HomeMy WebLinkAbout1996-02-20; City Council; 13525; CITY AND CALTRANS JOINT POWERS AGREEMENT FOR CONSTRUCTION OF LA COSTA AND I-5 INTERCHANGEh
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\ AB # 1; 5x5 TITLE: CITY/CALTRANS JOINT POWERS DEPT.
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DEPT. ENG CITY k
2/20/96 AGREEMENT FOR CONSTRUCTION OF
LA COSTA/I-5 INTERCHANGE
I -- RECQMMENDED .-..-.-. _- -- ACTION:
Adopt Resolution No. 96 -kg approving Agreement No. 11-0530 with Caltr
the construction of the La Costa Avenue and Interstate 5 interchange widening pr
ITEM EXPLANATION:
The attached Joint Powers Agreement between Caltrans and the City of Carlsbad
the obligations and responsibilities of each agency relative to administration
construction contract for the La Costa Avenue interchange project. Key features
agreement are as follows:
1. City pays all cost except for $233,920 which will be paid by Caltrans. Total
estimated at $5,653,000.
Caltrans to administer the construction project including contract adverti:
award, contract payments, inspection and authorization of all change order
$50,000. For change orders over $50,000, the City must be consulted.
City shall deposit with the State $448,300 prior to State’s bid advertiseme
City shall make progress payment no later than ten (10) working days prc
the beginning of each month.
City shall have authority to reject any bid award 10% or more above en!
estimate.
The Agreement provides for the State to maintain signals at the freewz
termini and at the Park and Ride Lot No. 32 intersection with La Costa 1
City shall reimburse State for 50% of maintenance and electrical energy (
ramp and Park & Ride signals.
The City agrees to assume maintenance of project landscaping for a p
twenty-one (21) months after project completion in conformance with Exk
the Agreement.
2.
3.
4.
5.
6.
7.
FISCAL IMPACT:
City is agreeing to cover project costs estimated at $5,653,000 for construcl
Caltrans contract administration. An additional $50,000 is estimated for lai
maintenance, and approximately $20,000 annually for traffic signal maintenance.
Funding in the amount of $2.3 million is included in the Community Facilities Distri
No. 1 and is available in the project account No. 430-820-1 890-321 9. An additic
million is programmed to be appropriate with the 1996-1997 Capital Imprl
Program (CIP). CFD No. 1 funding totalling .5 million will be available for this pi
start of construction.
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Page 2 of Agenda Bill No. /3, 525 .
EXHIBITS:
4. Resolution No. %h -6 5'
construction of the La Costa Avenue and 1-5 interchange widening project.
2. Joint Powers Agreement No. 4 1-0530.
approving Agreement No. 1 1-0530 providing
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RESOLUTION NO. 96-68
A RESOLUTION OF THE CllY OF CARLSBAD, CALIFORNIA,
APPROVING A JOINT POWERS AGREEMENT NO. 11-0530 WITH
CALTRANS FOR THE CONSTRUCTION OF THE LA COSTA AVENUE/I-5
INTERCHANGE, PROJECT NO. 321 9
WHEREAS, the City Council of the City of Carlsbad has determined it r
desirable, and in the public interest to proceed with the improvements to the La Cos
and Interstate 5 interchange, Project No. 3219; and,
WHEREAS, Cattrans has special expertise and operational jurisdiction of the
facilities; and,
WHEREAS, a Joint Powers 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 Joint Powers Agreement No. 11-0530 with the California Dep
Transportation for the construction of the La Costa Avenue and Interstate 5 interchan
No. 3219, is hereby approved and the Mayor and City Clerk are hereby authorized at
to execute said agreement. That following the Mayor’s signature of said Agreeme
original agreements, shall be forwarded to the City Engineer for execution b!
PASSED, APPROVED AND ADOPTED at a regular meeting of the Ca
Council held on the 20th day of February , 1996 by the following \
Council Members Lewis, Nygaard, Kulchin, Finnila and Hal AYES:
NOES: None
ABSENT: None
28 ALETHA L RAUTEN
(SEAL)
- _STATE OF CALIFORNIA - BUSINESS. TRANS- rt I IZ WIL~ ON AND HOUSING AGENCY
DEPARTMENT OF TRANSPORTATION
(619) 688-6792 Voice
- - DISTRICT 11, P.O. BOX85406, SAN DIEGO 921865406
(619) 688-2575 TDD
(61 9) 688-3688 F~x
January 30, 1996
ll-SD-5
P.M. R43.8/R44.4
E.A. EA 11276-196191
Agreement No. 11-0530
La Costa Avenue Construction
Mr. Marty Orenyak
Community Development Director
City of Carlsbad
1200 Carlsbad Village Drive Carlsbad, CA 92009
Dear Mr Orenyak:
Enclosed are four (4) vellum originals and one (1) white
copy of proposed Cooperative Agreement No. 11-0530, with the Ci
of Carlsbad construction of widening the overcrossing and
approaches, signaling the ramp termini and, adjacent Park and Ri
lot at La Costa Avenue on Route 5.
If the agreement is acceptable as written, please arrange
for it to be executed and enter the date the document was
executed on the line provided on the first page of each vellum original. Return the four (4) signed vellum original agreement
with certified copies of the resolution or certified meeting
minutes, authorizing the agreement and signature, attached to each vellum copy. Please keep the white copy for your records.
In order to keep this project on schedule, we would appreciate
having these documents executed and returned to us before March
13, 1996. This cover letter contains important information.
Please keep it with the agreements at all times.
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 Joseph Hull,
Project Manager, at (619) 688-3633, or me at (619) 688-6792.
