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Routes 5NB, 14U, 14NB
ELECTRICAL FACILITIES COST SHARING AGREEMENT
WITH CITY OF SANTA CLARITA
THIS ELECTRICAL FACILITIES COST SHARING AGREEMENT (“AGREEMENT”) is made by and between the State of California, acting by and trough the Department of Transportation (“STATE”) and the City of Santa Clarita (“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 State Routes (SR(s)) 5, 14U and 14B Within the jurisdictional limits of the LOCAL AGENCY.
2. The PARTIES executed a prior Electrical Facilities Cost Sharing Agreement date June 05, 2002, covering SR (s)5, 14U and 14B. This AGREEMENT supersedes the prior Electrical Facilities Cost Sharing Agreement 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 June 05, 2002, Agreement with regard to Electrical Facilities listed in Exhibit A.
2. Update 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) to 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, and 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 AGENCY by entering into a new agreement with STATE, LOCAL AGENCY by entering into a contractually bound by the terms of this AGREEMENT.
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. If LOCAL AGENCY must enter STATE right of way to perform any maintenance or work to the facilities covered by this agreement, LOCAL AGENCY must be issued an encroachment permit from the State’s District 7 Encroachment Permit Office at no cost to LOCAL AGENCY.
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Routes 5NB, 14U, 14NB
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 STATE Owned and LOCAL AGENCY Maintained.
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 Exhibits A, and seek reimbursement from LOCAL AGENCY as per the percentage stated in that table in Exhibits A.
9. Costs
A. Basis for Billing
a. Total maintenance costs for traffic‐signals, and traffic‐signals systems shall be based on actual costs, including but not limited to the following:
i. The cost 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.
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
10. Budget Contingency. STATE’s obligation under this Agreement is contingent upon the Legislature appropriating sufficient funds under the Budget Act, and encumbrance of funding to the STATE’s District Office.
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Routes 5NB, 14U, 14NB
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 officers 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 STATE and its officers and employee 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.
4 THE LOCAL AGENCY OF ______________________ STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
INITIATED AND APPROVED:
Dated:_______________ ____________________ Dated:____________ ____________________ Kenneth W. Striplin Godson K. Okereke, PE
City Manager Deputy District Director Maintenance District
APPROVED AS TO FORM AND PROCEDURE
Date: _____________ _____________________
Joseph M. Montes
City Attorney
5 Exhibit “A”
ELECTRICAL FACILITIES OPERATION AND MAINTENANCE
COST DISTRIBUTION
CITY OF SANTA CLARITA
Maintained by CITY OF SANTA CLARITA
STATE Owned
Electrical Cost Shared – Billed City of Santa Clarita
Post
SAFETY ILLUM COST DISTR
No. ROUTE Mile LOCATION E# SIGNAL LIGHTS UNITS SIGNS UNITS STATE CITY 1 14NB 30.89
SIERRA HWY
& VIA
PRINCESS E1376 170 5‐140W(LED) 2.0 33.30% 66.70% 2 14U 29.400
SIERRA HWY
& RAINBOW
GLEN E1349 170 3‐140W(LED) 1.0 3‐132W(SNB) 6.0 66.70% 33.30% 3 14U 29.350
SIERRA HWY
& GOLDEN
VALLEY RD. E1508 170 8‐140(LED) 3.2 66.70% 33.30% 4 14U 27.81
SIERRA HWY
& PLACERITA
CYN E0969 170 4‐140(LED) 1.2 4‐132W(SNB) 8.0 50% 50% 5 14U 27.345
SIERRA HWY
&
DOCKWEILER E1326 170 4‐140(LED) 1.2 3‐132W(SNB) 6.0 66.70% 33.30%
6 STATE Owned
Maintenance and Electrical Cost Shared – Billed by State
Maintained by the STATE
STATE Owned and Maintained
Maintenance and Electrical Cost Shared ‐ Billed by State Post E# SAFETY ILLUM COST DISTR
No. ROUTE Mile LOCATION SIGNAL LIGHTS UNITS SIGNS UNITS STATE CITY 1 5NB 50.300 LYONS AVE 1290 170 2‐150W(HPS) 1.0
3‐
132W(SNB) 6.0 50% 50%
4‐200W(HPS) 2.0
2 5NB 51.440
McBEAN
PKWY 1422 170 7‐200W(HPS) 3.5
3‐
132W(SNB) 6.0 50% 50%
3 5NB 52.467
VALENCIA
BLVD 1506 170 4‐140W(LED) 2.0
1‐
132W(SNB) 2.0 50% 50%
4 5NB 53.60
MAGIC
MOUNTAIN
PKWY 4575 170 6‐40W(LED) 50% 50%
5 14SB 29.90
GOLDEN
VALLEY
ROAD 1576 170 6‐140W(LED) 50% 50%
6 14SB 29.90
GOLDEN
VALLEY
ROAD 1575 170 5‐140W(LED) 2.5
1‐
132W(SNB) 2.0 50% 50%
7 14NB 31.00
VIA
PRINCESSA 1557 170 5‐140W(LED) 50% 50%
8 14SB 31.10
VIA
PRINCESSA 1558 170 5‐140W(LED) 50% 50%
9 14NB 33.42
SAND
CANYON 1214 170 4‐140W(LED) 2.5 50% 50%
10 14SB 33.45
SOLEDAD
CYN & SAND
CYN 1375 170 3‐140W(LED) 1.5
3‐
132W(SNB) 6.0 50% 50%