HomeMy WebLinkAbout1994-01-11; City Council; 12534; Poinsettia/I-5 Interchange Construction AgmtY.
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WY OF CARLSBAD - AGUDA BILL ?-" - :* '
AB # lai53q TITLE: DEPT.
CITY E MTG. 01 /11/94 POlNSElTlA LANE - INTERSTATE 5
INTERCHANGE CONSTRUCTION AGREEMENT DEPT. ENG CITY n
RECOMMENDED ACTION;
Council adopt Resolution No. 5 9- 13 approving Agreement No. 1 1-0469 pro'
for the construction of the Poinsettia Lane and Interstate 5 interchange widening pi
ITEM EXPLANATION:
The attached cooperative agreement between Caltrans and the City of Carlsbad c
the obligations and responsibilities of each agency relative to administration t
construction contract for the Poinsettia Lane Interchange project. Key features
agreement are as follows:
1. City pays all cost except seismic retrofitting. Total cost is estima
$7,400,100 of which $35,100 is estimated for seismic retrofit.
2. Caltrans to administer the construction project including co
all change orders under $50,000. For change orders over $50,00
City must be consulted.
3. City shall deposit with the State $484,700 concurrent wit1
advertisement.
City shall make progress payment no later than 10 working
preceding the beginning of each month.
City shall have authority to reject any bid award 10% or more ,
engineer's estimate.
The Agreement provides for the State to maintain signals at the fri
ramp termini and at the intersections of Poinsettia Lane with Pas6
Norte (PDN) and Avenida Encinas. City shall cover all costs at Past
Norte and Avenida Encinas and 50% of cost for signals at the
termini.
The City agrees to assume maintenance of project landscaping
period of 21 months after project completion in conformance with Ex1
to the Agreement.
advertisement, award, contract payments, inspection and authorizai
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7.
FISCAL IMPACT
City is agreeing to cover project costs estimated at $7,365,000. Said amount
comprised of $6,489,000 for construction, and $876,000 for CALTRANS cc
administration. An additional $50,000 is estimated for landscape maintenancc
approximately $20,000 annually for traffic signal maintenance.
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PAGE TWO OF AGENDA BILL NO. lg! 534
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Funding for this project is included in the Community Facilities District (CFD)
Insufficient funds currently exist in CFD No. 1 to fund the project. A loan has
arranged through the San Diego Association of Government (SANDAG). Funding
obtained temporarily from SANDAG to be repaid with interest from the CFD when fi
becomes available.
EXHIBITS:
1. Resolution No. 9 q - 1.3 approving Agreement No. 1 1-0469 providing f
construction of the Poinsettia Lane and Interstate 5 interchange widening PI
Cooperative Agreement No. 11 -0469 2.
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RESOLUTION NO, 9443
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COOPERATIVE
AGREEMENT NO. 114469 WITH CALTRANS FOR THE
CONSTRUCTION OF THE POINSETTIA LANEIINTERSTATE 5
INTERCHANGE, PROJECT NO. 3269
WHEREAS, the City Council of the City of Carlsbad has determined it nl
desirable, and in the public interest to proceed with the improvements to the Poinsettia
Interstate 5 interchange, Project No. 3269; and,
WHEREAS, Caltrans has special expertise and operational jurisdiction of the 1
facilities; and,
WHEREAS, a cooperative agreement for the construction of said project is
herewith.
NOW, THEREFORE, BE IT RESOLVED as follows:
1.
2.
That the above recitations are true and correct.
That Cooperative Agreement No.. 11-0469 with the California Depa
Transportation for the construction of the Poinsettia Lane and Interstate 5 interchans
No. 3269, is hereby approved and the Mayor and City Clerk are hereby authorized an
to execute said agreement. That following the Mayor’s signature of said Agreement co
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be forwarded to the City Engineer and the California Department of Transpodation
Pamela R. Klos, P.O. Box 85406, San Diego California, 921 86-5406.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cin
held on the - day of - , 199%4 by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
ATTEST:
AL~*wiLi5i,~~ci
(SEAL)
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11-SD-
R44.8/R46.
-. 11222-16784 Agreement No. 11-046'
Poinsettia Lan
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON is between th STATE OF CALIFORNIA, acting by and through its Department o Transportation, referred to herein as "STATE1*, and
CITY OF CARLSBAD, a bod politic and a municipa corporation of the STATE o California, referred to herei as ItCITYtl
RECITALS
(1) STATE and CITY contemplate constructing State Highwa improvements consisting of widening the overcrossing an approaches, signalizing the ramp termini and adjacent stree intersections, widening the ramps, adding auxiliary an
acceleration lanes, and metering the entrance ramps on Rout
5 at Poinsettia Lane, referred to herein as 'IPROJECT".
(2) STATE is authorized to do all acts necessary, convenient o proper for the construction or improvement of all highway under its jurisdiction, possession or control.
(3) CITY is authorized to plan, design, acquire right of way an construct projects on the State Highway System.
(4) STATE and CITY do mutually desire to jointly participate i the construction of PROJECT and desire to specify herein th terms and conditions under which PROJECT is to be constructed
financed and maintained.
(5) The purchase of right of way, the handling of utilit relocation, and preliminary and design engineering for PROJEC have been subjects of a separate prior Cooperative Agreement
(6) An Amendment, A/1, to the design Cooperative Agreement, No 11-0429, for PROJECT to include seismic retrofitting of th existing structure was executed on June 24, 1992. STATE wil
bear the entire expense for retrofit work.
