HomeMy WebLinkAboutCalifornia, State Of; 1994-01-11; 11-0469/A1ll-SD-5 R44.8/R46.2 11222-167841 District Agreement No. ll-0469/Al Poinsettia Lane Amendment
AMENDMENT TO AGREEMENT
THIS AGREEMENT, ENTERED INTO ON&i/@q$=/ /5,/Tqd, is 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 (Document No. 9163 and District Agreement Number 11-0469) on January 11, 1994, said Agreement defining the terms and conditions of a project to develop and implement State Highway improvements consisting of widening the overcrossing and approaches, signalizing the ramp termini and adjacent street intersections, widening the ramps, adding auxiliary and acceleration lanes, and metering the entrance ramps on Route 5 at Poinsettia Lane, referred to herein as "PROJECT".
2. Said Agreement made CITY 100% responsible for costs of PROJECT, except for costs of oversight which will be borne by STATE in accordance with the provisions of Policy and Procedure Memorandum No. P90-01.
3. STATE has been directed, by the California Trade and Commerce Agency (See exhibit 1 of Attachment l), to allow CITY to reallocate funds towards the costs of the I-S/Cannon Road Interchange improvements. STATE is now obligated to pay for certain construction work that CITY was to pay for.
IT IS THEREFORE MUTUALLY AGREED:
1. That Article 3a is added to Section I of the original Agreement to read: At no cost to CITY, to provide two Ramp ;;;;;21Systems, (Special Provisions item numbers 861101 and . provide forty percent (40%) of the Asphalt Concrete (Type Bj (Special Provisions item 390160); and sixty percent
9163 (60%) of the Asphalt Concrete Base (Type B) (Special Provisions item 390172). The asphalt concrete and asphalt concrete base are associated with the ramp meter systems. The value of these items are $233,920.
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2. Article 20a is added to Section III of the original Agreement to read: The Agreement Report (Attachment 1) is attached hereto and made a part of this Amendment to Agreement by this reference.
3. The other terms and conditions of said Agreement (Document No. 9163) shall remain in full force and effect.
4. This Amendment to Agreement is hereby deemed to be a part of Document No. 9163.
STATE OF CALIFORNIA Department of Transportation
JAMES W. VAN LOBEN SELS Director of Transportation
BY Deputy District Director
Approved as tosorm and procedure:
Attorney 'q Department of Transportation
Certified as to procedure:
#F-zL /A --/r-+4-
dministrator
Certified as to Funds:
District Resource Manager
CITY OF CARLSBAD
Appmd as to form and procedure: . QG .
Attorney //-4-9Y
I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of payment to STATE stipulated in
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11-SD-5 R44.8/R46.2 11222-167841 Agreement No. 11-0469 Poinsettia Lane
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON is between the
STATE OF CALIFORNIA, acting and U@ough its Department of
Transportation, referred to he
CITY OF CARLSBAD, a body politic and a municipal corporation of the STATE of California, referred to herein as tlCITY1f 9163
(1)
(2)
(3)
(4)
(5)
(6)
RECITALS
STATE and CITY contemplate constructing State Highway
improvements consisting of widening the overcrossing and
approaches, signalizing the ramp termini and adjacent street intersections, widening the ramps, adding auxiliary and
acceleration lanes, and metering the entrance ramps on Route 5 at Poinsettia Lane, referred to herein as ltPROJECTtl.
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.
CITY is authorized to plan, design, acquire right of way and
construct projects on the State Highway System.
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 a separate prior Cooperative Agreement.
An Amendment, A/l, to the design Cooperative Agreement, No. 11-0429, for PROJECT to include seismic retrofitting of the *existing structure was executed on June 24, 1992. STATE will bear the entire expense for retrofit work.
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SECTION I
STATE AGREES:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
To provide all labor, materials, tools and equipment for PROJECT, including advertising, award, contract administration, Resident Engineer, Bridge Representative, material source inspection, independent assurance and specialty testing, inspection staff 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, at no cost to CITY or its contractor, 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 $484,700 to CITY, 15 days prior to 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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.
(10)
(11)
11-0469
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 be 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 SectionII, Articles 4 and 5, will always be sufficient.
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 down 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.
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 $6,489,000, 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.
SECTION II
(2) To bear 100 percent of the actual cost of STATE services for PROJECT, excluding STATE services for seismic retrofit work, estimated to be $876,000. 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) CITY's initial total obligation for the costs of construction and STATE's services is $7,365,000. 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.
(4) To deposit with STATE within 20 working days of receipt of billing therefor (which billing will be forwarded 15 days prior to STATE's bid advertising date of a construction contract for PROJECT), the amount of $484,700. 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 rrAt' 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) CITY shall reimburse STATE for any additional travel expenses incurred by STATE for off-site inspection and testing performed by STATE which is more than 300 air line miles from both Sacramento and Los Angeles.
(8) STATE's construction contract claims process will be used in consultation with CITY. CITY shall abide by the outcome of said process.
(9) 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.
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(10) 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 twenty one (21) months. Caltrans District 11 Landscape Maintenance Provisions (11/93) are attached to this Agreement and incorporated herein
by reference as Exhibit llB1l.
(11) 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)
(2)
(3)
(4)
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.
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.
STATE's goals for utilization of Minority and Women's Business Enterprise (MBE, WBE and DVBE) will be included in the construction contract. The contract goals will be based on a technical analysis of contract items and certified MBE/WBE/DVBE 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.
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.
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(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
11-0469
STATE shall not award a contract to construct PROJECT until after receipt of CITY's deposit required in Article (4) of Section II.
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.
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.
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.
Prior to advertising of bids 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.
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.
After award of the construction contract for PROJECT, should CITY, after a request by STATE, not authorize funding beyond the amounts stated in Articles (1), (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.
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.
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(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.
(14) If any unforeseen potential hazardous waste sites are encountered during construction of PROJECT, STATE and CITY shall meet and confer on a course of action. The responsibilities and costs for any action shall be covered by amendment to this Agreement.
