HomeMy WebLinkAboutCalifornia, State Of - DOT Dept of Transportation; 1996-02-22; 11-0530, 1 . ‘: t 153298
1 l-SD-5
R43.8lR44.4
11276-196191
Agreement No. 1 l-0530
La Costa Avenue
JOINT POWERS AGREEMENT
THIS AGREEMENT, ENTERED INTO ON FBB/~ y 22,19%, is between the STATE
OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein
as “STATE”, and
CITY OF CARLSBAD, a body politic and
a municipal corporation of the STATE of
California, referred to herein as “CITY”
RECITALS
1.
2.
3.
4.
5.
STATE and CITY contemplate constructing State Highway improvements generally
consisting of but not limited to widening the overcrossing and approaches, signalizing the
ramp termini and adjacent Park and Ride Lot, widening the ramps, and metering the
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 construction
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 the
State Highway System.
STATE and CITY are public agencies authorized under the Streets and Highways Code
and Government Code Sections 6500 et seq. to enter into a joint powers agreement under
which STATE will advertise, award and administer the construction contract and provide
oversight for PROJECT and CITY will provide additional construction services and fund
the cost of construction, contract administration and construction engineering for
PROJECT;
STATE and CITY do mutually desire to jointly participate in the construction of
PROJECT and desire to specify herein the terms and conditions under which PROJECT
is to be constructed, financed and maintained.
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6. The handling of utility relocation, preliminary engineering and design engineering for
PROJECT have been subjects of a separate prior Cooperative Agreement No. 1 l-0424,
Caltrans Document No. 7251, Dated August 21, 1990.
7. STATE has been directed by the California Trade and Commerce Agency to allow CITY
to reallocate an amount of $500,000 of CITY’s funding of other STATE highway
improvements, toward the costs of future I-S/Cannon Road Interchange improvement
project, CALTRANS project number 1 l-059100. STATE is therefore obligated to pay
for certain construction work that CITY would have been required to pay for, as detailed
in the following Article (8) and in Section I, Article (3), of this Agreement.
8. STATE has supplemented CITY’s costs (in an amount of $233,920.00, toward the
California Trade and Commerce Agency‘s set sum of $500,000) through a portion of
construction costs of the I-S/Poinsettia Lane Interchange widening and improvements by
Cooperative Agreement No. 1 l-0469, dated January 11, 1994 and Amendment to
Agreement, No. ll-0469/Al, dated November 15, 1994, STATE Document Number
9163.
SECTION I
STATE AGREES:
1. To provide all labor, materials, tools and equipment for PROJECT, including advertising,
award, contract administration, Resident Engineer, Bridge Representative, material source
inspection, independent assurance and specialty testing, inspection staff and such other
construction engineering as may be required for satisfactory completion of PROJECT,
The services to be provided by STATE, when combined with resources and work to be
provided by CITY, are referred to herein as “SERVICES” for the purpose of determining
CITY share of the cost of SERVICES.
2. At no cost to CITY, to provide those STATE services included in STATE’s oversight
responsibility for construction of PROJECT in accordance with the provisions of Caltrans
Deputy Directive Number: DD-23, Dated June 28, 1994.
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3.
4.
5.
6.
7.
8.
9.
10.
At no cost to CITY, to provide two Ramp Meter Systems (PROJECT Special Provisions,
item numbers 861101 and 861102) and 40% of the Asphalt Concrete (Type B)
(PROJECT Special Provisions, item number 390160). The estimated value of these
items is $286,160.00, which is hereby applied towards the remaining $266,080.00
balance of the Caltrans $500,000 amount obligated by the California Trade and
Commerce Agency.
To construct PROJECT by contract in accordance with plans and specifications prepared
by CITY and approved by STATE.
To issue, at no cost to CITY or its contractor, upon proper written application by CITY
and its contractor, encroachment permits authorizing entry onto STATE’s right of way
to perform required landscape maintenance, to be performed after completion of the
PROJECT work, in accordance with Section II, Articles (10) and (11).
