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HomeMy WebLinkAbout1996-04-02; City Council; 13587; APPROVAL OF AN AMENDMENT WITH CALTRANS FOR THE MAINTENANCE OF THE PALOMAR AIRPORT ROAD AND I-5 INTERCHANGEc r $3 & >> 3 c & r2 3; z I- o 2 a d 2 3 0 0 Clw OF CARLSBAD - AGEWA BILL -;<C A- y -y w AB # 15; 58 ? TITLE: APPROVAL OF AN AMENDMENT WITH DEPT~ CITY I M'TG . DEPT. ENG CITY I RE COMM EN DED ACT1 0 N : 4/02/96 CALTRANS FOR THE MAINTENANCE OF THE PALOMAR AIRPORT ROAD AND 1-5 INTERCHANGE Adopt Resolution No. y&--/! Q authorizing the Mayor to execute an amend1 Agreement No. 11-0457/A1 with CALTRANS for landscape maintenance at the F Airport Road and Interstate 5 interchange. ITEM EXPLANATION: As part of the construction of the Palomar Airport Road interchange with lnterstat City of Carlsbad was required to execute a maintenance agreement with the C( Department of Transportation (CALTRANS). The original agreement stipulated that would maintain the landscaping portion of the project for a four-year period at whi CALTRANS would take over maintenance responsibilities. Staff has successfully ne! an amendment with CALTWNS which would limit the City's maintenance respons only two years. Under the terms of the two-year maintenance program, the City would takc responsibility for the establishment of the initial landscaping/planting in addition to I maintenance and fertilization. At the end of the two-year period (April 1998), CAI will take over full landscaping and maintenance responsibility. The estimated cost for the required maintenance program are summarized as fol ANNUAL MAINTENANCE (based on level one maintenance*) Labor $28,000 Materials 5,000 Water 12,000 TOTAL ANNUAL LANDSCAPE MAINTENANCE $45,000 REHABILITATION OF EXISTING LANDSCAPE PLAN Replace plant material and planting $30,000 20,000 Replace irrigation material & labor Contingency (25%) 12,500 TOTAL LANDSCAPE REHABILITATION COSTS $62,500 * - Level One maintenance includes weekly weeding, trimming, pesticide apF irrigation, repair and a minimum of twice per week liter control. 0 e Page 2 of Agenda Bill No. / ?,5??l7 The City’s Parks and Recreation Department has been in contact with the Adopt-a- organization in order to coordinate clean-up efforts. A combined program o maintenance may reduce the estimated costs. Therefore, staff is recommending that the Mayor execute the amended agreen CALTRANS for the landscape maintenance for Palomar Airport Road and 1-5. FISCAL IMPACT: Staff has estimated that the maintenance responsibility outlined in the amended ag for the two-year term will cost approximately $152,500. CFD Palomar Airport Road and 1-5 interchange project account. Adequate funds ar( EXHIBITS: I. Resolution No. (?& - j I k? authorizing the Mayor to execute an amenc Agreement No. 11 -0457/A1 with CALTRANS for landscape maintenancc Palomar Airport Road and Interstate 5 interchange. One (1) copy of Amendment to Agreement No. 11-0457/A1. 2. w 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a 0 RESOLUTION NO. 96-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN LANDSCAPE MAINTENANCE AT THE PALOMAR AIRPORT ROAD AMENDMENT TO AGREEMENT NO. 11-0457/A1 WITH CALTRANS FOR AND INTERSTATE 5 INTERCHANGE, WHEREAS, the City of Carlsbad entered into an agreement with the State oi Department of Transportation on January 28,1992 through Cooperative Agreement N for the improvements to the Palomar Airport Road at Interstate 5 Interchange; and WHEREAS, the City of Carlsbad desires to amend the existing agreement wit to revise the time frame for maintenance responsibilities from 4 years to 2 years; an WHEREAS, there are adequate funds in the CFD Palomar Airport Road and I interchange construction account; and WHEREAS, the Ctty Council of the City of Carlsbad hereby finds it necessary and in the publics interest to amend the Cooperative Agreement No 11-0457. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the above recitations are true and correct. 2. That the amended Cooperative Agreement No. 1 1 -0457lA1 between the St; City of Carlsbad is hereby approved and the Mayor and City Clerk are hereby authc directed to execute said amended agreement. 3. That the Finance Director is authorized to transfer $152,500 from the CFI Airport Road and Interstate 5 construction account to a landscaping maintenance a( fff I/1 111 //I Ill Ill I ? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m 0 4. The City Clerk is authorized to forward the four (4) signed vellum original as and a certified copy of this resolution to Mr. David V. Moody, Cooperative Ag CALTRANS, District 11, P.O. Box 85406, San Diego, CA 921 86-5406. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Ct held on the 2nd day of APRIL , 1996 by the following vote, to wi AYES: NOES: None ABSENT: None Council Members Lewis, Nygaard, Kulchin, Finnila, Hall ATTEST: ALETHA L RAUTENKRANZ, city CIek (SEAL) e e ' 8000 11-SD-5 P. M. R46.6/R47.9 EA 11348-153911 District Agreement No. 11- Palomar Airport Road AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT, ENTERED INTO ON between the STATE OF CALIFORNIA, acting by and through : Department of Transportation, referred to herein as STATE, and CITY OF CARLSBAD, a body pClitiC z a municipal corporation of the St; of California, referred to herein ' CITY ' . RECITALS 1. The parties hereto entered into an Agreement (identified bc as Document No. 8000 and District Agreement No. 11-0457) January 23, 1992, said Agreernent defining the terms E conditions relative to parries cooperacing 'to perform proje aevelopment and lmplementation of State Highway improvener consisting of constructing a new interchange on Interst; Route 5 at Palonar Airport Road, referred to herein 'PROJECT'. 