HomeMy WebLinkAbout1994-11-15; City Council; 12932; POINSETTIA LANE AND INTERSTATE 5 INTERCHANGE CONSTRUCTION AGREEMENT AMENDMENT1
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WY OF CARLSBAD - AGW A BILL dr,
AB# 1~~~32. -TITLE: POINSETTIA LANE AND DEPT.
MTG. 11/15/94 INTERSTATE 5 INTERCHANGE CITY A
CITY M DEPT. ENG
RECOMMENDED ACTION:
CONSTRUCTION AGREEMENT AMENDMENT
Adopt Resolution No. 9 Y--?/o approving Agreement No. 1 1 -0469/A1 pro\
supplemental funding for the construction of the Poinsettia Lane and lntersti
Interchange Widening Project by Caltrans.
ITEM EXPLANATION:
As a part of the State of California’s incentives for the LEG0 Family Park, it was agree1
CALTRANS would participate in the construction of ramp meter systems for the Poin
Lane and La Costa Avenue/l-5 Interchanges in the amount of approximately $50C
Funds thereby relieved from the City’s financial obligation would be redirected t Cannon Road/l-5 Interchange project to offset any City obligations to that project.
The subject agreement, implements, in part, this agreement by allocating $233,920 I construction of the Poinsettia Lane/ld project for the ramp metering system.
The remaining obligation will be incorporated into the La Costa Avenue/l-5 Interct- Project agreement when it comes forward in the near future.
FISCAL IMPACT:
The agreement will reduce the City’s obligation to the Poinsettia Lane/l6 Interchan!
$233,920 freeing funds for assignment to the Cannon Road/l-5 Interchange in the fi
EXHIBITS:
1. Resolution No. 9 Y--3/O approving Agreement No. 1 1 -0469/A1 providing fc
construction of the Poinsettia Lane and Interstate 5 Interchange Widening Projc
Caltrans supplemental funding.
2. Agreement No. 1 1 -0469/A1.
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EXHIBI 0 m
RESOLUTION NO. 9 4 - 3 10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CAUFORNIA, APPROVING COOPERATIVE AGREEMENT NO. 1 1 -0469/A1
WITH CALTRANS PROVIDING SUPPLEMENTAL FUNDING FOR THE
CONSTRUCTION OF THE POINSETTIA LANE AND INTERSTATE 5
INTERCHANGE, PROJECT NO. 3269
WHEREAS, the City Council of the City of Carlsbad has determined it I
desirable, and in the public interest to construct the improvements to the Poinsettia
Interstate 5 Interchange, Project No. 3269; and,
WHEREAS, the State Trade and Commerce Commission has found it in the bc
of the State of California to assist in funding of the Poinsettia Lanell-5 Interchange tc
City to reallocate funds towards the costs of the WCannon Road Interchange; and,
WHEREAS, a cooperative agreement to provide supplemental funding to saic
submitted herewith.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
California, as follows:
1. That the above recitations are true and correct.
2. That Cooperative Agreement No. 114469/A1 with the California Dep
Transportation for the construction of the Poinsettia Lane and Interstate 5 lnterchan
No. 3269, is hereby approved and the Mayor is hereby authorized and directed to ex
agreement. That following the Mayor's signature of said agM?IentS, Copies Shall be
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to the California Department of Transportation, attention:
San Diego, California, 92186-5406, for final execution by the State.
Edward L Hall, P.6. Box
PASSED, APPROVED AND ADOPTED at 8 regular meeting of the Carlsbad City
held on the 15th day of NOVEMBER , 1994 by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
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i 11-SD-5
R44.8/R46.2 11222-167841
District Agreement No. 11-0
Poinsettia Lane Amendment
AMENDMENT TO AGREEMENT
THIS AGREEMENT, ENTERED INTO ON is between th STATE OF CALIFORNIA, acting by and through its Department o Transportation, referred to herein as STATE, and
CITY OF CARLSBAD, a body politic an a municipal corporation of the Stat
of California, referred to herein a
\\ CITY" .
RECITALS
1. The parties hereto entered into an Agreement (Documer
No. 9163 and District Agreement Number 11-0469) on January 11 1994, said Agreement defining the terms and conditions of project to develop and implement State Highway improvement consisting of widening the overcrossing and approaches signalizing the ramp termini and adjacent stref
intersections, widening the ramps, adding auxiliary ar
acceleration lanes, and metering the entrance ramps on Route at Poinsettia Lane, referred to herein as "PROJECT",
2. Said Agreement made CITY 100% responsible for costs c
PROJECT, except for costs of oversight which will be borne 1 STATE in accordance with the provisions of Policy ai Procedure Memorandum No. P90-01.