(15) 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.
(16) 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.
(17) 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.
(18) STATE will maintain the traffic control signal system and safety lighting as installed at the ramp terimini and at the intersections of Poinsettia Lane and Paseo De1 Norte/Lowder Lane and the modified existing signal at Avenida Encinas. STATE's share of the maintenance and electrical energy costs at the ramp termini will be 50% and 0% at Paseo De1 Norte/Lowder Lane and Avenida Encinas. CITY shall reimburse STATE for CITY's proportionate share of the said maintenance and electrical energy costs at the four locations. CITY's share will be an amount equal to 50% at the ramp termini and 100% at the intersections of Poinsettia Lane with Paseo De1 Norte/Lowder Lane and Avenida Encinas.
(19) STATE will operate the traffic control signal system as installed and pay 100% of the operation cost.
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(20)
(21)
(22)
(23)
(24)
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.
Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law.
Neither STATE nor any officer or employee thereof is 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 understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) 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.
Neither CITY nor any officer or employee thereof, is 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 understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in 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.
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.
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(25) 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, 1997, whichever is earlier in time. However, the ownership and maintenance clauses shall remain in effect until terminated or modified in writing, by mutual agreement. 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 W. VAN LOBEN SELS
zr=qTji~~~$~\
Approved Form and Procedure:
Attest: City Clerk
nt of Tran
as to Funds and Procedure:
0 &ii District Accouliting Administrator
I hereby certify upon my own personal knowledge that budgeted funds are nd purpose of d in the above-,
Financial Pfkagemnt P%kctor .;: ; .-,
9163
Exhibit IrAt@
COST ESTIMATE
(Poinsettia Lane)
CITY STATE TOTAL TYPE OF CONSTRUCTION FUNDS FUNDS COST
Interchange Improvements $6 ,,489,000 -- $6,489,000 Seismic Retrofit -- $30,900 30,900
Construction Cost * $6,489,000 $30,900 $6,519,900
Construction Engineering 213.5% (SERVICES) $ ,876,OOO $ 4,200 $ 880,200
Total Project Cost $7,365,000 $35,100 $7,400,100
* Includes contingencies
Duration of contract for PROJECT is 360 working days (17 mo.)
CITY's Initial Deposit
One month construction cost = $6,489,000/17 mo. = $381,700
Two months SERVICES = $ 876,000x2/17 mo. = $103,000
Deposit = $484,700
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EXHIBIT B
CALTRANS DISTRICT 11 LANDSCAPE MAINTENANCE PROVISIONS (11/93 - LFF)
1. DESCRIPTION OF WORX. --The work to be done consists, in general, of maintaining highway planting and maintaining irrigation systems during the life of this agreement. The duration of this maintenance period shall be 639 days, to commence upon the written approval by the STATE of the Project construction.
2. The CITY will be required to adequately water plants; replace unsuitable plants: do weed, rodent, and other pest control; and perform other work, as determined necessary by the Engineer, every day during the maintenance period.
3. Irrigation facilities are to be checked and repaired; backflow preventers are to be tested: plants are to be watered, inspected, pruned and replaced; erosion damage and plant basins are to be repaired: litter, weeds, rodents and other pests are to be controlled: pesticides and fertilizer are to be furnished and applied; and other work performed as determined necessary by STATE."
4. All other work and materials that are required, as specified in the current State of California, Department of Transportation Standard Specifications Policy and Procedure No. P82-9 REVISED "Planting of Transportation Facilitiestt and these special provisions shall be performed, provided, placed, constructed, installed, repaired and replaced.
5. In order to carry out the maintaining of highway planting, the CITY shall furnish sufficient personnel and adequate equipment to perform the work during the maintenance period.
6. ORDER OF WORE. --Order of work shall conform to the provisions in Section 5-1.05, "Order of Work,I1 of the Standard Specifications and these special provisions.
6a. The first order of work shall be to water the plants and, in the presence of STATE, inspect the existing irrigation facilities and existing planting areas as provided in "Existing Irrigation Facilitiestt, IIExisting Planting", and "Litter Controltt elsewhere in these special provisions.
7.
7a.
7b.
7c.
7d.
8.
8a.
9[21 l
DAMAGE REPAIR. --Attention is directed to Section 7-1.16, ttContractorts Responsibility for the Work and Materials," of the Standard Specifications and these special provisions.
Damage to slopes, plants, irrigation systems and other highway facilities occurring as result of rain or vandalism shall be repaired when directed by STATE. The cost of such repairs will be at CITY expense.
When, as a result of freezing conditions (as defined herein), plants are so injured or damaged as to render them unsuitable for the purpose intended, as determined by the Engineer, STATE may order the pruning or removal and replacement of some or all of the affected plants. The cost of such work will be at CITY expense. A freezing condition, for the purpose of this specification, occurs when the temperature at or near the affected area has been determined by the Engineer to have been officially recorded below 32'F. and plants have been killed or damaged to the degree described above.
When, as a result of drought conditions (as defined herein), plants are so injured or damaged as to render them unsuitable for the purpose intended, as determined by the Engineer, STATE may order the pruning or removal of some or all of the affected plants. The total cost of such work will be at CITY expense. Any restriction or shutoff of available water shall not relieve CITY from performing other contract work. A drought condition occurs when the Department, or its supplier, restricts or stops delivery of water to CITY to the degree that plants died or deteriorated as described above and adjustment of the watering schedule could not have prevented plant injury or damage. The Contractor may replace removed plants at its expense after the drought condition has ended.
Any erosion damage caused by CITY inadequate maintenance or operation of irrigation facilities, as determined by the STATE shall be repaired by the CITY at their expense.
COOPERATION.--Attention is directed to Sections 7-1.14, tlCooperation,tl and 8-1.10, "Utility and Non-Highway Facilities,tt of the Standard Specifications and these special provisions.
Work by STATE forces and other contractors within the limits of PROJECT may be underway or started during the maintenance period. CITY shall coordinate its operations with those of the STATE forces and other contractors.