To establish separate PROJECT accounts to accumulate charges for all costs to be paid
for by CITY pursuant to this Agreement.
To submit an initial billing in the amount of $448,300 to CITY, 15 days prior to
STATE’s bid advertising date of a construction contract for PROJECT. Said initial
billing to represent CITY’s initial deposit for two months estimated cost of SERVICES
and for one month estimated construction cost.
Thereafter, to prepare and submit monthly billing statements for estimated expenditures
for construction and SERVICES one month in advance to CITY, as construction of
PROJECT proceeds.
To consult with CITY on all change orders with an estimated cost of over $50,000 before
implementation, except when necessary for the safety of motorists and/or pedestrians or
for the protection of property.
To provide CITY quarterly reports of actual expenditures compared to the monthly
advances made by CITY and to provide updated planned reimbursement schedules. The
cash deposit amounts may be revised based on the updated planned expenditure
schedules. STATE will monitor the actual versus the planned expenditures monthly to
assure that CITY’s advance deposits pursuant to Section II, Articles (5) and (6), will
always be sufficient.
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11. Upon completion of PROJECT and all work incidental thereto, to furnish CITY with a
detailed statement of the total actual costs of construction and SERVICES for PROJECT,
including the costs of any contract claims which have been allowed to the construction
contractor. STATE thereafter shall refund to CITY (promptly after completion of
STATE’s audit) any amount of CITY’s deposits and down payments STATE is holding
after actual costs to be borne by CITY have been deducted, or to bill CITY for any
additional amount required to complete CITY’s financial obligations pursuant to this
Agreement.
SECTION II
CITY AGREES:
1. To provide, at no cost to STATE, qualified support staff and other resources necessary
to accomplish PROJECT construction, including inspection, materials acceptance
sampling and testing, construction staking surveys, and field office facilities and staff,
Said resources provided by CITY shall be coordinated by and under the specific direction
of the STATE’s Resident Engineer.
2. To bear 100 percent of the total actual construction cost of PROJECT [excluding those
items as listed in Section I, Article (3)] which is estimated to be $5,030,000. This
amount includes the cost of STATE-furnished materials, supplemental work, change
orders, contract claims paid to the construction contractor, and the cost of STATE’s
defense of all PROJECT-related claims which may be filed by said contractor. The
actual construction costs of PROJECT shall be determined after completion of all work
and upon final accounting of costs.
3. To bear 100 percent of the actual cost of SERVICES for PROJECT, estimated to be
$623,000. Said costs of SERVICES shall include costs of providing personnel resources,
their equipment, field office and all direct and indirect costs (functional and
administrative overhead assessment) attributable to such work applied in accordance with
STATE’s standard accounting procedures, except those costs which are determined to be
included in STATE’s oversight responsibility. The actual cost of SERVICES for PROJECT shall be determined after completion of all work and upon final accounting
of costs.
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4. CITY’s initial total obligation for the costs of construction and SERVICES is $5,653,000.
This amount is subject to increase to cover the costs of utility protection, relocation or
removal as provided in Article (12) of Section III of this Agreement. The total obligation
may also be adjusted to reflect costs which differ from the initial estimated total costs of
construction and SERVICES. Any increase in total obligation will be subject to the
approval of the CITY Council, the certified results of which will be incorporated by
reference into this Agreement without the necessity of a written amendment.
5. To deposit with STATE within 25 working days of receipt of billing therefor (which
billing will be forwarded 15 days prior to STATE’s bid advertising date of a construction
contract for PROJECT), the amount of $448,300. Said figure represents the estimated
initial deposit for two months estimated cost of SERVICES and one month estimated
construction cost for PROJECT.
6. To deposit with STATE not later than 10 working days preceding the beginning of each
month, the estimated expenditures for that month and to continue making such advance
deposits on a monthly basis until PROJECT completion.
7. To pay STATE upon completion of all work and within 25 working days of receipt of a
detailed statement made upon final accounting of costs therefor, any amount over and
above the aforementioned deposits and payments required to complete CITY’s financial
obligation pursuant to this Agreement.
