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1 ELECTRICAL FACILITIES COST SHARING AGREEMENT
WITH CITY OF BAKERSFIELD
THIS ELECTRICAL FACILITIES COST SHARING AGREEMENT (“AGREEMENT”) is made by and between the State of California, acting by and through the Department of Transportation ("STATE") and the City of Bakersfield (“LOCAL AGENCY ”), individually referred to as a “PARTY” and joint as “PARTIES.”
RECITALS
1. This AGREEMENT will specify the LOCAL AGENCY’s and STATE’s respective costs associated with the installation, operation, maintenance, repair, and replacement of electrical facilities, including electronically operated traffic control devices on SR(s) 58, 99, 178, 184 and 204 within the jurisdictional limits of the LOCAL AGENCY.
2. The PARTIES executed prior Electrical Facilities Cost Sharing Agreement s covering other areas of SR 58, 99, 178, 184 and 204. This AGREEMENT supersedes the prior Electrical Facilities Cost Sharing Agreement(s) with regard to Electrical Facilities listed in Exhibit A.
OPERATIVE PROVISIONS
1. Prior Electrical Facilities Cost Sharing Agreements. This AGREEMENT supersedes the prior Electrical Facilities Cost Sharing Agreement s with regard to Electrical Facilities listed in Exhibit A.
2. Updates to Exhibits. Changes to PARTIES ’ electrical facilities cost sharing arrangement, resulting from future additions, improvements or alterations to the electrical facilities covered in this AGREEMENT may be made by PARTIES attaching amended Exhibit(s) or addendum to the Exhibit(s).
3. Amendment to Agreement. Except as provided in the preceding Section concerning Exhibit amendments, the terms of the AGREEMENT can be changed only by a mutual written amendment by PARTIES.
4. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES and their respective successors-in-interest including, any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits. If the successor city or municipality fails to accept the obligations of the LOCAL AGENC Y by entering into a new agreement with STATE , LOCAL AGENCY shall continue to be contractually bound by the terms of this AGREEMENT.
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2 5. Permits STATE can enter the LOCAL AGENCY jurisdiction to perform any maintenance or work to the facilities covered by this AGREEMENT, without permits from LOCAL AGENCY. When feasible STATE shall provide advance notification by phone call or email to LOCAL AGENCY contact.
6. Electrical Facilities. This AGREEMENT specifies the LOCAL AGENCY’s and STATE’s respective costs associated with the operation, maintenance, repair and replacement of the electrical facilities specifically listed in Exhibit A under two categories one for STATE Owned and Maintained and another for LOCAL AGENCY owned.
7. Cost Sharing and Apportionment. Exhibit A lists the percentage of electrical facilities costs apportioned to each PARTY and shall be based on STATE’s actual costs.
8. Reimbursement of Actual Costs.
A. STATE shall pay for all the expenses stated in the “Basis for Billing” section below, for all the electrical facilities listed under STATE Owned and Maintained table shown in Exhibit A and seek reimbursement from LOCAL AGENCY as per the percentage stated in that table in Exhibit A.
B. LOCAL AGENCY shall directly spend for all the expenses stated in the “Basis for Billing” section below, for the electrical facilities listed under LOCAL AGENCY Owned and Maintained table shown in Exhibit A except Electrical energy costs which shall be paid by STATE directly to the utility company and thereafter STATE shall seek reimbursement from LOCAL AGENCY as per the percentage stated in LOCAL AGENCY Owned and Maintained table in Exhibit A
9. Costs
A. Basis for Billing
a. Total maintenance costs for flashing-beacons, traffic-signals, and traffic-signal systems shall be based on actual costs, including but not limited to the following:
i. The costs of repairs and replacement of the devices
ii. The costs of regular inspection and maintenance
iii. Labor, including overhead assessment, other expenses including, equipment, materials, and miscellaneous
expenses
iv. Electrical energy
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3 b. Total maintenance costs for safety-lighting and sign-lighting shall be based on calculated unit -costs derived by averaging STATE 's District-wide costs each quarter including but not limited to the following:
i. The costs of repairs and replacement of the devices
ii. The costs of regular inspection and maintenance
iii. Labor, including overhead assessment, other expenses including, equipment, materials, and miscellaneous
expenses
iv. Electrical energy
B. STATE will bill LOCAL AGENCY quarterly, in arrears, for LOCAL AGENCY’s share of electrical facilities costs listed in Exhibit “A.”
10. Budget Contingency. STATE’s obligation under this A GREEMENT is contingent upon the Legislature appropriating sufficient funds under the Budget Act, and the encumbrance of funding to the STATE’s District Office.
11. Legal Relations and Responsibilities.
A. No Third-Party Beneficiaries. This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to the AGREEMENT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the operation and maintenance of STATE highways and LOCAL AGENCY facilities different from the standard of care imposed by law.
B. Indemnification. Neither LOCAL AGENCY nor any of its officer s or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction conferred upon STATE arising under this AGREEMENT. STATE, pursuant to Government Code Section 895.4, shall fully defend , indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.
Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY, under or in connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY arising under this AGREEMENT. LOCAL AGENCY, pursuant to Government Code Section 895.4, shall fully defend, indemnify , and save harmless REV 03/2026
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4 STATE and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by LOCAL AGENCY under this AGREEMENT.
12. Termination. This AGREEMENT may be terminated by a formal agreement.
13. Effective Date. This AGREEMENT shall become effective on the last date each PARTY’s authorized representative has executed this AGREEMENT.
14. Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized to execute this AGREEMENT. LOCAL AGENCY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority as required.
THE CITY OF BAKERSFIELD STATE OF CALIFORNIA
By: __________________________
Karen Goh, Mayor
DEPARTMENT OF TRANSPORTATION
Initiated and Approved
By: ___________________________
Zachary Meyer, Public Works
Director
By: ___________________________
John Liu, Deputy District Director
Maintenance and Operations
APROVED AS TO FORM:
By: __________________________
Ashley Zambrano, Deputy City
Attorney II
COUNTERSIGNED:
By: __________________________
Randy McKeegan, Finance
Director
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7 EXHIBIT A
TRAFFIC SIGNAL AND LIGHTIG AGREEMENT (5109)
Effective June 1, 2026
LOCAL AGENCY Owned and Maintained
Electrical Cost Share Billed by STATE*
Route and
PM
Location Type of Facility
Cost Distribution
STATE LOCAL
AGENCY
No asset
* LOCAL AGENCY shall directly spend for all the expenses stated in the “Basis for Billing” clause except Electrical energy costs which shall be paid by STATE directly to the utility company and thereafter STATE shall seek reimbursement from LOCAL AGENCY as per the percentage