MAINTAINING TRAFFIC.--Attention is directed to Sections 7-1.08, trPublic Convenience, "7-1.09, "Public Safety," and 12, llConstruction Area Traffic Control Devices," of the Standard Specifications and to the Section entitled ttPublic Safety"
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elsewhere in these special provisions, and these special provisions. Nothing in these special provisions shall be construed as relieving the CITY from its responsibility as provided in said Section 7-1.09.
9a. No work that would require a lane closure shall be performed.
9b. Personal vehicles of the CITY's employees shall not be parked within the right of way, exceptpersonalvehicles used in lieu of the CITY'S EQUIPMENT. Said vehicles shall be included in the equipment list required in Section 5-1.10, tfEguipment and Plants," of the Standard Specifications and shall be marked with permanent or temporary name plates identifying the contracting parties engaged in the work.
9c. Whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer.
MAINTAINING HIGHWAY PLANTING
10. GENERAL. --The work performed in connection with maintaining highway planting shall conform to the provisions in Section
20, IfErosion Control and Highway Planting," of the Standard Specifications and these special provisions.
10a. Attention is directed to the provisions in "Order of WorkIf and ttCooperationtt elsewhere in these special provisions.
lob. Maintaining highway planting work shall include, but not be limited to inspecting, checking and repairing irrigation facilities; testing backflow preventers; inspecting, and replacing plants: repairing plant basins; watering plants; removing litter: controlling weeds, rodents and other pest; and furnishing and applying pesticides and fertilizer.
11. LIMIT OF WORE. --The limit of work shall be considered as the area between the "Beginning and End of Worktt stations and the right of way lines, unless shown otherwise on the plans.
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12. PLANS. --Plans for this project entitled "Planting and IrrigationIf show the limit of work and areas where maintaining highway planting is to be performed. Plans will be from the project "as-built" plans as approved by the STATE upon completion of the project construction and, except for reference made to the plans by these special provisions, are for reference only. The irrigation facilities and planting shown on the plans may differ from actual field locations and conditions.
13. EXISTING IRRIGATION FACILITIES.--Existing irrigation facilities shall include all irrigation on facilities that are located within the limits of work where maintaining highway planting is to be performed as shown on the plans.
14. INITIAL INSPECTION OF EXISTING IRRIGATION FACILITIES.--All irrigation systems shall be inspected initially by the CITY in the presence of STATE for missing or damaged equipment and for proper operation. Initial inspection shall be completed within 14 days after starting work unless otherwise permitted in writing by the State.
14a. Any deficiencies to the existing irrigation systems found during the initial inspection shall be repaired or replaced by CITY. Such repairs or replacements shall be completed within 14 days after initial inspection unless otherwise permitted in writing by STATE and will be paid for by CITY.
15. TESTING BACKFLOW PREVENTERS. --Backflow preventers shall be tested for proper operation by a certified Backflow Preventer Tester.
15a. 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 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.
15b. 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.
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15c.
15e.
15f.
15g.
16.
16a.
16b.
16~.
16d.
16e.
Backflow preventers shall be tested initially at the beginning of the contract 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 establish existing planting.
CITY shall notify STATE at least 7 days prior to testing backflow preventers.
One copy of all test results for each backflow preventer shall be furnished to STATE.
Repair of backflow preventers will be at CITY's expense.
CHECKING, REPAIRING AND OPERATING EXISTING IRRIGATION SYSTEMS. --After the initial inspection of the irrigation systems, CITY shall be responsible for the routine checking, repairing and proper operation of the irrigation systems throughout the life of the contract. 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 a 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.
The irrigation systems shall be operated automatically throughout the life of the maintenance period. Manual operation will only be allowed to facilitate such work as plant replacement, fertilization, weed control and irrigation repair as permitted in writing by the Engineer.
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.
Checking and repairing of irrigation systems shall be made within 5 days after any malfunction or damage.
.
16f.
16g.
16h.
16i.
17.
18.
18a.
Any materials required for the replacement or repair of irrigation facilities shall be made with new materials of comparable quality and shall be reinstalled to the same standards and criteria as originally installed, as determined by STATE.
Within 7 days of the beginning of the maintenance period, within 7 days of the installation of any new irrigation controllers, and thirty days prior to end of the maintenance period instructions shall be given to the Engineer by a qualified person from the CITY's personnel on the use and adjustment of the irrigation controllers installed.
All irrigation systems shall be in proper operation at the time the maintenance work is accepted. Within the last 14 days prior to the end of the maintenance period; all irrigation systems shall be checked for proper operation in the presence of STATE. Should repairs be necessary, the repairs shall be made and the systems rechecked.
CITY shall maintain a list of all program schedules for each irrigation controller as currently programmed, including days and length of watering time for each station and furnish the State a copy of all program schedules prior to start of irrigation.
EXISTING PLANTING. --Existing planting to be maintained shall include all plants that are located within the limits of work shown on plans to be maintained by the CITY.
INITIAL INSPECTION OF EXISTING PLANTING AREAS.--All existing planting areas to be maintained shall be inspected initially by, CITY in the presence of STATE, for plants that are dead, missing, diseased or unhealthy, for proper placement and adjustment of plant stakes and ties, for condition of planting basin and proper depth and placement of mulch materials for the need of weed control. Determination of the need for weeding shall conform to the requirements for "Weed ControlIf elsewhere in these special provisions. Initial inspection shall be completed within 14 days after starting work, unless otherwise permitted in writing by the State.
Any deficiencies to the existing planting found during the initial inspection, including the mulching within the limits of the project and the initial control of weeds, shall be corrected by CITY as directed by STATE. Except for replacement of plants, all other corrections to the planting areas shall be completed by CITY within 14 days after initial inspection. All correction work, ordered by STATE as a result of the initial inspection, will be paid for by CITY.
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91f;3
18b.
18~.
19.
19a.
19b.
19c.
19d.
lge.
20.
Plant replacement ordered by STATE as a result of the initial inspection, shall conform to the provisions in llPlant Replacement" elsewhere in these special provisions.