8. CITY shall reimburse STATE for any additional travel expenses incurred by STATE for
off-site inspection and testing performed by STATE which is more than 300 air line miles
from both Sacramento and Los Angeles.
9. STATE’s construction contract claims process will be used in consultation with CITY.
CITY shall abide by the outcome of said process.
10. Upon completion of work under this Agreement, CITY will assume maintenance and the
expense thereof for any part of PROJECT located outside of current STATE right of way
until acceptance of any such part of PROJECT into the State Highway System by
STATE, approval by the Federal Highway Administration, if required, and conveyance
of acceptable title to STATE.
11. Upon completion of the PROJECT construction contract by STATE, CITY will assume
maintenance and the expense thereof of all the landscape work on PROJECT, for a period
of twenty one (21) months in accordance with Caltrans District 11 Landscape
Maintenance Provisions (11/93), a copy of which is attached to this Agreement and
incorporated herein by reference as Exhibit “A”.
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12. To make written application to STATE and to have CITY’s contractor make written
application to STATE for necessary encroachment permits authorizing entry onto
STATE’s right of way to perform required landscape maintenance, in accordance with
this Section II, Article (1 l), above. Permits will be issued in accordance with STATE’s
standard permit procedures.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
1. All obligations of STATE under the terms of this Agreement are subject to the
appropriation of resources by the Legislature and the allocation of resources by California
Transportation Commission.
2. Should any portion of PROJECT be financed with Federal funds or State gas tax funds,
all applicable laws, rules and policies relating to the use of such funds shall apply
notwithstanding other provisions of this Agreement.
3. STATE’s goals for utilization of Minority and Women’s Business Enterprise (MBE, WBE
and DVBE) will be included in the construction contract. The contract goals will be
based on a technical analysis of contract items and certified MBE/WBE/DVBE
subcontractors in the area. STATE will award PROJECT to the lowest responsible bidder
who meets the goals or who made, in the sole judgment of STATE, a good faith effort
to do so.
4. STATE shall not advertise for bids to construct PROJECT until after this Agreement is
executed by both parties thereto. STATE shall also not advertise for bids to construct
PROJECT until CITY delivers to STATE control and/or possession of rights of way, free
and clear of all encumbrances detrimental to STATE’s present and future uses at a time
of CITY’s certification of rights of way ready for construction. Acceptance of said title
by STATE is subject to a review of a Policy of Title Insurance in STATE’s name to be
provided and paid by CITY.
5. STATE shall not award a contract to construct PROJECT until after receipt of CITY’s
deposit required in Article (5) of Section II.
6. If, after opening bids for PROJECT, if bids indicate a cost overrun of no more than 10%
of the Engineer’s Estimate will occur, STATE may award the contract, except that
immediately after opening of bids, STATE and CITY may conduct a joint review of the
bid item prices if so requested by CITY.
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7. If CITY does not agree with the aforementioned bid item prices, CITY may terminate this
Agreement within 25 days of the opening of bids pursuant to the provisions of Article (9)
of this Section III.
8. If upon opening of bids for PROJECT, it is found that a cost overrun exceeding 10% of
the Engineer’s Estimate will occur, STATE and CITY shall consult upon a course of
action. If, after 15 days, a course of action is not agreed upon, this Agreement shall be
deemed to be terminated by mutual consent pursuant to Article (10) of this Section III.
9. Prior to advertising of bids of the construction contract for PROJECT, CITY may
terminate this Agreement, in writing, provided that CITY pays STATE for all PROJECT
related costs.
10. If termination of this Agreement is by mutual consent, CITY will bear 100 percent of all
PROJECT related costs.
11. After award of the construction contract for PROJECT, should CITY, after a request by
STATE, not authorize funding beyond the amounts stated in Articles (2), (3), (4), (5) and
(6) of Section II above, STATE shall ensure that all operating roadways are in a safe and
satisfactory permanent operating condition and then shall cease work on PROJECT.