Sincerely,
&&?[$l L Sw3
EDMUND R. KENNEDY
Cooperative Agreements
Enclosure
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11-SD-5
R43.8/R44.4
Agreement No. 11-0530
11276-196191
La Costa Avenue
JOINT POWERS AGREEMENT
THIS AGREEMENT, ENTERED INTO ON is between the STA
OF CALIFORNIA, acting by and through its Department of Transportation, referred to he1
as "STATE", and
CITY OF CARLSBAD, a body politic
a municipal corporation of the STATE
California, referred to herein as "CITY'
RECITALS
1. STATE and CITY contemplate constructing State Highway improvements gener;
consisting of but not limited to widening the overcrossing and approaches, signalizing
ramp termini and adjacent Park and Ride Lot, widening the ramps, and metering
entrance ramps on Route 5 at La Costa Avenue, referred to herein as "PROJECT".
STATE is authorized to do all acts necessary, convenient or proper for the construct
or improvement of all highways under its jurisdiction, possession or control.
CITY is authorized to plan, design, acquire right of way and construct projects on
State Highway System.
STATE and CITY are public agencies authorized under the Streets and Highways Cc
and Government Code Sections 6500 et seq. to enter into a joint powers agreement un
oversight for PROJECT and CITY will provide additional construction services and fL
the cost of construction, contract administration and construction engineering
PROJECT;
STATE and CITY do mutually desire to jointly participate in the construction
PROJECT and desire to specify herein the terms and conditions under which PROJE(
is to be constructed, financed and maintained.
2.
3.
4.
which STATE will advertise, award arid administer the construction contract and prov
5.
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114.
60 The handling of utility relocation, preliminary engineering and design engineering
PROJECT have been subjects of a separate prior Cooperative Agreement No. 11-04
Caltrans Document No. 7251, Dated August 21, 1990.
STATE has been directed by the California Trade and Commerce Agency to allow CI'
to reallocate an amount of $500,000 of their funds for STATE highway improveme
toward the costs of a future I-S/Cannon Road Interchange improvements project. STA
is therefore obligated to pay for certain construction work that CITY would have b
required to pay for, as detailed in the follpwing Article (8) and in Section I, Article (
of this Agreement.
STATE has supplemented CITY'S costs (in an amount of $233,920.00, toward
California Trade and Commerce Agency's set sum of $500,000) through a portion
construction costs of the I-S/Poinsettia Lane Interchange widening and improvements
Cooperative Agreement No. 11-0469, dated January 11, 1994 and Amendment Agreement, No. 11-04691A1, dated November 15, 1994, STATE Document Numl
9163.
7.
8.
SECTION I
STATE AGREES:
1. To provide all labor, materials, tools and equipment for PROJECT, includi
advertising, award, contract administration, Resident Engineer, Bridge Representath
material source inspection, independent assurance and specialty testing, inspection st;
and such other construction engineering as may be required for satisfactory completi
of PROJECT, The services to be provided by STATE, when combined with resourc
and work to be provided by CITY, are referred to herein as "SERVICES" for 1
purpose of determining CITY share of the cost of SERVICES,
At no cost to CITY, to provide those STATE services included in STATE'S oversig
responsibility for construction of PROJECT in accordance with the provisions of Caltra
Deputy Directive Number: DD-23, Dated June 28, 1994.
2.
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3. At no cost to CITY, to provide two Ramp Meter Systems (PROJECT Special Provisic
item numbers 861101 and 861102) and 40% of the Asphalt Concrete (Type
(PROJECT Special Provisions, item number 390160). The estimated value of tl-
items is $286,160.00, which is hereby applied towards the remaining $266,080
balance of the Caltrans $500,000 amount obligated by the California Trade
Commerce Agency.
To construct PROJECT by contract in accordance with plans and specifications prepa
by CITY and approved by STATE.
To issue, at no cost to CITY or its contractor, upon proper written application by CI
and its contractor, encroachment permits authorizing entry onto STATE'S right of u
to perform required landscape maintenance, to be performed after completion of
PROJECT work, in accordance with Section 11, Articles (10) and (11).
To establish separate PROJECT accounts to accumulate charges for all costs to be p
for by CITY pursuant to this Agreement.
To submit an initial billing in the amount of $448,300 to CITY, 15 days prior
STATE'S bid advertising date of a construction contract for PROJECT. Said ini
billing to represent CITY's initial deposit for two months estimated cost of SERVIC
and for one month estimated construction cost.
Thereafter, to prepare and submit monthly billing statements for estimated expenditu
for construction and SERVICES one month in advance to CITY, as construction
PROJECT proceeds.
To consult with CITY on all change orders with an estimated cost of over $50,000 befi
implementation, except when necessary for the safety of motorists and/or pedestrians
for the protection of property.
To provide CITY quarterly reports of actual expenditures compared to the mont
advances made by CITY and to provide updated planned reimbursement schedules. 1
cash deposit amounts may be revised based on the updated planned expenditi
schedules. STATE will monitor the actual versus the planned expenditures monthly
assure that CITY's advance deposits pursuant to Section 11, Articles (5) and (6), u
always be sufficient.
4.
5.
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7.
8.
9.
10.
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11. Upon completion of PROJECT and all work incidental thereto, to furnish CITY wit
detaiIed statement of the total actual costs of construction and SERVICES for PROJE(
including the costs of any contract claims which have been allowed to the construct
contractor. STATE thereafter shall refund to CITY (promptly after completion
STATE's audit) any amount of CITY's deposits and down payments STATE is hold
after actual costs to be borne by CITY have been deducted, or to bill CITY for i
additional amount required to complete CITY's financial obligations pursuant to I
Agreement.
SECTION I1
CITY AGREES:
1. To provide, at no cost to STATE, qualified support staff and other resources necessi
to accomplish PROJECT construction, including inspection, materials acceptar
sampling and testing, construction staking surveys, and field office facilities and sta
Said resources provided by CITY shall be coordinated by and under the specific directi
of the STATE's Resident Engineer.
To bear 100 percent of the total actual construction cost of PROJECT [excluding thc
amount includes the cost of STATE-furnished materials, supplemental work, char
orders, contract claims paid to the construction contractor, and the cost of STAT1
defense of all PROJECT-related claims which may be filed by said contractor. 7
actual construction costs of PROJECT shall be determined after completion of all w(
and upon final accounting of costs.