STATE has been directed, by the California Trade and Commerc Agency (See exhibit 1 of Attachment l), to allow CITY ' reallocate funds towards the costs of the I-5/Cannon Ro< Interchange improvements. STATE is now obligated to pay fc certain construction work that CITY was to pay for.
3.
IT IS THEREFORE MUTUALLY AGREED:
1. That Article 3a is added to Section I of the origin
Agreement to read: At no cost to CITY, to provide two Ra
861102); provide forty percent (40%) of the Asphalt Concre (Type B) (Special Provisions item 390160); and sixty perce
(60%) of the Asphalt Concrete Base (Type B) (Speci Provisions item 390172). The asphalt concrete and aspha
concrete base are associated with the ramp meter systems. T value of these items are $233,920.
Meter Systems (Special Provisions item numbers 861101 a
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11-0469/2
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2. Article 20a is added to Section I11 of the original Agreemer to read: The Agreement Report (Attachment 1) is attache
hereto and made a part of this Amendment to Agreement by th:
reference.
3. The other terms and conditions of said Agreement (Documei
4. This Amendment to Agreement is hereby deemed to be a part (
No. 9163) shall remain in full force and effect.
Document No. 9163.
STATE OF CALIFORNIA CITY OF CARLSBAD Department of Transportation
JAMES W. VAN LOBEN SELS
Director of Transportation
BY BY Deputy District Director Mayor
Approved as to form and procedure: Approved as to form and proce
Attorney Attorney
Department of Transportation
Certified as to procedure: I hereby certify upon my own p knowledge that budgeted funds available for the period and Accounting Administrator of payment to STATE stipulate
the above Agreement:
Certified as to Funds:
District Resource Manager Financial Management Directoi
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11-SD
R4 4.8/R4 6
11222-1678
Agreement No. 11-04 Poinsettia La
COOPERATIVE AGREEMENT
//, /5?/ is between t THIS AGREEMENT, ENTERED INTO ON
STATE OF CALIFORNIA, acting oudh its Department Transportation, referred to he
CITY OF CARLSBAD, a bc
politic and a municiE corporation of the STATE
California, referred to herc as "CITY"
963
RECITALS
(1) STATE and CITY contemplate constructing State High1
improvements consisting of widening the overcrossing i
approaches, signalizing the ramp termini and adjacent strc intersections, widening the ramps, adding auxiliary ( acceleration lanes, and metering the entrance ramps on Roi
5 at Poinsettia Lane, referred to herein as 3tPROJECT?t.
(2) STATE is authorized to do all acts necessary, convenient proper for the construction or improvement of all highw under its jurisdiction, possession or control.
(3) CITY is authorized to plan, design, acquire right of way
construct projects on the State Highway System.
(4) STATE and CITY do mutually desire to jointly participate the construction of PROJECT and desire to specify herein
terms and conditions under which PROJECT is to be construct financed and maintained.
(5) The purchase of right of way, the handling of uti1
relocation, and preliminary and design engineering for PROJ
have been subjects of a separate prior Cooperative Agreeme
(6) An Amendment, A/1, to the design Cooperative Agreement,
11-0429, for PROJECT to include seismic retrofitting of
existing structure was executed on June 24, 1992. STATE P bear the entire expense for retrofit work.
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11-04E
SECTION I
STATE AGREES:
(1) To provide all labor, materials, tools and equipment fc
administration, Resident Engineer, Bridge Representativl material source inspection, independent assurance a:
specialty testing, inspection staff and such othl
construction engineering as may be required for satisfacto completion of PROJECT.
(2) At no cost to CITY, to provide those STATE services includ in STATE'S oversight responsibility for construction PROJECT in accordance with the provisions of STATE'S Poli and Procedure Memorandum No. P90-01.
PROJECT f including advertising, award I contra!
(3) To pay all costs incurred to install seismic retrofitting existing structures.
(4) To construct PROJECT by contract in accordance with plans a specifications prepared by CITY and approved by STATE.
(5) To issue, at no cost to CITY or its contractor, upon proF written application by CITY or its contractor, an encroachme permit authorizing entry onto STATE'S right of way to perfc
required landscape maintenance.
To establish separate PROJECT accounts to accumulate charc for all costs to be paid for by CITY pursuant to ti
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 represent CITY'S initial deposit for two months estimated c( of STATE services and for one month estimated construct: cost.
(6)
(8) Thereafter, to prepare and submit monthly billing statemei
for estimated expenditures for construction and STATE servic one month in advance to CITY, as construction of PROJ' proceeds.
(9) To consult with CITY on all change orders with an estima
necessary for the safety of motorists and/or pedestrians
for the protection of property.
cost of over $50,000 before implementation, except w
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- (10) To provide CITY quarterly reports of actual expenditui compared to the monthly advances made by CITY and to provj
updated planned reimbursement schedules. The cash depos
* amounts may be revised based on the updated planr expenditure schedules. STATE will monitor the actual ver: the planned expenditures monthly to assure that CITY Is advai deposits pursuant to Section 11, Articles 4 and 5, will alw;
be sufficient.
