sianai Type "P" 67 33 Safety Lights 4(250W-HPS) 67 33 Illuminated Signs 2(325w-SNS) 67 33 Signal Type "P" 50 50 Safety Liahts 4(200w-HPS) 50 50 Illuminated Signs 2(325W-SNS) 50 50 Signal Type "P" 50 50 Safety Liahts 4(200W-HPS) 50 50 Illuminated Signs 2(325W-SNS) 50 50 Signal Type "P" 50 50 Safety Lights 4(200W-HPS) 50 50 5 EXHIBIT "A" TRAFFIC SIGNAL AND LIGHTING AGREEMENT Caltrans and City of Newport Beach Effective: 10/22/83 Revised: 1/30/98 BASIS OF COST DISTRIBUTION State Owned and Maintained billed by the Stare "E" Number Cost Dist. Route and PM Location Type of Facility State City E- 0107 001 19.00 E- 0106 001 19.52 Coast Hwy & Tustin Coast Hwy & Riverside ,Signal, Type "P" 67 33 Safety Lights 2(200W-HPS) 67 33 Illuminated Siang 2(325W-SNS) 67 33 Signal Type "P" 50 50 Safety Lights 4(200W-HPS) 50 50 Illuminated Sians 2(132W-SNS) 50 50 Siana) E- 0036 Coast Hwy & Type "P" 50 50 001 Hoag Hosp. 20.03 Balboa Cove Safety Lights 4(250W-HPS) 50 50 Illuminated Signs 4(325W-SNS) 50 50 6 EXHIBIT "A" TRAFFIC SIGNAL AND LIGHTING AGREEMENT Caltrans and City of Newport Beach Effective: 10/22/83 Revised: 1/30/98 BASIS OF COST DISTRIBUTION State Owned and Maintained billed by the State "E" Number Cost Dist. goute and PM Location Tube of Facility State City E- 0027 001 20.37 E- 0745 001 21.10 E- 0028 001 21.27 Coast Hwy & Balboa -Superior Coast Hwy & Prospect Coast Hwy & Orange Signal Type "P" 50 50 Safety Lights 4(250W-HPS) 50 50 Illuminated Signs 4(325W-SNS) 50 50 Signal Type "P" 50 50 Safety Liahts 3(250W-HPS) 50 50 Illuminated Signs 2(325W-SNS) 50 50 ,Signal Type "P" 50 50 Safety Tiaht_a 2(200W-HPS) 50 50 Illuminated Signs 2(325W-SNS) 50 50 • 7 EXHIBIT "A" TRAFFIC SIGNAL AND LIGHTING AGREEMENT Caltrans and City of Newport Beach Effective: 10/22/83 Revised: 1/30/98 BASIS OF COST DISTRIBUTION State Owned and Maintained killed by the State "E" Number Cost Dist. Route and PM Location Tyne of Facility State City Signal E- 0374 Newport and Type "P" 25 75 055 Finley 0.00 Safety Lights 2(200W-HPS) 25 75 Illuminated Sians 2(325w-SNS) 25 75 Signal E- 0375 Newport and Type "P" 67 33 055 Via Lido 0.10 Safety Lights 4(200W-HPS) 67 33 Illuminated Signs 2(325W-SNS) 67 33 Signal E- 0376 Newport and Type "P" 50 50 055 Hoag Hosp./ 0.59 Westminster Safety Lights 4(200W-HPS) 50 50 Illuminated Signs 4(325w-SNS) 50 50 8 EXHIBIT "A" TRAFFIC SIGNAL AND LIGHTING AGREEMENT Caltrans and City of Newport Beach Effective: 10/22/83 Revised: 1/30/98 BASIS OF COST DISTRIBUTION State Owned and Maintained billed by the Stat- "E" Number Cost Dist. Route and PM Location Type of Facility State City E- 073 Toll Road 24.4 S/B off University Dr. E- 1056 073 5.00 E- 1057 073 5.10 Bristol North and Jamboree Bristol South and Jamboree Signal Type "P" 33 67 Safety Lights 3(250W-HPS) 33 67 illuminated Signs 1(325W-SNS) 33 67 Signal Type "P" 33 67 Safety Lights 2(250W-HPS) 33 67 Illuminated Signs 2(325W-SNS) 33 67 Signal Type "P" 50 50 Safety Lights 3(250W-HPS) 50 50 9 EXHIBIT "A" TRAFFIC SIGNAL AND LIGHTING AGREEMENT Caltrans and City of Newport Beach Effective: 10/22/83 Revised: 1/30/98 BASIS OF COST DISTRIBUTION State Owned and Maintained billed by the State "E" Number Cost Dist. Route and PM Location Tvoe of Facility State City E- 1240 073 5.25 E- 1059 073 5.45 E- 1061 073 5.50 Bristol and Bayview Bristol North and Birch Bristol South and Birch Signal Type "P" 67 33 Safety Lights 4(250W-HPS) 67 33 Illuminated Signs 2(325W-SNS) 67 33 Signal Type "P" 50 50 Safety Lights 3(250W-HPS) 50 50 Illuminated Signs 3(325W-SNS) 50 50 Signal Type "P" 50 25 Safety Liahrq 3(250W-HPS) 50 25 Illuminated Signs 3(325W-SNS) 50 25 10 EXHIBIT "A" TRAFFIC SIGNAL AND LIGHTING AGREEMENT Caltrans and City of Newport Beach Effective: 10/22/83 Revised: 1/30/98 BASIS OF COST DISTRIBUTION State Owned and Maintained billed by the State "E" Number Cost Dist. Route and PM Location Type of Facility State City E- 1060 073 5.70 E- 1062 073 5.75 Bristol North and Campus Bristol South and Campus Sianal Type "P" 50 25 Safety Lights 3(250w-HPS) 50 25 Illuminated Sians 2(325W-SNS) 50 25 Signal Type "P" 50 25 Safety Liahts 