2. It has been decided to change the duration of CIT> maintenance of the completed project from four years to t years. IT IS THEREFORE MUTUALLY AGREED: 1. Article 9 of Section I1 of the Original Agreement is no lonc in force and is deleted. Article 9a is added to Section I1 of the original Agreement to read: 2. CITY will assuiile maintenance and the expense thereof all the landscape work on PROJECT for a period of two ( years. Said maintenance period shall commence wj approval of this amendment. Maintenance Standar incorporated in the original Agreement as Exhibir S 2 still in force. 1 8 0 8000 11-04!57/ 3. The other terms and conditions of said Agreement (Docume 4. No. 8000) shall remain in full force and effect. This Amendment to Agreement is hereby deemed to be a part Document No. 8000. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation CITY OF CARLSBAD BY Office Chief-Engineering BY Approved as to form and procedure: Attest: w Attorney City Clerk Department of Transportation Certified as to funds and procedures: Accounting Administrator Approved I hereby certify upon my own personal k thatbudgeteal funds are available fort1 and purpose of payment to STATE, stipu the above Agreement’: I il ,,pi -,I J/$-q / ‘\ i L- \ 1 , ;I L. 1 \/-/ 1 s District Resource Manager Financi.-~~~a.g--edte’nt Directo: / 2 0 0 .- -7 \' * 11-SD. R46.6/R47 11203-1539: Agreement No. 11-04! Palomar Airport ROi COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON JDnug/ 7 Z-C. ~43 is between tl STATE OF CALIFORNIA, acting by and through its Department ( Transportation, referred to herein as "STATE", and CITY OF CARLSBAD, a bo( politic and a municipi corEoration of the STATE ( California, referred to here. as *lCITYI1 RECITALS (1) STATE and CITY contemplate constructing State Highwi improvements consisting of widening the overcrossing on Roui 5 at Palomar Airport Road, referred to herein as I1PROJECTI1 STATE is authorized to do all acts necessary, convenient ( proper for the construction or improvement of all highwa! under its jurisdiction, possession or control: (3) CITY is authorized to plan, design, acquire right of way ai construct projects on the State Highway System; (4) STATE and CITY do mutually desire to jointly participate . the construction of PROJECT and desire to specify herein tl terns and conditions under which PROJECT is to be constructec financed and maintained. (5) The purchase of right of way, the handling of utili1 relocation, and preliminary and design engineering for PROJE( have been subjects of separate prior Cooperative Agreement2 (6) An Amendment, A/1, to the design Cooperative Agreement, Nc 11-0378, for PROJECT to include seismic retrofitting of tl existing structure was executed on October 22, 1991- STA! will bear the entire expense for retrofit work. (2) -.- - -. 0 0 11-04 SECTION I STATE AGREES: (1) To provide all labor, materials, tools and equipment perf om services for PROJECT, including contra administration, inspection, materials testing and such othc construction engineering as may be required for satisfactoi completion of PROJECT. (2) At no cost to CITY, to provide those STATE services includc in STATE'S oversight responsibility for construction ( PROJECT in accordance with the provisions of STATE'S Polic and Procedure Memorandum No. P90-01. (3) To pay all costs incurred to install seismic retrofitting c existing structures. (4) To construct PROJECT by contract in accordance with plans ar specifications prepared by CITY and approved by STATE. (5) To issue, upon proper written application by CITY or it contractor, an encroachment permit authorizing entry ont STATE'S right of way to perform required landscap maintenance. (6) To establish separate PROJECT accounts to accumulate charge for all costs to be paid for by CITY pursuant to thi Agreement. (7) To submit an initial billing in the amount of $550,000 t CITY, immediately following STATE'S bid advertising date of construction contract for PROJECT. Said initial billing t represent CITY'S initial deposit for two months estimated cos of STATE services and for one month estimated constructiol cost. (8) Thereafter, to prepare and submit monthly billing statement! for estimated expenditures for construction and STATE service: proceeds. one month in advance to CITY, as construction of PROJEC' (9) To consult with CITY on all change orders with an estimatec cost of over $50,000 before implementation, except wher necessary for the safety of motorists and/or pedestrians 01 for the protection of property. 2 < .* - . 