HomeMy WebLinkAboutCalifornia, State of /DOT / Dept of Transportation; 1992-01-28; 11-0457/A1-
May 24, 1996
TO: CITY CLERK
FROM: City Engineer
EXECUTED AMENDMENT TO COOPERATIVE AGREEMENT Ii-04057/Al FOR PAR
Enclosed for you records is a fully executed original copy of the Cooperative
Agreement No. 11-0457/A between the City of Carlsbad and the State. This
“Amendment of Agreement” amends the original Agreement Number 1 I-0457 for
Landscape Maintenance (Agenda Bill No. 13,587, Resolution 96-116, Council Date:
April 2, 1996).
City Engineer
LBH: brg
c: Parks Superintendent
STATE OF CALIFORNIA-BUSINESS, TRANSPf- TION AND HOUSING AGENCY - PETE WILSON, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 11, P.O. BOX 85406, SAN DIEGO 92186-5436 (619) 688-3210 Voice
(619) 688-2575 TDD
(619) 688-3688 Fax
May 15, 1996
11-SD-5 P.M. R46.6/R47.9
EJ&&.3,@~~s,~11 Ag&&&&~~&~~0457/Al Palomar Airport Road
Mr. Lloyd B. Hubbs, City Engineer City of Carlsbad 2075 Las Palmas Drive Carlsbad CA 92009-1576
Dear Mr. Hubbs:
Enclosed for your records is a fully executed original copy of the Cooperative Agreement No. ll-0457/Al between the City of Carlsbad and the State. This "Amendment To Agreement" amends the original Agreement Number 11-0457, to change the City's landscape maintenance obligation period from four years to two years. The location of this project is at the Palomar Airport Road
Interchange with State Freeway Route I-5.
Sincerely,
DAVID V. Cooperative
Enclosure
* 8000 .
ll-SD-5 P. M. R46.6/R47.9 EA 11348-153911 District Agreement No. ll-0457/Al Palomar Airport Road
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT, ENTERED INTO ON &A g-e96 between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and
CITY OF-CARLSBAD, a body politic and a municipal corporation of the State of California, referred to herein as 'CITY'.
. RECITALS .
1. The parties hereto entered into an Agreement (identified both as Document No. 8000 and District Agreement No. 11-0457) on January 23, 1992, said Agreement defining the terms and conditions relative to parties cooperating to perform project development and implementation of State Highway improvements consisting of constructing a new interchange on Interstate Route 5 at Palomar Airport Road, referred to herein as 'PROJECT'.
2. It has been decided to change the duration of CITY's maintenance of the completed project from four years to two years.
IT IS THEREFORE MUTUALLY AGREED:
1. Article 9 of Section II of the Original Agreement is no longer in force and is deleted.
2. Article 9a is added to Section II of the original Agreement is to read:
CITY will assume maintenance and the expense thereof of all the landscape work on PROJECT for a period of two (2) years. Said maintenance period shall commence with approval of this amendment. Maintenance Standards incorporated in the original Agreement as Exhibit B are still in force.
8000 ll-0457/Al I
3. The other terms and conditions of said Agreement (Document No. 8000) shall remain in full force and effect.
4. This Amendment to Agreement is hereby deemed to be a part of Document No. 8000.
STATE OF CALIFORNIA Department of Transportation CITY OF CARLSBAD
JAMES W. VAN LOBEN SELS
Office Chief-Engineering
Attest:
Certified as to funds and procedures:
/v g Administrator .
Approved I hereby certify uponmy own personal knowledge
unds are available tto STATE
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RESOLUTION NO. 96-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CAUFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDMENT TO AGREEMENT NO. l l-0457/Al WITH CALTRANS FOR
LANDSCAPE MAINTENANCE AT THE PALOMAR AIRPORT ROAD
AND INTERSTATE 5 INTERCHANGE.
WHEREAS, the City of Catlsbad entered into an agreement with the State of California
Department of Transportation on January 28,1992 through Cooperative Agreement No. 1 l-9457
for the improvements to the Palomar Airport Road at Interstate 5 Interchange; and
WHEREAS, the City of Carlsbad desires to amend the existing agreement with the State -e’
to revise the time frame for maintenance responsibilities from 4 years to 2 years; and
WHEREAS, there are adequate funds in the CFD Palomar Airport Road and Interstate 5
interchange construction account; and
WHEREAS, the City Council of the City of Carlsbad hereby finds it necessary, desirable
and in the publics interest to amend the Cooperative Agreement No 1 l-0457.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and correct.