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SECTION I
STATE AGREES:
(1) To provide all labor, materials, tools and equipment fc
administration, Resident Engineer, Bridge Representative material source inspection, independent assurance a1 specialty testing, inspection staff and such othc
construction engineering as may be required for satisfactoi completion of PROJECT.
At no cost to CITY, to provide those STATE services include
in STATE'S oversight responsibility for construction ( PROJECT in accordance with the provisions of STATE'S Polic and Procedure Memorandum No. P90-01.
PROJECT, including advertising, award , contrac
(2)
(3) To pay all costs incurred to install seismic retrofittiny <
existing structures.
(4) To construct PROJECT by contract in accordance with plans ai specifications prepared by CITY and approved by STATE.
(5) To issue, at no cost to CITY or its contractor, upon propt written application by CITY or its contractor, an encroachmei permit authorizing entry onto STATE'S right of way to perfoi required landscape maintenance.
To establish separate PROJECT accounts to accumulate chargc for all costs to be paid for by CITY pursuant to th Agreement.
(7) To submit an initial billing in the amount of $484,700 . CITY, 15 days prior to STATE'S bid advertising date of
construction contract for PROJECT. Said initial billing 8 represent CITY'S initial deposit for two months estimated co of STATE services and for one month estimated constructit cost.
(6)
(8) Thereafter, to prepare and submit monthly billing statemen for estimated expenditures for construction and STATE sewic one month in advance to CITY, as construction of PROJE
proceeds.
(9) To consult with CITY on all change orders with an estimat cost of over $50,000 before implementation, except wh necessary for the safety of motorists and/or pedestrians for the protection of property.
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(lo) To provide CITY quarterly reports of actual expenditvrer compared to the monthly advances made by CITY and to provid( updated planned reimbursement schedules. The cash deposi. amounts may be revised based on the updated plannec expenditure schedules. STATE will monitor the actual versu, the planned expenditures monthly to assure that CITY I s advancl deposits pursuant to Section 11, Articles 4 and 5, will alway be sufficient.
Upon completion of PROJECT and all work incidental thereto, t furnish CITY with a detailed statement of the total actua
costs of construction and STATE services for PROJECT including the costs of any contract claims which have bee allowed to the construction contractor. STATE thereafte
shall refund to CITY (promptly after completion of STATE' audit) any amount of CITY'S deposits and down payments STAT is holding after actual costs to be borne by CITY have bee
deducted, or to bill CITY for any additional amount require
to complete CITY'S financial obligations pursuant to thi
Agreement.
(11)
SECTION I1
CITY AGREES:
(1) To bear 100 percent of the total actual construction cost o PROJECT, excluding construction cost of seismic retrofittin
for existing structure, estimated to be $6,489,000, includin the cost of STATE-furnished materials, supplemental work
change orders, contract claims paid to the constructio contractor, and the cost of STATE'S defense of a1 PROJECT-related claims which may be filed by said contractor The actual construction costs of PROJECT shall be determine
after completion of all work and upon final accounting o
costs.
(2) To bear 100 percent of the actual cost of STATE services fo PROJECT, excluding STATE services for seismic retrofit work estimated to be $876,000. Said costs of STATE services shal
include costs of providing personnel resources and thei equipment and all direct and indirect costs (functional an administrative overhead assessment) attributable to such wor applied in accordance with STATE'S standard accountin procedures, except those costs which are determined to b
included in STATE'S oversight responsibility. The actual cos of STATE services for PROJECT shall be determined afte completion of all work and upon final accounting of costs.
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(3) CITY'S initial total obligation for the costs of constmctio and STATE'S services is $7,365,000. This amount is subject t
increase to cover the costs of utility protection, relocatio or removal as provided in Article (12) of Section I11 of thi
reflect costs which differ from the initial estimated tota costs of construction and STATE services. Any increase i total obligation will be subject to the vote of CITY, th certified results of which will be incorporated by referenc into this Agreement without the necessity of a writte amendment.
(4) To deposit with STATE within 20 working days of receipt o billing therefor (which billing will be forwarded 15 day prior to STATE'S bid advertising date of a constructio contract for PROJECT), the amount of $484,700. Said figur 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.
To 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.
CITY shall reimburse STATE for any additional travel expense incurred by STATE for off-site inspection and testin
performed by STATE which is more than 300 air line miles fro both Sacramento and Los Angeles.
(8) STATE'S construction contract claims process will be used i consultation with CITY. CITY shall abide by the outcome o
said process.
Upon completion of work under this Agreement, CITY will assum
maintenance and the expense thereof for any part of PROJEC located outside of current STATE right of way until acceptanc of any such part of PROJECT into the State highway system h
STATE, approval by the Federal Highway Administration, i required, and conveyance of acceptable title to STATE.
Agreement. The total obligation may also be adjusted t
(5)
(6)
(7)
(9)
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(10) Upm completion of the PROJECT construction contract by STATE CITY will assume maintenance and the expense thereof of a1 the landscape work on PROJECT, for a period of twenty one (21 months. Caltrans District 11Landscape Maintenance Provision:
(11/93) are attached to this Agreement and incorporated herei: by reference as Exhibit rlB1l.
(11) 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 o way to perform required landscape maintenance. Permits wil
be issued in accordance with STATE'S standard permi procedures.