0 0 11-04: (IO) To provide CITY quarterly reports of actual expenditurc compared to the monthly advances made by CITY and to provic updated planned reimbursement schedules. The cash depos. amounts may by revised based on the updated plannc expenditure schedules. STATE will monitor the actual versi the planned expenditures monthly to assure that CITY f s advanc deposits pursuant to Section 11, Articles 4 and 5, will alwa] be sufficient. Upon completion of PROJECT and all work incidental thereto, 1 furnish CITY with a detailed statement of the total actui costs of construction and STATE services for PROJEC' including the costs of any contract claims which have bel allowed to the construction contractor. STATE thereaftc shall refund to CITY (promptly after completion of STATE audit) any amount of CITY'S deposits and payments STATE . holding after actual costs to be borne by CITY have bet deducted, or to bill CITY far any additional amount requirc to complete CITY'S financial obligations pursuant to th Agreement. (11) SECTION I1 CITY AGREES: (1) To bear 100 percent of the total actual construction cost ( PROJECT, excluding construction cost of seismic retrofitti] for existing structure, estimated to be $7,800,000, includii the cost of STATE-furnished materials, supplemental worl change orders, contract claims paid to the constructic contractor, and the cost of STATE'S defense of a: PROJECT-related claims which may be filed by said contracto: The actual construction costs of PROJECT shall be determinc after completion of all work and upon final accounting c costs - (2) To bear 100 percent of the actual cost of STATE services fc PROJECT, excluding STATE senices for seismic retrofit worl estimated to be $1,053,000. Said costs of STATE service shall include costs of providing personnel resources and the: equipment and all direct and indirect costs (functional ai administrative overhead assessment) attributable to such WOI applied in accordance with STATE'S standard accountii procedures, except those costs which are determined to 1 included in STATE'S oversight responsibility. The actual co: of STATE services for PROJECT shall be determined aft! completion of all work and upon final accounting of costs. 3 0 0 11-04? (3) CITY'S initial total obligation for the costs of constructic and STATE'S services is $8 , 853 , 000. This amount is subject t increase to cover the costs of utility protection, relocatic or removal as provided in Article (12) of Section I11 of thj Agreement. The total obligation may also be adjusted t reflect costs which differ from the initial estimated totz costs of construction and STATE services. Any increase j total obligation will be subject to the vote of CITY, tl certified results of which will be incorporated by referenc amendment. into this Agreement without the necessity of a writtc To deposit with STATE within 20 working days of receipt ( (4) billing therefor (which billing will be forwarded immediate: following STATE'S bid advertising date of a constructic contract for PROJECT ), the amount of $550,000. Said figui represents the estimated initial deposit for two montl estimated cost of STATE services and one month estimatc construction cost for PROJECT, as shown on Exhibit "2 attached and made a part of this Agreement. To deposit with STATE not later than 10 working days precedir the beginning of each month, the estimated expenditures fc that month and to continue making such advance deposits on monthly basis until PROJECT completion. To pay STATE upon completion of all work and within 25 workir days of receipt of a detailed statement made upon fin: accounting of costs therefor, any amount over and above tf aforementioned deposits and payments required to complet (5) (6) CITY I s financial obligation pursuant to this Agreement. (7) STATE'S construction contract claims process will be used : consultation with CITY. CITY shall abide by the outcome ( said process. Upon completion of work under this Agreement, CITY will assu maintenance and the expense thereof for any part of PROJE( located outside of current STATE right of way until acceptanc of any such part of PROJECT into the State highway system 1 STATE, approval by the Federal Highway Administration, : required, and conveyance of acceptable title to STATE. Upon completion of the PROJECT construction contract by STAT1 CITY will assume maintenance and the expense thereof of a1 the landscape work on PROJECT, for a period of four (4) year: Maintenance Standards are attached to this Agreement ax incorporated herein by reference as Exhibit tlBtt. (8) (9) 4 e e 11-04: (10) To make written application to STATE or to have CITY contractor make written application to STATE for necessai encroachment permits authorizing entry onto STATE'S right ( way to perform required landscape maintenance. Permits wi: be issued in accordance with STATE'S standard perm. procedures. SECTION I11 IT IS MUTUALLY AGREED AS FOLLOWS: (1) All obligations of STATE under the terms of this Agreement a subject to the appropriation of resources by the Legislatu and the allocation of resources by California Transportati Commission. (2) Should any portion of PROJECT be financed with Federal fun or State gas tax funds, all applicable laws, rules a policies relating to the use of such funds shall app notwithstanding other provisions of this Agreement. STATE'S goals for utilization of Minority and Women's Busine Enterprise (MBE and WBE) will be included in the constructi contract. The contract goals will be based on a technic analysis of contract items and certified MBE/W subcontractors in the area. STATE will award PROJECT to t lowest responsible bidder who