Upon completion of PROJECT and all work incidental thereto,
furnish CITY with a detailed statement of the total act1 costs of construction and STATE services for PROJEi including the costs of any contract claims which have b( allowed to the construction contractor. STATE thereaf. shall refund to CITY (promptly after completion of STAT'
audit) any amount of CITY'S deposits and down payments ST,
is holding after actual costs to be borne by CITY have b deducted, or to bill CITY for any additional amount requi to complete CITY'S financial obligations pursuant to t Agreement.
(11)
SECTION I1
CITY AGREES:
(1) To bear 100 percent of the total actual construction cost PROJECT, excluding construction cost of seismic retrofitt for existing structure, estimated to be $6,489,000, includ the cost of STATE-furnished materials, supplemental wc change orders, contract claims paid to the construct contractor, and the cost of STATE'S defense of
PROJECT-related claims which may be filed by said contract The actual construction costs of PROJECT shall be determi after completion of all work and upon final accounting costs.
(2) To bear 100 percent of the actual cost of STATE services PROJECT, excluding STATE services for seismic retrofit wc
estimated to be $876,000. Said costs of STATE services sf include costs of providing personnel resources and tl equipment and all direct and indirect costs (functional administrative overhead assessment) attributable to such F applied in accordance with STATE'S standard account procedures, except those costs which are determined to included in STATE'S oversight responsibility. The actual ( of STATE services for PROJECT shall be determined aj
completion of all work and upon final accounting of cost:
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(3) CITY'S initial total obligation for the costs of constructi and STATE'S services is $7,365,000. This amount is subject increase to cover the costs of utility protection, relocati
or removal as provided in Article (12) of Section I11 of th . Agreement. The total obligation may also be adjusted 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 referer into this Agreement without the necessity of a writt amendment.
(4) To deposit with STATE within 20 working days of receipt billing therefor (which billing will be forwarded 15 dz prior to STATE'S bid advertising date of a constructj
contract for PROJECT) , the amount of $484,700. Said fiq
estimated cost of STATE services and one month estimal construction cost for PROJECT, as shown on Exhibit 1 attached and made a part of this Agreement.
To deposit with STATE not later than 10 working days preced the beginning of each month, the estimated expenditures that month and to continue making such advance deposits 0: monthly basis until PROJECT completion.
To pay STATE upon completion of all work and within 25 work days of receipt of a detailed statement made upon fi
accounting of costs therefor, any amount over and above aforementioned deposits and payments required to compl CITY'S financial obligation pursuant to this Agreement.
CITY shall reimburse STATE for any additional travel expen
performed by STATE which is more than 300 air line miles f both Sacramento and Los Angeles.
STATE'S construction contract claims process will be used consultation with CITY. CITY shall abide by the outcome said process.
Upon completion of work under this Agreement, CITY will as: maintenance and the expense thereof for any part of PRO: located outside of current STATE right of way until accept; of any such part of PROJECT into the State highway syster STATE, approval by the Federal Highway Administration,
required, and conveyance of acceptable title to STATE.
represents the estimated initial deposit for two mod
(5)
(6)
(7) incurred by STATE for off-site inspection and test
(8)
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(10) Upon completion of the PROJECT construction contract by STAT
CITY will assume maintenance and the expense thereof of 2
the landscape work on PROJECT, for a period of twenty one (2 months. Caltrans District 11 Landscape Maintenance Provisic
(11/93) are attached to this Agreement and incorporated her< by reference as Exhibit llB1l.
(11) To make written application to STATE or to have CITl contractor make written application to STATE for necessi
encroachment permits authorizing entry onto STATE'S right way to perform required landscape maintenance. Permits w. be issued in accordance with STATE'S standard pen
procedures.
SECTION 111
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) All obligations of STATE under the terms of this Agreement
subject to the appropriation of resources by the Legislat and the allocation of resources by California Transportat Commission,
Should any portion of PROJECT be financed with Federal fu
or State gas tax funds, all applicable laws, rules policies relating to the use of such funds shall ap notwithstanding other provisions of this Agreement.
STATE'S goals for utilization of Minority and Women's Busin Enterprise (MBE, WBE and DVBE) will be included in construction contract, The contract goals will be based c technical analysis of contract items and certif MBE/WBE/DVBE subcontractors in the area. STATE will aw PROJECT to the lowest responsible bidder who meets the gc
or who made, in the sole judgment of STATE, a good fa effort to do so.
