HomeMy WebLinkAbout1992-01-28; City Council; 11539; PALOMAR AIRPORT ROAD/INTERSTATE 5 INTERCHANGE WIDENING COOPERATIVE CONSTRUCTION AGREEMENT4
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on and off-ramps.
Staff has objected to the landscape maintenance provisions. The landscaping is I
in nature and is only intended as erosion protection. It has been staffs positi
CALTRANS should maintain project landscaping following project acceptance and
the condition requiring maintenance by the City for a four year period.
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CALTRANS has indicated that they would maintain the landscape if the City would I
irrigation water for the four year period.
Because this agreement needs to be executed by February to maintain the
schedule, these provisions will be clarified in an agreement supplement.
expenditures for maintenance would not begin for two years. Provision for traffic
maintenance are standard and similar to other interchanges in the City. Staff
problem with those conditions.
FISCAL IMPACT:
The total estimated project cost is approximately $1 0,500,000. The project will be
from a combination of TRANSNET, Federal, State and Local Partnership funds Brid
Thoroughfare District, and the Community Facilities District No. 1 funds.
Pending the sale of Community Facility District Bonds cash flow for the project wi
from TRANSNET entitlements and an $8,200,000 TRANSNET Loan.
Summary of expenditures and revenue are as follows:
EXPENDITURE SUMMARY
City Engineering Administration (Estimated) $ 45,000.00
Caltrans Oversight (Estimated) 200,000.00
Project Study, Project Report 200,000.00
Design 870,000.00
Construction Engineering (State) 1,075,000.00
City Construction Service 50,000,OO
Right of Way Costs 100,000.00
Construction $ 7,960,000.00
EXPENDITURE TOTAL $ 10,500,00.00
ESTIMATED REVENUE SUMMARY
* Bridge and Thoroughfare District $ 1,445,000.00
TRANSNET Route 78 Corridor 2,006,500.00
TRANSNET Bicycle Fund 250,000.00
SEISMIC RETROFIT - Caltrans 243,000.00
Reclaimed Water Line 201,000.00
State and Local Partnership Fund (Estimated) 800,000.00
Federal Highway Funds 3,400,000.00
Community Facilities District $ 2,154,500.00
REVENUE TOTAL $1 0,500,000.00
* Bridge and Thoroughfare District Funds have been absorbed into the Comi
Facilities District #1 (CFD) $1,445,000 includes $475,000 local TRANSNEl
which will be replaced in the future by CFD Funds.
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PAGE THREE OF AB# !i; f; 3 3
The estimated revenue summary is provided to assure Council that sufficient funds are av
to fund the obligation incurred by the subject agreement. Staff will return prior to contract
with the detailed financial program and actual project appropriations.
EXHIBITS:
~5) 3 - L/ c 1. Resolution No.
2. Agreement
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RESOLUTION NO. 9 2 - 4 O
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A COOPERATIVE
AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT
OF TRANSPORTATION FOR THE CONSTRUCTION AND
MAINTENANCE OF THE PALOMAR AIRPORT ROAD
INTERSTATE5 INTERCHANGE WlDENlNGAND IMPROVEMENT
PROJECT
WHEREAS, the Palomar Airport Road - Interstate 5 interchange currently c
below standards established by the City of Carlsbad Growth Management Program;
WHEREAS, the State Department of Transportation and the City at Carlsbad c
cooperate in the widening and improvement of the interchange; and
WHEREAS, the City Council of the city of Carlsbad hereby finds it necessary, d
and in the public interest to enter into an agreement with the STATE to CI
improvements to insure that the Growth Management Provision are met:
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and correct.
2, That the Cooperative Agreement No. 11 -0457 between the STATE and
of Carlsbad is hereby approved and the Mayor and the City Clerk are hereby authori
directed to execute said agreement.