SECTION I11
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) All obligations of STATE under the terms of this Agreement ar subject to the appropriation of resources by the Legislatur
and the allocation of resources by California Transportatio Commission.
(2) Should any portion of PROJECT be financed with Federal fund or State gas tax funds, all applicable laws, rules an 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 Bushes Enterprise (MBE, WBE and DVBE) will be included in th construction contract. The contract goals will be based on technical analysis of contract items and certifie
MBE/WBE/DVBE subcontractors in the area. STATE will awar PROJECT to the lowest responsible bidder who meets the goal or who made, in the sole judgment of STATE, a good fait
effort to do so.
STATE shall not advertise for bids to construct PROJECT unti after this Agreement is executed by both parties theretc STATE shall also not advertise for bids to construct PROJEC until CITY delivers to STATE control and/or possession t
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 ar paid by CITY.
(3)
(4)
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(5) STATE shall not award a contract tch construct PROJECT unti after receipt of CITY'S deposit required in Article (4) o Section 11.
If, after opening 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 immediate1
after opening of bids, STATE and CITY may conduct a join
review of the bid item prices if so requested by CITY.
(7) If CITY does not agree with the aforementioned bid ite prices, CITY may terminate this Agreement within 25 days o
the opening of bids pursuant to the provisions of Article (9 of this Section 111.
(8) If upon opening of bids for PROJECT, it is found that a cos 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, thi Agreement shall be deemed to be terminated by mutual consen pursuant to Article (10) of this Section 111.
Prior to advertising of bids of the construction contract fo 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 b STATE, under terms of this Agreement.
(10) If termination of this Agreement is by mutual consent, CIT
will bear 100 percent of all PROJECT related costs, excludir costs related to seismic retrofitting, incurred by STA'I
pursuant to this Agreement.
(11) After award of the construction contract for PROJECT, shoul CITY, after a request by STATE, not authorize funding beyor the amounts stated in Articles (1) I (2) I (3) and (5) c
Section I1 above, STATE shall insure that all operatir
roadways are in a safe and satisfactory permanent operatir condition and then shall cease work on PROJECT. Additione costs incurred in excess of payments made will be billed ar subject to payment by CITY within thirty (30) days or STATE acting through the State Controller, may withhold an ecpz
amount from future apportionments due CITY from the Highwz User Tax Fund.
(12) If, during PROJECT construction, any unforeseen conflict wit
existing public and/or private utilities occur, or there is significant change required in any approved utility relocatic plan, then the provisions of STATE'S current Standai Specifications Section 8-1.10 (Utilities and Non-Highwr
Facilities) shall apply.
(6)
(9)
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(13) In the construction of PRO';ECT, CITY may, at no cost to STATE furnish a representative, if it so desires. Sai representative and STATE'S Engineer will cooperate and consul with each other, but the decisions of STATE'S Residen Engineer shall prevail as final, binding and conclusive in a1 matters concerning the PROJECT construction contract.
(14) If any unforeseen potential hazardous waste sites ar encountered during construction of PROJECT, STATE and CIT
shall meet and confer on a course of action. Th responsibilities and costs for any action shall be covered h amendment to this Agreement.
(15) Upon completion and acceptance of the PROJECT constructic
contract by STATE, STATE will accept control of and maintain at its own cost and expense, those portions of PROJECT lyin within STATE'S right of way, except local roads delegated t CITY for maintenance.
(16) CITY will accept control and maintain, at its own cost an expense, the portions of PROJECT lying outside the STATE' right of way. Also, CITY will maintain, at CITY expense local roads within STATE'S right of way delegated to CITY fc
maintenance.
(17) 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, STAT will perform or cause to be performed sufficient maintenanc to preserve the landscaping; the cost of which shall be pai by CITY within ninety (90) days of billing,
(18) STATE will maintain the traffic control signal system ar safety lighting as installed at the ramp terimini and at tk intersections of Poinsettia Lane and Paseo Del Norte/Lowde Lane and the modified existing signal at Avenida Encinas STATE'S share of the maintenance and electrical energy cost
at the ramp termini will be 50% and 0% at Paseo DE Norte/Lowder Lane and Avenida Encinas. CITY shall reimburE STATE for CITY'S proportionate share of the said maintenanc and electrical energy costs at the four locations. CITY' share will be an amount equal to 50% at the ramp termini ar
100% at the intersections of Poinsettia Lane with Paseo DE
Norte/Lowder Lane and Avenida Encinas.
installed and pay 100% of the operation cost.
(19) STATE will operate the traffic control signal system E
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(20) Upon completion of all work under this Agreement, ownershi]
and title to materials, equipment and appurtenances which arc installed within STAFEls right of way will automatically bl vested in STATE, and materials, equipment and appurtenance1 which are installed outside of STATE'S right of way will bl
vested in CITY. No further agreement will be necessary tl transfer ownership as hereinabove stated.
(21) Nothing in the provisions of this Agreement is intended t create duties or obligations to or rights in third parties no
parties to this Agreement or affect the legal liability o either party to the Agreement by imposing any standard of car with respect to the maintenance of State highways differen from the standard of care imposed by law.
(22) Neither STATE nor any officer or employee thereof i 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
that, pursuant to Government Code Section 895.4, CITY shal fully defend, indemnify and save harmless the State o
California, all officers and employees from all claims, suit or actions of every name, kind and description brought for o on account of injury (as defined in Government Code Sectio
810.8) occurring by reason of anything done or omitted to b done by CITY under or in connection with any work, authorit or jurisdiction delegated to CITY under this Agreement.