STATE shall not advertise for bids to construct PROJECT ur after this Agreement is executed by both parties there STATE shall also not advertise for bids to construct PROJ
until CITY delivers to STATE control and/or possession rights of way, free and clear of all encumbrances detrimer
to STATE'S present and future uses at a time of CI'J
certification of rights of way ready for construct: Acceptance of said title by STATE is subject to a review ( Policy of Title Insurance in STATE'S name to be provided paid by CITY.
(2)
(3)
(4)
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(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 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 joir review of the bid item prices if so requested by CITY.
(7) If CITY does not agree with the aforementioned bid itr
prices, CITY may terminate this Agreement within 25 days ( the opening of bids pursuant to the provisions of Article (! of this Section 111.
If upon opening of bids for PROJECT, it is found that a cos overrun exceeding 10% of the Engineer's Estimate will occui STATE and CITY shall consult upon a course of action. I: after 15 days, a course of action is not agreed upon, th. Agreement shall be deemed to be terminated by mutual consei pursuant to Article (10) of this Section SII.
Prior to advertising of bids of the construction contract f PROJECT, CITY may terminate this Agreement, in writin
provided that CITY pays STATE for all PROJECT related cost
excluding costs related to seismic retrofitting, incurred STATE, under terms of this Agreement.
If termination of this Agreement is by mutual consent, CI will bear 100 percent of all PROJECT related costs, excludi costs related to seismic retrofitting, incurred by STF pursuant to this Agreement.
After award of the construction contract for PROJECT, shoL CITY, after a request by STATE, not authorize funding beyc the amounts stated in Articles (l), (21, (3) and (5) Section I1 above, STATE shall insure that all operati roadways are in a safe and satisfactory permanent operati
condition and then shall cease work on PROJECT. Additior costs incurred in excess of payments made will be billed E subject to payment by CITY within thirty (30) days or STAl acting through the State Controller, may withhold an eq amount from future apportionments due CITY from the High\ User Tax Fund.
If, during PROJECT construction, any unforeseen conflict w
existing public and/or private utilities occur, or there i significant change required in any approved utility relocat plan, then the provisions of STATE'S current Stand Specifications Section 8-1.10 (Utilities and Non-High Facilities) shall apply.
(6)
(8)
(9)
(10)
(11)
(12)
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(13) In the construction of PROJECTf 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 Resider Engineer shall prevail as final, binding and conclusive in a1 matters concerning the PROJECT construction contract.
(14) If any unforeseen potential hazardous waste sites ai encountered during construction of PROJECT , STATE and CIr TI shall meet and confer on a course of action.
responsibilities and costs for any action shall be covered I amendment to this Agreement.
Upon completion and acceptance of the PROJECT constructi contract by STATE, STATE will accept control of and maintaii at its own cost and expense, those portions of PROJECT lyi; within STATE'S right of way, except local roads delegated. CITY for maintenance.
CITY will accept control and maintain, at its own cost a expense, the portions of PROJECT lying outside the STATE
right. of way. Also, CITY will maintain, at CITY expens local roads within STATE'S right of way delegated to CITY f maintenance.
If CITY fails to maintain said landscaping, per Section I Article 9, STATE shall give CITY written notice thereof.
CITY fails to maintain said landscaping within thirty (1 days from receipt of written notice thereof from STATE, ST1 will perform or cause to be performed sufficient maintenai
to preserve the landscaping; the cost of which shall be p;
by CITY within ninety (90) days of billing.
STATE will maintain the traffic control signal system ,
safety lighting as installed at the ramp terimini and at
intersections of Poinsettia Lane and Paseo Del Norte/Lowc Lane and the modified existing signal at Avenida Encini STATE'S share of the maintenance and electrical energy GO:
at the ramp termini will be 50% and 0% at Paseo
Norte/Lowder Lane and Avenida Encinas. CITY shall reimbu STATE for CITY'S proportionate share of the said maintena
and electrical energy costs at the four locations. CIT share will be an amount equal to 50% at the ramp termini
100% at the intersections of Poinsettia Lane with Paseo Norte/Lowder Lane and Avenida Encinas.
installed and pay 100% of the operation cost.
(15)
(16)
(17)
(18)
(19) STATE will operate the traffic control signal system
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(20) Upon completion of all work under this Agreement, ownersh and title to materials, equipment and appurtenances which a installed within STATE'S right of way will automatically : vested in STATE, and materials, equipment and appurtenanc
which are installed outside of STATE'S right of way will vested in CITY. No further agreement will be necessary
transfer ownership as hereinabove stated.