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3. Following the Mayor’s signature the City Clerk is further authorized and c
to fotward three copies to Mr. Jesus M. Garcia District Director of DISTRICT 11 C
Department of Transportation attention Jerry W. Love P.O. Box 85406 San Diego, CA
5406 for final execution.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
held on the 28th day of Jan- 1992 by the following vote, to wit:
AYES: Council Members Lewix, Kulchin, Larson, Stanton and
NOES: None
ABSENT: None
CLAUDE A, LM& tvkyor
ATTEST:
ALETHA L. RAUTENK~NZ, city Clerk 1
(SEAL)
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11-SD-E R46.6/R47. C
11203-153911 Agreement No. 11-045; Palomar Airport Roac
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON is between thc STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as tnSTATEtf, and
CITY OF CARLSBAD, a body
corporation of the STATE of California, referred to herein as l@CITY1l
politic and a municipal
RECITALS
(1) STATE and CITY contemplate constructing State Highway improvements consisting of widening the overcrossing on Route
5 at Palomar Airport Road, referred to herein as '@PROJECTg1.
(2) 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:
(3) 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.
(5) The purchase of right of way, the handling of utility relocation, and preliminary and design engineering for PROJECT
have been subjects of separate prior Cooperative Agreements.
(6) An Amendment, A/1, to the design Cooperative Agreement, No.
11-0378, for PROJECT to include seismic retrofitting of the
existing structure was executed on October 22, 1991. STATE will bear the entire expense for retrofit work.
(4)
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11-045
SECTION I
STATE AGREES:
(1) To provide all labor, materials, tools and equipment t
administration, inspection, materials testing and such othe
construction engineering as may be required for satisfactor completion of PROJECT.
(2) At no cost to CITY, to provide those STATE services include in STATE'S oversight responsibility for construction c PROJECT in accordance with the provisions of STATE'S Polic and Procedure Memorandum No. P90-01.
To pay all costs incurred to install seismic retrofitting c
existing structures.
To construct PROJECT by contract in accordance with plans an specifications prepared by CITY and approved by STATE.
(5) To issue, upon proper written application by CITY or it contractor, an encroachment permit authorizing entry ont STATE'S right of way to perform required landscar maintenance.
To establish separate PROJECT accounts to accumulate charge
for all costs to be paid for by CITY pursuant to thi Agreement.
(7) To submit an initial billing in the amount of $550,000 t CITY, immediately following STATE'S bid advertising date of
construction contract for PROJECT. Said initial billing t represent CITY'S initial deposit for two months estimated cos of STATE services and for one month estimated constructic cost.
(8) Thereafter, to prepare and submit monthly billing statement for estimated expenditures for construction and STATE service
one month in advance to CITY, as construction of PROJEC proceeds.
(9) To consult with CITY on all change orders with an estimate cost of over $50,000 before implementation, except whe
necessary for the safety of motorists and/or pedestrians c for the protection of property.
perform services for PROJECT, including contrac
(3)
(4)
(6)
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11-0457
(io) To provide CITY quarterly reports of actual expenditures compared to the monthly advances made by CITY and to provide updated planned reimbursement schedules. The cash deposit amounts may by revised based on the updated planned
the planned expenditures monthly to assure that CITY'S advance deposits pursuant to Section 11, 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
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.
expenditure schedules. STATE wall monitor the actual versus
(11)
audit) any amount of CITY'S deposits and payments STATE is
SECTION I1
CITY AGREES:
(1) To bear 100 percent of the total actual construction cost of PROJECT, excluding construction cost of seismic retrofitting for existing structure, estimated to be $7,800,000, including the cost of STATE-furnished materials, supplemental work,
change orders, contract claims paid to the construction contractor, and the cost of STATE'S defense of all PROJECT-related claims which may be filed by said contractor.
after completion of all work and upon final accounting of costs.
(2) To bear 100 percent of the actual cost of STATE services for PROJECT, excluding STATE services for seismic retrofit work,
estimated to be $1,053,000. Said costs of STATE services shall include costs of providing personnel resources and their equipment and all direct and indirect costs (functional and administrative overhead assessment) attributable to such work applied in accordance with STATE'S standard accounting procedures, except those costs which are determined to be included in STATE'S oversight responsibility. The actual cost
of STATE services for PROJECT shall be determined after completion of all work and upon final accounting of costs.