meets the goals or who made, the sole judgment of STATE, a good faith effort to do so. (4) STATE shall not advertise for bids to construct PROJECT unt after this Agreement is executed by both parties theret STATE shall also not advertise for bids to construct PROJE until CITY delivers to STATE control and/or possession rights of way, free and clear of all encumbrances detriment to STATE'S present and future uses at a time of CITY certification of rights of way ready for constructio Acceptance of said title by STATE is subject to a review of Policy of Title Insurance in STATE'S name to be provided a paid by CITY. (5) STATE shall not award a contract to construct PROJECT unt after receipt of CITY'S deposit required in Article (4) Section 11. If, after opening bids for PROJECT and if bids indicate a co overrun of no more than 10% of the Engineer's Estimate wi occur, STATE may award the contract, except that immediate after opening of bids, STATE and CITY may conduct a joi review of the bid item prices if so requested by CITY. (3) (6) 5 0 e 11-04! (7) If CITY does not agree with the aforementioned bid itc prices, CITY may terminate this Agreement within 25 days ( the opening of bids pursuant to the provisions of Article (I of this Section 111. (8) If upon opening of bids for PROJECT, it is found that a co: overrun exceeding 10% of the Engineer's Estimate Will occu: after 15 days, a course of action is not agreed upon, th Agreement shall be deemed to be terminated by mutual cmse: pursuant to Article (10) of this Section 111. STATE and CITY shall consult upon a course of action, I (9) Prior to award of the construction contract for PROJECT, CI' may terminate this Agreement, in writing, provided that CI' pays STATE for all PROJECT related costs, excluding cos related to seismic retrofitting, incurred by STATE, und terms of this Agreement. (10) If termination of this Agreement is by mutual consent, CI will bear 100 percent of all PROJECT related costs, excludi costs related to seismic retrofitting, incurred by STA pursuant to this Agreement. (11) After award of the construction contract far PROJECT, shou CITY, after a request by STATE, not authorize funding beyo the amounts stated in Articles (I), (2), (3) and (5) Section I1 above, STATE shall insure that all operati roadways are in a safe and satisfactory permanent operati condition and then shall cease work on PROJECT. Addition costs incurred in excess of payments made will be billed a subject to payment by CITY within thirty (30) days or STAT acting through the State Controller, may withhold an equ amount from future apportionments due CITY from the Highw User Tax Fund. (12) If, during PROJECT construction, any unforeseen conflict wi existing public and/or private utilities occur, or there is significant change required in any approved utility relocati plan, then the provisions of STATE'S current Standa Specifications Section 8-1.10 (Utilities and Non-Highw Facilities) shall apply. (13) In the construction of PROJECT, CITY may, at no cost to STAT furnish a representative, if it so desires. Sa representative and STATE'S Engineer will cooperate and consu with each other, but the decisions of STATE'S Reside Engineer shall prevail as final, binding and conclusive in a matters concerning the PROJECT construction contract. 6 0 0 11-045 (14) Upon completion and acceptance of the PROJECT constructio contract by STATE, STATE will accept control of and maintain at its own cost and expense, those portions of PROJECT lyir within STATE'S right of way, except local roads delegated t CITY for maintenance and landscape maintenance pursuant t Article 9, Section I1 of this Agreement. (15) CITY will accept control and maintain, at its own cost ar expense, the portions of PROJECT lying outside the STATE' right of way. Also, CITY will maintain, at CITY expense local roads within STATE'S right of way delegated to CITY fc maintenance. (16) If CITY fails to maintain said landscaping, per Section I1 Article 9, STATE shall give CITY written notice thereof. I CITY fails to maintain said landscaping within thirty (3C days from receipt of written notice thereof from STATE, STA7 will perform or cause to be performed sufficient maintenanc to preserve the landscaping; the cost of which shall be paj by CITY within ninety (90) days of billing. (17) STATE will maintain the traffic control signal system ar safety lighting as installed at the ramp terimini. STATE' share of the maintenance and electrical energy costs at tl respective locations will be 50%. CITY shall reimburse STAY for CITY Is proportionate share of the said maintenance ar electrical energy costs at the two new locations. CITY' share will be an amount equal to 50% at each location. (18) STATE will operate the traffic control signals as installt and pay 100% of the operation cost. (19) Upon completion of all work under this Agreement, ownersh: and title to materials, equipment and appurtenances which ai installed within STATE'S right of way will automatically 1 vested in STATE, and materials, equipment and appurtenancc which are installed outside of STATE'S right of way will 1 vested in CITY. No further agreement will be necessary 1 transfer ownership as hereinabove stated. (20) Neither STATE nor any officer or employee thereof shall 1 responsible for