3(250-HPS) 50 25 Illuminated Sians 3(325W-SNS) 50 25 M PGREEMENT FOR SHARING COST OF UTILITIES CITY OF NEWFORT BEACH THIS T, made and executed in duplicate this 2 2 h d day of OUEMBE'2 ,1983, by and between the State of California, acting y and through the Department of Transportaton, hereinafter referred to as "STATE" and the CITY of NEWPORT BEACH hereinafter referred to as "CITY". WITNESSETH ACR EEMFNT This Agreement shall supersede any previous AGREEMENT FOR SHARING COST IN THE CITY OF NEMPORT BEACH and/or AMENDMENTS thereto with the CITY. ELECTRICAL This includes all STATE operation and maintenance work perfoiittd on highway electrical facilities including flashing beacons, traffic signals, traffic -signal systems, safety lighting and sign lighting. Basis for billing: It is agreed that monthly billings for flashing beacons, traffic signals and traffic -signal systems shall be established as follows: o Labor (plus overhead assessment), other expense, and electrical energy will be based on actual intersection cost. o Equipment and Materials will be made on a pro rate basis by type of installation; flashing beacons, fixed -tine signals; traffic -actuated signals. It is agreed that monthly billings for safety lighting and sign lighting shall be established as follows: o Labor (plus overhead assessment), other expense, and electrical energy will be based on calculated unit costs o Equipment and materials will be based on calculated unit costs. It is agreed that monthly billings for utility -owned and maintained lighting will be based on calculated unit costs derived from utility company billings. The cost of operating and maintaining flashing beacons, traffic signals, traffic -signal systems, safety lighting, and sign lighting now in place at the intersection of any State highway route and any CITY street/road shall be shared as shown on Exhibit A. Exhibit A will be amended as necessary to reflect changes to the system. Rev.4/83 1 D1OC EXHIBIT "A" CITY OF NEMP RT BEACH Effective ELECTRICAL FACILITIES OPERATION AND MAINTENANCE COST DISTRIBUTION Billed and Maintained by the STATE "E"Number Type of Units Cost Distr. Post Mi. Rte. Location Facility (Acct) State/City E 0016 01 PCH and 14.84 Cameo Shores SIGNALS Type "P" SAFETY LIGHTS 2 lights (200 W -SV) 50 50 0.5 50 50 SIGNALS E 0016 01 PCH and Type "P" 50 50 15.100 Morning Cyn. SIGNALS E 0018 01 PCH and Type "P" 50 50 15.41 Poppy SIGNALS E 0019 01 PCH and Type "P" 50 50 15.700 Marguerite SIGNALS E 0020 01 PCH and Type "P" 50 50 16.04 Geaden-Red Goldenrod SIGNALS E 1092 01 PCH and Type "P" 50 50 16.43 Avocado SAFETY LIGHTS 4 lights (250 W - SV) 0.5 50 50 ILLUMINATED SIGNS 4 Type G-S signs (132 W - SNB) 2.0 50 50 2 N • EXHIBIT "A" CITY OF NEWFORT BEACH ELECTRICAL FACILITIES OPERATION AND MAINTENANCE COST DISTRIBUTION Effective Billed and Maintained by the STATE "E"Number Type of Units Cost Distr. Post Mi. Rte. Location Facility (Acct) State/City E 0772 01 PCH and 16.60 Newport Center E 1083 01 PCH and 16.90 Irvine Terrace SAFETY LIGHTS 2 lights (250 W - SV) 0.5 50 50 SIGNALS Type "P" SAFETY LIGHTS 12 lights (200 W -SV) 66.7 33.3 0.5 66.7 33.3 50 50 SIGNALS Type "P" ILLUMINATED SIGNS 2 Type G-S signs (132 W- SNB) SIGNALS E 0022 01 PCH and Type "P" 17.43 Jamboree SAFETY LIGHTS 4 lights (400 W - SV) ILLUMINATED SIGNS 2 Type G-S signs (132 W - SNB) 2.0 50 50 50 50 0.5 50 50 2.0 50 50 •• EXHIBIT "A" CITY OF NE'VPORT BEACH Effective ELECTRICAL FACILITIES OPERATION AND MAINTENANCE COST DISTRIBUTION Billed and Maintained by the STATE "E"Number Type of Units Cost Distr. Post Mi. Rte. Location Facility (Acct) State/City E 0092 01 PCH and 17.73 Promontory Point E 0023 01 PCH and 18.08 Bayside SIGNALS Type „P„ SAFETY LIGHTS 4 lights (200 W -SV) SIGNALS Type "P" SAFETY LIGHTS 4 lights (200 W - SV) ILLUMINATED SIGNS 2 Type GAS signs (132 W - SNB) SIGNALS E 0024 01 PCH and Type "P" 18.43 Dover-Bayshore SAFETY LIGHTS 4 lights (250 W - SV) ILLUMINATED SIGNS 2 Type G-S signs (132 W - SNB) 66.7 33.3 0.5 66.7 33.3 50 50 0.5 50 50 2.0 50 50 50 50 0.5 50 50 2.0 50 50 4 • EXHIBIT "A" CITY OF NEWPORT BEACH