Additional costs incurred in excess of payments made will be billed and subject to
payment by CITY within thirty (30) days or STATE, acting through the State Controller,
may withhold an equal amount from future apportionments due CITY from the Highway
User Tax Fund.
12. If, during PROJECT construction, any unforeseen conflict with existing public and/or
private utilities occur, or there is a significant change required in any approved utility
relocation plan, then the provisions of STATE’s current Standard Specifications Section
8-l. 10 (Utilities and Non-Highway Facilities) shall apply.
13. In the construction of PROJECT, CITY may, at no cost to STATE, furnish a
representative, if it so desires. Said representative and STATE’s Engineer will cooperate
and consult with each other, but the decisions of STATE’s Resident Engineer shall prevail
as final, binding and conclusive in all matters concerning the PROJECT construction
contract.
14. If any unforeseen potential hazardous waste sites are encountered during construction of
PROJECT, STATE and CITY shall meet and confer on a course of action. The
responsibilities and costs for any action shall be covered by amendment to this
Agreement.
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15. Upon completion and acceptance of the PROJECT construction contract by STATE,
STATE will accept control of and maintain, at its own cost and expense, those portions
of PROJECT lying within STATE’s right of way, except local roads delegated to CITY
for maintenance and except for the landscape maintenance period, in accordance with
Section II, Articles (10) and (11) of this Agreement.
16. CITY will accept control and maintain, at its own cost and expense, the portions of
PROJECT lying outside the STATE’s right of way. Also, CITY will maintain, at CITY
expense, local roads within STATE’s right of way delegated to CITY for maintenance
and landscaping within the STATE’s right of way in accordance with this Section III,
Article (15) of this Agreement.
17. If CITY fails to maintain said landscaping, per Section II, Articles (10) and (1 l), STATE
shall give CITY written notice thereof. If CITY fails to maintain said landscaping within
thirty (30) days from receipt of written notice thereof from STATE, STATE will perform
or cause to be performed sufficient maintenance to preserve the landscaping; the cost of
which shall be paid by CITY within ninety (90) days of billing.
18. STATE will maintain the traffic control signal systems and safety lighting as installed at
the ramp termini and the Park and Ride Lot No. 32 intersection with La Costa Avenue.
STATE’s share of the maintenance and electrical energy costs at the ramp termini and
Park and Ride Lot will be 50%. CITY shall reimburse STATE for CITY’s proportionate
share of the said maintenance and electrical energy costs at the three locations. CITY’s
share will be an amount equal to 50% at the ramp termini and the Park and Ride Lot.
The energy costs of the northbound and southbound freeway entrance ramp meters, their
operation and maintenance will be 100% by STATE.
19. STATE will operate the traffic control signal systems as installed and pay 100% of the
operation cost.
20. Upon completion of all work under this Agreement, ownership and title to materials,
equipment and appurtenances which are installed within STATE’s right of way will
automatically be vested in STATE, and materials, equipment and appurtenances which
are installed outside of STATE’s right of way will be vested in CITY. No further
agreement will be necessary to transfer ownership as hereinabove stated.
21. Nothing in the provisions of this Agreement is intended to create duties or obligations to
or rights in third parties not parties to this Agreement or affect the legal liability of either
party to the Agreement by imposing any standard of care with respect to the maintenance
of State highways different from the standard of care imposed by law.
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22. Neither STATE nor any officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be done by CITY under or
in connection with any work, authority or jurisdiction delegated to CITY under this
Agreement. It is understood and agreed that, pursuant to Government Code Section
895.4, CITY shall fully defend, indemnify and save harmless the State of California, all
officers and employees from all claims, suits or actions of every name, kind and
description brought for or on account of injury (as defined in Government Code Section
810.8) occurring by reason of anything done or omitted to be done by CITY under or
in connection with any work, authority or jurisdiction delegated to CITY under this
Agreement.