2. That the amended Cooperative Agreement No. l l-0457/Al between the State and the
City of Carlsbad is hereby approved and the Mayor and City Clerk are hereby authorized and
directed to execute said amended agreement.
3. That the Finance Director is authorized to transfer $152,500 from the CFD Palomar
Airport Road and Interstate 5 construction account to a landscaping maintenance account.
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4. The City Clerk is authorited to forward the four (4) signed vellum original agreements
and a certified copy of this resolution to Mr. David V. Moody, Cooperative Agreements,
CALTRANS, District 11, P.O. Box 85406, San Diego, CA 92186-5406.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 2nd day of APRIL I 1996 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L RAUTENKFIANZ, City Clerk WV
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
1, ALETRA L. RAUTENKRANZ, City Clerk of the City of Carlsbad,
County of San Diego, State of California, hereby certify that I
have compared the foregoing copy of Resolution No. 96-116 with
the original which is on file in the City Clerk's Office, and that
the same contains a true and correct copy of same.
WITNESS my hand and the seal of said City of Carlsbad, this 11th
day of Anril , 1996.
(SEAL)
City Clerk
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STATE OF CAuFDFiNlA - BUSINESS. TFWSKRWllDNAND HOUSINGS PETE WILSON, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 11, P.O. BOX 85406, SAN DIEGO 92186-5406
688-6792 !
February 21, 1992
CITY OF CARLSBAD ENGINEERING DEPARTMENT
11-SD-5 R46.6/R47.9 11203-153911 Agreement No. 11-0457 Palomar Airport Road
Mr. Marty Orenyak Community Development Director City of Carlsbad 2075 Las Palmas Carlsbad, Ca. 92009
Attention Mr. Lloyd Hubbs
Dear Mr. Orenyak:
Enclosed for your records is a fully executed original copy of the Cooperative Agreement, No. 11-0457, with the City of Carlsbad, for the construction of State Highway improvements consisting of widening the overcrossing on Route 5 at Palomar Airport Road.
This agreement was executed by the City on January 28, 1992.
Sincerely,
JESUS M. GARCIA District Director
BY
L/JERRY W. LOVE District Local Streets and Roads Engineer
Enclosure
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ll-SD-5 R46.6/R47.9 11203-153911 Agreement No. 11-0457 Palomar Airport Road
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON L flufl17 z8J)?qzis between the STATE OF CALIFORNIA, I acting by and through its Department of Transportation, referred to herein as llSTATE1', and
CITY OF CARLSBAD, a body politic and a municipal corporation of the STATE of California, referred to herein as WICITY*l
(1)
(2)
(3)
(4)
(5)
(6)
RECITALS
STATE and CITY contemplate constructing State Highway improvements consisting of widening the overcrossing on Route 5 at Palomar Airport Road, referred to herein as ~WPROJECTl~.
STATE is authorized to do all acts necessary, convenient or proper for the construction or improvement of all highways under its jurisdiction, possession or control:
52 CITY is authorized to plan, design, acquire right of way and construct projects on the State Highway System; ?Z 'P \d
STATE and CITY do mutually desire to jointly participate in the construction of PROJECT and desire to specify herein the terms and conditions under which PROJECT is to be constructed, financed and maintained.
The purchase of right of way, the handling of utility relocation, and preliminary and design engineering for PROJECT have been subjects of separate prior Cooperative Agreements.
An Amendment, A/l, to the design Cooperative Agreement, No. 11-0378, for PROJECT to include seismic retrofitting of the existing structure was executed on October 22, 1991. STATE will bear the entire expense for retrofit work.
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SECTION I
11-0457
STATE AGREES:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
To provide all labor, materials, tools and equipment to
perform services for PROJECT, including contract administration, inspection, materials testing and such other construction engineering as may be required for satisfactory completion of PROJECT.
At no cost to CITY, to provide those STATE services included in STATE's oversight responsibility for construction of PROJECT in accordance with the provisions of STATE's Policy and Procedure Memorandum No. P90-01.
To pay all costs incurred to install seismic retrofitting of existing structures.
To construct PROJECT by contract in accordance with plans and specifications prepared by CITY and approved by STATE.