(23) Neither CITY nor any officer or employee thereof, i responsible for any damage or liability occurring by reason o anything done or omitted to be done by STATE under or i
connection with any work, authority or jurisdiction delegate to STATE under this Agreement. It is understood and agree that, pursuant to Government Code Section 895.4, STATE shal
fully defend, indemnify and save harmless CITY from a1 claims, suits or actions of every name, kind and descriptio
brought for or on account of injury (as defined in Governmen
Code Section 810.8) occurring by reason of anything done o omitted to be done by STATE under or in connection with an work, authority or jurisdiction delegated to STATE under thi Agreement.
(24) No alteration or variation of the terms of this Agreemen shall be valid unless made in writing and signed by th parties hereto and no oral understanding or agreement no incorporated herein shall be binding on any of the partie hereto.
to CITY under this Agreement. It is understood and agree1
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(25) Except as otherwise provided in Articles (9) and (10) of thi Section 111, those portions of Agreement pertaining to th
construction of PROJECT shall terminate upon completion an acceptance of the PROJECT construction contract by STATE, o on December 31, 1997, whichever is earlier in time. However the ownership and maintenance clauses shall remain in effec until terminated or modified in writing, by mutual agreement
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 Is share of costs, or execute a subsequent agreemen
to cover those eventualities.
STATE OF CALIFORNIA
Department of Transportation
JAMES W. VAN LOBEN SELS Director of Transportation
BY Deputy District Director Attest: opb City Clerk
Approved as to Form and Procedure:
Attorney Department of Transportation
Certified as to Funds and Procedure:
District Accounting Administrator
I hereby certify upon my own pe knowledge that budgeted funds available fo the period and purpc payment to &AT stipul tsd in the Agreement / 5/ ,’ G- p cg&
Financial s Mandgkment Direkt or
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TYPE OF CONSTRUCTION
Interchange Improvements Seismic Retrofit
Construction Cost *
Construction Engineering
- +13.5% (SERVICES)
Total Project Cost
CITY STATE TOTAL
FUNDS FUNDS COST
$6,489,000 -- $6,489,000 -- $30,900 30,900
$6,489,000 $30,900 $6 , 519 , 900
$ ,876,000 $ 4,200 $ 880,200
$7,365,000 $35 , 100 $7,400,100
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EXHIBIT I
CALTRANS DISTRICT 11 LANDSCAPE MAINTENANCE PROVISIONS
(11/93 - LFF)
1. DESCRIPTION OF W0RX.--The work to be done consists, ii general, of maintaining highway planting and maintainin(
irrigation systems during the life of this agreement. The
duration of this maintenance period shall be 639 days, tc
commence upon the written approval by the STATE of the Projecl construction.
The CITY will be required to adequately water plants; replacc unsuitable plants; do weed, rodent, and other pest control and perform other work, as determined necessary by thc Engineer, every day during the maintenance period.
Irrigation facilities are to be checked and repaired; backflor preventers are to be tested; plants are to be watered inspected, pruned and replaced; erosion damage and plan1 basins are to be repaired; litter, weeds, rodents and othe:
pests are to be controlled: pesticides and fertilizer are tc be furnished and applied; and other work performed a! determined necessary by STATE.Il
4. All other work and materials that are required, as specifiec in the current State of California, Department o
Transportation Standard Specifications Policy and Proceduri
No. P82-9 REVISED "Planting of Transportation Facilitiestg an(
constructed, installed, repaired and replaced.
In order to carry out the maintaining of highway planting, thl CITY shall furnish sufficient personnel and adequate equipmen to perform the work during the maintenance period.
ORDER OF WORK.--Order of work shall conform to the provision
in Section 5-1.05, "Order of Work,It of the Standarr Specifications and these special provisions.
6a. The first order of work shall be to water the plants and, i
the presence of STATE, inspect the existing irrigatio facilities and existing planting areas as provided i ItExisting Irrigation Facilities", tlExisting Plantingt1, an "Litter Controlt1 elsewhere in these special provisions.
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these special provisions shall be performed, provided, placed
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7. DAMAGE REPAIR. --Attention is directed to Section 7-1.16, "Contractor's Responsibility for the Work and Materials," 01 the Standard Specifications and these special provisions.
7a. Damage to slopes, plants, irrigation systems and other highwal
facilities occurriny as result of rain or vandalism shall be
repaired when directed by STATE. The cost of such repair: will be at CITY expense.
7b. When, as a result of freezing conditions (as defined herein),
plants are so injured or damaged as to render them unsuitablt for the purpose intended, as determined by the Engineer, STAT1 may order the pruning or removal and replacement of some 01 all of the affected plants. The cost of such work will be ai
CITY expense. A freezing condition, for the purpose of thi: specification, occurs when the temperature at or near thc affected area has been determined by the Engineer to have beel officially recorded below 32°F. and plants have been killed 01 damaged to the degree described above.
plants are so injured or damaged as to render them unsuitablc for the purpose intended, as determined by the Engineer, STAT1 may order the pruning or removal of some or all of thc affected plants. The total cost of such work will be at CIT expense. Any restriction or shutoff of available water shal: not relieve CITY from performing other contract work. i drought condition occurs when the Department, or its supplier
restricts or stops delivery of water to CITY to the degrec
that plants died or deteriorated as described above anc adjustment of the watering schedule could not have preventec plant injury or damage. The Contractor may replace removec plants at its expense after the drought condition has ended
7d. Any erosion damage caused by CITY inadequate maintenance o operation of irrigation facilities, as determined by the STAT. shall be repaired by the CITY at their expense.