Attention is directed to the section of these special provisions entitled "Damage Repair" in regard to erosion damage.
PLANT REPLACEMENT. --Replacement and planting of plants shall conform to the provisions in Section 20-4.07, llReplacement,ll and Section 20-4.05, 'lPlantinq,B1 of the Standard Specifications and these Special Provisions. 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.
A plant shall be replaced when ordered by the Engineer if more than 50 percent of its foliage is injured or damage, or has a growth rate which is less than 50 percent of the most vigorous same species along the right of way in the vicinity of the project as determined by the Engineer.
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 as provided in Section 7-1.13, "Disposal of Material Outside the Highway Right of Way," of the Standard Specifications.
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 7 days from the date of STATE's order to replace such plants. CITY shall furnish to STATE, within 7 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 by the PROJECT shall be pruned when ordered by the STATE or determined necessary by the 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 the CITY. The STATE may prune plants for visibility improvement purposes or plants damaged by accidentalvehiculartraffic by others no expense to the CITY.
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ID:4341987 NOU 2r3’94 12~49 No.005 Port? - I r.mmLh- I - --
” 9163 RESOLUTION NO, 94-310
A RESOLUTION OF THE CJN COUNCIL OF THE CITY OF CARLSBAD, CAUFORNIA, APPROVlNGCOOPERATlVEAGREEMENTNO. 1 l-O469/Al
WITH CALTRANS PROVIDINCI SUPPLEMENTAL FUNDINC3 FOR THE CONSTRUCTJON OF THE POINSETTIA LANE AND INTERSTATE 6 flTERCHANCG, PROJECT NO. 3289
WHEREAS, the Cfty Councli of the City of Carkbad has determlned it necessary,
desirable, and in the public Interest to construct the Improvements to the Polnsettfa Lane and
Interstate 6 Interchange, Project No. 3269; and,
WHEREAS, the State Trade and Commerce Commfsslon has found It in the best interest
of the State of California to assist In funding of the Poinsettia l.anefl-6 Interchange to aAow the
City to realocate funds towards the costs of the I-S/Cannon ,Road Interchange; and,
WHEREAS, a cooper&e agreement to provide supplemental funding to eaid project Is
submItted herewith.
NOW, THEREFORE, BE IT RESOLVED by the CXy Council of the CRy of Cartsbad,
California, a8 follows:
1, That the above recitations are true and correct.
2. That Cooperative agreement. No. 119469/At with the Callfomla Department of
Transpofiatlon for the canstructlon of the Poinsatila Lane and interstate 5 Interchange, Project
No, 3269, Is hereby approved and the Mayor is hereby authorired and directed to ixecute said
agreement. That followlng the Mayor’s signature of said agreements, copies shall be fonnrarded
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ID:4331987 NUV 28’94 I?:49 Nc1.005 >.03
-4
9163
to the Caltfohie Oepattment of Tranaportatlon, attenth: Edward L llajj, P.0. Box 05406,
San Diego, CaMomla, 821884408, for finat oxccutlon by the State.
PASSED, APPROVED AND ADOPTED at a regular rtwetlng of the Carlsbad City Council
held on the &j& day of 1094 by tha folbwlng vote. to wtt:
AYES: Council Members Lewis, S&nton, KuZchin, Nygaard, Pinnils
NOES: None
ABSENf: None
stant City Clerk
3 I
%
City of Carlsbad
November 21, 1994
Attention: Mr. Edward L. Hajj California Department of Transportation P. 0. Box 85406 San Diego, CA 92186-5406
RE: Amendment to Poinsettia Lane Amendment
The Carlsbad City Council, at its meeting of November 15, 1994, adopted Resolution No. 94-310 approving an Amendment to District Agreement No. ll-0469/Al, Poinsettia Lane Amendment.
Enclosed please find four original agreements and a copy of Resolution No. 94-310 for your files. It is requested that a fully executed copy of the agreement be returned to this office.
&mCMC Assi nt Cit &lerk
KRK:ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California
11-SD-5 R44.8/R46.2 11222-167841 Agreement No. 11-0469 Poinsettia Lane
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON STATE OF CALIFORNIA, acting Transportation, referred to he
is between the Department of
(1)
(2)
(3)
(4)
(5)
(6)
9163
CITY OF CARLSBAD, a body politic and a municipal corporation of the STATE of California, referred to herein as W'CITY*t
RECITALS
STATE and CITY contemplate constructing State Highway improvements consisting of widening the overcrossing and approaches, signalizing the ramp termini and adjacent street intersections, widening the ramps, adding auxiliary and acceleration lanes, and metering the entrance ramps on Route 5 at Poinsettia Lane, referred to herein as "PROJECT1'.
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.
CITY is authorized to plan, design, acquire right of way and construct projects on the State Highway System.
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 a separate prior Cooperative Agreement.
An Amendment, A/l, to the design Cooperative Agreement, No. 11-0429, for PROJECT to include seismic retrofitting of the existing structure was executed on June 24, 1992. STATE will bear the entire expense for retrofit work.
I 4 . ‘., ‘.>’ ’ ‘,
11-0469
SECTION I
STATE AGREES:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
To provide all labor, materials, tools and equipment for PROJECT, including advertising, award, contract administration, Resident Engineer, Bridge Representative, material source inspection, independent assurance and specialty testing, inspection staff 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, at no cost to CITY or its contractor, 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 for all costs to be Agreement.
To submit an initial
PROJECT accounts to accumulate charges paid for by CITY pursuant to this
billing in the amount of $484,700 to CITY, 15 days prior to 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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11-0469
(10)
(11)
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 be 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.
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 down 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 $6,489,000, 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 $876,000. 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.
3
11-0469
(3) CITY's initial total obligation for the costs of construction and STATE's services is $7,365,000. 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.
(4) To deposit with STATE within 20 working days of receipt of billing therefor (which billing will be forwarded 15 days prior to STATE's bid advertising date of a construction contract for PROJECT), the amount of $484,700. 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 trAtt 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) CITY shall reimburse STATE for any additional travel expenses incurred by STATE for off-site inspection and testing performed by STATE which is more than 300 air line miles from both Sacramento and Los Angeles.
