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Home My WebLink AboutCC 4 TRAF SIG MAINT. 01-04-93CON'Si-N l NO. 4 1-4-93 JANUARY 4 , 19 9 3 � ATE: ' TO: WILLIAM A. HUSTON, CITY•MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: CONTRACT AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE BETWEEN THE CITIES OF TUSTIN AND SANTA ANA RECOMMENDATIONS: It is recommended that the, City Council, at their meeting of January 4, 1993, direct the Mayor and City Clerk to execute the subject contract documents on behalf of the City for traffic signal maintenance responsibility between the Cities of Tustin and Santa Ana. BACKGROUND: The subject agreement designates responsibility for traffic signal maintenance at locations that are shared by. the Cities of Tustin and Santa Ana. The current traffic signal maintenance agreement between the Cities of Tustin and Santa Ana was executed in November of 1983. The City of Tustin has also entered into similar agreements with the County of Orange and the City of Irvine for the same purpose of designating traffic signal maintenance responsibility at shared locations. DISCUSSION: With the installation of the traffic signal at the intersection of Warner Avenue and Pullman Street currently under construction and nearing completion, the current agreement for traffic signal maintenance would require modification to designate responsibility of maintenance to either Tustin or Santa Ana. The Engineering Division staff felt it was an opportune time to review the existing contract agreement and, update the agreement where appropriate. The subject agreement is the result of a joint effort between both Tustin and Santa Ana. The agreement has been reviewed and approved by both the Tustin City Attorney and the Santa Ana City Attorney and awaits approval by the City Council. ,e Robert S. Ledendecke Director of Public Works/ �. City Engineer Attachment RSL:DA:kIb:TSMAGREE Dougl, s R. Anderson Transportation Engineer C(apy AGREEMENT THIS AGREEMENT, made and entered into this day of , 1993 by and between the CITY OF SANTA ANA, a municipal corporation, hereinafter designated as "SANTA ANA" and the CITY OF TUSTIN, a municipal corporation, hereinafter designated as "TUSTIN." WITNESSETH: WHEREAS, the traffic signal and intersection lighting locations described in Exhibit "A" attached hereto are partially in areas under jurisdiction of TUSTIN, and partially in areas under jurisdiction of SANTA ANA, and WHEREAS, responsible agency (TUSTIN or SANTA ANA) for each_ traffic signal and intersection lighting location, as designated in Exhibit "A," shall assume total responsibility for maintenance and operation of the traffic signal and highway lighting locations as indicated in Exhibit "A" and within public street rights-of-way and any easements utilized for traffic signal systems, and WHEREAS, TUSTIN and SANTA ANA, desire to specify the procedure for equitably distributing maintenance and operational costs for said locations, 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, and WHEREAS, this agreement will supersede all previous applicable maintenance and operation agreements pertaining to the locations identified in Exhibit A. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: I. Routine maintenance work to be performed will include contracting for and/or furnishing of necessary repairs or replacements as required to in'sure--a satisfactory service. Installation of additional facilities is not a maintenance function under the provisions of this Agreement. II. Routine operational functions shall include furnishing of electrical energies, signal timing, traffic counting, and other engineering studies necessaryto assure satisfactory operation as defined in Section 4B of the Manual on Uniform Traffic Control Devices published by the United States Department of Transportation Federal Highway Administration. III. The maintenance costs for traffic signal and intersection lighting installations shall be borne by the parties hereto and shall be based on the actual maintenance and operational costs incurred at each installation; TUSTIN'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 lanes under jurisdiction of TUSTIN at the location involved, bears to the total number of approach lanes at such location; SANTA ANA'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 lanes under jurisdiction of SANTA ANA at the location involved, bears to the total number of approach lanes at such location. 2 IV. The minimum maintenance cost division at any intersection under the terms of this agreement shall be based upon one (1) approach lane of that intersection. A substantial portion of the traveled way shall lie within the jurisdiction of the agency concerned, wherever the above minimum approach lane division is a part. V. For the purposes of determining the number of approach lanes 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 the parties, along with the proportion of costs for each agency, are shown on Exhibit "A," attached hereto and made a part hereof. VII. The parties shall furnish, service, and/or perform such maintenance work as is specifically delegated to it, as shown on - Exhibit "A" attached. VIII. The parties shall maintain or cause to be maintained all future traffic signal installations as provided for in the cooperative agreement for those installations until amendment is made to Exhibit "A!' to include such locations. IX. The agency assuming the maintenance responsibilities in accord with this agreement will periodically bill the other agencies, 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 City Managers of the parties hereto. 3 XI. It is mutually under=_=ood and agreed: (a) That neither SANTA !NA nor any officer or employee thereof shall be responsible fc= any damage or liability occurring by reason of anything done or o-._tted to be done by TUSTIN under or in connection with any work, aut::ority or jurisdiction delegated to TUSTIN under this agreement. It is also understood and agreed that pursuant to California Government Code Section 895.4 , TUSTIN shall fully indemnify and hold harm=zss SANTA ANA 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 TUSTIN, under or in connection with any work, authority, or jurisdiction delegated to TUST under this agreement. (b) That neither TUSTIN n --r 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 SANTA ANA under or in connection with any work, authority, or jurisdiction delegated to SANTA ANA under this agree-ent. It is also understood and agreed that, pursuant to Govern-.ent Code Section 895.4, SANTA ANA shall fully indemnify and hold AUSTIN 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 SANTA ANA under or in connection, with any work, authority, or jurisdiction delegated to SANT.! ANA under this agreement. IN WITNESS WHEREOF, SANTA ANA has caused this agreement to be executed by its Mayor, and attested by its Cler'r: of the Council, and TUSTIN has caused this agreement to be execL_ed by its Mayor and attested by its City Clerk, all thereunto du:y authorized by Minute Order of the City Councils, respective-ly, on the date written opposite their signatures. Dated: APPROVED AS TO FORM: City Attorney APPROVED AS TO FORM: Ci A for ey APPROVED AS TO CONTENT: City Manager VN/25g/mb CITY OF TUSTIN a Municipal Corporation By: Mayor By: • City Clerk CITY OF SANTA ANA a Municipal Corporation By: Mayor By: Clerk of the Council 5 EXHIBIT "A" A Part of an Agreement Between City of Santa Ana and the City of Tustin VN/25g/mb 6 Division of Costs Combination Total Tustin Santa Ana Traffic Signal Responsible Approach Highway Lighting Agency Lanes Location @ Inter- % of % of Section Lanes Cost Lanes Cost Red Hill at Warner Tustin 12 9 75% 3 25% McFadden at TLx=-tin Village Way Tustin 10 7 70% 3 300 M(,.adden at Williams Tustin 10 7 70% 3 30% McFadden at Ritchey Tustin 9 6 67% 3 330 Red Hill at Carnegie Tustin 9 6 67% 3 330 Warner at Pullman Santa Ana 12 6 500 6 50% VN/25g/mb 6