8. COOPERATION.--Attention is directed to Sections 7-1.14 "Cooperation, #I and 8-1.10, IIUtility and Non-Highwa Facilities, II of the Standard Specifications and these specia
provisions.
8a. Work by STATE forces and other contractors within the limit
of PROJECT may be underway or started during the maintenanc
the STATE forces and other contractors.
7c. When, as a result of drought conditions (as defined herein)
period, CITY shall coordinate its operations with those o
9[2]. MAINTAINING TRAFFIC.--Attention is directed to Section
7-1.08, 'IPublic Convenience, "7-1.09, IIPublic Safety,lI and 12 "Construction Area Traffic Control Devices," of the Standar Specifications and to the Section entitled "Public Safety
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elsewhere in these special provisions, and these specia: provisions. Nothing in these special provisions shall bc
construed as relieving the CITY from its responsibility a: provided in said SecQon 7-1.09.
9a.
9b.
No work that would require a lane closure shall be performed
Personal vehicles of the CITY'S employees shall not be parkec
within the right of way, except personal vehicles used in lie1 of the CITY'S EQUIPMENT. Said vehicles shall be included i the equipment list required in Section 5-1.10, ttEquipment anc Plants," of the Standard Specifications and shall be markec
with permanent or temporary name plates identifying th
contracting parties engaged in the work.
9c. Whenever vehicles or equipment are parked on the shoulde
within 6 feet of a traffic lane, the shoulder area shall b closed with fluorescent traffic cones or portable delineator placed on a taper in advance of the parked vehicles o equipment and along the edge of the pavement at 25-foo
vehicle or piece of equipment. A minimum of 9 cones o portable delineators shall be used for the taper. A C23 (Roa Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounte on a telescoping flag tree with flags. The flag tree shall b placed where directed by the Engineer.
intervals to a point not less than 25 feet past the las
MAINTAINING HIGHWAY PLANTING
10. GENERAL.--The work performed in connection with maintainin highway planting shall conform to the provisions in Sectio
20, "Erosion Control and Highway Planting," of the Standar Specifications and these special provisions.
Attention is directed to the provisions in "Order of Worktg an ftCooperationtt elsewhere in these special provisions.
lob. Maintaining highway planting work shall include, but not b limited to inspecting, checking and repairing irrigatio facilities; testing backflow preventers; inspecting, an
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 th area between the "Beginning and End of Work" stations and th
right of way lines, unless shown otherwise on the plans.
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12. PLANS. --Plans for this project entitled I'Planting ant Irrigationt1 show the limit of work and areas where maintaininc highway planting is to be performed. Plans will be from th( project ll-.is-builttl plans as approved by the .STATE up01
completion of the project construction and, except fo reference made to the plans by these special provisions, ari
for reference only. The irrigation facilities and plantin( shown on the plans may differ from actual field locations an( conditions.
13. EXISTING IRRIGATION FACILITIES.--Existing irrigatio facilities shall include all irrigation on facilitiesthat ar
planting is to be performed as shown on the plans.
irrigation systems shall be inspected initially by the CITY i the presence of STATE for missing or damaged equipment and fo proper operation. Initial inspection shall be complete within 14 days after starting work unless otherwise permitte in writing by the State.
14a. Any deficiencies to the existing irrigation systems foun during the initial inspection shall be repaired or replaced b CITY. Such repairs or replacements shall be completed withi
14 days after initial inspection unless otherwise permitted i writing by STATE and will be paid for by CITY.
located within the limits of work where maintaining highwa
14. INITIAL INSPECTION OF EXISTING IRRIGATION FACILITIES,--A1
15. TESTING BACKFLOW PREVENTERS.--Backflow preventers shall b tested for proper operation by a certified Backflow Prevente Tester.
15a. The tester shall hold a valid certification as a Backflo
Preventer Tester from the county in which the device to b tested is located or, if the county does not have certification program for Backflow Preventer Testers, th tester shall have a certificate from one of the following:
1. The University of Southern California Foundation fo
Cross-Connection Control and Hydraulic Research.
2. The American Water Works Association.
3, A county which has a certificate program for Backflo
Testing for proper operation shall conform to the provision
of the county in which the testing is being performed or, i
such procedures are not available, such tests shall conform t the provisions in the latest edition of the Cross-Connectio Control Procedures and Practices manual, which is availabl from the California Department of Health Services, Sanitar Engineering Branch, Sacramento, CA 95814.
Preventer Testers.
15b.
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15c. Backflow preventers shall be tested initially at the beginninc of the contract and then retested approximately every 1: months thereafter. If more than 6 months have passed sincc
the last testing, the backflow preventers shall be teste( during the last month prior to the completion of establisl
existing planting.
15e. CITY shall notify STATE at least 7 days prior to testinc
15f.
backflow preventers.
One copy of all test results for each backflow preventer shal. be furnished to STATE.
Repair of backflow preventers will be at CITY'S expense.