To issue, upon proper written application by CITY or its contractor, an encroachment permit authorizing entry onto STATE's right of way to perform required landscape maintenance.
To establish separate PROJECT accounts to accumulate charges for all costs to be paid for by CITY pursuant to this Agreement.
To submit an initial billing in the amount of $550,000 to CITY, immediately following STATE's bid advertising date of a construction contract for PROJECT. Said initial billing to represent CITY's initial deposit for two months estimated cost of STATE services and for one month estimated construction cost.
Thereafter, to prepare and submit monthly billing statements for estimated expenditures for construction and STATE services one month in advance to CITY, as construction of PROJECT proceeds.
To consult with CITY on all change orders with an estimated cost of over $50,000 before implementation, except when necessary for the safety of motorists and/or pedestrians or for the protection of property.
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11-0457
(10) To provide CITY quarterly reports of actual expenditures compared to the monthly advances made by CITY and to provide updated planned reimbursement schedules. The cash deposit amounts may by revised based on the updated planned expenditure schedules. STATE will monitor the actual versus the planned expenditures monthly to assure that CITY's advance deposits pursuant to Section II, Articles 4 and 5, will always be sufficient.
(11) Upon completion of PROJECT and all work incidental thereto, to furnish CITY with a detailed statement of the total actual costs of construction and STATE services for PROJECT, including the costs of any contract claims which have been allowed to the construction contractor. STATE thereafter shall refund to CITY (promptly after completion of STATE's audit) any amount of CITY's deposits and payments STATE is holding after actual costs to be borne by CITY have been deducted, or to bill CITY for any additional amount required to complete CITY's financial obligations pursuant to this Agreement.
SECTION II
CITY AGREES:
(1) To bear 100 percent of the total actual construction cost of PROJECT, excluding construction cost of seismic retrofitting for existing structure, estimated to be $7,800,000, including the cost of STATE-furnished materials, supplemental work, change orders, contract claims paid to the construction contractor, and the cost of STATE's defense of all PROJECT-related claims which may be filed by said contractor. The actual construction costs of PROJECT shall be determined after completion of all work and upon final accounting of costs.
(2) To bear 100 percent of the actual cost of STATE services for PROJECT, excluding STATE services for seismic retrofit work, estimated to be $1,053,000. Said costs of STATE services shall include costs of providing personnel resources and their equipment and all direct and indirect costs (functional and administrative overhead assessment) attributable to such work applied in accordance with STATE's standard accounting procedures, except those costs which are determined to be included in STATE's oversight responsibility. The actual cost of STATE services for PROJECT shall be determined after completion of all work and upon final accounting of costs.
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(3)
(4)
11-0457
CITY's initial total'obligation for the costs of construction and STATE's services is $8,853,000. This amount is subject to increase to cover the costs of utility protection, relocation or removal as provided in Article (12) of Section III of this Agreement. The total obligation may also be adjusted to reflect costs which differ from the initial estimated total costs of construction and STATE services. Any increase in total obligation will be subject to the vote of CITY, the certified results of which will be incorporated by reference into this Agreement without the necessity of a written amendment.
To deposit with STATE within 20 working days of receipt of billing therefor (which billing will be forwarded immediately following STATE's bid advertising date of a construction contract for PROJECT ), the amount of $550,000. Said figure represents the estimated initial deposit for two months estimated cost of STATE services and one month estimated construction cost for PROJECT, as shown on Exhibit 'IA"
attached and made a part of this Agreement.
(5) To deposit with STATE not later than 10 working days preceding the beginning of each month, the estimated expenditures for that month and to continue making such advance deposits on a monthly basis until PROJECT completion.
(6) To pay STATE upon completion of all work and within 25 working days of receipt of a detailed statement made upon final accounting of costs therefor, any amount over and above the aforementioned deposits and payments required to complete CITY's financial obligation pursuant to this Agreement.
(7) STATE's construction contract claims process will be used in consultation with CITY. CITY shall abide by the outcome of said process.
(8) Upon completion of work under this Agreement, CITY will assume maintenance and the expense thereof for any part of PROJECT located outside of current STATE right of way until acceptance of any such part of PROJECT into the State highway system by STATE, approval by the Federal Highway Administration, if required, and conveyance of acceptable title to STATE.