To bear 100 percent of the actual cost of SERVICES for PROJECT, estimated to
$623,000. Said costs of SERVICES shall include costs of providing personnel resoura
their equipment, field office and all direct and indirect costs (functional a
administrative overhead assessment) attributable to such work applied in accordance w
STATE's standard accounting procedures, except those costs which are determined to
included in STATE's oversight responsibility. The actual cost of SERVICES I
PROJECT shall be determined after completion of all work and upon final accounti
of costs.
2.
items as listed in Section I, Article (3)] which is estimated to be $5,030,000. T
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CITY'S initial total obligation for the costs of construction and SERVICE? $5,653,000. This amount is subject to increase to cover the costs of utility protect
relocation or removal as provided in Article (12) of Section I11 of this Agreement.
total obligation may also be adjusted to reflect costs which differ from the in
estimated total costs of construction and SERVICES. Any increase in total obliga
will be subject to the vote of CITY, the certified results of which will be incorpor;
by reference into this Agreement without the necessity of a written amendment.
To deposit with STATE within 25 working days of receipt of billing therefor (wf
billing will be forwarded 15 days prior to STATE'S bid advertising date of a construci
contract for PROJECT), the amount of $448,300. Said figure represents the estim:
initial deposit for two months estimated cost of SERVICES and one month estim:
construction cost for PROJECT.
To deposit with STATE not later than 10 working days preceding the beginning of e
month, the estimated expenditures for that month and to continue making such adva
deposits on a monthly basis until PROJECT completion.
To pay STATE upon completion of all work and within 25 working days of receipl
a detailed statement made upon final accounting of costs therefor, any amount over i
obligation pursuant to this Agreement.
CITY shall reimburse STATE for any additional travel expenses incurred by STATE
off-site inspection and testing performed by STATE which is more than 300 air 1
miles from both Sacramento and Los Angeles.
STATE'S construction contract claims process will be used in consultation with CIT
CITY shall abide by the outcome of said process.
Upon completion of work under this Agreement, CITY will assume maintenance and
expense thereof for any part of PROJECT located outside of current STATE right of u
until acceptance of any such part of PROJECT into the State Highway System
STATE, approval by the Federal Highway Administration, if required, and conveyar
of acceptable title to STATE.
Upon completion of the PROJECT construction contract by STATE, CITY will assu
maintenance and the expense thereof of all the landscape work on PROJECT, foi
period of twenty one (21) months in accordance with Caltrans District 11 Landsca
Maintenance Provisions (1 1/93), a copy of which is attached to this Agreement a
incorporated herein by reference as Exhibit "A".
4.
5.
6.
7.
above the aforementioned deposits and payments required to complete CITY'S financ
8.
9.
10.
11.
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12. To make written application to STATE and to have CITY's contractor make wri, application to STATE for necessary encroachment permits authorizing entry c
STATE's right of way to perform required landscape maintenance, in accordance \.
this Section 11, Article (lo), above. Permits will be issued in accordance with STAT
standard permit procedures.
SECTION 111
IT IS MUTUALLY AGREED AS FOLLOWS:
1. All obligations of STATE under the terms of this Agreement are subject to
appropriation of resources by the Legislature and the allocation of resources by Califor
Transportation Commission.
Should any portion of PROJECT be financed with Federal funds or State gas tax fun
all applicable laws, rules and policies relating to the use of such funds shall apl
notwithstanding other provisions of this Agreement.
STATE's goals for utilization of Minority and Women's Business Enterprise (ME
WBE and DVBE) will be included in the construction contract. The contract goals v
be based on a technical analysis of contract items and certified MBE/WBE/DV
subcontractors in the area. STATE will award PROJECT to the lowest responsi
bidder who meets the goals 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 until after this Agreemen.
executed by both parties thereto. STATE shall also not advertise for bids to constn
PROJECT until CITY delivers to STATE control and/or possession to rights of way, fi
and clear of all encumbrances detrimental to STATE's present and future uses at a til
of CITY's certification of rights of way ready for construction. Acceptance of said ti
by STATE is subject to a review of a Policy of Title Insurance in STATE's name to
provided and paid by CITY.
STATE shall not award a contract to construct PROJECT until after receipt of CITI
deposit required in Article (4) of Section 11.
If, after opening bids for PROJECT and if bids indicate a cost overrun of no more th
10% of the Engineer's Estimate will occur, STATE may award the contract, except tl-
immediately after opening of bids, STATE and CITY may conduct ajoint review of t
bid item prices if so requested by CITY.
2.
3.
4.
5.
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7. If CITY does not agree with the aforementioned bid item prices, CITY may termir
this Agreement within 25 days of the opening of bids pursuant to the provision:
Article (9) of this Section 111.
If upon opening of bids for PROJECT, it is found that a cost overrun exceeding 10%
the Engineer's Estimate will occur, STATE and CITY shall consult upon a course
action. If, after 15 days, a course of action is not agreed upon, this Agreement shall
deemed to be terminated by mutual consent pursuant to Article (10) of this Section
Prior to advertising of bids of the construction contract for PROJECT, CITY n
terminate this Agreement, in writing, provided that CITY pays STATE for all PROJE
related costs.
If termination of this Agreement is by mutual consent, CITY will bear 100 percent of
PROJECT related costs.
After award of the construction contract for PROJECT, should CITY, after a request
STATE, not authorize funding beyond the amounts stated in Articles (2), (3), (4) and
of Section I1 above, STATE shall ensure that all operating roadways are in a safe E
satisfactory permanent operating condition and then shall cease work on PROJEC
Additional costs incurred in excess of payments made will be billed and subject
payment by CITY within thirty (30) days or STATE, acting through the State Control1
may withhold an equal amount from future apportionments due CITY from the Highu
User Tax Fund.