16. CHECKING, REPAIRING AND OPERATING EXISTING IRRIGATIOI SYSTEMS.--After the initial inspection of the irrigatioi systems, CITY shall be responsible for the routine checking repairing and proper operation of the irrigation system:
throughout the life of the contract. Checking and repairinc of irrigation systems shall include, but not be limited to checking, adjusting and repair or replacement of valves, valvc
valve and filter assembly units, and irrigation controllers Irrigation facilities that malfunction, are damaged, missinc or failed to operate, shall be repaired or, replaced Replacement of sprinklers, risers and swing joints that arc damaged or missing and repair of irrigation controllers tha. malfunction will be at CITY'S expense.
16a. 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 bi at CITY expense.
Any damage to existing irrigation facilities caused by CITY', operations shall be repaired at the expense of CITY.
16c. The irrigation systems shall be operated automaticall
throughout the life of the maintenance period. Manua operation will only be allowed to facilitate such work a plant replacement, fertilization, weed control and irrigatio repair as permitted in writing by the Engineer.
16d. CITY shall set and program the irrigation controllers fo seasonal water requirements. CITY shall clean, adjust an1 replace sprinklers, valves, strainers and filters a necessary. Irrigation systems shall be operated automaticall a minimum of 2 minutes every 2 weeks.
16e. Checking and repairing of irrigation systems shall be mad within 5 days after any malfunction or damage.
15g.
boxes, sprinklers, risers and swing joints, wye strainers
16b.
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16f. Any materials required for the replacement or repair oj irrigation facilities shall be made with new materials 01
comparable quality and shall be reinstalled to the samc standards and criteria as origirally installed, as determinec by STATE.
16g. Within 7 days of the beginning of the maintenance period, within 7 days of the installation of any new irrigatioi controllers, and thirty days prior to end of the maintenance period instructions shall be given to the Engineer by i qualified person from the CITY'S personnel on the use an( adjustment of the irrigation controllers installed.
All irrigation systems shall be in proper operation at tht
time the maintenance work is accepted. Within the last 14
days prior to the end of the maintenance period; al:
irrigation systems shall be checked for proper operation ii
the presence of STATE. Should repairs be necessary, thc repairs shall be made and the systems rechecked.
CITY shall maintain a list of all program schedules for eacl irrigation controller as currently programmed, including day:
and length of watering time for each station and furnish thc State a copy of all program schedules prior to start 0: irrigation.
EXISTING PLANTING.--Existing planting to be maintained shal: include all plants that are located within the limits of worl
shown on plans to be maintained by the CITY.
18. INITIAL INSPECTION OF EXISTING PLANTING AREAS.--All existinc planting areas to be maintained shall be inspected initial1
by, CITY in the presence of STATE, for plants that are dead missing, diseased or unhealthy, for proper placement an(
adjustment of plant stakes and ties, for condition of plantinl
basin and proper depth and placement of mulch materials fo. the need of weed control. Determination of the need fo
weeding shall conform to the requirements for "Weed Control elsewhere in these special provisions. Initial inspectioi shall be completed within 14 days after starting work, unlesr otherwise permitted in writing by the State.
18a. Any deficiencies to the existing planting found during th( initial inspection, including the mulching within the limit of the project and the initial control of weeds, shall bi Except fo corrected by CITY as directed by STATE.
replacement of plants, all other corrections to the plantinc areas shall be completed by CITY within 14 days after initia inspection. All correction work, ordered by STATE as a resul
of the initial inspection, will be paid for by CITY.
16h.
16i.
17.
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.- 18b. Plant replacement ordered by STATE as a result of the initia: inspection, shall conform to the provisions in ~~Plani Replacement" elsewhere in these special provisions.
18c. Attention is directed to the section of these specia. provisions entitled "Damage Repair" in regard to erosioi damage.
PLANT REPLACEMENT.--Replacement and planting of plants shal conform to the provisions in Section 20-4.07, "Replacement,
Specifications and these Special Provisions. The spacinl
requirements for replaced plants shall be as shown on thi
plans. If the plant to be replaced is mulched, then th replacement plant shall be remulched as shown on the plans.
A plant shall be replaced when ordered by the Engineer if mor than 50 percent of its foliage is injured or damage, or has growth rate which is less than 50 percent of the most vigorou same species along the right of way in the vicinity of th project as determined by the Engineer.
Unless larger plant sizes are shown on the plans, the size o replacement plants shall be one gallon for shrubs, vines an
Eucalyptus trees, and 5-gallon for other trees. Replacemen plants for ground cover shall be as shown on the plans.
19c. Removed plants shall be disposed of outside of the highwa
right of way as provided in Section 7-1.13, IIDisposal o
Material Outside the Highway Right of Way," of the Standar Specifications.
19d. Replacement planting of plants that are readily availabl nursery stock plants shall be completed within 14 days fro the date of STATE order to replace such plants.
19e. An order to vendors for replacement plants that are no readily available nursery stock plants shall be made by CIT within 7 days from the date of STATE'S order to replace SUC
plants. CITY shall furnish to STATE, within 7 days afte ordering plants, a copy of the order to vendors and statement from the vendors stating, that the order has bee
received and accepted, and the date when the ordered plant will be shipped.
PRUNING.--Plants installed by the PROJECT shall be pruned whe
such horticultural purposes as mitigation for the effects o cold, heat, desiccating winds or pest control. Such ordere pruning will be paid by the CITY. The STATE may prune plant for visibility improvement purposes or plants damaged b
accidental vehicular traffic by others no expense to the CITY
19.
and Section 20-4 e 05, "Planting, I' of the Standarl
19a.
19b.