any damage or liability occurring by reason ( anything done or omitted to be done by CITY under or : connection with any work, authority or jurisdiction delegatc to CITY under this Agreement. It is also agreed thal pursuant to Government Code Section 895.4, CITY shall ful: indemnify and hold STATE harmless from any liability imposc for injury (as defined by Government Code Section 810.1 occurring by reason of anything done or omitted to be done 1 7 0 0 11-045 CITY under or in connection with any work, authority o jurisdiction delegated to CITY under this Agreement. (21) Neither CITY nor any officer or employee thereof, shall b responsible for any damage or liability occurring by reason o anything done or omitted to be done by STATE under or i connection with any work, authority or jurisdiction delegate to STATE under this Agreement. It 1s also agreed that pursuant to Government Code Section 895.4, STATE shall full indemnify and hold CITY harmless from any liability impose for injury (as defined by Government Code Section 810.€ occurring by reason of anything done or omitted to be done f: STATE under or in connection with any work, authority c jurisdiction delegated to STATE under this Agreement. (22) No alteration or variation of the terns of this Ayreemen shall be valid unless made in writing and signed by th parties hereto and no oral understanding or agreement nc incorporated herein shall be binding on any of the partie hereto. Except as otherwise provided in Articles (9) and (10) of thi Section 111, those portions of Agreement pertaining to tk construction of PROJECT shall terminate upon completion ar acceptance of the PROJECT construction contract by STATE, c on December 31, 1995, whichever is earlier in time. Howevei the ownership and maintenance clauses shall remain in effec until terminated or modified in writing, by mutual agreement (23) 8 0 0 - 11-045 Should any claim arising out of the contract to construc PROJECT be asserted against STATE, CITY agrees to extend tl: termination date of this Agreement and provide fundinq subject to CITY'S governing body budgeting sufficient funds t cover CITY'S share of costs, or execute a subsequent agreemer to cover those eventualities. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Diremr portbtion k& ,T~~<&p-- Attest: (&.&-?A .J ,g&&A By;' Chief Deputy Distridk Director L City Clerk and Procedure: o-&2sG? L RONALD R. BALL, Acting City Att 9 CITY TYPE OF CONSTRUCTION FUNDS Interchange Improvements $7,800,000 Seismic Retrofit -- Construction Cost * $7,800,000 Construction Engineering - +13.5% (SERVICES) $1,053,000 Total Project Cost $8,853,000 STATE TOTAL F"DS COST -- $7,80O,OOC $160,000 160,OOC I $160,000 $7,960, 0OC $ 22,000 $1,075, OOC $182,000 $9,035,00( ~~ 0 0 1. Exhibit "1 Maintenance standards These Standards allow the CITY to establish and maintain plantinc as outlined herein, within the PROJECT limits. A written authorization from the State Permit Office, District 1. shall be required prior to changing any condition set forth . these Maintenance Standards. The work to be done consists, in general, of maintaining highw planting and maintaining irrigation systems installed under PROJE construction contract. The duration of this maintenance peri shall be 1460 days, to commence upon written approval by STATE the PROJECT construction contract. The CITY will be required to adequately water plants; repla unsuitable plants: replace dead or missing plants, and to do wee rodent and other pest control, as determined necessary by STATE In order to accomplish the maintenance work, CITY shall furni sufficient personnel and adequate equipment to perform the wo during the maintenance period. GENERAL Maintaining highway planting work shall include, but not be limit to, inspecting, checking and repairing irrigation facifitie testing and certifying backflow preventers: inspecting a replacing plants: repairing plant basins: watering plant controlling weeds, rodents and other pest: and furnishing a applying pesticides and fertilizer. PLANS Plans for this project entitled "Planting and Irrigation1# show t limit of work and areas where maintaining highway planting is to performed. Plans will be from PROJECT "record" plans as approv reference only. The irrigation facilities and planting shown the plans may differ from actual field Itas built" locations a conditions. by STATE upon completion of PROJECT construction and are f TESTING BACKFLOW PREVENTERS Backflow preventers shall be tested for proper operation by certified Backflow Preventer Tester. The tester shall hold a val certification as a Backflow Preventer Tester from the county which ~ the device to be tested is located or: if the county does n 1 0 0 .. .- - have a certification program for Backflow Preventer Testers, th tester shall have a certificate from one of the following: 1. The University of Southern California Foundation fo Cross-Connection Control and Hydraulic Research. 2. The American Water Works Association. 