City of Costa Mesa
TR-12-5-27
12-ORA-405-PM 8.2/12.6
1 AGREEMENT FOR SHARING COST OF STATE HIGHWAY
ELECTRICAL FACILITIES WITH CITY OF COSTA MESA
THIS AGREEMENT is made effective this ________ day of __________, 20_____, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of COSTA MESA, hereinafter referred to as “CITY” and collectively referred to as “PARTIES.”
This Agreement shall supersede any previous Agreement and/or Amendments thereto for sharing State-incurred costs with the CITY.
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 in Exhibit “A”.
The PARTIES agreed to enter a three (3) year pilot agreement to imp lement a proportional cost- sharing arrangement for traffic signal maintenance located within the I -405 freeway proper .
Existing cost-sharing arrangements at other locations remain in effect. Approaching the conclusion of the pilot period, the STATE shall convene the PARTIES to initiate a joint review of the arrangement to determine future cost-sharing strategies.
NOW THEREFORE IT IS AGREED:
1. Basis for Billing:
1.1. It is agreed that monthly billings for flashing -beacons, traffic -signals, and traffic - signal systems shall be based on actual intersection costs, which are as follows:
1.1.1. Maintenance Labor, including overhead assessment, other expenses including, equipment, materials, and miscellaneous expenses
1.1.2. Electrical energy
1.2. It is agreed that quarterly billings for safety-lighting and sign-lighting shall be based on calculated unit -costs derived by averaging STATE's District -wide costs each quarter. Costs are as follows:
1.2.1. Maintenance Labor, including overhead assessment, other expenses including, equipment, materials, and miscellaneous expenses
1.2.2. Electrical energy
1.3. It is agreed that quarterly billings invoiced to CITY for STATE-owned and maintained electrical facilities identified in Exhibit “A” will be based on actual costs paid by ATTACHMENT 3
City of Costa Mesa
12-ORA-405-PM 8.2/12.6
2 STATE, when derived from utility company billings. STATE will bill CITY quarterly in arrears for any CITY share of electrical facilities expenses shown in Exhibit “A”.
2. Exhibit “A” will be amended, as necessary by written concurrence of both parties , to reflect changes to the system.
3. 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 STATE to pay the billings by CITY.
4. LEGAL RELATIONS AND RESPONSIBILITIES
4.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not PARTIES to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.
4.2. Neither CITY nor any officer or employee thereof 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. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occ urring by reason of anything done or omitted to be done by STATE under this Agreement with exception of those actions of STATE necessary to cure a noticed default on the part of the CITY.
4.3. Neither STATE nor any officer or employee thereof is responsible for any injury, 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 conferred upon CITY/COUNTY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.
5. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES; by either party upon thirty (30) days' notice to the other party.
6. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect for three (3) years from the effective date.
This agreement may also be amended, terminated at any time upon mutual consent of the PARTIES or terminated by STATE for cause.
City of Costa Mesa
12-ORA-405-PM 8.2/12.6
3 PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written.
THE CITY OF COSTA MESA STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor/Chairmen
TOKS OMISHAKIN
Director of Transportation
Initiated and Approved
By: ___________________________
City/County Manager
By: ___________________________
Roberta C. Hettick, P.E.
Deputy District Director
Operations and Maintenance
District 12
ATTEST:
By: __________________________
City/County Clerk
By: __________________________
City/County Attorney
EXHIBIT “A”
Revised: Oct 10, 2025
CITY OF COSTA MESA
ELECTRICAL FACILITIES MAINTENANCE BY STATE
DISTRIBUTION OF COST
STATE OWNED AND MAINTAINED
E-Number
Route Cost Distribution
Post Mile Location Type of Facility Unit State (%) City (%) 1 FOR I-405 ONLY – COST DISTRIBUTION FOR MAINTENACE, OPERATIONS AND ENERGY ARE DISTRIBUTED PORPORTIONALLY BETWEEN STATE AND CITY.