Effective ELECTRICAL FACILITIES OPERATION AND MAINTENANCE COST DISTRIBUTION Billed and Maintained by the STATE "E"Number Type of Units Cost Distr. Post Mi. Rte. Location Facility (Acct) State/City E 0026 01 PCH and 19.51 Riverside -Tustin E 0027 01 PCH and 20.37 Balboa -Superior E 0745 01 PCH and 21.10 Prospect SIGNALS Type npI 57 43 SAFETY LIGHTS 4 lights (200 W - SV) 0.5 57 43 ILLUMINATED SIGNS 4 Type G-S signs (132 W - SNB) 2.0 57 43 SIGNALS Type "P" 50 50 SAFETY LIGHTS 4 lights (250 W - SV) 0.5 50 50 ILLUMINAfv SIGNS 4 Type G-S signs (132 W - SNB) SIGNALS Type "P" 2.0 50 50 SAFETY LIGHTS 32 lights (250 W - SV) 0.5 ILLUMINATED SIGNS 2 Type G-S signs (132 W - SNB) 2.0 50 50 66:7 33.r3 50 50 66:7 33.r3 50 50 66r3 33.r3 5 • • EXHIBIT "A" CITY OF NEWPORT BEACH ELECTRICAL FACILITIES OPERATION AND MAINTENANCE COST DISTRIBUTION Effective Billed and Maintained by the STATE "E"Number Type of Units Cost Distr. Post MU. Rte. Location Facility (Acct) State/City E 0028 01 PCH and 21.27 Orange E 0374 0.00 55 Newport and Findley Finley SIGNALS Type "P" 50 50 SAFETY LIGHTS 2 lights (250 W - SV) 0.5 50 50 ILLUMINArED SIGNS 2 Type G-S signs (132 W - SNB) E 0375 55 Newport and 0.100 Via Lido SIGNALS Type "P" 2.0 50 50 25 75 SAFETY LIGHTS 2 lights (200 W - SV) 0.5 25 75 ILLUMINATED SIGNS 2 Type G-S signs (132 W - SNB) SIGNALS Type "P" SAFETY LIGHTS 4 lights (200 W - SV) ILLUMINAJ?E1) SIGNS 2 Type G-S signs (132 W - SNB) 2.0 25 75 66.7 33.3 0.5 66.7 33.3 2.0 66.7 33.3 • • EXHIBIT "A" CITY OF NE PORT BEACH ELECTRICAL FACILITIES OPERATION AND MAINTENANCE COST DISTRIBUTION Effective Billed and Maintained by the STATE "E"Number Type of Units Cost Distr. Post Mi. Rte. Location Facility (Acct) State/City E 0376 55 Newport and 0.59 Westminster-Heag- Hospital Rd. SIGNALS Type "P", SAFETY LIGHTS 4 lights (200 W - SV) ILLUMINATED SIGNS 2 Type G-S signs (132 W - SNB) SAFETY LIGHTS 55 Newport Blvd. 2 lights (200 W - SV) 0.600 at Newport Ave. 50 50 0.5 50 50 2.0 50 50 0.5 66.7 33.3 SIGNALS E 1120 73 MacArthur Blvd. Type "P" 50 50 0.600 San Miguel Dr. SAFETY LIGHTS 4 lights (200 W - SV) 0.5 50 50 ILLUMINATED SIGNS 4 Type G-S signs (132 W - SNB) 2.0 50 50 7 EXHIBIT "A" CITY OF NEWPORT BEACH Effective ELEDrRICAL FACILITIES OPERATION AND MAINTENANCE COST DISTRIBUTION Billed and Maintained by the STATE "E"Nwnber Type of Units Cost Distr. Post Mi. Rte. Location Facility (Acct) State/City MacArthur E 0771 73 McArthur and 0.900 San dxau4x Hills Joaquin MacArthur E 0889 73 McArthur and 2.010 Ford SIGNALS Type "P" SAFETY LIGHTS 11 lights (200 W - SV) SIGNALS Type "P" 50 50 0.5 50 50 50 50 SAFETY LIGHTS 4 lights (400 W - SV) 1.0 50 50 ILLUMINATED SIGNS 4 Type G-S signs (132 W - SNB) MacArthur E 1118 73 McArthur Blvd. 2.05 and Bison SIGNALS Type "P" SAFETY LIGHTS 3 lights (250 W - SV) IILUMINAi'J SIGNS 3 Type G-S signs (132 W - SNB) 2.0 50 50 66.7 33.3 0.5 66.7 33.3 2.0 66.7 33.3 8 41, EXHIBIT "A" CITY OF NEWPORT BEACH Effective ELECTRICAL FACILITIES OPERATION AND MAINTENANCE WET DISTRIBUTION Billed and Maintained by the STATE "E"Number Type of Units Cost Distr. Post MI. Rte. Location Facility (Acct) State/City E 1061 73 Bristol South 5.50 and Birch SIGNALS Type "P" SAFETY LIGHTS 3 lights (250 W - SV) ILLUMINATED SIGNS 3 Type G-S signs (132 W - SNB) E 1062 73 Bristol South- 5.75 and Carpus SIGNALS Type HP," 50 25 0.5 50 25 2.0 50 25 50 25 SAFETY LIGHTS 3 lights (250 W - SV) 0.5 50 25 ILLUMINA'TW SIGNS 3 Type G-S signs (132 W - SNB) E 1056 73T Bristol North 5.00 and Jamboree SIGNALS Type "P" 2.0 50 25 50 50 SAFETY LIGHTS 2 lights (250 W - SV) 0.5 50 50 ILLUMINATED SIGNS 2 Type G-S signs (132 W - SNB) 2.0 50 50 9 • • EXHIBIT "A" CITY OF NEWPORT BEACH Effective ELECIRICAL FACILITIES OPERATION AND MAINTENANCE COST D1SIRIBUT10N Billed and Maintained by the STATE "E"Number Type of Units Cost Distr. Post Mi. Rte. Location Facility (Acct) State/City E 1057 73T Bristol South 5.10 and Jamboree E 1059 73T Bristol North 5.45 and Birch SIGNALS Type "P" SAFETY LIGHTS 3 lights (250 W - SV) SIGNALS Type "P" SAFETY LIGHTS 3 lights (250 W - SV) ILLUMINAIEU SIGNS 3 Type G-S signs (132 W - SNB) E 1060 73T Bristol North 5.70 and Campus SIGNALS Type "P" 50 50 0.5 50 50 50 50 0.5 50 50 2.0 50 50 50 25 SAFETY LIGHTS 3 lights (250 W - SV) 0.5 50 25 10 • • IN WITNESS WHEREOF, the parties hereto have set their hands and seals seals day and year first above written. *Approved as to form and Procedure: Attorney Department of Transportation By *May be deleted if not applicable. By (CITYa, OF NEW PORT BEACH �yL e yor /_ STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION LEO TROMBA1ORE Director of Transportation riot Director Approval by State's Attorney is not required unless changes are made to this form, in which case the draft will be submitted for Headquarters' review and approval by State's Attorney as to form and procedure. 11 AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY THIS AGREEMENT, made and executed in duplicate this /4 �h day of .7u ne- , 19 7/ , by and between the Department of Public Works of the State of California, acting by and through the Division of Highways, hereinafter called the "Department" and the City of , hereinafter referred to as "City". W ITNESSET H: 1. RECITALS: The parties desire to provide for the maintenance of State highway routes within the City as provided in Section 130 of the Streets and Highways Code, and to arrange herein for the parti- cular maintenance functions to be performed by the City and those to be performed by the Department and to specify the terms and conditions under which such work will be performed. 2. AGREEMENT: This Agreement shall supersede previous Agreements and Amendments for the Maintenance of State Highways in the City. In consideration of the mutual covenants and promises herein contained, it is agreed: The City will perform such maintenance work as is specifically delegated to it, and the Department will perform those particular functions of maintenance not otherwise assigned to the City on the State highway routes or portions there)f all as hereinafter de- scribed under Section 21 and 22 hereof or as said sections may be subsequently modified with the consent of the parties hereto acting by and through their authorized representative. Form HM-59 MAY 70 Rev r 3. MAINTENANCE DEFINED: Maintenance is defined in Section 27 of the Streets and Highways Code as follows: Sec. 27. "(a) The preservation and keeping of rights -of -way, and each type of roadway, structure, safety convenience or device, planting, illumination equipment and other facility, in the safe and usable condition to which it has been improved or constructed, but does not include reconstruction or other improvement. (b) Operation of special safety conveniences and devices, and illuminating equipment. (c) The special or emergency maintenance or repair necessitated by accidents or by storms or other weather conditions, slides, settlements or other unusual or unexpected damage to a roadway, structure or facility. The degree and type of maintenance for each highway, or portion thereof, shall be determined in the descretion of the authorities charged with the main- tenance thereof, taking into consideration traffic requirements and moneys available therefor." 4. DEGREE OF MAINTENANCE: The degree or extent of maintenance work to be performed and the standards therefor shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the provisions of this Agreement as hereinafter specified or as may be prescribed from time to time by the District Engineer. "District Engineer", as used herein, means the District Engineer of the Division of Highways assigned to the territory in which the city is located, or his authorized representative. 