If, during PROJECT construction, any unforeseen conflict with existing public and
private utilities occur, or there is a significant change required in any approved uti'
relocation plan, then the provisions of STATE's current Standard Specifications Secti
8-1.10 (Utilities and Non-Highway Facilities) shall apply.
In the construction of PROJECT, CITY may, at no cost to STATE, furnish
representative, if it so desires. Said representative and STATE's Engineer will cooper:
and consult with each other, but the decisions of STATE's Resident Engineer sh
prevail as final, binding and conclusive in all matters concerning the PROJE(
construction con tract.
If any unforeseen potential hazardous waste sites are encountered during construction
PROJECT, STATE and CITY shall meet and confer on a course of action. T
responsibilities and costs for any action shall be covered by amendment to tt
Agreement .
8.
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25. Upon completion and acceptance of the PROJECT construction contract by STA'
STATE will accept control of and maintain, at its own cost and expense, those porti
of PROJECT lying within STATE's right of way, except local roads delegated to C1
for maintenance and except for the landscape maintenance period, in accordance r
Section 11, Articles (10) and (11) of this Agreement.
CITY will accept control and maintain, at its own cost and expense, the portions
PROJECT lying outside the STATE's right of way. Also, CITY will maintain, at CI
expense, local roads within STATE's right of way delegated to CITY for maintena
and landscaping within the STATE's right of way in accordance with Section 11, Art
(10) of this Agreement.
If CITY fails to maintain said landscaping, per Section 11, Articles (10) and (ll), STA
shall give CITY written notice thereof. If CITY fails to maintain said landscaping wil
thirty (30) days from receipt of written notice thereof from STATE, STATE will perfc
or cause to be performed sufficient maintenance to preserve the landscaping; the cos
which shall be paid by CITY within ninety (90) days of billing.
STATE will maintain the traffic control signal systems and safety lighting as installec
the ramp termini and the Park and Ride Lot No. 32 intersection with La Costa Aven
STATE's share of the maintenance and electrical energy costs at the ramp termini i
Park and Ride Lot will be 50%. CITY shall reimburse STATE for CITY'S proportion
share of the said maintenance and electrical energy costs at the three locations. CIT'
share will be an amount equal to 50% at the ramp termini and the Park and Ride L
The energy costs of the northbound and southbound freeway entrance ramp meters, th
operation and maintenance will be 100% by STATE.
STATE will operate the traffic control signal systems as installed and pay 100% of I
operation cost.
Upon completion of all work under this Agreement, ownership and title to materia
equipment and appurtenances which are installed within STATE's right of way P
automatically be vested in STATE, and materials, equipment and appurtenances wh,
are installed outside of STATE's right of way will be vested in CITY. No furtl
agreement will be necessary to transfer ownership as hereinabove stated.
Nothing in the provisions of this Agreement is intended to create duties or obligatic
to or rights in third parties not parties to this Agreement or affect the legal liability
either party to the Agreement by imposing any standard of care with respect to t
maintenance of State highways different from the standard of care imposed by law.
16.
17.
18.
19.
20.
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22. Neither STATE nor any officer or employee thereof is responsible for any damage
liability occurring by reason of anything done or omitted to be done by CITY undei
in connection with any work, authority or jurisdiction delegated to CITY under
Agreement. It is understood and agreed that, pursuant to Government Code Seci
895.4, CITY shall fully defend, indemnify and save harmless the State of California,
officers and employees from all claims, suits or actions of every name, kind
description brought for or on account of injury (as defined in Government Code Seci
in connection with any work, authority or jurisdiction delegated to CITY under 1
Agreement.
Neither CITY nor any officer or employee thereof, is responsible for any damage
liability occurring by reason of anything done or omitted to be done by STATE un
or in connection with any work, authority or jurisdiction delegated to STATE under 1
Agreement. It is understood and agreed that, pursuant to Government Code Sect
895.4, STATE shall fully defend, indemnify and save harmless CITY from all clai1
suits or actions of every name, kind and description brought for or on account of inji
(as defined in Government Code Section 810.8) occurring by reason of anything done
omitted to be done by STATE under or in connection with any work, authority
jurisdiction delegated to STATE under this Agreement.
No alteration or variation of the terms of this Agreement shall be valid unless made
writing and signed by the parties hereto and no oral understanding or agreement I
incorporated herein shall be binding on any of the parties hereto.
810.8) occurring by reason of anything done or omitted to be done by CITY under
23.
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25. Except as otherwise provided in Articles (9) and (10) of this Section 111, those porti
of Agreement pertaining to the construction of PROJECT shall terminate u]
completion and acceptance of the PROJECT construction contract by STATE, or on J
shall remain in effect until terminated or modified in writing, by mutual agreemc
Should any claim arising out of the contract to construct PROJECT be asserted aga
STATE, CITY agrees to extend the termination date of this Agreement and pro\
funding, subject to CITY'S governing body budgeting sufficient funds to cover CIT
share of costs, or execute a subsequent agreement to cover those eventualities.
30,2000, whichever is earlier in time. However, the ownership and maintenance c1aL
STATE OF CALIFORNIA
Department of Transportation
JAMES W. VAN LOBEN SELS
Director of Transportation
BY Office Chief-Design
Certified as to Funds and Procedure:
District Resource Manager
Approved as to Form and Procedure:
Attorney I hereby certify upon my own personal
Department of Transportation knowledge that budgeted fun
are available for the period and purpose
payment to STATE stipulated in the abo
Agreement: Certified as to Funds and Procedure
Headquarters, Office of Budgets Deputy Director, Facilities
Financing Division
10
EXHIBIT A 0 0 11 -0530
CALT"S DISTRICT 11
LANDSCAPE MAMTENANCE PROVISIONS
(1194)
1. DESCRIPTION OF WORK.--The work to be done consists, in general, of maintain
highway planting and maintaining imgation systems during the life of this agreement. 1
duration of this maintenance period shall be -days, to commence upon the writ
approval by the STATE of the PROJECT construction.