The actual construction costs of PROJECT shall be determined
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(3) CITY'S initial total obligation for the costs of constructil and STATE'S services is $8,853,000. increase to cover the costs of utility protection, relocatil or removal as provided in Article (12) of Section I11 of th Agreement. The total obligation may also be adjusted 1 reflect costs which differ from the initial estimated tot:
costs of construction and STATE services. Any increase .
total obligation will be subject to the vote of CITY, t] certified results of which will be incorporated by referenc into this Agreement without the necessity of a writtt amendment.
(4) To deposit with STATE within 20 working days of receipt c billing therefor (which billing will be forwarded immediate1 following STATE'S bid advertising date of a constructic contract for PROJECT ), the amount of $550,000. Said figui represents the estimated initial deposit for two month estimated cost of STATE services and one month estimate construction cost for PROJECT, as shown on Exhibit "A attached and made a part of this Agreement.
To deposit with STATE not later than 10 working days precedin the beginning of each month, the estimated expenditures fo that month and to continue making such advance deposits on monthly basis until PROJECT completion.
!Po pay STATE upon completion of all work and Within 25 Workin
days of receipt of a detailed statement made upon fina accounting of costs therefor, any amount over and above th aforementioned deposits and payments required to complet CITY'S financial obligation pursuant to this Agreement.
STATE'S construction contract claims process will be used i. consultation with CITY. CITY shall abide by the outcome 01
said process.
Upon completion of work under this Agreement, CITY will assumc maintenance and the expense thereof for any part of PROJEC':
located outside of current STATE right of way until acceptanct of any such part of PROJECT into the State highway system bi STATE, approval by the Federal Highway Administration, if required, and conveyance of acceptable title to STATE.
Upon completion of the PROJECT construction contract by STATE, CITY Will assume maintenance and the expense thereof of a13 the landscape work on PROJECT, for a period of four (4) years. Maintenance Standards are attached to this Agreement and incorporated herein by reference as Exhibit lrB1l.
This amount is subject
(5)
(6)
(7)
(8)
(9)
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(10) To make written application to STATE or to have CITY' contractor make written application to STATE for necessar
encroachment permits authorizing entry onto STATE'S right c
be issued in accordance with STATE'S standard permi
procedures.
way to perfom required landscape maintenance. Permits wil
SECTION I11
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) All obligations of STATE under the terns of this Agreement ax
subject to the appropriation of resources by the Legislatux
and the allocation of resources by California Transportatic Commission.
(2) Should any portion of PROJECT be financed with Federal fund or State gas tax funds, all applicable laws, rules ar
policies relating to the use of such funds shall appl
notwithstanding other provisions of this Agreement.
STATE'S goals for utilization of Minority and Women's Busines
Enterprise (MBE and WBE) will be included in the constructio
contract. The contract goals will be based on a technica analysis of contract items and certified MBE/WB subcontractors in the area. STATE will award PROJECT to th lowest responsible bidder who meets the goals or who made, i
the sole judgment of STATE, a good faith effort to do so.
(4) STATE shall not advertise for bids to construct PROJECT unti
after this Agreement is executed by both parties thereto
STATE shall also not advertise for bids to construct PROJEC' until CITY delivers to STATE control and/or possession tc
rights of way, free and clear of all encumbrances detrimenta
to STATE'S present and future uses at a time of CITY', certification of rights of way ready for construction
Acceptance of said title by STATE is subject to a review of Policy of Title Insurance in STATE'S name to be provided an
(3)
paid by CITY.
(5) STATE shall not award a contract to construct PROJECT unti after receipt of CITY'S deposit required in Article (4) o
Section 11.
If, after openihg bids for PROJECT and if bids indicate a cos' overrun of no more than 10% of the Engineer's Estimate wil
occur, STATE may award the contract, except that immediatel:
after opening of bids, STATE and CITY may conduct a join
review of the bid item prices if so requested by CITY.
(6)
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(7) If CITY does not agree with the aforementioned bid item prices, CITY may terminate this Agreement within 25 days of
the opening of bids pursuant to the provisions of Article (9) of this Section 111.
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 111.
Prior to award of the construction contract for PROJECT, CITJ
may terminate this Agreement, in writing, provided that CITI
related to seismic retrofitting, incurred by STATE, undei terms of this Agreement.