(8) STATE's construction contract claims process will be used in consultation with CITY. CITY shall abide by the outcome of said process.
(9) 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.
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11-0469
(10)
(11)
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 twenty one (21) months. Caltrans District 11 Landscape Maintenance Provisions (11/93) are attachedtothis Agreement and incorporated herein by reference as Exhibit 18B1f.
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)
(2)
(3)
(4)
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.
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.
STATE's goals for utilization of Minority and Women's Business Enterprise (MBE, WBE and DVBE) will be included in the construction contract. The contract goals will be based on a technical analysis of contract items and certified MBE/WBE/DVBE 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.
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.
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(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
11-0469
STATE shall not award a contract to construct PROJECT until after receipt of CITY's deposit required in Article (4) of Section II.
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.
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.
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.
Prior to advertising of bids 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.
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.
After award CITY, after the amounts Section II
of the construction contract for PROJECT, should a request by STATE, not authorize funding beyond stated in Articles (l), (2), (3) and (5) of 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.
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.
6
C
11-0469
(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.
(14) If any unforeseen potential hazardous waste sites are encountered during construction of PROJECT, STATE and CITY shall meet and confer on a course of action. The responsibilities and costs for any action shall be covered by amendment to this Agreement.
(15) 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.
(16) 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.
(17) 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.
(18) STATE will maintain the traffic control signal system and safety lighting as installed at the ramp terimini and at the intersections of Poinsettia Lane and Paseo De1 Norte/Lowder Lane and the modified existing signal at Avenida Encinas. STATE's share of the maintenance and electrical energy costs at the ramp termini will be 50% and 0% at Paseo De1 Norte/Lowder Lane and Avenida Encinas. CITY shall reimburse STATE for CITY's proportionate share of the said maintenance and electrical energy costs at the four locations. CITY's share will be an amount equal to 50% at the ramp termini and 100% at the intersections of Poinsettia Lane with Paseo De1 Norte/Lowder Lane and Avenida Encinas.
(19) STATE will operate the traffic control signal system as installed and pay 100% of the operation cost.
7
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11-0469
(20) 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.
(21) Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law.
(22) Neither STATE nor any officer or employee thereof is 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 understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) xcurring 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.
(23) Neither CITY nor any officer or employee thereof, is 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 understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in 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.
(24) 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.
8
11-0469
(25) 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, 1997, whichever is earlier in time. However, the ownership and maintenance clauses shall remain in effect until terminated or modified in writing, by mutual agreement. 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 W. VAN LOBEN SELS
ApprovedH Form and Procedure:
Attest:
Certified as to Funds and Procedure:
Accounting Administrator
I hereby certify upon my own personal knowledge that budgeted funds are d purpose of in the above
FiilRncialjMan~~ment L)irei3tor -.t \/ J
9
COST ESTIMATE
(Poinsettia Lane)
Exhibit "At'
CITY STATE
I
TOTAL TYPE OF CONSTRUCTION FUNDS FUNDS COST
Interchange Improvements $6,489,000 -- $6,489,000 Seismic Retrofit -- $30,900 30,900
Construction Cost * $6,489,000 $30,900 $6,519,900
Construction Engineering +13.5% (SERVICES) $ ,876,OOO $ 4,200 $ 880,200
Total Project Cost $7,365,000 $35,100 $7,400,100
* Includes contingencies
Duration of contract for PROJECT is 360 working days (17 mo.)
CITY's Initial Denosit
One month construction cost = $6,489,000/17 mo. = $381,700
Two months SERVICES = $ 876,000x2/17 mo. = $103,000
Deposit = $484,700
, 9163
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EXHIBIT B
CALTRANS DISTRICT 11 LANDSCAPE MAINTENANCE PROVISIONS (11/93 - LFF)
1. DESCRIPTION OF WORK. --The work to be done consists, in general, of maintaining highway planting and maintaining irrigation systems during the life of this agreement. The duration of this maintenance period shall be 639 days, to commence upon the written approval by the STATE of the Project construction.
2. The CITY will be required to adequately water plants; replace unsuitable plants; do weed, rodent, and other pest control; and perform other work, as determined necessary by the Engineer, every day during the maintenance period.
3. Irrigation facilities are to be checked and repaired; backflow preventers are to be tested: plants are to be watered, inspected, pruned and replaced; erosion damage and plant basins are to be repaired: litter, weeds, rodents and other pests are to be controlled; pesticides and fertilizer are to be furnished and applied; and other work performed as determined necessary by STATE." 9163
4. All other work and materials that are required, as specified in the current State of California, Department of Transportation Standard Specifications Policy and Procedure No. P82-9 REVISED "Planting of Transportation Facilitiesl' and these special provisions shall be performed, provided, placed, constructed, installed, repaired and replaced.
5. In order to carry out the maintaining of highway planting, the CITY shall furnish sufficientpersonneland adequate equipment to perform the work during the maintenance period.
6. ORDER OF WORK. --Order of work shall conform to the provisions in Section 5-1.05, "Order of Work," of the Standard Specifications and these special provisions.
6a. The first order of work shall be to water the plants and, in the presence of STATE, inspect the existing irrigation facilities and existing planting areas as provided in "Existing Irrigation Facilitiesl', "Existing Planting", and "Litter Control11 elsewhere in these special provisions. I
7.
7a.
7b.
7c.
7d.
8.
8a.
gr21 l
DAMAGE REPAIR. --Attention is directed to Section 7-1.16, tlContractorls Responsibility for the Work and Materials," of the Standard Specifications and these special provisions.
Damage to slopes, plants, irrigation systems and other highway facilities occurring as result of rain or vandalism shall be repaired when directed by STATE. The cost of such repairs will be at CITY expense.