The PERMITTEE will be required to adequately water plants; replace unsuitable plar
do weed, rodent, and other pest control; and perform other work, as determined necess
by the Engineer, every day during the maintenance period.
Irrigation facilities are to be checked and repaired; backflow preventers are to be test
plants are to be watered, inspected, pruned and replaced; erosion damage and plant ba:
are to be repaired; litter, weeds, rodents and other pests are to be controlled; pesticil
and fertilizer are to be hrnished and applied; and other work performed as determil
necessary by STATE."
All other work and materials that are required, as specified in the current State
California, Department of Transportation Standard Specifications Policy and Proced
No. P82-9 REVISED "Planting of Transportation Facilities" and these Landsc;
Maintenance Provisions shall be performed, provided, placed, constructed, install
2.
3.
4.
repaifed and replaced. ..
5. In order to carry out the maintaining of highway planting, the PERMITTEE shall hrr
sufficient personnel and adequate equipment to perform the work during the maintena
period.
ORDER OF WORK.--Order of work shall conform to the provisions in Section 5-1.
"Order of Work," of the Standard Specifications and these Landscape Maintena
Provisions.
6.
6a. The first order of work shall be to water the plants and, in the presence of STA
inspect the existing imgation facilities and existing planting areas as providec
"Existing Imgation Facilities", "Existing Planting", and "Litter Control" elsewk
in these Landscape Maintenance Provisions.
7. DAMAGE REPAIR.--Attention is directed to Section 7-1.16, "Contractor's Responsib
for the Work and Materials," of the Standard Specifications and these Landsc
Maintenance Provisions.
EXHIBIT A 0 0 I 1-0530
- 7a. Damage to slopes, plants, irrigation systems and other highway facilities OCCU~I
as result ~fra!!! or vandalism shall be repaired when directed by STATE. The E
of such repairs will be at PERMlTTEE expense.
When, as a result of freezing conditions (as defined herein), plants are so injurec
damaged as to render them unsuitable for the purpose intended, as determined
the Engineer, STATE may order the pruning or removal and replacement of sc
or all of the affected plants. The cost of such work will be at PERMIT?
expense. A freezing condition, for the purpose of this specification, occurs w
the temperature at or near the affected area has been determined by the Engir
to have been officially recorded below 32 - F. and plants have been killed
damaged to the degree described above.
When, as a result of drought conditions (as defined herein), plants are so injure(
damaged as to render them unsuitable for the purpose intended, as determinec
the Engineer, STATE may order the pruning or removal of some or all of
affected plants. The total cost of such work will be at PERMITTEE expe,
Any restriction or shutoff of available water shall not relieve PERMITTEE fi
performing other contract work. A drought condition occurs when
Department, or its supplier, restricts or stops delivery of water to PERMITTEl
the degree that plants died or deteriorated as described above and adjustmen
the watering schedule could not have prevented plant injury or damage.
Contractor may replace removed plants at its expense after the drought condi
has ended.
Any erosion damage caused by PERMITTEE inadequate maintenance or opera
of irrigation facilities, as determined by the STATE shall be repaired by
PERMITTEE at their expense.
7b.
7c.
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7d.
8. COOPERATION.--Attention is directed to Sections 7-1.14, "Cooperation," and 8-1
"Utility and Non-Highway Facilities," of the Standard Specifications and these Lands(
Mahtenance Pro4s;ons.
8a. Work by STATE forces and other contractors within the limits of PROJECT
be underway or started during the maintenance period. PERMITTEE !
coordinate its operations with those of the STATE forces and other contractor!
9. MAINTAINING TRAFFIC.--Attention is directed to Sections 7-1 .OS, "PL
Convenience, "7- 1.09, "Public Safety," and 12, "Construction Area Traffic Cor
Devices," of the Standard Specifications and to the Section entitled "Public Saf
elsewhere in these Landscape Maintenance Provisions. Nothing in these Provisions :
be construed as relieving the PERMITTEE from its responsibility as provided in
Section 7-1.09.
9a. No work that would require a lane closure shall be performed.
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EXHIBIT A e 0 11 -0530
-
9b. Personal vehicles of the PERMITTEE'S employees shall not be parked within
right of way, except personal vehicles used in lieu of the PERMITTE
equipment. Said vehicles shall be included in the equipment list required in Sect
5-1.10, "Equipment and Plants," of the Standard Specifications and shall
marked with permanent or temporary name plates identifLing the contract
parties engaged in the work.
Whenever vehicles or equipment are parked on the shoulder within 6 feet a
traffic lane, the shoulder area shall be closed with fluorescent traffic cones
portable delineators placed on a taper in advance of the parked vehicles
equipment and along the edge of the pavement at 25-foot intervals to a point
less than 25 feet past the last vehicle or piece of equipment. A minimum o
cones or portable delineators shall be used for the taper. A C23 (Road W
Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescop
flag tree with flags. The flag tree shall be placed where directed by the Engineel
9c.
MAINTAMING HIGHWAY PLANTING
10. GENERAL.--The work performed in connection with maintaining highway planting SI
conform to the provisions in Section 20, "Erosion Control and Highway Planting," of
Standard Specifications and these Landscape Maintenance Provisions.
loa. -. Attention is directed to the provisions in "Order of Work" and "Cooperatic
elsewhere in these Lan'dscape Maintenance Provisions. * . ~
Maintaining highway planting work shall include, but not be limited to inspecti
checking and repairing imgation facilities; testing backflow preventers; inspecti
controlling weeds, rodents and other pest; and furnishing and applying pestici
and fertilizer.
LIMIT OF WORK. --The limit of work shall be considered as the area between
"Beginning and End of Work" stations and the right of way lines, unless shown othem
on the plans.