(10) If termination of this Agreement is by mutual consent, CIT!
will bear 100 percent of all PROJECT related costs, excludinc costs related to seismic retrofitting, incurred by STAT pursuant to this Agreement.
(11) After award of the construction contract for PROJECT, shoul
CITY, after a request by STATE, not authorize funding beyon
the amounts stated in Articles (l), (2), (3) and (5) o Section I1 above, STATE shall insure that all operatin roadways are in a safe and satisfactory permanent operatin condition and then shall cease work on PROJECT. Additiona costs incurred in excess of payments made will be billed ar
subject to payment by CITY within thirty (30) days or STAT€ acting through the State Controller, may withhold an eqyE
amount from future apportionments due CITY from the Highwi User Tax Fund,
If, during PROJECT construction, any unforeseen conflict wil existing public and/or private utilities occur, or there is significant change required in any approved utility relocatit
plan, then the provisions of STATE'S current Standa Specifications Section 8-1.10 (Utilities and Non-Highw Facilities) shall apply.
In the construction of PROJECT, CITY may, at no cost to STAT
furnish a representative, if it so desires. Sa representative and STATE'S Engineer will cooperate and consu
with each other, but the decisions of STATE'S Reside Engineer shall prevail as final, binding and conclusive in a matters concerning the PROJECT construction contract.
(8)
(9)
pays STATE for all PROJECT related costs, excluding cost:
(12)
(13)
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(14) Upon completion and acceptance of the PROJECT construction contract by STATE, STATE will accept control of and maintain, at its own cost and expense, those portions of PROJECT lying within STATE'S right of way, except local roads delegated tc CITY for maintenance and landscape maintenance pursuant tc Article 9, Section I1 of this Agreement.
(15) CITY will accept control and maintain, at its own cost and
expense, the portions of PROJECT lying outside the STATE.5
local roads within STATE'S right of way delegated to CITY foi maintenance.
right of way. Also, CITY will maintain, at CITY eypensa,
(16) If CITY fails to maintain said landscaping, per Section I1 Article 9, STATE shall give CITY written notice thereof. I: CITY fails to maintain said landscaping within thirty (30: days from receipt of written notice thereof from STATE, STATl will perform or cause to be performed sufficient maintenancc to preserve the landscaping; the cost of which shall be paic
by CITY within ninety (90) days of billing.
(17) STATE will maintain the traffic control signal system anc safety lighting as installed at the ramp terimini. STATE!! share of the maintenance and electrical energy costs at thc respective locations will be 50%. CITY shall reimburse STATl
electrical energy costs at the two new locations. CITY': share will be an amount equal to 50% at each location.
(18) STATE will operate the traffic control signals as installec and pay 100% of the operation cost.
(19) Upon completion of all work under this Agreement, ownershi and title to materials, equipment and appurtenances which ar installed within STATE'S right of way will automatically b
vested in STATE, and materials, equipment and appurtenance which are installed outside of STATE'S right of way will b vested in CITY. No further agreement will be necessary t
transfer ownership as hereinabove stated.
(20) Neither STATE nor any officer or employee thereof shall b responsible for any damage or liability occurring by reason o
anything done or omitted to be done by CITY under or i connection with any work, authority or jurisdiction delegate to CITY under this Agreement. It is also agreed that pursuant to Government Code Section 895.4, CITY shall full indemnify and hold STATE harmless from any liability impose
for injury (as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done b
for CITY'S proportionate share of the said maintenance anc
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CITY under OX in GonneGtion with any work, authority or jurisdiction delegated to CITY under this Agreement.
(21) Neither CITY nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement.
(22) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by thc parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties
hereto.
(23) Except as otherwise provided in Articles (9) and (10) of this Section 111, those portions of Agreement pertaining to the construction of PROJECT shall terminate upon completion anc acceptance of the PROJECT construction contract by STATE, 01 on December 31, 1995, whichever is earlier in time. However, the ownership and maintenance clauses shall remain in effect until terminated or modified in writing, by mutual agreement.
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Should any claim arising out of the contract to construc PROJECT be asserted against STATE, CITY agrees to extend th termination date of this Agreement and provide funding subject to CITY I s governing body budgeting sufficient funds t
cover CITY'S share of costs, or execute a subsequent agreemen to cover those eventualities.