23. Neither CITY nor any officer or employee thereof, is responsible for any damage or
liability occurring by reason of anything done or omitted to be done by STATE under
or in connection with any work, authority or jurisdiction delegated to STATE under this
Agreement. It is understood and agreed that, pursuant to Government Code Section
895.4, STATE shall fully defend, indemnify and save harmless CITY from all claims,
suits or actions of every name, kind and description brought for or on account of injury
(as defined in Government Code Section 810.8) occurring by reason of anything done or
omitted to be done by STATE under or in connection with any work, authority or
jurisdiction delegated to STATE under this Agreement.
24. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties hereto.
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25. Except as otherwise provided in Articles (9) and (10) of this Section III, those portions
of Agreement pertaining to the construction of PROJECT shall terminate upon
completion and acceptance of the PROJECT construction contract by STATE, or on June
30,2000, whichever is earlier in time. However, the ownership and maintenance clauses
shall remain in effect until terminated or modified in writing, by mutual agreement.
Should any claim arising out of the contract to construct PROJECT be asserted against
STATE, CITY agrees to extend the termination date of this Agreement and provide
funding, subject to CITY’s governing body budgeting sufficient funds to cover CITY’s
share of costs, or execute a subsequent agreement to cover those eventualities.
STATE OF CALIFORNIA
Department of Transportation
JAMES W. VAN LOBEN SELS
Director of Transportation
B Att.st:tz y”-u
Certified as to Funds and Procedure:
District Resource Manager
Approved as tR Farm and Procedure:
Certified as to Funds and Procedure hh Headquarters, ws
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CALTRANS DISTRICT 11
LANDSCAPE MAINTENANCE PROVISIONS
(l/94)
1. DESCRIPTION OF WORK.--The work to be done consists, in general, of maintaining
highway planting and maintaining irrigation systems during the life of this agreement. The
duration of this maintenance period shall be mdays, to commence upon the written
approval by the STATE of the PROJECT construction.
2. The PERMITTEE will be required to adequately water plants; replace unsuitable plants;
do weed, rodent, and other pest control; and perform other work, as determined necessary
by the Engineer, every day during the maintenance period.
3. Irrigation facilities are to be checked and repaired; backfIow.preventers are to be tested;
plants are to be watered, inspected, pruned and replaced; erosion damage and plant basins
are to be repaired; litter, weeds, rodents and other pests are to be controlled; pesticides
and fertilizer are to be furnished and applied; and other work performed as determined
necessary by STATE.”
4. All other work and materials that are required, as specified in the current State of
California, Department of Transportation Standard Specifications Policy and Procedure
No. PS2-9 REVISED “Planting of Transportation Facilities” and these Landscape
Maintenance Provisions shall be performed, provided, placed, constructed, installed,
repaired and replaced. I
5. In order to carxy out the maintaining of highway planting, the PERMITTEE shall furnish
sufficient personnel and adequate equipment to perform the work during the maintenance
period.
6. ORDER OF WORK--Order of work shall conform to the provisions in Section 5-1.05,
“Order of Work,” of the Standard Specifications and these Landscape Maintenance
Provisions.
6a. The first order of work shall be to water the plants and, in the presence of STATE,
inspect the existing irrigation facilities and existing planting areas as provided in
“Existing Irrigation Facilities”, “Existing Planting”, and “Litter Control” elsewhere
in these Landscape Maintenance Provisions.
7. DAMAGE REPAIR.--Attention is directed to Section 7-l. 16, “Contractor’s Responsibility
for the Work and Materials,” of the Standard Specifications and these Landscape
Maintenance Provisions.
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7a. Damage to slopes, plants, irrigation systems and other highway facilities occurring
as result of rain or vandalism shall be repaired when directed by STATE. The cost
of such repairs will be at PERMITTEE expense.