PLANS.--Plans for this project entitled "Planting Plan" and Irrigation Plan" show the lii
of work and areas where maintaining highway planting is to be performed. Plans will
from the project "as-built" plans as approved by the STATE upon completion of
project construction and, except for reference made to the plans by these Landsa
Maintenance Provisions, are for reference only. The irrigation facilities and plant
shown on the plans may differ from actual field locations and conditions.
lob.
and replacing plants; repairing plant basins; watering plants; removing lit
11.
12.
3
EXHIBIT A 0 e 11 -0530
13. EXISTING IRRIGATION FACILITIES.--Existing irrigation facilities shall include
irrigation on facilities that are located within the limits of work where maintaining highu
planting is to be performed as shown on the plans.
INITIAL INSPECTION OF EXISTING IRRIGATION FACILITIES.--All irrigat
systems shall be inspected initially by the PERMITTEE in the presence of STATE
missing or damaged equipment and for proper operation. Initial inspection shall
completed within 14 days after starting work unless otherwise permitted in writing by i
STATE.
14a.
14.
hny deficiencies to the existing irrigation systems found during the inii
inspection shall be repaired or replaced by PERMITTEE. Such repairs
replacements shall be completed within 14 days after initial inspection unlc
otherwise permitted in writing by STATE and will be paid for by PERMTTTEE.
TESTING BACKFLOW PREVENTERS.--Backflow preventers shall be tested for pro]
operation by a certified Backflow Preventer Tester.
15a.
15.
The tester shall hold a valid certification as a Backflow Preventer Tester fiom t
county in which the device to be tested is located or, if the county does not haw
certification program for Backflow Preventer Testers, the tester shall have
certificate from one of the following:
1. The American Water Works Association. .. K
2. A county which has a certificate program for Backflow Preventer Testers
Testing for proper operation shall conform to the provisions of the county in whi
the testing is being performed or, if such procedures are not available, such te
shall conform to the provisions in the latest edition of the Cross-Connectic
Control Procedures and Practices manual, which is available from the Califorr
Department of Health Services, Sanitary Engineering Branch, Sacramento, C
95814.
Backflow preventers shall be tested initially at the beginning of the contract ai
then retested approximately every 12 months thereafter. If more than 6 mont
have passed since the last testing, the backflow preventers shall be tested durii
the last month prior to the completion of establish existing planting.
PERMITTEE shail notify STATE at least 7 days prior to testing bacMIc
.. ..
15b.
1%.
15d.
preventers.
15e. One copy of all test'results for each backflow preventer shall be hrnished .
STATE.
4
EXHIBIT A 0 e 11 -0530
1X Repair of backflow preventers will be at FEaMlTTEEs expense.
16. CHECKING, REPAIRING AND OPERATING EXISTING IRRTGATIC
SYSTEMS.--After the initial inspection of the irrigation systems, PERMITTEE shall
responsible for the routine checking, repairing and proper operation of the irrigati
systems throughout the life of the contract. Checking and repairing of irrigation syster
shall include, but not be 1;mited to, checking, adjusting and repair or replacement valves, valve boxes, sprinklers, risers and swing joints, and irrigation controllers. Irrigati
facilities that malhnction, are damaged, missing or failed to operate, shall be repaired t
replaced. Replacement of sprinklers, risers and swing joints that are damaged or missi
and repair of irrigation controllers that malfunction will be at PERMITTEE'S expense.
16a. PEMTTEE shall be responsible for water meters, pipe supply lines, conduits a
sprinkler control conductors. Any repair work to these a facilities ordered
STATE will be at PERMITTEE expense.
Any damage to existing irrigation facilities caused by PERMITTEES operatic
shall be repaired at the expense of PERMITTEE.
The irrigation systems shall be operated automatically throughout the life of *
maintenance period. Manual operation will only be allowed to facilitate such w(
in writing by the Engineer
PERMITTEE shall set and program the -irrigation controllers for seasonal wa
requirements. PEMTTEE shall clean, adjust and replace sprinklers, valv
strainers and filters as necessary. Irrigation systems shall be opera
automatically a minimum of 2 minutes every 2 weeks.
Checking and repairing of irrigation systems shall be made within 5 days after :
malfunction or damage.
Any materials required for the replacement or repair of irrigation facilities shall
made with new materials of comparable quality and shall be reinstalled to the sa
standards and criteria as originally installed, as determined by STATE.
Within 7 days of the beginning of the maintenance period, within 7 days of
installation of any new irrigation controllers, and thirty days prior to end of
maintenance period instructions shall be given to the Engineer by a qualij
person from the PERMITTEE'S personnel on the use and adjustment of
irrigation controllers installed.
16b.
16c.
as plant replacement, fertXzat;on, weed control and imgation repair as permit
16d.
16e.
16f
16g.
5
EXHIBIT A 0 0 11 -0530
16h. All irrigation systems shall be in proper operation at the time the maintenar
1 work is accepted. Within the last 14 days prior to the end of the maintenai
period; all irrigation systems shall be checked for proper operation in the preset
of STATE. Should repairs be necessary, the repairs shall be made and the syste
rechecked.
PERMITTEE shall maintain a list of all program schedules for each irrigat
controller as currently programmed, including days and length of watering time
each station and furnish the State a copy of all program schedules prior to start
irrigation.
16.
17. EXISTING PLANTING.--Existing planting to be maintained shall include all plants t
are located within the limits of work shown on plans to be maintained by
PERMITTEE.
INITIAL INSPECTION OF EXISTING PLANTING AREAS.--All existing plant
areas to be maintained shall be inspected initially by, PERMITTEE in the presence
STATE, for plants that are dead, missing, diseased or unhealthy, for proper placement i
adjustment of plant stakes and ties, for condition of planting basin and proper depth (
placement of mulch materials for the need of weed control. Determination of the need
weeding shall conform to the requirements for "Weed Control'' elsewhere in th
Landscape Maintenance Provisions. Initial inspection shall be completed within 14 d
after starting work, unless otherwise permitted in writing by the State.