5. LEGAL RELATIONS AND RESPONSIBILITIES: Nothing in the provisions of this Agreement is intended to affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of State highways diff:rent from the standard of care imposed by law. n Fgrm HM-59 MAY 70 Rev • • It is understood and agreed that neither the State, the Department, 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 the City under or in connection with any work, authority or jurisdiction delegated to the City under this Agreement for Maintenance. It is also understood and agreed that, pursuant to Government Code Section 895.4, City shall fully indemnify and hold State harmless from 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 understood and agreed 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 the Department under or in connection with any work, authority or jurisdiction not delegated to the City under this Agreement for Maintenance. It is also understood and agreed that, pursuant to Government Code Section 895.4, Department shall fully indemnify and hold City harmless from any damage or liability occurring by reason of anything done or omitted to be done by Department under or in connection with any work, authority or jurisdiction not delegated to City under this Agreement. 6. HIGHWAY, as used herein, refers to the whole right-of-way which is secured or reserved to use in the construction and maintenance of the roadbed and roadsides as hereinafter described. -3- Form HM-59 MAY 70 Rev 7. ROADBED means that portion of the roadway extending from curb line to curb line or shoulder line to shoulder line. 8. IMPROVED ROADSIDES relates to the area between the roadbed, as defined under Section 7, and the right-of-way boundary lines, including curb and sidewalk, as hereinafter described but exclud- ing drainage structures or waterways. 9. UNIMPROVED ROADSIDES relates to the area between the roadbed and right-of-way boundary wherein curbs and sidewalks do not exist. 10. CURBS relates to a timber or a masonary structure separating or otherwise delineating the roadbed from the remainder of the highway. 11. SIDEWALK applies to the paved or otherwise improved surface area between the face of curb and right-of-way boundary, including paved entrances or driveways. 12. BRIDGES, as used herein, refer to structures having been assigned Bridge Numbers by the Department. All other cross drainage structures will be classified as culverts. ROUTINE MAINTENANCE 13. ROUTINE MAINTENANCE to be performed on the roadbed or road- sides shall consist of such work as patching, crack sealing, care of drainage, upkeep and repair of bridges, culverts, guard rail, median barriers, curbs and sidewalks, operation of drawbridges, street sweeping and cleaning, repair of damage and cleaning up after storms and traffic accidents, ccntrol of roadside vegetation, care of landscaped areas, trees or other ornamental plantings, and upkeep and operation of traffic service devices, all as hereinafter specified. Fprm HM-59 MAY 70 Rev r Routine tree maintenance shall be limited to minor trimming as required to improve sight distance or to the occasional removal of dead or low overhanging limbs. Extensive tree reconditioning work, spraying or removal are not routine maintenance operations and will not be paid for unless such work is specifically auth- orized by the Department. The above shall not be construed as restricting, prohibiting or otherwise relieving the City of the responsibility for inspection and upkeep of trees in a manner that will insure maximum safety to both vehicular and pedestrian traffic. Sweeping and cleaning shall be limited to the removal of dirt or litter normally coming onto the roadbed from the action of traffic or from natural causes. The Department will not under- take nor pay for picking up or disposing of rubbish or debris swept into or otherwise placed on the highway from abutting property. The extent of sweeping and cleaning on the State highways shall not be greater than customarily done on comparable city streets. Maintenance work to be performed within the area designated as Improved Roadsides shall include the removal of dirt and litter as referred to above and such sidewalk inspection and action towards repair of sidewalks, curbs or other facilities as is necessary to keep them in a reasonably safe condition. The City agrees to follow the same policy and procedure generally followed by it with respect to streets of the City in the 'natter of requiring sidewalk repairs and control of vegetation to b; made by or at the expense of abutting