(9) Upon completion of the PROJECT construction contract by STATE, CITY will assume maintenance and the expense thereof of all the landscape work on PROJECT, for a period of four (4) years. Maintenance Standards are attached to this Agreement and incorporated herein by reference as Exhibit I~Bl~.
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11-0457
(10) To make written application to STATE or to have CITY's contractor make written application to STATE for necessary encroachment permits authorizing entry onto STATE's right of way to perform required landscape maintenance. Permits will be issued in accordance with STATE's standard permit procedures.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by California Transportation Commission.
(2) Should any portion of PROJECT be financed with Federal funds or State gas tax funds, all applicable laws, rules and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement.
(3) STATE's goals for utilization of Minority and Women's Business Enterprise (MBE and WBE) will be included in the construction contract. The contract goals will be based on a technical analysis of contract items and certified MBE/WBE subcontractors in the area. STATE will award PROJECT to the lowest responsible bidder who meets the goals or who made, in the sole judgment of STATE, a good faith effort to do so.
(4) STATE shall not advertise for bids to construct PROJECT until after this Agreement is executed by both parties thereto. STATE shall also not advertise for bids to construct PROJECT until CITY delivers to STATE control and/or possession to rights of way, free and clear of all encumbrances detrimental to STATE's present and future uses at a time of CITY's certification of rights of way ready for construction. Acceptance of said title by STATE is subject to a review of a Policy of Title Insurance in STATE's name to be provided and paid by CITY.
(5) STATE shall not award a contract to construct PROJECT until after receipt of CITY's deposit required in Article (4) of Section II.
(6) If, after opening bids for PROJECT and if bids indicate a cost overrun of no more than 10% of the Engineer's Estimate will occur, STATE may award the contract, except that immediately after opening of bids, STATE and CITY may conduct a joint review of the bid item prices if so requested by CITY.
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11-0457
(7) If CITY does not agree with the aforementioned bid item prices, CITY may terminate this Agreement within 25 days of the opening of bids pursuant to the provisions of Article (9) of this Section III.
(8) If upon opening of bids for PROJECT, it is found that a cost overrun exceeding 10% of the Engineer's Estimate will occur, STATE and CITY shall consult upon a course of action. If, after 15 days, a course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent pursuant to Article (10) of this Section III.
(9) Prior to award of the construction contract for PROJECT, CITY may terminate this Agreement, in writing, provided that CITY pays STATE for all PROJECT related costs, excluding costs related to seismic retrofitting, incurred by STATE, under terms of this Agreement.
(10) If termination of this Agreement is by mutual consent, CITY will bear 100 percent of all PROJECT related costs, excluding costs related to seismic retrofitting, incurred by STATE pursuant to this Agreement.
(11) After award of the construction contract for PROJECT, should CITY, after a request by STATE, not authorize funding beyond the amounts stated in Articles (l), (2), (3) and (5) of Section II above, STATE shall insure that all operating roadways are in a safe and satisfactory permanent operating condition and then shall cease work on PROJECT. Additional costs incurred in excess of payments made will be billed and subject to payment by CITY within thirty (30) days or STATE, acting through the State Controller, may withhold an equal amount from future apportionments due CITY from the Highway User Tax Fund.
(12) If, during PROJECT construction, any unforeseen conflict with existing public and/or private utilities occur, or there is a significant change required in any approved utility relocation
plan, then the provisions of STATE's current Standard Specifications Section 8-1.10 (Utilities and Non-Highway Facilities) shall apply.
(13) In the construction of PROJECT, CITY may, at no cost to STATE, furnish a representative, if it so desires. Said representative and STATE's Engineer will cooperate and consult with each other, but the decisions of STATE's Resident Engineer shall prevail as final, binding and conclusive in all matters concerning the PROJECT construction contract.
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11-0457
(14) Upon completion and acceptance of the PROJECT construction contract by STATE, STATE will accept control of and maintain, at its own cost and expense, those portions of PROJECT lying within STATE's right of way, except local roads delegated to CITY for maintenance and landscape maintenance pursuant to Article 9, Section II of this Agreement.
(15) CITY will accept control and maintain, at its own cost and expense, the portions of PROJECT lying outside the STATE's right of way. Also, CITY will maintain, at CITY expense, local roads within STATE's right of way delegated to CITY for maintenance.