20. ordered by the STATE or determined necessary by the CITY Eo
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20a. Ground cover plant growth which extends to the edge o
guardrail, walls, fences, trees or shrubs shall be killed 0:
removed 2 feet back of shoulders, sidewalks, curbs or dikes
or 4 feet back of guardrail, walls, fences, trees or shrubs b;
pruning or by pesticides. Ground cover also shall be kep removed from within the basins, including the basin walls, an(
from planting areas within header boards.
Vines next to fences or walls shall be kept tied to the fence, as provided in Section 20-4.05, tlPlantingll, or secured 40 thl
walls in a manner approved by the Engineer.
REPAIRING PLANTING BASINS.--Planting basins shall be keptwel formed and in good repair,. including silt removal and shall b
repaired as often as necessary to provide sufficien containment of water for healthy plant growth. If plants wer mulched prior to basin damage then basin repair shall includ replacing the mulch.
Plant basins may be temporarily modified during the wet seaso
- shoulders, sidewalks, curbs or dikes, or to within 2 feet o
20b.
21,
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21a. to prevent plant and basin damage due to excessive water,
22. WATERING.--Plants shall be keptwatered as provided in Sectio 20.4.06, llWateringtl. All planting to be maintained shall hav water applied at the rate and as frequently as necessary t maintain healthy plant growth and mitigate the effects o cold, heat or desiccating winds, Water conservation i accordance with Caltrans water policies shall be practiced a all times, Excessive use of water resulting in runoff wil not be allowed.
22a. Water for maintaining plants and electrical energy fo
22b. Attention is directed to the provisions in Sectio
7-1.01,1tLaws to be Observed,11 of the Standard Specification concerning water restrictions that may be required by citie
and counties.
irrigation facilities will be furnished by CITY.
22c. Precautions shall be taken to prevent water from wettin
22d. If reclaimed water is used, watering shall comply with Stat
22e. Hours of watering may require adjusting normal working hour
due to inadequate water supply and to prevent wind drift o overspray onto the traveled way and adjacent properties.
adjacent properties, vehicles, pedestrians, and pavement,
of California and local health code requirements.
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.. . 22f. Attention is directed to the provisions in "Damage Repair" foi drought conditions and "Existing Irrigation Facilities" foi
provisicms.
FERTILIZING.--Two applications of commercial fertilizer shal: be applied by CITY to trees, shrubs, vines and qround cowl
during each 12-month period of this agreement when directec each by STATE. Additional commercial fertilizer application!
requested by CITY and approved or ordered by STATE may be madc within a 12-month period. All applications of fertilizerwil.
be paid for by the CITY. The frequency of applicating may bc modified when directed by the Engineer based in part on ( minimum of 2 soil tests performed as directed by the Enginee:
and paid for by the Contractor.
at the time of replacement.
Commercial fertilizer shall conform to the requirements of thc California Food and Agricultural Code, shall be in pelleted o granular form, and shall have a minimum guaranteed chemica analysis of 12 percent nitrogen, 8 percent phosphoric acid anc
8 percent water soluble potash.
Commercial fertilizer shall be applied at the rate recommendec by the manufacturer with a maximum rate of 1/4 pound for eacl tree, shrub, groundcover and vine and at the rate of 15 pound,
per 1,000 square feet for ground cover areas per application
23d. Commercial fertilizer applied to ground cover areas shall bi spread with a mechanical spreader whenever possible.
23e. Immediately following each application, commercial fertilize
24. CONTROLLING WEEDS, RODENTS AND OTHER PESTS.--Controllin weeds, rodents and other pests shall be performed as often a
necessary to maintain the areas specified below in a neat an uniform condition throughout the life of the contract.
WEED CONTROL.--Weed control shall consist of killing weeds o limiting the height or length of weeds. Basins and basi
walls shall be kept free of weeds.
25a. A weed is any undesirable plant as determined by the Engineer
25b. Weeds shall be controlled as specified in the specia
provisions and as directed by the Engineer in the followin areas:
4 malfunction of irrigation systems elsewhere in these specia:
23.
23a. Commercial fertilizer shall be applied to replacement plant.
23b.
23c.
shall be watered into the soil.
25.
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* 25bl. Within ground cover areas and within the areas extendin<
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 +.he plans.
25b2. Within an area 6 feet in diameter centered at each plan1 location outside of ground cover areas.
25b3. Within asphalt concrete and portland cement concrete surface(
areas shown on the plans.
25c. Attention is directed to the section of these specia: provisions entitled "Existing Planting" in regard to initia: inspection of areas in need of weed control.
25d. Killing weeds shall be performed by hand, with the use 0: pesticides, or by any other method approved by Engineer.
25dl. Where weeds are to be pulled by hand they shall be pullec
before they reach the seed stage of growth or exceed 4 inche: in length and disposed of outside the highway right of way, a: provided in Section 7-1.13, on the same day in which they arc pulled.
Limiting the height or length of weeds may be done by mowing
mechanical whipping before weeds reach seed stage or by use 0:
growth regulators,
Weeds killed by hand shall be removed and disposed of outsidc the highway right of way as provided in Section 7-1.13 of thc Standard Specifications.
25d4. Where pesticides are used to control weeds, weeds shall bl killed before they reach the seed stage of growth or exceed inches in length.
Weeds shall be killed within ground cover areas and within thl
areas extending beyond the outer limits of such ground cove areas to the adjacent edges of shoulders, dikes, curbs
sidewalks, walls and fences.
