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HomeMy WebLinkAbout1996-02-20; City Council; 13525; CITY AND CALTRANS JOINT POWERS AGREEMENT FOR CONSTRUCTION OF LA COSTA AND I-5 INTERCHANGEh * a 9 8 E 8 4 z 0 F= 0 a $ 8 z 3 cw OF CARLSBAD - AGEUA BILL -7:; \ AB # 1; 5x5 TITLE: CITY/CALTRANS JOINT POWERS DEPT. CITY P MTG. 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. i I - e a 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 ” 1 2 3 4 5 6 7 8 9 10 l1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0 0 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 0 e f -. 1' 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. 0 0 >-' . \. 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. 2 e e 5 -_ ~. x- 11-0: 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. 6. 7. 8. 9. 10. 3 0 0 - 11-05 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 3. 4 0 0 t; .. f i. LC, - 11-0 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. 5 0 0 *, . 11-0. 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. 6. 6 0 0 r- .. '- 11-0. 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. 9. 10. 11, 12. 13. 14. 7 r 0 e .2: . . - 11-0 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. 21. 8 e e 4. 4- 1 l-o! 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. 24. 9 0 0 ,. *j 1 l-o! j 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. .. 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. 2 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