(21) Nothing in the provisions of this Agreement is intended create duties or obligations to or rights in third parties n parties to this Agreement or affect the legal liability either party to the Agreement by imposing any standard of ca with respect to the maintenance of State highways differe
from the standard of care imposed by law.
responsible for any damage or liability occurring by reason
anything done or omitted to be done by CITY under or connection with any work, authority or jurisdiction delegat to CITY under this Agreement. It is understood and agre
that, pursuant to Government Code Section 895.4, CITY shc fully defend, indemnify and save harmless the State California, all officers and employees from all claims, sui or actions of every name, kind and description brought for on account of injury (as defined in Government Code Sectj
810.8) occurring by reason of anything done or omitted to
done by CITY under or in connection with any work, author:
or jurisdiction delegated to CITY under this Agreement.
(23) Neither CITY nor any officer or employee thereof, responsible for any damage or liability occurring by reason anything done or omitted to be done by STATE under or connection with any work, authority or jurisdiction delegal to STATE under this Agreement. It is understood and agrc
that, pursuant to Government Code Section 895.4, STATE shi
fully defend, indemnify and save harmless CITY from claims, suits or actions of every name, kind and descript brought for or on account of injury (as defined in Governm
Code Section 810.8) occurring by reason of anything done omitted to be done by STATE under or in connection with
work, authority or jurisdiction delegated to STATE under t Agreement.
(24) No alteration or variation of the terms of this Agreem shall be valid unless made in writing and signed by parties hereto and no oral understanding or agreement incorporated herein shall be binding on any of the part hereto.
(22) Neither STATE nor any officer or employee thereof
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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 * s governing body budgeting sufficient funds t
cover CITY I s share of costs, or execute a subsequent agreemer to cover those eventualities.
STATE OF CALIFORNIA Department of Transportation
JAMES W. VAN LOBEN SELS
Director of Transportation
Byfi City Clerk
Approved as to Form and Procedure:
Dep y District Director Attest; l2LzLBh
C rtified as to Funds and Procedure:
District Accounting Administrator J,!mdl 0 RIA;(
I hereby certify upon my own ]
knowledge that budgeted fun
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Q Financial /:\p Yanaeeaent I’ ;-: Pirector
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CITY STATE
TYPE OF CONSTRUCTION FUNDS FUNDS
Interchange Improvements $6,489,000 --
$30,900 Seismic Retrofit
Construction Cost * $6,489,000 $30 , 900
Construction Engineering - +13.5% (SERVICES) $ ,876,000 $ 4,200
--
Total Project Cost $7,365,000 $35,100
TOTAL COST
$6,48g,ooa
30,9Oc
$6 , 519,9OC
$ 880,20(
$7,400, IO(
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EXHIBIT
CALTrZANS DISTRICT 11 LANDSCAPE MAINTENANCE PROVISIONS
(11/93 - LFF)
1. DESCRIPTION OF WORK.--The work to be done consists, : general, of maintaining highway planting and maintainii irrigation systems during the life of this agreement, TI duration of this maintenance period shall be 639 days, I commence upon the written approval by the STATE of the Projec construction.
The CITY will be required to adequately water plants; repla(
unsuitable plants: do weed, rodent, and other pest contro and perform other work, as determined necessary by t:
Engineer, every day during the maintenance period.
Irrigation facilities are to be checked and repaired; backfl preventers are to be tested: plants are to be watere inspected, pruned and replaced: erosion damage and pla basins are to be repaired; litter, weeds, rodents and 0th pests are to be controlled; pesticides and fertilizer are be furnished and applied; and other work performed determined necessary by STATE."
4. All other work and materials that are required, as specifi in the current State of California, Department Transportation Standard Specifications Policy and Procedu
No. P82-4 REVISED lfPlanting of Transportation Facilities'# a
these special provisions shall be performed, provided, place constructed, installed, repaired and replaced.
In order to carry out the maintaining of highway planting, t CITY shall furnish sufficient personnel and adequate equipme
to perform the work during the maintenance period.
ORDER OF W0RX.--Order of work shall conform to the provisic in Section 5-1.05, '#Order of Work,11 of the Stand;
Specifications and these special provisions.
The first order of work shall be to water the plants and,
the presence of STATE, inspect the existing irrigat:
facilities and existing planting areas as provided l*Existing Irrigation Facilities", 8fXxisting Planting", i "Litter Control1' elsewhere in these special provisions.
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7. DAMAGE REPAIR.--Attention is directed to Section 7-1.16,
"Contractor's Responsibility for the Work and Materials," oj the Standard Specifications and these special provisions.