STATE OF CALIFORNIA Department of Transportation
Director of Transportation
BY
JAMES W. VAN LOBEN SELS
Chief Deputy District Director Attest:
wlerd 'u
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Approved as to Form and Procedure:
Attorney Department of Transportation
Certified as to Funds and Procedure: RONALD R. BALL, Acting City Att
District Accounting Administrator
I hereby certify upon my own pc knowledge that budgeted fund# available for the period and puq payment to STATE stipulated in thc
Agreement:
Deputy Director, Facilities
Financing Division
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TYPE OF CONSTRUCTION
Interchange Improvements Seismic Retrofit
Construction Cost *
Construction Engineering - +13.5% (SERVICES)
Total Project Cost
CITY STATE TOTAL F"DS FUNDS COST
$7,800,000 -- $7,800,000 -- $160,000 160,000
$7,800,000 $160,000 $7,960,000
$1,053,000 $ 22,000 $i,o75,ooa
$8,853,000 $182 , 000 $9,035,00C
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Exh ib it I1 B It
Maintenance standards
These Standards allow the CITY to establish and maintain planting, as outlined herein, within the PROJECT limits.
A written authorization from the State Permit Office, District 11, snall be required prior to changing any condition set forth in these Maintenance Standards.
The work to be done consists, in general, of maintaining highway planting and maintaining irrigation systems installed under PROJECT construction contract. The duration of this maintenance period
shall be 1460 days, to commence upon written approval by STATE of the PROJECT construction contract.
The CITY will be required to adequately water plants: replace unsuitable plants: replace dead or missing plants, and to do weed, rodent and other pest control, as determined necessary by STATE.
In order to accomplish the maintenance work, CITY shall furnish sufficient personnel and adequate equipment to perform the work during the maintenance period.
GENERAL
Maintaining highway planting work shall include, but not be limited to, inspecting, checking and repairing irrigation facilities: testing and certifying backflow preventers; inspecting and replacing plants: repairing plant basins: watering plants: controlling weeds, rodents and other pest: and furnishing anc applying pesticides and fertilizer.
PLANS
Plans for this project entitled "Planting and Irrigation" show thc
limit of work and areas where maintaining highway planting is to bt performed. Plans will be from PROJECT Vecordfl plans as approvec
by STATE upon completion of PROJECT construction and are fo reference only. The irrigation facilities and planting shown 0' the plans may differ from actual field "as built" locations an1 conditions.
TESTING BACKFLOW PREVENTERS
Backflow preventers shall be tested for proper operation by certified Backflow Preventer Tester. The tester shall hold a vali certification as a Backflow Preventer Tester from the county i which the device to be tested is located or: if the county does nc
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have a certification program for Backf low 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.
The American Water Works Association.
A county which has a certificate program for Backfloh Preventer Testers.
Testing for proper operation shall conform to the provisions of thc county in which the testing is being performed or, if sucl.
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 thc California Department of Health Services, Sanitary Engineerin5 Branch, Sacramento, CA 95814.
Backflow preventers shall be tested initially at the beginning oj the maintenance period and then retested approximately every 1; months thereafter. If more than 6 months have passed since thc last testing, the backflow preventers shall be tested during thc
last month prior to the completion of maintenance period.
CITY shall notify STATE Maintenance at least 7 days prior tc testing backflow preventers.
One copy of all test results for each backflow preventer shall bc furnished to STATE Maintenance.
Repair of backflow preventers will be at CITY'S expense.
2.
3.
CHECKING, REPAIRING AND OPERATING IRRIGATION SYSTEMS
Checking and repairing of irrigation systems shall include, but no be limited to, checking, adjusting and repair or replacement o
valves, valve boxes, sprinklers, risers and swing joints, wy strainers, valve and filter assembly units, and irrigatio
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 damage or missing and repair of irrigation controllers that malfunctio will be at CITY'S expense.
CITY shall be responsible for water meters, booster pumps, pip supply lines, conduits and sprinkler control conductors. An repair work to these facilities ordered by STATE will be at CIT expense.
operations shall be repaired at the expense of CITY.