7b. When, as a result of freezing conditions (as defined herein), plants are so injured or
damaged as to render them unsuitable for the purpose intended, as determined by
the Engineer, STATE may order the pruning or removal and replacement of some
or all of the affected plants. The cost of such work will be at PERMITTEE
expense. A freezing condition, for the purpose of this specification, occurs when
the temperature at or near the affected area has been determined by the Engineer
to have been officially recorded below 32-F. and plants have been killed or
damaged to the degree described above.
7c. When, as a result of drought conditions (as defined herein), plants are so injured or
damaged as to render them unsuitable for the purpose intended, as determined by
the Engineer, STATE may order the pruning or removal of some or all of the
affected plants. The total cost of such work will be at PERMITTEE expense.
Any restriction or shutoff of available water shall not relieve PERMITTEE from
performing other contract work. A drought condition occurs when the
Department, or its supplier, restricts or stops delivery of water to PERMITTEE to
the degree that plants died or deteriorated as described above and adjustment of
the watering schedule could not have prevented plant injury or damage. The
Contractor may replace removed plants at its expense after the drought condition
has ended. - . .
7d. Any erosion damage caused by PERMITTEE inadequate maintenance or operation
of irrigation facilities, as determined by the STATE shall be repaired by the
PERMITTEE at their expense.
8. COOPERATION.--Attention is directed to Sections 7-1.14, “Cooperation,” and g-1.10,
“Utility and Non-Highway Facilities,” of the Standard Specifications and these Landscape
Maintenance Provisions.
8a. Work by STATE forces and other contractors within the limits of PROJECT may
be underway or started during the maintenance period. PERMITTEE shall
coordinate its operations with those of the STATE forces and other contractors.
9. MAINTAINING TRAFFIC.--Attention is directed to Sections 7-1.08, “Public
Convenience, “7- 1.09, “Public Safety,” and 12, “Construction Area Traffic Control
Devices,” of the Standard Specifications and to the Section entitled “Public Safety”
elsewhere in these Landscape Maintenance Provisions. Nothing in these Provisions shall
be construed as relieving the PERMITTEE from its responsibility as provided in said
Section 7- 1.09.
9a. No work that would require a lane closure shall be performed.
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9b. Personal vehicles of the PERMITTEE’s employees shall not be parked within the
right of way, except personal vehicles used in lieu of the PERMITTEE’s
equipment. Said vehicles shall be included in the equipment list required in Section
5-l. 10, “Equipment and Plants,” of the Standard Specifications and shall be
marked with permanent or temporary name plates identi@ng the contracting
parties engaged in the work.
9c. Whenever vehicles or equipment are parked on the shoulder within 6 feet of a
traffic lane, the shoulder area shall be closed with fluorescent traffic cones or
portable delineators placed on a taper in advance of the parked vehicles or
equipment and along the edge of the pavement at 25-foot intervals to a point not
less than 25 feet past the last vehicle or piece of equipment. A minimum of 9
cones or portable delineators shall be used for the taper. A C23 (Road Work
Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping
flag tree with flags. The flag tree shall be placed where directed by the Engineer.
MAINTAINING HIGHWAY PLANTING
10. GENERAL.--The work performed in connection with maintaining highway planting shall
conform to the provisions in Section 20, “Erosion Control and Highway Planting,” of the
Standard Specifications and these Landscape Maintenance Provisions.
1Oa. Attention is directed to the provisions in “Order of Work” and “Cooperation’f
elsewhere in these Landscape Maintenance Provision;.
lob. Maintaining highway planting work shall include, but not be limited to inspecting,
checking and repairing irrigation facilities; testing backflow preventers; inspecting,
and replacing plants; repairing plant basins; watering plants; removing litter;
controlling weeds, rodents and other pest; and furnishing and applying pesticides
and fertilizer.
11. LIMIT OF WORK. --The limit of work shall be- considered as the area between the
“Beginning and End of Work” stations and the right of way lines, unless shown otherwise
on the plans.
12. PLANS.--Plans for this project entitled “Planting Plan” and Irrigation Plan” show the limit
of work and areas where maintaining highway planting is to be performed. Plans will be
from the project “as-built” plans as approved by the STATE upon completion of the
project construction and, except for reference made to the plans by these Landscape
Maintenance Provisions, are for reference only. The irrigation facilities and planting
shown on the plans may differ from actual field locations and conditions.