Damage to slopes, plants, irrigation systems and other highwa: facilities occurring as result of rain or vandalism shall bc
repaired when directed by STATE. The cost of such repair, 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 unsuitabl for the purpose intended, as determined by the Engineer, STAT may order the pruning or removal and replacement of some o
CITY expense. A freezing condition, for the purpose of thi specification, occurs when the temperature at or near th affected area has been determined by the Engineer to have bee officially recorded below 32°F. and plants have been killed o 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 unsuitabl
for the purpose intended, as determined by the Engineer, STAl
may order the pruning or removal of some or all of tl affected plants. The total cost of such work will be at CI1
expense. Any restriction or shutoff of available water sha: not relieve CITY from performing other contract work.
drought condition occurs when the Department, or its supplie: restricts or stops delivery of water to CITY to the degrt that plants died or deteriorated as described above ax
adjustment of the watering schedule could not have preventt
plant injury or damage. The Contractor may replace removc plants at its expense after the drought condition has endec
Any erosion damage caused by CITY inadequate maintenance 1 operation of irrigation facilities, as determined by the STA shall be repaired by the CITY at their expense.
8. COOPERATION.--Attention is directed to Sections 7-1.1 llCooperation,ll and 8-1.10, TJtility and Non-Highw Facilities, 11 of the Standard Specifications and these speci provisions.
Work by STATE forces and other contractors within the limj of PROJECT may be underway or started during the maintenar
period. the STATE forces and other contractors.
MAINTAINING TRAFFIC.--Attention is directed to Sectic
7-1.08, "Public Convenience, "7-1.09, IlPublic Safety," and !
lfConstruction Area Traffic Control Devices,I1 of the Stand;
Specifications and to the Section entitled lgPublic Safe1
7a.
* 7b.
all of the affected plants. The cost of such work will be a
7c.
7d.
8a.
CITY shall coordinate its operations with those
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elsewhere in these special provisions, and these specii
provisions. Nothing in these special provisions shall 1 construed as relieving the CITY from its responsibility q provided in said Section 7-1.09.
No work that would require a lane closure shall be performec
Personal vehicles of the CITY'S employees shall not be park
within the right of way, except personal vehicles used in li
of the CITY'S EQUIPMENT. Said vehicles shall be included
the equipment list required in Section 5-1.10, "Equipment a
Plants," of the Standard Specifications and shall be mark with permanent or temporary name plates identifying t
contracting parties engaged in the work.
9c. Whenever vehicles or equipment are parked on the should within 6 feet of a traffic lane, the shoulder area shall
placed on a taper in advance of the parked vehicles equipment and along the edge of the pavement at 25-fc intervals to a point not less than 25 feet past the la vehicle or piece of equipment. A minimum of 9 cones portable delineators shall be used for the taper. A C23 (Rc
Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mount on a telescoping flag tree with flags. The flag tree shall placed where directed by the Engineer.
9a.
9b.
closed with fluorescent traffic cones or portable delineato
MAINTAINING HIGHWAY PLANTING
10. GENERAL.--The work performed in connection with maintain: highway planting shall conform to the provisions in Sect:
20, Vrosion Control and Highway Planting,I1 of the Stand;
Specifications and these special provisions.
loa. Attention is directed to the provisions in "Order of Workff i lfCooperationt1 elsewhere in these special provisions.
lob. Maintaining highway planting work shall include, but not limited to inspecting, checking and repairing irrigat facilities; testing backflow preventers; inspecting, q replacing plants; repairing plant basins; watering plan removing litter; controlling weeds, rodents and other pe and furnishing and applying pesticides and fertilizer.
- 11. LIMIT OF WORK.--The limit of work shall be considered as area between the "Beginning and End of Work" stations and
right of way lines, unless shown otherwise on the plans.
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12. PLANS. --Plans for this project entitled "Planting ar Irrigationv1 show the limit of work and areas where maintainir
project I*as-builtl1 plans as approved by the STATE upc
completion of the project construction and, except fc reference made to the plans by these special provisions, ai for reference only. The irrigation facilities and plantii
shown on the plans may differ from actual field locations ai conditions.
highway planting is to be performed. Plans will be from tZ
13. EXISTING IRRIGATION FACILITIES.--Existing irrigatic facilities shall include all irrigation on facilities that a.
located within the limits of work where maintaining highw( planting is to be performed as shown on the plans.
irrigation systems shall be inspected initially by the CITY the presence of STATE for missing or damaged equipment and f
proper operation. Initial inspection shall be complet within 14 days after starting work unless otherwise permitt
in writing by the State.
14a. Any deficiencies to the existing irrigation systems fou
Such repairs or replacements shall be completed with
14. INITIAL INSPECTION OF EXISTING IRRIGATION FACILITIES.--A
during the initial inspection shall be repaired or replaced CITY.
14 days after initial inspection unless otherwise permitted writing by STATE and will be paid for by CITY.
tested for proper operation by a certified Backflow Prevent Tester.
15a. The tester shall hold a valid certification as a Backfl Preventer Tester from the county in which the device to tested is located or, if the county does not have
certification program for Backflow Preventer Testers, t tester shall have a certificate from one of the following:
1. The University of Southern California Foundation 1
Cross-Connection Control and Hydraulic Research.