E0301 I-405 NB Signal
405 Anton off ramp Type “P” 33 67
9.10 Intersection Light
Type “E”
2-LED 0.8 33 67
Illuminated Signs
Type “G”
2-SNB 4.0 100
E0212 I-405 NB off-ramp Signal
405 Avenue of the Arts Type “P” 25 75
9.22 Intersection Light
Type “E”
4-LED 1.6 25 75
E0807 I-405 NB Signal
405 Bristol off ramp Type “P” 25 75
9.51 Intersection Light
Type “E”
4-LED 1.6 25 75
Illuminated Signs
Type “G”
2-SNB 4.0 100
0 0
EXHIBIT “A”
Revised: Oct 10, 2025
CITY OF COSTA MESA
ELECTRICAL FACILITIES MAINTENANCE BY STATE
DISTRIBUTION OF COST
STATE OWNED AND MAINTAINED
E-Number
Route Cost Distribution
Post Mile Location Type of Facility Unit State (%) City (%) 2 E0209 I-405 SB Signal
405 Bristol Type “P” 33 67
9.50 Intersection Light
Type “E”
4-LED 1.6 33 67
Illuminated Signs
Type “G”
2-SNB 4.0 0 100
E0208 I-405 NB off-ramp Signal
405 South Coast Dr Type “P” 33 67
10.3 Intersection Light
Type “E”
4-LED (165W) 2.0 33 67
Illuminated Signs
Type “G”
2-SNB 4.0 0 100
E0805 I-405 NB Signal
405 Fairview Type “P” 50 50
10.78 Intersection Light
Type “E”
7-LED (235W) 4.2 50 50
Illuminated Signs
Type “G”
2-SNB 4.0 0 100
EXHIBIT “A”
Revised: Oct 10, 2025
CITY OF COSTA MESA
ELECTRICAL FACILITIES MAINTENANCE BY STATE
DISTRIBUTION OF COST
STATE OWNED AND MAINTAINED
E-Number
Route Cost Distribution
Post Mile Location Type of Facility Unit State (%) City (%) 3 E0756 I-405 SB Signal
405 Fairview Type “P” 50 50
10.80 Intersection Light
Type “E”
5-LED (235W) 3.0 50 50
Illuminated Signs
Type “G”
2-SNB 4.0 100
E0170 Susan St Signal
405 NB off-ramp Type “P” 33 67
11.2 Intersection Light
Type “E”
3-LED 1.2 33 67
Illuminated Signs
Type “G”
3-SNB 6.0 100
E0893 I-405 SB Signal
405 Harbor Type “P” 33 67
11.44 Intersection Light
Type “E”
5-LED (235W) 3.0 33 67
Illuminated Signs
Type “G”
1-SNB 1.0 0 100
0 EXHIBIT “A”
Revised: Oct 10, 2025
CITY OF COSTA MESA
ELECTRICAL FACILITIES MAINTENANCE BY STATE
DISTRIBUTION OF COST
STATE OWNED AND MAINTAINED
E-Number
Route Cost Distribution
Post Mile Location Type of Facility Unit State (%) City (%) 4 E0752 I-405 NB Signal
405 Harbor Type “P” 33 67
11.46 Intersection Light
Type “E”
4-LED 1.6 33 67
Illuminated Signs
Type “G”
1-SNB 2.0 0 100
E0211 I-405 NB on-ramp Signal
405 South Coast/Hyland Type “P” 33 67
11.8 Intersection Light
Type “E”
3-LED (165W) 1.2 33 67
Illuminated Signs
Type “G”
2-SNB 4.0 0 100
EXHIBIT “A”
Revised: Oct 10, 2025
CITY OF COSTA MESA
ELECTRICAL FACILITIES MAINTENANCE BY STATE
DISTRIBUTION OF COST
STATE OWNED AND MAINTAINED
E-Number
Route Cost Distribution
Post Mile Location Type of Facility Unit State (%) City (%) 5 FOR SR-55 & SR-73 - COST DISTRIBUTION = 100% STATE ON OPERATIONS & MAINTENANCE; 100% CITY ON ENERGY
Maintenance Energy
E0377 SR 55 Signal
055 Newport and Type “P” 100 100
1.01 Industrial Way
Intersection Light
Type “E”
6-LED 2.4 100 100
Illuminated Signs
Type “G”
4-SNB 8.0 100 100
Maintenance Energy