(16) If CITY fails to maintain said landscaping, per Section II, Article 9, STATE shall give CITY written notice thereof. If CITY fails to maintain said landscaping within thirty (30) days from receipt of written notice thereof from STATE, STATE will perform or cause to be performed sufficient maintenance to preserve the landscaping: the cost of which shall be paid by CITY within ninety (90) days of billing.
(17) STATE will maintain the traffic control signal system and safety lighting as installed at the ramp terimini. STATE's share of the maintenance and electrical energy costs at the respective locations will be 50%. CITY shall reimburse STATE for CITY's proportionate share of the said maintenance and electrical energy costs at the two new locations. CITY's share will be an amount equal to 50% at each location.
(18) STATE will operate the traffic control signals as installed and pay 100% of the operation cost.
(19) Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances which are installed within STATE's right of way will automatically be vested in STATE, and materials, equipment and appurtenances which are installed outside of STATE's right of way will be vested in CITY. No further agreement will be necessary to transfer ownership as hereinabove stated.
(20) Neither STATE 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 CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold STATE 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
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11-0457
(21)
CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement.
Neither CITY 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 STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold CITY 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 STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement.
(22) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.
(23) Except as otherwise provided in Articles (9) and (10) of this Section III, those portions of Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the PROJECT construction contract by STATE, or on December 31, 1995, whichever is earlier in time. However, the ownership and maintenance clauses shall remain in effect until terminated or modified in writing, by mutual agreement.
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11-0457
Should any claim arising out of the contract to construct PROJECT be asserted against STATE, CITY agrees to extend the termination date of this Agreement and provide funding, subject to CITY's governing body budgeting sufficient funds to cover CITY's share of costs, or execute a subsequent agreement to cover those eventualities.
STATE OF CALIFORNIA Department of Transportation
JAMES/&(. VAN &QBEN SELS
Approved as to Form and Procedure:
xocedure:
District Accounting Administrator
Attest:
RONALD R. BALL, Acting City Attorney
I hereby certify upon my own personal
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Exhibit lgAgl
COST ESTIMATE
(Palomar Airport Road)
CITY STATE TOTAL TYPE OF CONSTRUCTION FUNDS FUNDS COST
Interchange Improvements $7,800,000 -- $7,800,000 Seismic Retrofit -- $160,000 160,000
I Construction Cost * $7,800,000 I $160,000
Construction Engineering +13.5% (SERVICES) $1,053,000 $ 22,000 $1,075,000
Total Project Cost $8,853,000 $182,000 $9,035,000
* Includes contingencies
Duration of contract for PROJECT is 390 working days (18 mo.)
CITY's Initial Deposit
One month construction cost = $7,800,000/18 mo. = $433,000
Two months SERVICES = $1,053,000/ 9 mo. = $117,000
Deposit = $550,000
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Exhibit llBlr
Maintenance Standards
These Standards allow the CITY to establish and maintain planting, as outlined herein, within the PROJECT limits.
A written authorization from the State Permit Office, District 11, shall be required prior to changing any condition set forth in these Maintenance Standards.
The work to be done consists, in general, of maintaining highway planting and maintaining irrigation systems installed under PROJECT construction contract. The duration of this maintenance period shall, be 1460 days, to commence upon written approval by STATE of the PROJECT construction contract.
The CITY will be required to adequately water plants; replace unsuitable plants: replace dead or missing plants, and to do weed, rodent and other pest control, as determined necessary by STATE.
In order to accomplish the maintenance work, CITY shall furnish sufficient personnel and adequate equipment to perform the work during the maintenance period.
GENERAL
Maintaining highway planting work shall include, but not be limited
to, inspecting, checking and repairing irrigation facilities; testing and certifying backflow preventers: and replacing plants; repairing plant- basins; inspecting watering piants; controlling weeds, rodents and other pest: and furnishing and applying pesticides and fertilizer.
PLANS
Plans for this project entitled "Planting and Irrigation" show the limit of work and areas where maintaining highway planting is to be performed. Plans will be from PROJECT lVrecordlV plans as approved by STATE upon completion of PROJECT construction and are for reference only. The irrigation facilities and planting shown on the plans may differ from actual field "as built" locations and conditions.