When, as a result of freezing conditions (as defined herein), plants are so injured or damaged as to render them unsuitable for the purpose intended, as determined by the Engineer, STATE may order the pruning or removal and replacement of some or all of the affected plants. The cost of such work will be at CITY expense. A freezing condition, for the purpose of this specification, occurs when the temperature at or near the affected area has been determined by the Engineer to have been officially recorded below 32°F. and plants have been killed or damaged to the degree described above.
When, as a result of drought conditions (as defined herein), plants are so injured or damaged as to render them unsuitable for the purpose intended, as determined by the Engineer, STATE may order the pruning or removal of some or all of the affected plants. The total cost of such work will be at CITY expense. Any restriction or shutoff of available water shall not relieve CITY from performing other contract work. A drought condition occurs when the Department, or its supplier, restricts or stops delivery of water to CITY to the degree that plants died or deteriorated as described above and adjustment of the watering schedule could not have prevented plant injury or damage. The Contractor may replace removed plants at its expense after the drought condition has ended.
Any erosion damage caused by CITY inadequate maintenance or operation of irrigation facilities, as determined by the STATE shall be repaired by the CITY at their expense.
COOPERATION.--Attention is directed to Sections 7-1.14, tlCooperation,ll and 8-1.10, VJtility and Non-Highway Facilities,11 of the Standard Specifications and these special provisions.
Work by STATE forces and other contractors within the limits of PROJECT may be underway or started during the maintenance period. CITY shall coordinate its operations with those of the STATE forces and other contractors.
MAINTAINING TRAFFIC.--Attention is directed to Sections 7-1.08, "Public Convenience, "7-1.09, "Public Safety," and 12, ttConstruction Area Traffic Control Devices," of the Standard Specifications and to the Section entitled "Public Safety"
2
elsewhere in these special provisions, and these special provisions. Nothing in these special provisions shall be construed as relieving the CITY from its responsibility as provided in said Section 7-1.09.
9a. No work that would require a lane closure shall be performed.
9b. Personal vehicles of the CITY's employees shall not be parked within the right of way, except personal vehicles used in lieu of the CITY'S EQUIPMENT. Said vehicles shall be included in the equipment list required in Section 5-1.10, "Equipment and Plants," of the Standard Specifications and shall be marked with permanent or temporary name plates identifying the contracting parties engaged in the work.
9c. Whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer.
MAINTAINING HIGHWAY PLANTING
10. GENERAL. --The work performed in connection with maintaining highway planting shall conform to the provisions in Section
20, ltErosion Control and Highway Planting," of the Standard Specifications and these special provisions.
10a. Attention is directed to the provisions in "Order of Work" and ttCooperationll elsewhere in these special provisions.
lob. Maintaining highway planting work shall include, but not be limited to inspecting, checking and repairing irrigation facilities: testing backflow preventers; inspecting, and replacing plants; repairing plant basins; watering plants; removing litter; controlling weeds, rodents and other pest: and furnishing and applying pesticides and fertilizer.
11. LIMIT OF WORK. --The limit of work shall be considered as the area between the "Beginning and End of Work" stations and the right of way lines, unless shown otherwise on the plans.
,
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12. 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 the project ttas-builtll plans as approved by the STATE upon completion of the project construction and, except for reference made to the plans by these special provisions, are for reference only. The irrigation facilities and planting shown on the plans may differ from actual field locations and conditions.
13. EXISTING IRRIGATION FACILITIES.--Existing irrigation facilities shall include all irrigation on facilities that are located within the limits of work where maintaining highway planting is to be performed as shown on the plans.
14. INITIAL INSPECTION OF EXISTING IRRIGATION FACILITIES.--All irrigation systems shall be inspected initially by the CITY in the presence of STATE for missing or damaged equipment and for proper operation. Initial inspection shall be completed within 14 days after starting work unless otherwise permitted in writing by the State.
14a. Any deficiencies to the existing irrigation systems found during the initial inspection shall be repaired or replaced by CITY. Such repairs or replacements shall be completed within 14 days after initial inspection unless otherwise permitted in writing by STATE and will be paid for by CITY.
15. TESTING BACKFLOW PREVENTERS. --Backflow preventers shall be tested for proper operation by a certified Backflow Preventer Tester.
15a. 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 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.
15b. 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.
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15c.
15e.
15f.
15g.
16.
16a.
16b.
16~.
16d.
16e.
Backflow preventers shall be tested initially at the beginning of the contract 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 establish existing planting.
CITY shall notify STATE at least 7 days prior to testing backflow preventers.
One copy of all test results for each backflow preventer shall be furnished to STATE.
Repair of backflow preventers will be at CITY's expense.
CHECKING, REPAIRING AND OPERATING EXISTING IRRIGATION SYSTEMS. --After the initial inspection of the irrigation systems, CITY shall be responsible for the routine checking, repairing and proper operation of the irrigation systems throughout the life of the contract. 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 a 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.
The irrigation systems shall be operated automatically throughout the life of the maintenance period. Manual operation will only be allowed to facilitate such work as plant replacement, fertilization, weed control and irrigation repair as permitted in writing by the Engineer.
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.
Checking and repairing of irrigation systems shall be made within 5 days after any malfunction or damage.
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Any materials required for the replacement or repair of irrigation facilities shall be made with new materials of comparable quality and shall be reinstalled to the same standards and criteria as originally installed, as determined by STATE.
Within 7 days of the beginning of the maintenance period, within 7 days of the installation of any new irrigation controllers, and thirty days prior to end of the maintenance period instructions shall be given to the Engineer by a qualified person from the CITY's personnel on the use and adjustment of the irrigation controllers installed.
All irrigation systems shall be in proper operation at the time the maintenance work is accepted. Within the last 14 days prior to the end of the maintenance period; all irrigation systems shall be checked for proper operation in the presence of STATE. Should repairs be necessary, the repairs shall be made and the systems rechecked.
CITY shall maintain a list of all program schedules for each irrigation controller as currently programmed, including days and length of watering time for each station and furnish the State a copy of all program schedules prior to start of irrigation.