3. A county which has a certificate program for Backflo Preventer Testers. Testing for proper operation shall conform to the provisions of th county in which the testing is being performed or, if SUC procedures are not available, such tests shall conform to th provisions in the latest edition of the Cross-Connection Contra Procedures and Practices manual, which is available from th California Department of Health Services, Sanitary Engineerin Branch, Sacramento, CA 95814. Backflow preventers shall be tested initially at the beginning o months thereafter. If more than 6 months have passed since th last testing, the backflow preventers shall be tested during th last month prior to the completion of maintenance period. CITY shall notify STATE Maintenance at least 7 days prior t testing backflow preventers. One copy of all test results for each backflow preventer shall 3: furnished to STATE Maintenance. Repair of backflow preventers will be at CITY'S expense. the maintenance period and then retested approximately every 1 CHECKING. REPAIRING AND OPERATING IRRIGATION SYSTEMS Checking and repairing of irrigation systems shall include, but nc be limited to, checking, adjusting and repair or replacement c valves, valve boxes, sprinklers, risers and swing joints, wq strainers, valve and filter assembly units, and irrigatic controllers. Irrigation facilities that malfunction, are damaged missing or failed to operate, shall be repaired or replaced Replacement of sprinklers, risers and swing joints that are damage or missing and repair of irrigation controllers that malfunctic will be at CITY'S expense. CITY shall be responsible for water meters, booster pumps, pi1 supply lines, conduits and sprinkler control conductors. Ax repair work to these facilities ordered by STATE will be at CI'I expense. Any damage to existing irrigation facilities caused by CITY' operations shall be repaired at the expense of CITY. 2 a 0 -. The irrigation systems shall be operated automatically throughoui the life of the maintenance period. Manual operation will only bc allowed to facilitate such work as plant replacement fertilization, weed control and irrigation repair as permitted b: STATE. CITY shall set and program the irrigation controllers for seasonal water requirements. CITY shall clean, adjust and replacl sprinklers, valves, strainers and filters as necessary. Irrigatio systems shall be operated automatically a minimum of 2 minute every 2 weeks. PLANT REPLACEMENT The spacing requirements for replaced plants shall be as shown o the plans. If the plant to be replaced is mulched, then th replacement plant shall be remulched as shown on the plans. Unless larger plant sizes are shown on the plans, the size o replacement plants shall be one gallon for shrubs, vines an Eucalyptus trees, and 5-gallon for other trees. Replacement plant for ground cover shall be as shown on the plans. Removed plants shall be disposed of outside of the highway right 3 way. Replacement planting of plants that are readily available nurser stock plants shall be completed within 14 days from the date o STATE order to replace such plants. An order to vendors for replacement plants that are not readil available nursery stock plants shall be made by CITY within 10 day from the date of STATE'S order to replace such plants. CITY shal furnish to STATE, within 10 days after ordering plants, a copy o the order to vendors and a statement from the vendors stating, tha the order has been received and accepted, and the date when th ordered plants will be shipped. PRUNING Plants installed under PROJECT shall be pruned when ordered b STATE or determined necessary by CITY for such horticultura purposes as mitigation for the effects of cold, heat, desiccatin winds or pest control. Such ordered pruning will be paid by CITY Plants shall be pruned as determined necessary by STATE fo visibility improvement purposes or which may become damaged b vehicular traffic from the roadway. Ground cover plant growth which extends to the edge of shoulders sidewalks, curbs or dikes, or to within 2 feet of guardrails walls, fences, trees or shrubs shall be killed or removed 2 fee back of shoulders, sidewalks, curbs or dikes, or 4 feet back o 3 0 0 guardrails, walls, fences, trees or shrubs by pruning or 1 pesticides. Ground cover also shall be kept removed from withi the basins, including the basin walls, and from planting are? within header boards. Vines next to fences or walls shall be kept tied to the fences. REPAIRING PLANT BASINS Planting basins if utilized shall be kept well formed and in go( repair, including silt removal and shall be repaired as often z necessary to provide sufficient containment of water for healtl basin repair shall include replacing the mulch. Plant basins may be temporarily modified during the wet season t prevent plant and basin damage due to excessive water. plant growth. If plants were mulched prior to basin damage the WATERING AND FERTILIZING All planting to be maintained shall have water applied at the rat and as frequently as necessary to maintain healthy plant growth ar mitigate the effects of cold, heat or desiccating winds or recer pruning operations. Water conservation shall be practiced at al times. Excessive use of water resulting in runoff will not E allowed. Water for maintaining plants and electrical energy for irrigatio facilities will be furnished by CITY. Precautions shall be taken to prevent water from wetting adjacen properties, vehicles, pedestrians, and pavement. If reclaimed water is used, watering shall comply with State o California and local health code requirements. Hours of