TESTING BACKFLOW PREVENTERS
Backflow preventers shall be tested fdr proper operation by a certified Backflow Preventer Tester. The tester shall hold a valid certification as a Backflow Preventer Tester from the county in which the device to be tested is located or; if the county does not
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have a certification program for Backflow Preventer Testers, the tester shall have a certificate from one of the following: _
1. The University of Southern California Foundation for Cross-Connection Control and Hydraulic Research.
2. The American Water Works Association.
3. A county which has a certificate program for Backflow Preventer Testers.
Testing for proper operation shall conform to the provisions of the county in which the testing is being performed or, if such procedures are not available, such tests shall conform to the provisions in the latest edition of the Cross-Connection Control Procedures and Practices manual, which is available from the California Department of Health Services, Sanitary Engineering Branch, Sacramento, CA 95814.
Backflow preventers shall be tested initially at the beginning of the maintenance period and then retested approximately every 12 months thereafter. If more than 6 months have passed since the last testing, the backflow preventers shall be tested during the last month prior to the completion of maintenance period.
CITY shall notify STATE Maintenance at least 7 days prior to testing backflow preventers.
One copy of all test results for each backflow preventer shall be - furnished to STATE Maintenance.
Repair of backflow preventers will be at CITY's expense.
CHECKING, REPAIRING AND OPERATING IRRIGATION SYSTEMS
Checking and repairing of irrigation systems shall include, but not be limited to, checking, adjusting and repair or replacement of valves, valve boxes, sprinklers, risers and swing joints, wye strainers, valve and filter assembly units, and irrigation controllers. Irrigation facilities that malfunction, are damaged, missing or failed to operate, shall be repaired or replaced. Replacement of sprinklers, risers and swing joints that are damaged or missing and repair of irrigation controllers that malfunction will be at CITY's expense.
CITY shall be responsible for water meters, booster pumps, pipe supply lines, conduits and sprinkler control conductors. Any repair work to these facilities ordered by STATE will be at CITY expense.
Any damage to existing irrigation facilities caused by CITY's operations shall be repaired at the expense of CITY.
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The irrigation systems shall be operated automatically throughout the life-of the maintenance period. Manual operation allowed to facilitate such work as plant fertilization, weed control and irrigation repair as STATE.
CITY shall set and program the irrigation controllers for seasonal water requirements. CITY shall clean, adjust and replace sprinklers, valves, strainers and filters as necessary. Irrigation systems shall be operated automatically a minimum of 2 minutes every 2 weeks.
will only be replacement, permitted by
PLANT REPLACEMENT
The spacing requirements for replaced plants shall be as shown on the plans. If the plant to be replaced is mulched, then the replacement plant shall be remulched as shown on the plans.
Unless larger plant sizes are shown on the plans, the size of replacement plants shall be one gallon for shrubs, vines and Eucalyptus trees, and 5-gallon for other trees. Replacement plants for ground cover shall be as shown on the plans.
Removed plants shall be disposed of outside of the highway right of way.
Replacement planting of plants that are readily available nursery stock plants shall be completed within 14 days from the date of STATE order to replace such plants.
An order to vendors for replacement plants that are not readily available nursery stock plants shall be made by CITY within 10 days from the date of STATE's order to replace such plants. CITY shall furnish to STATE, within 10 days after ordering plants, a copy of the order to vendors and a statement from the vendors stating, that the order has been received and accepted, and the date when the ordered plants will be shipped.
PRUNING
Plants installed under PROJECT shall be pruned when ordered by STATE or determined necessary by CITY for such horticultural purposes as mitigation for the effects of cold, heat, desiccating winds or pest control. Such ordered pruning will be paid by CITY. Plants shall be pruned as determined necessary by STATE for visibility improvement purposes or which may become damaged by vehicular traffic from the roadway.
-Ground cover plant growth which extends to the edge of shoulders, sidewalks, curbs or dikes, or to within 2 feet of guardrails, walls, fences, trees or shrubs shall be killed or removed 2 feet back of shoulders, sidewalks, curbs or dikes, or 4 feet back of
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guardrails, walls, fences, trees or shrubs by pruning or by pesticides. Ground cover also shall be kept removed from within the basins, including the basin walls, and from planting areas within header boards.
Vines next to fences or walls shall be kept tied to the fences.
REPAIRING PLANT BASINS
Planting basins if utilized shall be kept well formed and in good repair, including silt removal and shall be repaired as often as necessary to provide sufficient containment of water for healthy plant growth. If plants were mulched prior to basin damage then basin repair shall include replacing the mulch.