EXISTING PLANTING. --Existing planting to be maintained shall include all plants that are located within the limits of work shown on plans to be maintained by the CITY.
INITIAL INSPECTION OF EXISTING PLANTING AREAS.--All existing planting areas to be maintained shall be inspected initially by, CITY in the presence of STATE, for plants that are dead, missing, diseased or unhealthy, for proper placement and adjustment of plant stakes and ties, for condition of planting basin and proper depth and placement of mulch materials for the need of weed control. Determination of the need for weeding shall conform to the requirements for "Weed Control11 elsewhere in these special provisions. Initial inspection shall be completed within 14 days after starting work, unless otherwise permitted in writing by the State.
Any deficiencies to the existing planting found during the initial inspection, including the mulching within the limits of the project and the initial control of weeds, shall be corrected by CITY as directed by STATE. Except for replacement of plants, all other corrections to the planting areas shall be completed by CITY within 14 days after initial inspection. All correction work, ordered by STATE as a result of the initial inspection, will be paid for by CITY.
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Plant replacement ordered by STATE as a result of the initial inspection, shall conform to the provisions in "Plant Replacement" elsewhere in these special provisions.
Attention is directed to the section of these special provisions entitled "Damage Repair" in regard to erosion damage.
PLANT REPLACEMENT. --Replacement and planting of plants shall conform to the provisions in Section 20-4.07, VIReplacement,V' and Section 20-4.05, 1tPlanting,11 of the Standard Specifications and these Special Provisions. 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.
A plant shall be replaced when ordered by the Engineer if more than 50 percent of its foliage is injured or damage, or has a growth rate which is less than 50 percent of the most vigorous same species along the right of way in the vicinity of the project as determined by the Engineer.
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 as provided in Section 7-1.13, "Disposal of Material Outside the Highway Right of Way," of the Standard Specifications.
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 7 days from the date of STATE's order to replace such plants. CITY shall furnish to STATE, within 7 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 by the PROJECT shall be pruned when ordered by the STATE or determined necessary by the 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 the CITY. The STATE may prune plants for visibility improvement purposes or plants damaged by accidental vehicular traffic by others no expense to the CITY.
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Ground cover plant growth which extends to the edge of shoulders, sidewalks, curbs or dikes, or to within 2 feet of guardrail, walls, fences, trees or shrubs shall be killed or removed 2 feet back of shoulders, sidewalks, curbs or dikes, or 4 feet back of guardrail, 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 as provided in Section 20-4.05, "Planting", or secured 40 the walls in a manner approved by the Engineer.
REPAIRING PLANTING BASINS. --Planting basins 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. --Plants shall be kept watered as provided in Section 20.4.06, "Watering". 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. Water conservation in accordance with Caltrans water policies 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.
Attention is directed to the provisions in Section 7-l.Ol,"Laws to be Observed," of the Standard Specifications concerning water restrictions that may be required by cities and counties.
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 inadequate water supply and to prevent wind drift or overspray onto the traveled way and adjacent properties.
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Attention is directed to the provisions in "Damage Repair" for drought conditions and "Existing Irrigation Facilities" for malfunction of irrigation systems elsewhere in these special provisions.
FERTILIZING. --Two applications of commercial fertilizer shall be applied by CITY to trees, shrubs, vines and ground cover during each la-month period of this agreement when directed each 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 the CITY. The frequency of applicating may be modified when directed by the Engineer based in part on a minimum of 2 soil tests performed as directed by the Engineer and paid for by the Contractor.
Commercial fertilizer shall be applied to replacement plants at the time of replacement.
Commercial fertilizer shall conformtothe 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, groundcover 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.
CONTROLLING WEEDS, RODENTS AND OTHER PESTS.--Controlling weeds, rodents and other pests shall be performed as often as necessary to maintain the areas specified below in a neat and uniform condition throughout the life of the contract.
WEED CONTROL. --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.
A weed is any undesirable plant as determined by the Engineer.
Weeds shall be controlled as specified in the special provisions and as directed by the Engineer in the following areas:
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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.
Within an area 6 feet in diameter centered at each plant location outside of ground cover areas.
Within asphalt concrete and portland cement concrete surfaced areas shown on the plans.
Attention is directed to the section of these special provisions entitled "Existing Plantingll in regard to initial inspection of areas in need of weed control.
Killing weeds shall be performed by hand, with the use of pesticides, or by any other method approved by Engineer.
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, as provided in Section 7-1.13, on the same day in,which they are pulled.
Limiting the height or length of weeds may be done by mowing, mechanical whipping before weeds reach seed stage or by use of growth regulators.
Weeds killed by hand shall be removed and disposed of outside the highway right of way as provided in Section 7-1.13 of the Standard Specifications.
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.
Weeds shall be killed 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 and fences.
Weeds shall be killed within an area 6 feet in diameter centered at each plant location and within 4 feet of all fences and pavement outside of ground cover areas.
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.
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26d9. When weeds are to be controlled by mowing, the areas to be mowed shall be mowed a minimum of 2 times per year when directed by STATE.
26dlO. Areas to be mowed shall be mowed when weed height exceeds 18 inches and shall be mowed to 6 inches or less in height.
26dll. If growth regulators are used for weed control they shall be applied before weeds exceed 12 inches in height.
26d12. Disposal of mowed material will not be required, unless ordered by STATE. Disposal of mowed material, as ordered by STATE will be paid for the CITY.
26d13. Dead weed growth which, in the opinion of the Engineer, will interfere with subsequent maintenance of highway planting or become unsightly shall be removed and disposed of outside the highway right of way as provided to Section 7-1.13.
26d14. A preemergent pesticide to control weeds, as provided in "Pesticidesw elsewhere in these special provisions, shall be applied to all ground cover areas within the last 3 to 4 months prior to the end of the maintenance period.
27. RODENT AND PEST CONTROL. --Rodents and other pests shall be controlled to prevent damage to irrigation facilities and plants during the life of the contract. Attention is directed to the provisions in Section 7-l.OlH, "Use of Pesticides," of the Standard Specifications. Pesticides used to control rodents and other pests shall be approved by STATE prior to application.