25626. Weeds shall be killed within an area 6 feet in diamete
centered at each plant location and within 4 feet of a1 fences and pavement outside of ground cover areas.
25112.
25d3.
25d5.
26d7. Where weeds are not required to be killed, weeds shall b
26d8. Mowing shall not be performed on slopes 3:l or steeper.
controlled by mowing or controlled by growth regulators.
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26d9. When weeds are to be controlled by mowing, the areas to bl mowed shall be mowed a minimum of 2 times per year whe
directed by STATE.
1
26d10. Areas to be mowed shall be mowed when weed height exceeds 1 inches and shall be mowed to 6 inches or less in height.
26dll. If growth regulators are used for weed control they shall b
applied before weeds exceed 12 inches in height.
26d12. Disposal of mowed material will not be required, unles ordered by STATE. Disposal of mowed material, as ordered b
STATE will be paid for the CITY.
26d13. Dead weed growth which, in the opinion of the Engineer, wil interfere with subsequent maintenance of highway planting o
become unsightly shall be removed and disposed of outside th highway right of way as provided to Section 7-1.13.
26d14, A preemergent pesticide to control weeds, as provided i
"Pesticides" elsewhere in these special provisions, shall b applied to all ground cover areas within the last 3 to
months prior to the end of the maintenance period.
27. RODENT AND PEST CONTROL.--Rodents and other pests shall b controlled to prevent damage to irrigation facilities an plants during the life of the contract. Attention is directe to the provisions in Section 7-1.01H, TJse of Pesticides," o the Standard Specifications. Pesticides used to contro rodents and other pests shall be approved by STATE prior t
application.
PESTICIDES FOR WEED CONTROL.--Pesticides used to control weed
shall conform to the provisions in Section 20.4.026, in thi section, pesticide use shall be limited to the followin materials:
28.
Glyphasate Diquate
Cacodylic Acid Fluazif op Oxadiazon - 50 percent WP (Preemergent) Oryzalin (Preemergent) Diphenamid (Preemergent)
Trifluralin (Preemergent) Ammonium Sulfate Chlorflurecol-Methyl (Growth regulator) Melfluidide (Growth regulator)
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28a. CITY may request the use of other pesticides. The writtei
CITY to STATE. Such other pesticides shall not be used 0: applied until CITC has received written confirmation of +.hc STATE'S review for their use from STATE.
Growth regulators shall not be applied within 6 feet of trees shrubs or vines.
28c. Replacement plants shall be planted at least 30 days anc irrigated prior to the application of oxadiazion, oryzalin
diphenamid or trifluralin.
Ammonium sulfate shall be used only in areas with Carpobrotu, or Delosperma.
oxadiazon, oryzalin, diphenamid or trifluralin.
.-
d request for the use of other pesticides shall be submitted b]
28b.
28d.
28e. A minimum of 100 days shall elapse between applications o
29. LITTER CONTROL.--Litter shall include trash and debris.
29a. Litter as determined by the engineer which is generated b CITY'S operations within the limits of work shall be remove(
and disposed of outside the highway right of way as provide( in Section 7-1.13 of the Standard Specifications. Litte generated by CITY operations shall be removed daily at thl CITY'S expense. Liter, except from CITY'S operations, will bl
removed by STATE forces.
Removal of litter shall be performed as often as necessary t 29b. present a neat and clean Condition at all times,
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, December 21, 1993
TO: CITY CLERK
FROM: Rita Zeigler, Engineering
Lee, please have the attached agreements executed and forward them as stated In the cove
letter. Also, please let us know when the agreements has been executed and forwarded.
Thank you for your help.
n- 4 Rita 6p 1 - -'-- yJ --- && //
F
J
3 : 4 /y C' -y ' /I
d;7Q J/ . t. -/ ;
/-- r, (< / ,-FA" /yL///JdJV I' i' /dl'
" STATE OF CALIFORNIA - BUSINESS, TRA a PORTATION AND HOUSING AGENCY 0 PETE WILSON
DEPARTMENT OF TRANSPORTATION
DISTRICT 11, P.O. BOX 85406, SAN DIEGO 92186-5406
(619> 688-6424 TDD Nunber
(619) 688-3396
November 22, 1993 =CEWD
11-SD-5
11222-167841
NOV 23 1993 R44.8/R46.2
ENGINEER~NG Agreement No. 11-04 DEPARTMENT Poinsettia Lane
Mr. Marty Orenyak Community Development Director
City of Carlsbad
2075 Las Palmas Carlsbad, CA 92009
Attention: Mr. Lloyd Hubbs
Dear Mr. Orenyak:
Enclosed are three (3) originals and one (1) copy of proposed Cooperative Agreement No. 11-0469, with the the City of
Carlsbad to construct State Highway improvements on Route 5 at Poinsettia Lane.
If the agreement is acceptable as written, please arrange
In order to keel
for it to be executed. Return the three (3) signed original
agreements with certified copies of the resolution, authorizing the agreement and signature, attached to each. this project on schedule, we would appreciate having these
documents executed and returned to us before December 20, 1993.
Upon execution by the State, we will return one (1)
original, and as many conformed copies as you request.
If you have any questions, please contact Jim Roy at
(619) 688-3210, or Edmund R. Kennedy, Cooperative Agreements Coordinator, at (619) 688-6792.
Sincerely,
/6zd2& PAMELA R. KLOS Project Manager Project Services
Enclosure