15. TESTING BACXFLOW PREVENTERS.--Backflow preventers shall
2. The American Water Works Association.
3. A county which has a certificate program for Backf:
Testing for proper operation shall conform to the provisic of the county in which the testing is being performed or,
such procedures are not available, such tests shall conform
the provisions in the latest edition of the Cross-Connect
Control Procedures and Practices manual, which is availa:
from the California Department of Health Services, Sanit
Engineering Branch, Sacramento, CA 95814.
Preventer Testers.
15b.
4
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15c. Backflow preventers shall be tested initially at the beginn:
of the contract and then retested approximately every months thereafter. If more than 6 months have passed si1
the last testing, the backflow preventers shall be tesl during the last month prior to the completion of establ: existing planting.
15e. CITY shall notify STATE at least 7 days prior to test: backflow preventers,
15f. One copy of all test results for each backflow preventer Shi be furnished to STATE.
Repair of backflow preventers will be at CITY'S expense.
SYSTEMS,--After the initial inspection of the irrigat systems, CITY shall be responsible for the routine checki
repairing and proper operation of the irrigation syst throughout the life of the contract. Checking and repair
of irrigation systems shall include, but not be limited checking, adjusting and repair or replacement of valves, va boxes, sprinklers, risers and swing joints, wye straine valve and filter assembly units, and irrigation controlle
Irrigation facilities that malfunction, are damaged, miss or failed to operate, shall be repaired or, replac Replacement of sprinklers, risers and swing joints that
damaged or missing and repair of irrigation controllers t malfunction will be at CITY'S expense.
16a. CITY shall be responsible for water meters, booster pull pipe supply lines, conduits and sprinkler control conductc
at CITY expense.
Any damage to existing irrigation facilities caused by CI?
operations shall be repaired at the expense of CITY.
16c. The irrigation systems shall be operated automatic: Mal throughout the life of the maintenance period. operation will only be allowed to facilitate such work plant replacement, fertilization, weed control and irrigal repair as permitted in writing by the Engineer.
16d. CITY shall set and program the irrigation controllers seasonal water requirements. CITY shall clean, adjust replace sprinklers, valves, strainers and filters necessary. Irrigation systems shall be operated automatic;
a minimum of 2 minutes every 2 weeks.
within 5 days after any malfunction or damage.
15g.
16. CHECXING, REPAIRING AND OPERATING EXISTING IRRIGAT
Any repair work to these a facilities ordered by STATE will
16b.
16e. Checking and repairing of irrigation systems shall be I
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a
16f. Any materials required for the replacement or repair
irrigation facilities shall be made with new materials
comparable quality and shall be reinstalled to the sz standards and criteria as originally installed, as determir
by STATE.
16g. Within 7 days of the beginning of the maintenance peric within 7 days of the installation of any new irrigat:
controllers, and thirty days prior to end of the maintenar
qualified person from the CITY'S personnel on the use a
adjustment of the irrigation controllers installed.
16h. All irrigation systems shall be in proper operation at t
time the maintenance work is accepted. Within the last days prior to the end of the maintenance period; 2 irrigation systems shall be checked for proper operation
the presence of STATE. Should repairs be necessary, t
repairs shall be made and the systems rechecked.
CITY shall maintain a list of all program schedules for eii irrigation controller as currently programed, including da and length of watering time for each station and furnish t State a copy of all program schedules prior to start irrigation.
EXISTING PLANTING.--Existing planting to be maintained she include all plants that are located within the limits of wc shown on plans to be maintained by the CITY.
18, INITIAL INSPECTION OF EXISTING PLANTING AREAS.--All existi planting areas to be maintained shall be inspected initia:
by, CITY in the presence of STATE, for plants that are de: missing, diseased or unhealthy, for proper placement 5 adjustment of plant stakes and ties, for condition of planti basin and proper depth and placement of mulch materials f the need of weed control. Determination of the need f
weeding shall conform to the requirements for Weed Contrc elsewhere in these special provisions. Initial inspectj shall be completed within 14 days after starting work, unlc otherwise permitted in writing by the State.
18a. Any deficiencies to the existing planting found during t
initial inspection, including the mulching within the liml of the project and the initial control of weeds, shall
corrected by CITY as directed by STATE. Except j replacement of plants, all other corrections to the planti areas shall be completed by CITY within 14 days after initi
inspection. All correction work, ordered by STATE as a rest of the initial inspection, will be paid for by CITY.
period instructions shall be given to the Engineer by
16i.
17.
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18i.1. Plant replacement ordered by STATE as a result of the initla inspection, shall conform to the provisions in Vlan Replacementt1 elsewhere in these special provisions.
provisions entitled "Damage Repair" in regard to erosic
damage.