18a.
18.
Any deficiencies to the existing planting found during the initial inspecti
including the mulching within the limits of the project and the initial control
weeds, shall be corrected by PERMITTEE as directed by STATE. Except
replacement of plants, all other corrections to the planting areas shall be complc
by PERMITTEE within 14 days after initial inspection. All correction w(
ordered by STATE as a result of the initial inspection, will be paid for
PERMITTEE.
Plant replacement ordered by STATE as a result of the initial inspection, s
conform to the provisions in "Plant Replacement" elsewhere in these Landsc
Maintenance Provisions.
Attention is directed to the section of these Landscape Maintenance Provisi
entitled "Damage Repair" in regard to erosion damage.
18b.
18c.
19. PLANT REPLACEMENT.--Replacement and planting of plants shall conform to
provisions in Section 20-4.07, "Replacement," and Section 20-4.05, "Planting," of
Standard Specifications and these Landscape Maintenance Provisions. The spa(
requirements for replaced plants shall be as shown on the plans. If the plant to be rep12
is mulched, then the replacement plant shall be remulched as shown on the plans.
6
EXHIBIT A 0 0 11 -0530
:
- 19a. A plant shall be replaced when ordered by the Engineer if more ihw 59 pertent
its foliage is injured or damage, or has a growth rate which is less than 50 perc
of the most vigorous same species along the right of way in the vicinity of
project as determined by the Engineer, or has not been properly pruned
accordance with these provisions as determined by the Engineer, or has not bc
properly pruned in accordance with these provisions as determined by
Engineer.
The size of replacement plants shall be 5-gallon for shrubs, 15-gallon
Eucalyptus trees, and 24-inch box for other trees. Replacement plants for grot
cover shall be one-gallon.
Removed plants shall be disposed of outside of the highway right of way
provided in Section 7-1.13, "Disposal of Material Outside the Highway Right
Way," of the Standard Specifications.
Repiacement planting of plants that are readily available nursery stock plants SI
be completed within 14 days from the date of STATE order to replace such plar
An order to vendors for replacement plants that are not readily available nurs
stock plants shall be made by PERMITTEE within 7 days from the date
STATE'S order to replace such plants. PERMITTEE shall hrnish to STA
within 7 days after ordering plants, a copy of the order to vendors and a statem
from the vendors stating, that the order has been received and accepted, and
date when the ordered plants will be shipped.
19b.
19c.
19d.
19e.
20. PRUNING.--Plants installed by the PROJECT shall be pruned when ordered by
STATE or determined necessary by the PERMITTEE for such horticultural purpose:
mitigation for the effects of cold, heat, desiccating winds or pest control. Such orde
pruning will be paid by the PERMITTEE. The STATE may prune plants for visibi
improvement purposes or plants damaged by accidental vehicular traffic by others
expense to the PERMITTEE. All tree pruning shall conform to the current Prur
Standards of the Western Chapter of the International Society of Arboriculture and
National Arborist Association.
20a. Ground cover plant growth which extends to the edge of shoulders, sidewa
curbs or dikes, or to within 2 feet of guardrail, walls, fences, trees or shrubs s
be killed or removed 2 feet back of shoulders, sidewalks, curbs or dikes, or 4
back of guardrail, walls, fences, trees or shrubs by pruning or by pesticic
Ground cover also shall be kept removed from within the basins, including
basin walls, and from planting areas within header boards.
7
- 11 -0530 EXHIBIT A e 0
4
21. REPAIRING PLANTING BASINS.--Planting basins shall be kept well formed and
good repair, including silt removal and shall be repaired as often as necessary to provi
sufficient containment of water for healthy plant growth. If plants were mulched prior
basin damage then basin repair shall include replacing the mulch.
21a. Plant basins may be temporarily modified during the wet season to prevent PI:
and basin damage due to excessive water.
22. WATERING.--Plants shall be kept watered as provided in Section 20-4.06, "Watering"
the Standard Specifications. All planting to be maintained shall have water applied at I
rate and as fiequently as necessary to maintain healthy plant growth and mitigate i
effects of cold, heat or desiccating winds. Water consemation in accordance with Caltr;
water policies shall be practiced at all times. Excessive use of water resulting in run(
will not be allowed.
22a. Water for maintaining plants and electrical energy for imgation facilities will
fbrnished by PERMITTEE.
Attention is directed to the provisions in Section 7-1.01,"Laws to be Observed,"
the Standard Specifications concerning water restrictions that may be required
cities and counties.
Precautions shall be taken to prevent water from wetting adjacent propertic
vehicles, pedestrians, and pavement.
If reclaimed water is used, watering shall comply with State of California and loc
health code requirements.
Hours of watering may require adjusting normal working hours due to inadequa
water supply and to prevent wind drift or overspray onto the traveled way ar
adjacent properties.
Attention is directed to the provisions in "Damage Repair" for drought conditio]
and "Existing Irrigation Facilities" for malfimction of irrigation systems elsewhe
in these Landscape Maintenance Provisions.
22b.
22c.
22d.
22e.
22f.
23. FERTILIZING.--Two applications of commercial fertilizer shall be applied k
PERMITTEE to trees, shrubs, vines and ground cover during each 12-month period of th
agreement when directed each by STATE. Additional commercial fertilizer applicatior
requested by PERMITTEE and approved or ordered by STATE may be made within
12-month period. All applications of fertilizer will be paid for by the PERMITTEE. TI
frequency of application may be modified when directed by the Engineer based in part on
minimum of 2 soil tests performed as directed by the Engineer and paid for by ti
Contractor.
8
EXHIBIT A 0 0 11 -0530 -.
I . 23a. Commercial fertilizer shall be applied to replacement plants at the time
replacement .