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13. EXISTING IRRIGATION FACILITIES--Existing irrigation facilities shall include all
irrigation on facilities that are located within the limits of work where maintaining highway
planting is to be performed as shown on the plans.
14. INITIAL INSPECTION OF EXISTING IRRIGATION FACILITIES.--All irrigation
systems shall be inspected initially by the PERMITTEE in the presence of STATE for
missing or damaged equipment and for proper operation. Initial inspection shall be
completed within 14 days after starting work unless otherwise permitted in writing by the
STATE.
14a. Any deficiencies to the existing irrigation systems found during the initial
inspection shall be repaired or replaced by PERMITTEE. Such repairs or replacements shall be completed within 14 days after initial inspection unless
otherwise permitted in writing by STATE and will be paid for by PERMITTEE.
15. TESTING BACKFLOW PREVENTERS--Backflow preventers shall be tested for proper
operation by a certified Backflow Preventer Tester.
15a. The tester shall hold a valid certification as a Backflow Preventer Tester from the
county in which the device to be tested is located or, if the county does not have a
certification program for Backflow Preventer Testers, the tester shall have a
certificate from one of the following:
1.
2.
The American Water Works Association. _ -. ;
A county which has a certificate program for Backflow Preventer Testers.
15b. Testing for proper operation shall conform to the provisions of the county in which
the testing is being performed or, if such procedures are not available, such tests
shall conform to the provisions in the latest edition of the Cross-Connection
Control Procedures and Practices manual, which is available from the California
Department of Health Services, Sanitary Engineering Branch, Sacramento, CA
95814.
15c. Backflow preventers shall be tested initially at the beginning of the contract and
then retested approximately every 12 months thereafter. If more than 6 months
have passed since the last testing, the backflow preventers shall be tested during
the last month prior to the completion of establish existing planting.
15d. PERMITTEE shall notifjr STATE at least 7 days prior to testing backflow
preventers.
15e. One copy of all test’results for each backflow preventer shall be furnished to
STATE.
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15f Repair of backflow preventers will be at PERMITTEE’s expense.
16. CHECKING, REPAIRING AND OPERATING EXISTING IRRIGATION
SYSTEMS.--After the initial inspection of the irrigation systems, PERMITTEE shall be
responsible for the routine checking, repairing and proper operation of the irrigation
systems throughout the life of the contract. ,Checking and repairing of irrigation systems
shall include, but not be limited to, checking, adjusting and repair or replacement of
valves, valve boxes, sprinklers, risers and swing joints, and irrigation controllers. Irrigation
facilities that malfimction, are damaged, missing or failed to operate, shall be repaired or,
replaced. Replacement of sprinklers, risers and swing joints that are damaged or missing
and repair of irrigation controllers that malfunction will be at PERMITTEE’s expense.
16a.
16b.
16~.
16d.
16e.
16E
16g.
PERMITTEE shall be responsible for water meters, pipe supply lines, conduits and
sprinkler control conductors. Any repair work to these a facilities ordered by
STATE will be at PERMITTEE expense.
Any damage to existing irrigation facilities caused by PERMITTEE’s operations
shall be repaired at the expense of PERMITTEE.
The irrigation systems shall be operated automatically throughout the life of the
maintenance period. Manual operation will only be allowed to facilitate such work
as plant replacement, fertilization, weed control and irrigation repair as permitted
in writing by the Engineer.
PERMITTEE shall set and program the irrigation controllers for ‘seasonal water .
requirements. PERMITTEE shall clean, adjust and replace sprinklers, valves,
strainers and filters as necessary. Irrigation systems shall be operated
automatically a minimum of 2 minutes every 2 weeks.
Checking and repairing of irrigation systems shall be made within 5 days after any
malfunction or damage.