28. PESTICIDES FOR WEED CONTROL. --Pesticides used to control weeds shall conform to the provisions in Section 20.4.026, in this section, pesticide use shall be limited to the following materials:
Glyphosate Diquate Cacodylic Acid Fluazifop Oxadiazon - 50 percent WP (Preemergent) Oryzalin (Preemergent) Diphenamid (Preemergent) Trifluralin (Preemergent) Ammonium Sulfate Chlorflurecol-Methyl (Growth regulator) Melfluidide (Growth regulator)
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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.
Replacement plants shall be planted at least 30 days and irrigated prior to the application of oxadiazion, 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.
LITTER CONTROL. --Litter shall include trash and debris.
Litter as determined by the engineer which is generated by CITY's operations within the limits of work shall be removed and disposed of outside the highway right of way as provided in Section 7-1.13 of the Standard Specifications. Litter generated by CITY operations shall be removed daily at the CITY's expense. Liter, except from CITY's operations, will be removed by STATE forces.
Removal of litter shall be performed as often as necessary to present a neat and clean condition at all times.
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RESOLUTION NO. 94-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COOPERATIVE,
AGREEMENT NO. 1 l-0469 WITH CALTRANS FOR THE
CONSTRUCTION OF THE POINSETTIA LANE/INTERSTATE 5
INTERCHANGE, PROJECT NO. 3269
WHEREAS, the City Council of the City of Carlsbad has determined it necessary,
desirable, and in the public interest to proceed with the improvements to the Poinsettia Lane and
Interstate 5 interchange, Project No, 3269; and,
WHEREAS, Caltrans has special expertise and operational jurisdiction of the proposed
facilities; and,
WHEREAS, a cooperative agreement for the construction of said project is submitted
herewith.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and correct.
2. That Cooperative Agreement No.. 1 I-0469 with the California Department of
Transportation for the construction of the Poinsettia Lane and Interstate 5 Interchange, Project
No. 3269, is hereby approved and the Mayor and City Clerk are hereby authorized and directed
to execute said agreement. That following the Mayor’s signature of said Agreement copies shall
Ill
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be forwarded to the City Engineer and the California Department of Transportation attention
Pamela R. Klos, P.O. Box 85406, San Diego California, 92186-5406.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 11 th day of .T- , 1998 by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
AlTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
I
/ .
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A
STATE OF CALIFORNIA, )
COUNTY OF SAN DIEGO ) ss.
I. Aletha L. Rautenkranz , (:itl (:lcrli of tllr (;ity cd (::dsld, (:olltlt!. of San IIicp, StatcS of (:a1ifortria.
lu~~dn cxcbrtif\, tlmt I IMVO colt~purcd tlw for~@rlg copy with tlrc origircll Resolution. NO, 94-U pss~d ;IIKI
adopted I)! said (Iit!, (101111cil. at 3..E%Wl.~~~ tiltding tlwrcwf, at tlw tittw aid I)v tlw votcb tlwr(4il
htatc-cl. wllicll origilul Resolufiqn..No,..?4_1?. is now on filth in III\’ 0lFicr~: that tlic saw cw&kitis ii hill. tnich
;iI ttl cwrrc~c~t trail.sc.ript tlicwh)lli aid of tlw wliolt~ tlic7wd.
\\‘itrwss III!’ II;III~ ~III(I tlict scd of said <:ity of (hrlsld, this 19th thy of &WARY. .1994 _~ .
i SI’:\l, 1 &Zk .A) . . . . . . +
(Zity Clerk
January 19,.1994
California Department of Transportation P. 0. Box 85406 San Diego, CA 92186-5406
Attention: Pamela R. Klos
Re: State of California Agreement No. 11-0469 - Construction of the Poinsettia Lane/Interstate 5 Interchange
The Carlsbad City Council, at its meeting of January 11, 1994, adopted Resolution No. 94-13, approving Cooperative Agreement No. 11-0469, with the State of California, for construction of the Poinsettia Lane/Interstate 5 Interchange.
Enclosed please find three fully executed originals of the agreement with three certified copies of Resolution No. 94-13 attached.
It is requested that one fully executed original agreement be returned to this office.
eecMc * - Assistant City ilerk
KRK:ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808 @
STATE OF CALIFORNIA L BUSINESS, TRAM:--TATION AND HOUSING AGENCY 4 PETE UILSON, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 11, P.O. BOX 85406, SAN DIEGO 92186-5406
(619) 688-6424 TDD Nunber
(619) 688-6803
February 14, 1994
ll-SD-5 R44.8/R46.2 11222-167841 11-0469 Poinsettia Lane
Mr. Marty Oryenyak Community Development Director City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009
Dear Mr. Oryenyak:
Enclosed for your records is a fully executed original copy of the Cooperative Agreement No. 11-0469, with the City of Carlsbad to construct State Highway Improvements on Route 5 at Poinsettia Lane.
Sincerely,
ative Agreements
Enclosure
.
STATE OF CALIFORNIA - BUSINESS,TRANSPORTA~\ND HOUSING AGENCY
DEPARTMENT OF TRANSPGRTATION
PETE WILSON, Governor
DISTFUCT 11, P.O. BOX 85406, SAN DIEGO 92186-5406
(619) 68843792 Voice
(619) 688-2575 TDD
(619) 688-3141 Fax
December 27, 1994
ll-SD-5 P.M. R44.8/R46.2 E.A. 11222-167841 Agreement No. ll-0469/Al Poinsettia Lane Amendment
Mr. Marty Oryenyak Community Development Director City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009
Dear Mr. Oryenyak:
Enclosed for your records is a fully executed original copy of the Cooperative Agreement No. ll-0469/Al, with the City of Carlsbad to modify the existing cooperative agreement so Caltrans can pay for portions of the ramp meters at Poinsettia Lane and Interstate 5.
Sincerely,
GFEDWARD L. HAJJ Cooperative Agreements
Enclosure