watering may require adjusting normal working hours due t drought requirements, water supply fluctuations due to adj acen watering, inadequate water supply and to prevent wind drift o overspray onto the traveled way and adjacent properties. Areas which are known by CITY to have high frequencies of vandalis shall be checked by CITY prior to each watering to reduc. possibility of water damage or waste due to broken systems. Two applications of commercial fertilizer shall be applied by CIT to trees, shrubs, vines and ground cover during each 12-montl period of this agreement when directed by STATE. Additiona. commercial fertilizer applications requested by CITY and approvec or ordered by STATE may be made within a 12-month period. Al. applications of fertilizer will be paid for by CITY. 4 e 0 Commercial fertilizer shall be applied to replacement plants at th time of replacement. Commercial fertilizer shall conform to the requirements of th California Food and Agricultural Code, shall be in pelleted a granular form, and shall have a minimum guaranteed chemica analysis of 12 percent nitrogen, 8 percent phosphoric acid and percent water soluble potash. Commercial fertilizer shall be applied at the rate recommended I: the manufacturer with a maximum rate of 1/4 pound for each tree shrub, shrub ground cover and vine and at the rate of 15 pounds pe 1,000 square feet for ground cover areas per application. Commercial fertilizer applied to ground cover areas shall be sprea with a mechanical spreader whenever possible. Immediately following each application, commercial fertilizer shal be watered into the soil. - WEED CONTROL Controlling weeds shall be performed as often as necessary t maintain the areas in a neat and uniform condition throughout th life of the maintenance period, Weed control shall consist of killing weeds or limiting the heigh or length of weeds. Basins and basin walls shall be kept free c weeds. Weeds shall be controlled as specified in the following a- Leas : 1. Within ground cover areas and within the areas extendin beyond the outer limits of such ground cover areas to th adjacent edges of shoulders, dikes, curbs, sidewalks walls, or fences, unless otherwise shown on the plans. Within an area 6 feet in diameter centered at each plan location outside of ground cover areas, except for line and seedling plant locations which shall be weeded withi an area 2 feet in diameter. Killing weeds shall be perforned by hand, with the use c pesticides, or by any other method approved by STATE. Where weeds are to be pulled by hand they shall be pulled befor they reach the seed stage of growth or exceed 4 inches in lengt and disposed of outside the highway right of way. Limiting the height or length of weeds may be done by mowing mechanical whipping before weeds reach seedstage or by use a growth regulators. 2. e 5 a 0 Where pesticides are used to control weeds, weeds shall be kill( length. Where weeds are not required to be killed, weeds shall 1 controlled by mowing or controlled by growth regulators. Mowing shall not be performed on slopes 3:l or steeper. When weeds are to be controlled by mowing, the areas to be mow shall be mowed a minimum of 1 time per year when directed by STAT Areas to be mowed shall be mowed when weed height exceeds 18 inch and shall be mowed to 6 inches or less in height. If growth regulators are used for weed control they shall applied before weeds exceed 12 inches in height. Disposal of mowed material will not be required, unless ordered STATE. Disposal of mowed material, as ordered by STATE will paid for by CITY. Dead weed growth which, in the opinion of STATE, will interfe with subsequent maintenance of highway planting or become unsight or a fire hazard shall be removed and disposed of outside t highway right of way. A preemergent pesticide to control weeds shall be applied to a ground cover areas within the last 3 to 4 months prior to the e of the maintenance period. Pesticides used to control weeds shall be limited to the followi materials: w before they reach the seed stage of growth or exceed 6 inches Glyphosate Dipate Cacodylic Acid Fluazifop oryzalin (Preemergent) Diphenamid (Preemergent) Trifluralin (Preemergent) Ammonium Sulfate Chlorflurecol-Methyl (Growth regulator) Melfluidide (Growth regulator) CITY may request the use of other pesticides. The written reque for the use of other pesticides shall be submitted by CITY . STATE. Such other pesticides shall not be used or applied unt CITY has received written confirmation of the STATE'S review fi their use from STATE. Growth regulators shall not be applied within 6 feet of tree shrubs or vines. Oxadiazon - 50 percent WP (Preemergent) 6 . 0 0 1. ; .- - Replacement plants shall be planted at least 30 days and irrigatE prior to the application of oxadiazon, or oryzalin, diphenamid c trifluralin. Ammonium sulfate shall be used only in areas with Carpobrotus c Delosperma. A minimum of 100 days shall elapse between applications ( oxadiazon, oryzalin, diphenamid or trifluralin. I RODENT AND PEST CONTROL Rodents and other pests shall be controlled to prevent damage a irrigation facilities and plants. Pesticides used to contrl rodents and other pests shall be approved by STATE prior . application. LITTER CONTROL Litter shall include trash and debris. Litter as determined STATE which is generated by CITY'S operations shall be remov daily and disposed of outside the highway right of way, at CITY expense. BRUSH CLEARING Native brush control shall not be performed outside of those are as specified under WEED CONTROL of these Standards. 