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Any damage to existing irrigation facilities caused by CITY'
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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 by STATE.
CITY shall set and program the irrigation controllers for seasonal water requirements. CITY shall clean, adjust and replace
sprinklers, valves, strainers and filters as necessary. Irrigation
systems shall be operated automatically a minimum of 2 minutes every 2 weeks.
PLANT REPLACEMENT
The spacing requirements for replaced plants shall be as shown on
the plans. If the plant to be replaced is mulched, then the replacement plant shall be remulched as shown on the plans.
Unless larger plant sizes are shown on the plans, the size of replacement plants shall be one gallon for shrubs, vines and
Eucalyptus trees, and 5-gallon for other trees. Replacement plants for ground cover shall be as shown on the plans.
Removed plants shall be disposed of outside of the highway right of way.
Replacement planting of plants that are readily available nursery
stock plants shall be completed within 14 days from the date of STATE order to replace such plants.
An order to vendors for replacement plants that are not readilq available nursery stock plants shall be made by CITY within 10 days
from the date of STATE'S order to replace such plants. CITY shall furnish to STATE, within 10 days after ordering plants, a copy oj the order to vendors and a statement from the vendors stating, that the order has been received and accepted, and the date when thc ordered plants will be shipped.
PRUNING
Plants installed under PROJECT shall be pruned when ordered b!
STATE or determined necessary by CITY for such horticultura:
winds or pest control. Such ordered pruning will be paid by CITY Plants shall be pruned as determined necessary by STATE fo
visibility improvement purposes or which may become damaged b vehicular traffic from the roadway.
Ground cover plant growth which extends to the edge of shoulders sidewalks, curbs or dikes, or to within 2 feet of guardrails
walls, fences, trees or shrubs shall be killed or removed 2 fee back of shoulders, sidewalks, curbs or dikes, or 4 feet back o
purposes as mitigation for the effects of cold, heat, desiccatini
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guardrails, walls, fences, trees or shrubs by pruning or by
pesticides. Ground cover also shall be kept removed from within
the basins, including the basin walls, and from planting areas
within header boards.
Vines next to fences or walls shall be kept tied to the fences.
REPAIRING PLANT BASINS
Planting basins if utilized shall be kept well formed and in good repair, including silt removal and shall be repaired as often as necessary to provide sufficient containment of water for healthy
plant growth. If plants were mulched prior to basin damage the] basin repair shall include replacing the mulch.
Plant basins may be temporarily modified during the wet season tc
prevent plant and basin damage due to excessive water.
WATERING AND FERTILIZING
All planting to be maintained shall have water applied at the ratc and as frequently as necessary to maintain healthy plant growth ant
mitigate the effects of cold, heat or desiccating winds or recen pruning operations. Water conservation shall be practiced at a1 times. Excessive use of water resulting in runoff will not bc
allowed.
Water for maintaining plants and electrical energy for irrigatio facilities will be furnished by CITY.
Precautions shall be taken to prevent water from wetting adjacen properties, vehicles, pedestrians, and pavement.
If reclaimed water is used, watering shall comply with State c California and local health code requirements.
Hours of watering may require adjusting normal working hours due t drought requirements, water supply fluctuations due to adj acen watering, inadequate water supply and to prevent wind drift c overspray onto the traveled way and adjacent properties.
Areas which are known by CITY to have high frequencies of vandalis shall be checked by CITY prior to each watering to reduc possibility of water damage or waste due to broken systems.
Two applications of commercial fertilizer shall be applied by CI': to trees, shrubs, vines and ground cover during each 12-monl period of this agreement when directed by STATE. Addition: commercial fertilizer applications requested by CITY and approvc
or ordered by STATE may be made within a 12-month period. A:
applications of fertilizer will be paid for by CITY.
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Commercial fertilizer shall be appliedto replacement plants at the time of replacement.
Commercial fertilizer shall conform to the requirements of the California Food and Agricultural Code, shall be in pelleted or granular form, and shall have a minimum guaranteed chemical
analysis of 12 percent nitrogen, 8 percent phosphoric acid and 8 percent water soluble potash.