owners who are under legal obligation to perform such work. Rom HM-59 MAY 70 Rev r Maintenance of warning and regulatory signs, traffic control devices, and highway lighting facilities as hereinafter referred to shall include upkeep and repair of the supports, as well as such other items which are an integral part of the installation Care of landscape areas, ornamental plantings, trees, and road signs, and the upkeep and operation of traffic signals and highway lighting facilities located or based within the Improved Roadside area shall not be undertaken by City unless such work is specifically delegated under Section 22 of the Agreement. Bridges, as defined under Section 12, will be investigated by a representative of the Department's bridge engineering staff once each year and oftener, if considered necessary. In addition to such annual investigation, routine maintenance to be performed under provisions of the Agreement shall include monthly inspection of each bridge by qualified personnel and immediate repair of the minor defects when the cost does not exceed $500. The District Engineer shall be immediately notified of major defects as are hereinafter defined. Bridge repair work costing in excess of $500 on a single structure shall be considered as being a major repair project. Except in the case of emergency, such major repair projects shall conform to the methods and procedure to be recommended by the Department. Major bridge repair is nct a routine maintenance operation and will require specific authorization. -6- Form HM-59 MAY 70 Rev • TRAFFIC SERVICE 14. WARNING, AND REGULATORY SIGNS shall conform to the specifi- cations adopted by the Department, or as otherwise specifically authorized by the Department. Positioning of such signs shall conform to standards adopted by the Department. Unlessspecifically authorized, the Department will not maintain or pay for maintenance of Regulatory Signs installed for the purpose of stopping vehicular traffic at pedestrian or school crossings nor the Regulatory Signs installed for theprohibition or the regulation of parking. 15. TRAFFIC STRIPE AND PAVEMENT MARKINGS shall conform to the Standards established by the Department. Except for the red "No parking" zones at the approach to and exit from intersections controlled by traffic signals, the Department will not pay for curb painting or parking lines as may otherwise be required for the regulation of parking. The cost of maintaining pedestrian crosswalks at intersections shall be shared between the Department and City in the same ratio as the number of intersecting roads or streets under jurisdiction of the respective agencies bears to the total number of intersecting City Streets, State Highways and County Roads within the particular intersection; for example, a 50-50 basis will apply to the regular cross -street intersection wherein a County Road is not a factor. 16. TRAFFIC SIGNALS, FLASHERS OR OTHJ:R ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES: The cost of maintaining and operating traffic signals or other electrically operated traffic control Fonm HM-59 MAY 70 Rev -7- devices now in place or those which may hereafter be installed at the intersection of any State highway route and any City street shall be shared between the Department and the City on the basis of the number of intersection streets in the same manner specified for crosswalks under Section 15. 17. HIGHWAY LIGHTING: The Department will not pay for the maintenance, installation, repair, servicing, nor power for electro- liers nor ordinary street lighting; however, lighting at inter- sections, when required for the safety of persons using the streets, roadways or highways, will be paid for when approved and specifically authorized by the District Engineer. Where such lighting has been specifically authorized at an intersection, the maintenance and operating costs thereof shall be shared between the Department and the City on the basis of the number of intersecting streets to the intersection in the same manner specified for pedestrian crosswalks under Section 15. 