Plant basins may be temporarily modified during the wet season to prevent plant and basin damage due to excessive water.
WATERING AND FERTILIZING
All planting to be maintained shall have water applied at the rate and as frequently as necessary to maintain healthy plant growth and mitigate the effects of cold, heat or desiccating winds or recent pruning operations. Water conservation shall be practiced at all times. Excessive use of water resulting in runoff will not be allowed.
Water for maintaining plants and electrical energy for irrigation facilities will be furnished by CITY.
Precautions shall be taken to prevent water from wetting adjacent properties, vehicles, pedestrians, and pavement.
If reclaimed water is used, watering shall comply with State of California and local health code requirements.
Hours of watering may require adjusting normal working hours due to drought requirements, water supply fluctuations due to adjacent 0
cl watering, inadequate water supply and to prevent wind drift or G overspray onto the traveled way and adjacent properties. ,.::y
Areas which are known by CITY to have high frequencies of vandalism shall be checked by CITY prior to each watering to reduce possibility of water damage or waste due to broken systems.
Two applications of commercial fertilizer shall be applied by CITY to trees, shrubs, vines and ground cover during each 12-month period of this agreement when directed by STATE. Additional commercial fertilizer applications requested by CITY and approved or ordered by STATE may be made within a 12-month period. All applications of fertilizer will be paid for by CITY.
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Commercial fertilizer shall be applied to replacement plants at the time of replacement.
Commercial fertilizer shall conform to the requirements of the California Food and Agricultural Code, shall be in pelleted or granular form, and shall have a minimum guaranteed chemical analysis of 12 percent nitrogen, 8 percent phosphoric acid and 8 percent water soluble potash.
Commercial fertilizer shall be applied at the rate recommended by the manufacturer with a maximum rate of l/4 pound for each tree, shrub, shrub ground cover and vine and at the rate of 15 pounds per 1,000 square feet for ground cover areas per application.
Commercial fertilizer applied to ground cover areas shall be spread with a mechanical spreader whenever possible.
Immediately following each application, commercial fertilizer shall be watered into the soil.
WEED CONTROL
Controlling weeds shall be performed as often as necessary to maintain the areas in a neat and uniform condition throughout the life of the maintenance period.
Weed control shall consist of killing weeds or limiting the height or length of weeds. Basins and basin walls shall be kept free of weeds.
Weeds shall be controlled as specified in the following areas:
1. Within ground cover areas and within the areas extending beyond the outer limits of such ground cover areas to the adjacent edges of shoulders, dikes, curbs, sidewalks, walls, or fences, unless otherwise shown on the plans.
2. Within an area 6 feet in diameter centered at each plant location outside of ground cover areas, except for liner I
and seedling plant locations which shall be weeded within c-3 /6- an area 2 feet in diameter. l -.5
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Killing weeds shall be performed by hand, with the use of pesticides, or by any other method approved by STATE.
Where weeds are to be pulled by hand they shall be pulled before they reach the seed stage of growth or exceed 4 inches in length and disposed of outside the highway right of way.
Limiting the height or length of weeds may be done by mowing, mechanical whipping before weeds reach seedstage or by use of growth regulators.
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Where pesticides are used to control weeds, weeds shall be killed before they reach the seed stage of growth or exceed 6 inches in length.
Where weeds are not required to be killed, weeds shall be controlled by mowing or controlled by growth regulators.
Mowing shall not be performed on slopes 3:l or steeper.
When weeds are to be controlled by mowing, the areas to be mowed shall be mowed a minimum of 1 time per year when directed by STATE.
Areas to be mowed shall be mowed when weed height exceeds 18 inches and shall be mowed to 6 inches or less in height.
If growth regulators are used for weed control they shall be applied before weeds exceed 12 inches in height.
Disposal of mowed material will not be required, unless ordered by STATE. Disposal of mowed material, as ordered by STATE will be paid for by CITY.
Dead weed growth which, in the opinion of STATE, will interfere with subsequent maintenance of highway planting or become unsightly or a fire hazard shall be removed and disposed of outside the highway right of way.
A preemergent pesticide to control weeds shall be applied to all ground cover areas within the last 3 to 4 months prior to the end of the maintenance period.