7 < - 1 2 3 4 5 6 7 a 9 10 I’ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 9 2 - 4 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION AND MAINTENANCE OF THE PALOMAR AIRPORT ROAD INTERSTATE 5 INTERCHANGE WIDENING AND IMPROVEMENT PROJECT WHEREAS, the Palomar Airport Road - interstate 5 interchange currently o below standards established by the City of Carlsbad Growth Management Program: WHEREAS, the State Department of Transportation and the City at Carisbad c cooperate in the widening and improvement of the interchange; and WHEREAS, the City Council of the city of Carlsbad hereby finds it necessary, d( and in the public interest to enter into an agreement with the STATE to cc improvements to insure that the Growth Management Provision are met: NOW, THEREFORE, BE IT RESOLVED as follows: 1. 2. That the above recitations are true and correct. That the Cooperative Agreement No. 11 -0457 between the STATE and I of Carlsbad is hereby approved and the Mayor and the City Clerk are hereby authoriz directed to execute said agreement. 111 //I I// Ill Ill 111 Ill /I/ If1 c * . 1 2 3 4 5 6 7 8 9 10 11 X 13 3.4 15 16 17 19 l8 20 21 22 23 24 25 26 27 28 e e 3. Following the Mayor’s signature the City Clerk is further authorized and c to forward three copies to Mr. Jesus M. Garcia District Director of DISTRICT 11 Ci Department of Transportation attention Jerry W. Love P.O. Box 85406 San Diego, CA 5406 for final execution. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City held on the 28th day of January 1992 by the following vote, to wit: AYES: Council Members Lewix, Kulchin, Larson, Stanton and NOES: None ABSENT: None fy fl*A ,fa4 @ /// 77 CLAUDE A. LEWIS, ayor ATTEST: R 6?0L%&- ALETHA L. RAUTENKdANZ, City Clerk I (SEAL) I L 0 0 Y % \ STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. .. (:it) (:lc*rk of tlir (;it! (it (~;irIsll;id, (:otirity of Sat) I1ic.p). Stat<* (if (:itlito' It~~t-li> cx.i.tif! tliat I Iiit\x* (~iirri~)iir~d tIw fort-goiilg c(il)y tvitIi til(. orixirliiI Resolution $92-40 I);i.w*(I ;i(lol~t(~l I)! wit1 (:it!. (:otiricil. ;it i~ivc*tirlg tlt(wv)f. ;it tlic tiiiw aittl Iiy tlw v(it(~ tllc ,t:itid. t\.ltic.li orixiii;iI Resolution ....... ..... is 110~ on file. iii III~ olFicr.: tliat the. siirric. coritiiiris :I frill. KAREN R. KUNDTZ, Assistant I. I a..regular...... . . .. , ;I I I( I <YIIT(Y.~ trirrisc.ril)t t I I(W*~I.( II~ i ;iii<I of t fic. ~liolf. t Irt.rc~oI'. \\*itrictss iii>. ~iaiic~ ;ir1(1 tli(* sc.;il ot s;titl (:ity of (::irisI);ici. tIiis 31st (I:i!. of . Januar.~, 1992 I .\I,: \I. 1 Y%J&,. PETE WlLS STATE OF CALIFORNIA - BUSINESS, TRANSP ION AND HOUSING AGENCY . - : DEPARTMENT OF TRANSPORTATION c (619) 688-3210 Voice DISTRICT 11. P.O. BOX 85406. SAN DIEGO 92186-5406 (61 9) 688-2575 TDD December 29, 1995 EWE (6’fg) 688 JAN 0 4 1996 11-SD-5 ENGlNEERlNG E.A. 11348-153911 P.M. R46.6/47.9 DEPARTMENT Agreement No. 11-0457/A Palomar Airport Road Mr. Lloyd B. Hubbs, City Engineer City of Carlsbad 2075 Las Palmas Drive Carlsbad CA 92009-1576 Dear Mr. Hubbs: Enclosed are four (4) vellum originals and one (1) white copy of proposed Amendment to Agreement No. 11-0457/A1, which amends the original Cooperative Agreement No. 11-0457, with thc City of Carlsbad. The Amendment to Agreement changes the City’ original period of responsibility for the landscape maintenancc at the 1-5 interchange with Palomar Airport Road, from 4 years 2 years. If the agreement amendment is acceptable as written, plea arrange for it to be executed and enter the date the document executed on the line provided on the first page. Return the f (4) signed vellum original agreements with certified copies of agreement and signature(s), attached to each vellum copy. Ple keep the white copy for your records. project on schedule, we would appreciate having these document executed and returned to us before February 13, 1996. This cov letter contains important information. Please keep it (or a c if it) with the agreements at all times. the resolution or certified meeting minutes, authorizing the In order to keep this Upon execution by the State, we will return one (I) original, and as many conformed copies as you request. If you have any questions, please contact Mr. Ray Traynor Project Manager, at (619) 688-6738, or the undersigned at (619) 688-3210. Sincerely, DAVID QJfy V. MOODY Cooperative Agr ements Enclosure a * t c b March 21, 1996 TO: CITY CLERK FROM: Associate Engineer Jantz AMENDMENT TO CALTRANS AGREEMENT NO. 11-0457/~1 FOR MAINTENANCE OF n PALQMAR AIRPORT ROAD AND 1-5 INTERCHANGE Attached are four (4) vellum originals and one (1) white copy of proposed Amendment Agreement No. 1 1 -0457/A1 which amends the original Cooperative Agreement No. 11 -0457. 7 amendment is scheduled for an April 2, 1996 Council date. Please hold the amendments for signatures and return to CALTRANS per David Mood attached letter, dated 12/29/96. We request one original for your files and one conformed cc Steve Jantz. Thanks for your help. Associate Engineer Attachments SJ: brg