E0378 SR 55 Signal
055 Newport and Type “P” 100 100
1.23 16th Street
Intersection Light
Type “E”
6-LED 2.4 100 100
Illuminated Signs
Type “G”
4-SNB 8.0 100 100
EXHIBIT “A”
Revised: Oct 10, 2025
CITY OF COSTA MESA
ELECTRICAL FACILITIES MAINTENANCE BY STATE
DISTRIBUTION OF COST
STATE OWNED AND MAINTAINED
E-Number
Route Cost Distribution
Post Mile Location Type of Facility Unit State (%) City (%) 6 Maintenance Energy
E0731 SR 55 Signal
055 Newport and Type “P” 100 100
1.45 17th Street
Intersection Light
Type “E”
5-LED 2.0 100 100
Illuminated Signs
Type “G”
4-SNB 8.0 100 100
E0380 SR 55 Signal
055 Newport and Type “P” 100 100
1.67 Rochester
Intersection Light
Type “E”
5-LED 2.0 100 100
Illuminated Signs
Type “G”
4-SNB 8.0 100 100
E0382 SR 55 Signal
055 Newport and Type “P” 100 100
1.82 Harbor Blvd
Intersection Light
Type “E”
4-LED 1.6 100 100
Illuminated Signs
Type “G”
3-SNB 6.0 100 100
EXHIBIT “A”
Revised: Oct 10, 2025
CITY OF COSTA MESA
ELECTRICAL FACILITIES MAINTENANCE BY STATE
DISTRIBUTION OF COST
STATE OWNED AND MAINTAINED
E-Number
Route Cost Distribution
Post Mile Location Type of Facility Unit State (%) City (%) 7 Maintenance Energy
E0873 SR 55 Signal
055 Broadway Type “P” 100 100
1.89 Intersection Light
Type “E”
4-LED 1.6 100 100
Illuminated Signs
Type “G”
2-SNB 4.0 100 100
E0383 SR 55 Signal
055 Newport and Type “P” 100 100
2.02 19th Street
Intersection Light
Type “E”
4-LED 1.6 100 100
Illuminated Signs
Type “G”
4-SNB 8.0 100 100
E0895 SR 55 NB Signal
055 Baker Type “P” 100 100
5.31 Intersection Light
Type “E”
3-LED 1.2 100 100
Illuminated Signs
Type “G”
1-SNB 2.0 100 100
EXHIBIT “A”
Revised: Oct 10, 2025
CITY OF COSTA MESA
ELECTRICAL FACILITIES MAINTENANCE BY STATE
DISTRIBUTION OF COST
STATE OWNED AND MAINTAINED
E-Number
Route Cost Distribution
Post Mile Location Type of Facility Unit State (%) City (%) 8 Maintenance Energy
E0835 SR 55 SB Signal
055 Baker Type “P” 100 100
5.33 Intersection Light
Type “E” – 3-LED
Type “L” – 1-LED
1.2 0.4
100
100
100
100
Illuminated Signs
Type “G”
1-SNB 2.0 100 100
E0896 SR 55 NB Signal
055 Paularino Type “P” 100 100
5.50 Intersection Light
Type “E”
3-LED 1.2 100 100
Illuminated Signs
Type “G”
1-SNB 2.0 100 100
E0587 SR 55 SB Signal
055 Paularino Type “P” 100 100
5.53 Intersection Light
Type “E”
3-LED 1.2 100 100
Illuminated Signs
Type “G”
1-SNB 2.0 100 100
EXHIBIT “A”
Revised: Oct 10, 2025
CITY OF COSTA MESA
ELECTRICAL FACILITIES MAINTENANCE BY STATE
DISTRIBUTION OF COST
STATE OWNED AND MAINTAINED
E-Number
Route Cost Distribution
Post Mile Location Type of Facility Unit State (%) City (%) 9 Maintenance Energy
E1197 SR 73 Signal
073 Bear SB Type “P” 100 100
7.30 Intersection Light
Type “E”
4-LED 1.6 100 100
Illuminated Signs
Type “G”
1-SNB 2.0 100 100
E1299 SR 73 Signal
073 Bear NB Type “P” 100 100
7.30 Intersection Light
Type “E”
4-LED 1.6 100 100
Illuminated Signs
Type “G”
1-SNB 2.0 100 100