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HomeMy WebLinkAboutIRVINE, CITY OF (10)A G R E E M E N T INSURAPICE NMI` tOR'K, MAY Pi CLAE'KA (0" d THIS AGREEMENT, made and entered into this day of-- 1989, by and between the CITY OF IRVINE, a municipal corporation, hereinafter designated as "IRVINE", and the CITY OF SANTA ANA, a municipal corporation, hereinafter designated as "SANTA ANA". WITNESSETH: WHEREAS, these traffic signal and intersection lighting installations are partially in an area under jurisdiction of IRVINE, and partially in area under jurisdiction of SANTA ANA, and WHEREAS, IRVINE desires to utilize the services of SANTA ANA with respect to the installation of said IRVINE traffic signal and highway lighting installations, and WHEREAS, IRVINE and SANTA ANA, desire to specify the procedure for equitably distributing the cost of installation for said facilities, and WHEREAS, the provisions of Title 1, Division 7, Chapter 5, Article 1, of the California Government Code entitled - 1 - "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. Installation work to be performed shall include upgrading, and/or installing one or more of the following: traffic signal poles, mast arms, signal heads, safety lighting, interconnect, controller, or other facilities necessary for the operation of the traffic signal. II. The installation costs for traffic signal and intersection lighting installations shall be borne by the parties hereto and shall be based on the actual costs incurred at each installation; IRVINE'S share of said cost at each installation shall be a sum, bearing the same proportion to the total cost of installation, as the number of approach lanes of highways under jurisdiction of IRVINE at the location involved, bears to the total number of lanes of highways 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 installation, as the number of approach lanes of highways under jurisdiction of SANTA ANA at the Location involved, bears to the total number of approach lanes of highways at such location. - 2 - �10 III. The minimum installation 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. IV. For purposes of determining the number of highway lanes applicable to each jurisdiction, the CITY limits shall be as they exist at the time the installation costs are incurred. V. The traffic signal and highway lighting installations at which the cost of installations 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. VI. The parties shall furnish, such cost for new installations as is specifically delegated to it, as shown on Exhibit "A" attached. V11. The parties shall maintain or cause to be maintained all future traffic signal installations as provided for in the cooperative agreement for those installations. VIII. The agency assuming the installation responsibilities in accordance with this Agreement will periodically bill the other agency, as provided for in this Agreement, and will promptly be reimbursed by the billed agency, for the appropriate installation costs. IX. 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. X. It is mutually understood and agreed; (a) That neither SANTA ANA 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 IRVINE under or in connection with any work, authority or jurisdiction delegated to IRVINE under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, IRVINE shall fully indemnify and hold SANTA ANA harmless from any liability imposed for injury (as defined by Government Code Section 810.80) occurring by reason of anything done or omitted to be done by IRVINE under or in connection with any work, authority or jurisdiction delegated to IRVINE under this Agreement. (b) That neither IRVINE 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 - 4 - 6 P SANTA ANA under or in connection with any work, authority or jurisdiction delegated to SANTA ANA under this Agreement. it is also understood and agreed that, pursuant to Government Code Section 895.4, SANTA ANA shall fully indemnify and hold IRVINE 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 SANTA ANA under this Agreement. IN WITNESS WHEREOF, IRVINE has caused this Agreement to be executed by its Mayor, and attested by its Clerk, and SANTA ANA, has caused this Agreement to be executed by its Mayor and attested by its Clerk, all thereunto duly authorized by Minute Order of IRVINE Council, and SANTA ANA Council. CITY OF IRVINE, a municipal corporation Dated: 1989 By: Ma r - 5 - 19-� ATTEST: City Clerk of the City of Irvin 3 ATTEST: / "" \I- C, ,vadice C. Guy Clerk of the Council of. t./e City of Santa Ana APPROVED AS TO FORM: Edward Vj Co p e r City Attorney of the City of Santa Ana APPROVED: David H. Grosse Executive Director Public Works Agency City of Santa Ana APPROVED AS TO FORM: CITY ATTORNEY CITY OF' SANTA ANA a Municipal Corporation By Da—hiel H. Yogg� Mayor City of Sant A a 6