18. TRAFFIC CONTROL DEVICES AND HIGHWAY LIGHTING FACILITIES as defined under paragraphs 16 and 17 above, which are installed subsequent to the execution of this Agreement, shall become subject to the terms and conditions of this Agreement upon notice to the City from the Department of the completion of any such installation. PERMITS 19. ENCROACHMENT PERMITS: When authority to issue Encroachment Permits is delegated to the City, t}e authority shall pertain to all parts of the highway throughout the particular length of Form HM-59 MAY 70 Rev -8- streets indicated under Section 22 of the Agreement. Permits shall be issued on a form provided by the Department and the City will furnish a copy of each permit to the Department. The City agrees to follow such general State policies regarding encroachments as may be specified by the District Engineer. Routine permits shall be handled by the City without approval, but prior approval of the District Engineer shall be secured before any permit is issued for the original installation of any utility line, commercial driveway, or other major encroachment within the highway right-of-way. No sign or marquee shall be permitted to be installed within or project beyond a line i8 inches back of curb line, and no sign of any kind except warning signs at railroad crossings shall be permitted to be suspended over the roadway. Marquees or signs extending over the sidewalk area shall conform to the City's Building Code and shall be maintained in a good appearing and structurally safe condition at all times. An existing sign or marquee suspended or projecting over the State highway that constitutes a hazard shall be immediately repaired or removed. If the City by ordinance or other regulation imposes more restrictive regulations and requirements regarding signs and marquees than above set forth, nothing in these provisions shall be construed to prevent the City from enforcing such restrictive regulations in the granting or refusing of permits with respect to any State highway. The Department will pay ]or the cost of inspection of such signs, marquees, and other enweoachments as a part of mainte- Form HM-59 MAY 70 Rev -9- nance, provided that the City shall comply with its usual policy with respect to collecting costs from permittees in such cases as fees or charges are made by the City for similar work on City streets. Any amount so collected by the City with respect to any State highway shall be credited against the charges made by the City for such work. 20. TRANSPORTATION PERMITS: Transportation permits will be re- quired for all vehicles and their loads which exceed the limitations specified under Division 15 of the California Vehicle Code. Where authority to issue Transportation Permits is delegated to the City, such authority shall pertain only to travel that originates and terminates within the corporate limits and it shall not apply to through haul transportation. In issuing such permits, the City shall follow the policies and regulations established by the Department for the issuance of transportation permits as set out in the Department's Maintenance Manual of Instructions in effect at the time such permits are issued, including, specifically, limitations upon the crossing of bridges and overcrossings detailed therein. -10- 'Form HM-59 MAY 70 Rev h+l e•v,u-ii.itri i 4111 21. ROUTE DESCRIPTION ROUTE LENUTH NO• MILES DESCRIPTION OF ROUTING 6.93 Cat-TJUOE 1AY from oouthoeot city limits (ea 'J .UA) a druxinato1y : ihiJ goat out or Como ilichIando VPivo to tho north. wet oily limit° (41 r1.)3) approximately 31.0 foot uoct or Zumlit CtrOot, a lenc.th' ,y ('�.'/ • ora roximato 6.93 000. y 55 .91 ' Nztle SI ZXUfl.SSVMD from Finley Avenue (ON 0.00) to north city�ylimit° (PM u.91) at 2)tb 2tr400t, a length of approximately 0.97 mslo. 73 3.09 MACART UIT 2.6ULEVARD (Vetere= NomoriaL 1tichuoy) from coact Loolevord UN 0.60) tc, city limit° (i'T�i 2. 