Commercial fertilizer shall be applied at the rate recommended by the manufacturer with a maximum rate of 1/4 pound for each tree, shrub, shrub ground cover and vine and at the rate of 15 pounds per
1,000 square feet for ground cover areas per application.
Commercial fertilizer applied to ground cover areas shall be spread
with a mechanical spreader whenever possible.
Immediately following each application, commercial fertilizer shall be watered into the soil.
WEED CONTROL
Controlling weeds shall be performed as often as necessary to maintain the areas in a neat and uniform condition throughout the
life of the maintenance period.
Weed control shall consist of killing weeds or limiting the height
or length of weeds. Basins and basin walls shall be kept free of
weeds -
Weeds shall be controlled as specified in the following areas:
1. Within ground cover areas and within the areas extending beyond the outer limits of such ground cover areas to the adjacent edges of shoulders, dikes, curbs, sidewalks,
walls, or fences, unless otherwise shown on the plans.
Within an area 6 feet in diameter centered at each plant location outside of ground cover areas, except for liner
and seedling plant locations which shall be weeded withir an area 2 feet in diameter.
Killing weeds shall be performed by hand, with the use ol pesticides, or by any other method approved by STATE.
Where weeds are to be pulled by hand they shall be pulled before
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they reach the seed stage of growth or exceed 4 inches in lengtl and disposed of outside the highway right of way.
Limiting the height or length of weeds may be done by mowing mechanical whipping before weeds reach seedstage or by use 0' growth regulators.
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Where pesticides are used to control weeds, weeds shall be killed before they reach the seed stage of growth or exceed 6 inches in length.
mere weeds are not remipod tO be killed, Weed3 shall k
controlled by mowing or controlled by growth regulators.
Mowing shall not be performed on slopes 3:l or steeper.
When weeds are to be controlled by mowing, the areas to be mowed
shall be mowed a minimum of 1 time per year when directed by STATE.
Areas to be mowed shall be mowed when weed height exceeds 18 inches and shall be mowed to 6 inches or less in height,
If growth regulators are used for weed control they shall be applied before weeds exceed 12 inches in height,
Disposal of mowed material will not be required, unless ordered by
STATE. Disposal of mowed material, as ordered by STATE will be paid for by CITY.
Dead weed growth which, in the opinion of 6!I!AT!E, will intel?fer€
with subsequent maintenance of highway planting or become unsightly or a fire hazard shall be removed and disposed of outside the highway right of way.
A preemergent pesticide to control weeds shall be applied to al: ground cover areas within the last 3 to 4 months prior to the en( of the maintenance period,
Pesticides used to control weeds shall be limited to the followinc materials:
Glyphosate Diquat@ Cacodylic Acid Fluazifop
Oxadiazon - 50 percent WP (Preemergent)
Diphenamid (Preemergent) Trifluralin (Preemergent) Ammonium Sulfate Chlorflurecol-Methyl (Growth regulator) Melfluidide (Growth regulator)
CITY may request the use of other pesticides. The written requef
for the use of other pesticides shall be submitted by CITY 1 STATE, Such other pesticides shall not be used or applied unt. CITY has received written confirmation of the STATE'S review fc their use from STATE.
Growth regulators shall not be applied within 6 feet of tree: shrubs or vines.
Oryzalin (Preemergent)
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Replacement plants shall be planted at least 30 days and kigaked
prior to the application of oxadiazon, or oryzalin, diphenamid or
trifluralin.
Ammonium sulfate shall be used only in areas with Carpobrotus or
Delosperma.
A minimum of 100 days shall elapse between applications of oxadiazon, oryzalin, diphenamid or trifluralin.
RODENT AND PEST CONTROL
Rodents and other pests shall be controlled to prevent damage to
irrigation facilities and plants. Pesticides used to control
rodents and other pests shall be approved by STATE prior to application.
LITTER CONTROL
Litter shall include trash and debris. Litter as determined by STATE which is generated by CITY'S operations shall be removed daily and disposed of outside the highway right of way, at CITY'S expense .
BRUSH CLEARING
Native brush control shall not be performed outside of those areas
as specified under WEED CONTROL of these Standards.
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