Commercial fertilizer shall conform to the requirements of the California Food z
Agricultural Code, shall be in pelleted or granular form, and shall have a minimi
guaranteed chemical analysis of 12 percent nitrogen, 8 percent phosphoric acid s
8 percent water soluble potash.
23b.
23c. Commercial fertiiizer shall be applied at the rate recommended by
manufacturer with a maximum rate of 1/4 pound for each tree, shrub, groundco
and vine and at the rate of 15 pounds per 1,000 square feet for ground cover ar
per application.
Commercial fertilizer applied to ground cover areas shall be spread wit1
mechanical spreader whenever possible.
Immediately following each application, commercial fertilizer shall be watered i
the soil.
23d.
23e.
24. CONTROLLING WEEDS, RODENTS AND OTHER PESTS.--Controlling wec
rodents and other pests shall be performed as often as necessary to maintain the ar
specified below in a neat and uniform condition throughout the life of the contract.
WEED CONTROL.--Weed control shall consist of killing weeds or limiting the heighl 25.
length of weeds. Basins and basin walls shall be kept free of weeds. . ..
25a.
25b.
A weed is any undesirable plant as determined by the Engineer.
Weeds shall be controlled as specified in the Landscape Maintenance Provisi
and as directed by the Engineer in the following areas:
25bl. Within ground cover areas and massed shrub areas and within the ai
extending beyond the outer limits of such areas to the adjacent edge:
shoulders, dikes, curbs, sidewalks, walls, or fences, unless otherwise shc
on the plans.
25b2. Within an area 6 feet in diameter centered at each plant location outsid
ground cover areas.
25b3. Within asphalt concrete and portland cement concrete surfaced a
shown on the plans.
25c. Attention is directed to the section of these Landscape Maintenance Provis
entitled "Existing Planting" in regard to initial inspection of areas in need of M
control.
9
EXHIBIT A 0 0 1 d -0530 -c
4
5
25d. filling weeds shall be performed by hand, with the use of pesticides, or by :
other method approved by Engineer.
25dl. Where weeds are to be pulled by hand they shall be pulled before tl
reach the seed stage of growth or exceed 4 inches in length and disposed
outside the highway right of way, as provided in Section 7-1.13 of
Standard Specifications, on the same day in which they are pulled.
25d2. Limiting the height or length of weeds may be done by mowing, mechani
whipping before weeds reach seed stage or by use of growth regulators.
25d3. Weeds killed by hand shall be removed and disposed of outside
highway right of way as provided in Section 7-1.13 of the Stand
Specifications.
25d4. Where pesticides are used to control weeds, weeds shall be killed befi
they reach the seed stage of growth or exceed 6 inches in length.
25d5. Weeds shall be killed within ground cover areas and within the an
extending beyond the outer limits of such ground cover areas to 1
adjacent edges of shoulders, dikes, curbs, sidewalks, walls and fences.
25d6. Weeds shall be killed within an area 6 feet in diameter centered at e:
plant location and within 4 feet of all fences I. and pafedent outside
ground cover areas.
25d7. Where weeds are not required to be killed, weeds shall be controlled
mowing or controlled by growth regulators.
25d8. Mowing shall not be performed on slopes 3 : 1 or steeper.
25d9. When weeds are to be controlled by mowing, the areas to be mowed SI
be mowed a minimum of 2 times per year when directed by STATE.
.
25d10. Areas to be mowed shall be mowed when weed height exceeds 18 incl
and shall be mowed to 6 inches or less in height.
25dll. If growth regulators are used for weed control they shall be applied befi
weeds exceed 12 inches in height.
25d12. Disposal of mowed material will not be required, unless ordered
STATE. Disposal of mowed material, as ordered by STATE will be p
for the PERMITTEE.
10
. EXHIBIT A 0 0 I 1-0530 '0
4
25413. Dead weed growth which, in the opinion of the Engineer, will interf
with subsequent maintenance of highway planting or become unsightly st
to Section 7- 1.13 of the Standard Specifications.
be removed and disposed of outside the highway right of way as provic
25d14. A preemergent pesticide to control weeds, as provided in "Pesticid
elsewhere in these Landscape Maintenance Provisions, shall be applied
all ground cover areas within the last 3 to 4 months prior to the end of
maintenance period.
26. RODENT AND PEST CONTROL.--Rodents and other pests shall be controlled
prevent damage to irrigation facilities and plants during the life of the contract. Attent
is directed to the provisions in Section 7-1.01l3, "Use of Pesticides," of the Standi
Specifications. Pesticides used to control rodents and other pests shall be approved
STATE prior to application.
PESTICIDES FOR WEED CONTROL.--Pesticides used to control weeds shall confc
following materials:
GI yp hosat e
Diquate
Oxadiazon - 50 percent WP (Preemergent)
Oryzalin (Preemergent) Trifluralin (Preemergent) ..
27.
to the provisions in Section 20-4.026, in this section, pesticide use shall be limited to
27a. CITY may request the use of other pesticides. The written request for the use
other pesticides shall be submitted by PERMITTEE to STATE. Such otl
pesticides shall not be used or applied until PEMTTEE has received writ
confirmation of the STATES review for their use from STATE.
Replacement plants shall be planted at least 30 days and irrigated prior to
application of oxadiazion, oryzalin or trifluralin.
A minimum of 100 days shall elapse between applications of oxadiazon, oryzalin
trifluralin.
27b.
27c.
11
3
'e e 9 11 -0530 EXHIBIT A
28.
d '. LITTER CONTROL.--Litter shall include trash and debris.
28a. Litter as determined by the engineer which is generated by PERMITTE
operations within the limits of work shall be removed and disposed of outside 1
highway right of way as provided in Section 7-1.13 of the Standard Specificatio
Litter generated by PERMITTEE operations shall be removed daily at 1
PERMITTEE'S expense. Liter, except from PERMITTEES operations, will
removed by STATE forces.
Removal of litter shall be performed as often as necessary to present a neat e
clean condition at all times.
28b.
12