19. PLANT REPLACEMENT.--Replacement and planting of plants shal
conform to the provisions in Section 20-4.07, tlReplacement, and Section 20-4.05, lIPlanting, tI of the Standai Specifications and these Special Provisions. The spacii
requirements for replaced plants shall be as shown on tl
plans. If the plant to be replaced is mulched, then tl replacement plant shall be remulched as shown on the plans
A plant shall be replaced when ordered by the Engineer if mo: than 50 percent of its foliage is injured or damage, or has
growth rate which is less than 50 percent of the most vigoroi
same species along the right of way in the vicinity of t; project as determined by the Engineer.
18c. Attention is directed to the section of these specia
19a.
19b. Unless larger plant sizes are shown on the plans, the size
replacement plants shall be one gallon for shrubs, vines a Eucalyptus trees, and 5-gallon for other trees. Replaceme plants for ground cover shall be as shown on the plans.
19c. Removed plants shall be disposed of outside of the highw right of way as provided in Section 7-1.13, "Disposal Material Outside the Highway Right of Way," of the Standa Specifications.
19d. Replacement planting of plants that are readily availak nursery stock plants shall be completed within 14 days fr the date of STATE order to replace such plants.
19e. An order to vendors for replacement plants that are r
readily available nursery stock plants shall be made by Cl
within 7 days from the date of STATE'S order to replace st
ordering plants, a copy of the order to vendors and statement from the vendors stating, that the order has bc received and accepted, and the date when the ordered plai
will be shipped.
PRUNING.--Plants installed by the PROJECT shall be pruned wl ordered by the STATE or determined necessary by the CITY such horticultural purposes as mitigation for the effects
cold, heat, desiccating winds or pest control. Such orde pruning will be paid by the CITY. The STATE may prune pla for visibility improvement purposes or plants damaged accidental vehicular traffic by others no expense to the CI
plants. CITY shall furnish to STATE, within 7 days aft
20.
7
PETE WlLSC STATE OF CALIFORNIA - BUSINESS,TRANS TlON AND HOUSING AGENCY 1 - - m -
DEPARTMENT OF TRANSPORTATION
P DISTRICT 11, P 0. BOX 85406, SAN DIEGO 92186-5406 (61 9) 688-6792 Voice i c (619) 688-2575 TDD
(619) 688-3141 Fax
October 17, 1994
11-SD-5
P.Me R44,8/R46,2
Agreement No. 11-0469/A1
Poinsettia Lane Amendmer
E.A. 11222-167841
ECE
OCT 2 4 6994
Mr. Marty Oryenyak, Community Development Director
City of Carlsbad
2075 Las Palmas
Carlsbad, CA 92009 ENGINEE2lNG DEPARTM€NT
Dear Mr. Oryenyak:
Enclosed are four (4) velum originals and one (1) white cor of proposed Cooperative Agreement No. 11-0469/A1, 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.
If the agreement is acceptable as written, please arrange for it to be executed. Return the four (4) signed vellum original agreements with certified copies of the resolution or
certified meeting minutes, authorizing the agreement and signature, attached to each vellum copy. Please keep the white
schedule, we would appreciate having these documents executed ar returned to us before November 28, 1994.
copy for your records. In order to keep this project on
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 Joe Hull, Project Manager, at (619)688-3633, or Edmund R. Kennedy, Cooperative Agreements Coordinator, at (619)688-6792.
Sincerely, 348 EDWAFlD L. HAJJ
Cooperative Agree ents
Enclosure
e e
October 31 , 1994
i
TO: ASSISTANT CITY CLERK
FROM; Administrative Secretary, Belinda Guzman
VIA: City Engineer 4
AMENDMENT TO COOPERATIVE AGREEMENT NO. 1 1-0469/A1 FOR POINSETTI,
LANE AND INTERSTATE 5 CONSTRUCTION
Attached are four originals of the Amendment to Cooperative Agreement Number 11 -0469/A1 fc
Poinsettia Lane and Interstate 5 construction which is tentatively scheduled for the November l!
1994 Council session. I have attached a copy of the agenda bill and the amendment and fc
your convenience.
Caltrans requires that Carlsbad signs first. Per our telephone conversation, please return all foi
signed originals to Edward L. Hajj at Caltrans, his address is noted on the resolution. In yoi
letter please request one original and conformed copy of the amendment after the State’s fin execution. Please send the original to me for our Engineering files and keep the conformed coy
for your records. Please see a copy of Edward L Hajj’s letter (attached), dated October 1‘
1994 for additional details. If you have any questions, please call Belinda Guzman at extensic
4392. Thanks in advance for your help.
BELINDA R. GUZMAN
Mac hments