04) noarWord Mood, a aoa;th of approximately G.o4 ni1au for thin a rt :cn, aloe, from city 1Uflta ('a 3.0) cXircxim:tn.y 1.0v0 root north or ilol.leat':o 1ie;ai,/JatA:3roo Road junc:tioa to aC» .zi city :Units (yid 4.94) at CCc. iva it'.tvo, a ic:i th or approximately 1. W, mil©O tor thial,Uab'tivo; A total or irddlr4swatoiw 34A0 Form HM-59 MAY 7o Rev 22. DELEGATION 0? MAINTENANCE: The main-enance work to be performed by City and/or Department shall cnferm to the provisions hereof and shall include those. operations as hereinafter indicated: AGENCY TO PERFORM WOM,C RTir. W. Item MAINTENANCE FUNCTION No. (Roadbed 1 (Improved Roadside (Unimproved Roadside 2 Bridges and Culverts Guido Signs Warning Signs Regulatory Signs 3 Traffic Stripe Pavement Markings Traffic Signals Highway Lighting Guard Rail Median Barriers 4 Sweeping & Cleaning 5*(Landscaped Areas (Trees 6 Curbs and Sidewalks ISSUANCE OF PERMITS Encroachment Transportation RTE. NO. 1 1TE. NO. RTE. NO. 1 73 4, 0 m .; a m a 4 441 a m a art 0 a N. X a sC X X X It X i (1) r (2):4 x X (3) (4) 4 oh * When and as specifically authorized by the District Engineer ae provided under Section 13 hereof. , rr3 (1) It w w Length of street to be cleaned Curb miles. (2) w w w . w w it ( 6) tk%Fe (:'I4 a C'�•j"Vd; i r. Cwof .n dirt. and litter tt.a `6^:: .Cr,) r. (6) city ot'31al.Iaza:u IU..) 3j 2. L i; 14; ort 41t4 elroultu. -12- " Form HM-59 MAY 70 Rev 23. EXPENDITURE AUTHORIZATION: The Department will reimburse City for actual cost of all maintenance work performed by City as delegated under Section 22, but it is agreed that during any fiscal year, the maximum expenditure on any route shall not exceed the amount as shown elsewhere in this Agreement, unless such expenditure is revised by an amended Agreement or otherwise adjusted or modified as hereinafter provided for. The expenditure per route for routine maintenance work as referred toabove may be increased or decreased, redistributed between routes, or additional expenditures for specific projects costing $5,000 or less may be made when such specific work or adjustment of expenditures for routine maintenance is authorized in writing by the District Engineer or his authorized representative. Expenditures for specific projects costing in excess of $5,000 may be made when such specific work is authorized in writing by the State Highway Engineer or his authorized representative. Additional expenditures or adjustment of expenditures thus authorized shall apply during the fiscal year designated therein and shall not be deemed to permanently modify or change the basic maximum expenditure per route as hereinafter specified. An adjustment of the maximum expenditure shown on page 14 hereof (of the Agreement), either increase or decrease, shall not affect other terms of the Agreement. Form HM-59 Oct 70 Rev its -W„ye ROUTE NO. LENGTH MILES 1 6.93 �,0 0.97 73 3.09 MAXIMUM EXPENDITURE PER ROUTE av i5a000.00 5,000.00 Form HM-59 Oct 70 Rev —14— - - ..� .. • • •24. SUBMISSION OF BILLS: The City shall submit bills monthly, provided, however, that no bill for less than $100 shall be submitted, except once each quarter. Equipment shall be charged at mutually acceptable rental rates and labor and material at actual cost. An overhead cost not to exceed fifteen per cent may be added to the actual cost of equipment, materials, and labor. Bills submitted to the City for work performed by the Department under Sections 16, 17 and 18 of this Agreement will include overhead and administrative costs in accordance with the State Administrative Manual. 25. TERM OF AGREEMENT: This Agreement shall become effective :;w:.o and shall remain in full force and effect until amended or terminated. The Agreement as above may be amended or terminated at any time upon mutual consent of the parties thereto or upon thirty days' notice by either party thereof to the other. -15- Form HM-59 MAY 70 Rev IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Approved as to form and procedure: Attorney Department of Public Works CY`ty Attorney BY CITY OF NEWPORT BEACH By (f \ 77eisee Mayor City Clerk STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS J. A. LEGARRA STATE HIGHWAY ENGINEER puty Didtict Engineer -16- Porm HM-59 MAX 70 Rev