Pesticides used to control weeds shall be limited to the following materials:
Glyphosate Diguate Cacodylic Acid Fluazifop Oxadiazon - 50 percent WP (Preemergent) Oryzalin (Preemergent) Diphenamid (Preemergent) Trifluralin (Preemergent) Ammonium Sulfate Chlorflurecol-Methyl (Growth regulator) Melfluidide (Growth regulator)
CITY may request the use of other pesticides. The written request for the use of other pesticides shall be submitted by CITY to STATE. Such other pesticides shall not be used or applied until CITY has received written confirmation of the STATE's review for their use from STATE.
Growth regulators shall not be applied within 6 feet of trees, shrubs or vines.
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Replacement plants shall be planted at least 30 days and irrigated prior to the application of oxadiazon, or oryzalin, diphenamid or trifluralin.
Ammonium sulfate shall be used only in areas with Carpobrotus or Delosperma.
A minimum of 100 days shall elapse between applications of oxadiazon, oryzalin, diphenamid or trifluralin.
RODENT AND PEST CONTROL
Rodents and other pests shall be controlled to prevent damage to irrigation facilities and plants. Pesticides used to control rodents and other pests shall be approved by STATE prior to application.
LITTER CONTROL
Litter shall include trash and debris. Litter as determined by STATE which is generated by CITY's operations shall be removed daily and disposed of outside the highway right of way, at CITY's expense.
BRUSH CLEARING
Native brush control shall not be performed outside of those areas as specified under WEED CONTROL of these Standards.
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6 WHEREAS, the Palomar Airport Road - Interstate 5 interchange currently operates
7 below standards established by the City of Carlsbad Growth Management Program; and
8 WHEREAS, the State Department of Transportation and the City at Carlsbad desire to
9 cooperate in the widening and improvement of the interchange; and
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RESOLUTION NO. 92-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A COOPERATIVE
AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT
OF TRANSPORTATION FOR THE CONSTRUCTION AND
MAINTENANCE OF THE PALOMAR AIRPORT ROAD
lNTERSTATE5lNTERCHANGEWlDENlNGANDlMPROVEMENT
PROJECT
WHEREAS, the City Council of the city of Carlsbad hereby finds it necessary, desirable
and in the public interest to enter into an agreement with the STATE to construct
improvements to insure that the Growth Management Provision are met:
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and correct.
2. That the Cooperative Agreement No. 1 l-0457 between the STATE and the City
of Carlsbad is hereby approved and the Mayor and the City Clerk are hereby authorized and
directed to execute said agreement.
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3. Following the Mayor’s signature the City Clerk is further authorized and directed
to forward three copies to Mr. Jesus M. Garcia District Director of DISTRICT 11 California
Department of Transportation attention Jerry W. Love P.O. Box 85406 San Diego, CA 92186-
5406 for final execution.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 28 th day of Janq 1992 by the following vote, to wit:
AYES: Council Members Lewix, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSENT: None
CLAUDE A.‘LEWfS Mayor
A-I-TEST:
ALETHA L. 1 RAUTENKRANZ, City Clerk \
(SEAL)
s? m&.4 - .-y-J !3 . . .
g a-. i ear-i\ . . ,.d
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STATE OF CALIFORNIA, )
COUNTY OF SAN DIEGO ) ss. KAREN R. KUNDTZ, Assistant
I. I . (Iit) (:lid of tlw (Iit? ot (~;1rlsld, (:01111ty of Su11 IXcngo. St;ttcb of (:;1lit’cWllii1.
II(w~I~~ c,c*rtif!, tlIat I II;ILX~ c~o1tqx1r~d tlw for(*goi11g CWII~ uritl1 th. origill;1l Resolution 892-40 IM~s~YI ;IIMI
;tcl~~pl~~.l I)\ saitl (:it!. <:0111tcil. ;1t a .regular...... tiiwting tlicw*of, at tlic tii11($ i1Ild 1)~ tllc- votca tliiw~iii
\I;itc~tl. w;iicd1 origii1;1l Resolution ._ is 110w 01) lilc~ ii1 tti!’ officcb: tlrat tl1c* ,si;lllIc’ coritai1is i1 bIllI. triica
;ilt(l cY)rtX’c? tK!llScTi1)1 tllcW~11-clill i1Iltl of the* \vllolt* tl1cv-c~ol’.
\\‘it~~c*>:; III\’ l1;111cl i111cl tl1cs .\(YII of said (:ity 01’ (:;1rlsl);1d, tI1is .31st tI;1\’ of January, .l9.92
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