Any materials required for the replacement or repair of irrigation facilities shall be
made with new materials of comparable quality and shall be reinstalled to the same
standards and criteria as originally installed, as determined by STATE.
Within 7 days of the beginning of the maintenance period, within 7 days of the
installation of any new irrigation controllers, and thirty days prior to end of the
maintenance period instructions shall be given to the Engineer by a qualified
person from the PERMITTEE’s personnel on the use and adjustment of the
irrigation controllers installed.
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16h. All irrigation systems shall be in proper operation at the time the maintenance
work is accepted. Within the last 14 days prior to the end of the maintenance
period; all irrigation systems shall be checked for proper operation in the presence
of STATE. Should repairs be necessary, the repairs shall be made and the systems
rechecked.
16i. PERMITTEE shall maintain a list of all program schedules for each irrigation
controller as currently programmed, including days and length of watering time for
each station and furnish the State a copy of all program schedules prior to start of
irrigation.
17. EXISTING PLANTING.--Existing planting to be maintained shall include all plants that
are located within the limits of work shown on plans to be maintained by the
PERMITTEE.
18. INITIAL INSPECTION OF EXISTING PLANTING AREAS.--All existing planting
areas to be maintained shall be inspected initially by, PERMITTEE in the presence of
STATE, for plants that are dead, missing, diseased or unhealthy, for proper placement and
adjustment of plant stakes and ties, for condition of planting basin and proper depth and
placement of mulch materials for the need of weed control. Determination of the need for
weeding shall conform to the requirements for “Weed Control” elsewhere in these
Landscape Maintenance Provisions. Initial inspection shall be completed within 14 days
after starting work, unless otherwise permitted in writing by the State.
- 18a. Any deficiencies to the existing planting found during the initial inspection,
including the mulching within the limits of the project arid the initial control of
weeds, shall be corrected by PERMITTEE as directed by STATE. Except for
replacement of plants, all other corrections to the planting areas shall be completed
by PERMITTEE within 14 days after initial inspection. All correction work,
ordered by STATE as a result of the initial inspection, will be paid for by
PERMITTEE.
18b. Plant replacement ordered by STATE as a result of the initial inspection, shall
conform to the provisions in “Plant Replacement” elsewhere in these Landscape
Maintenance Provisions.
18~. Attention is directed to the section of these Landscape Maintenance Provisions
entitled “Damage Repair” in regard to erosion damage.
19. PLANT REPLACEMENT.--Replacement and planting of plants shall conform to the
provisions in Section 20-4.07, “Replacement,” and Section 20-4.05, “Planting,” of the
Standard Specifications and these Landscape Maintenance Provisions. The spacing
requirements for replaced plants shall be as shown on the plans. If the plant to be replaced
is mulched, then the replacement plant shall be remulched as shown on the plans.
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20.
19a.
19b.
19c.
19d.
19e.
A plant shall be replaced when ordered by ,the Engineer if more than 50 percent of
its foliage is injured or damage, or has a growth rate which is less than 50 percent
of the most vigorous same species along the right of way in the vicinity of the
project as determined by the Engineer, or has not been properly pruned in
accordance with these provisions as determined by the Engineer, or has not been
properly pruned in accordance with these provisions as determined by the
Engineer.
The size of replacement plants shall be S-gallon for shrubs, 15-gallon for
Eucalyptus trees, and 24-inch box for other trees. Replacement plants for ground
cover shall be one-gallon.
Removed plants shall be disposed of outside of the highway right of way as
provided in Section 7-l. 13, “Disposal of Material Outside the Highway Right of
Way,” of the Standard Specifications.
Replacement planting of plants that are readily available nursery stock plants shall
be completed within 14 days from the date of STATE order to replace such plants.
An order to vendors for replacement plants that are not readily available nursery
stock plants shall be made by PERMITTEE within 7 days from the date of
STATE’s order to replace such plants. PERMITTEE shall furnish to STATE,
within 7 days after ordering plants, a copy of the order to vendors and a statement
from the vendors stating, that the order has been received and accepted, and the
date when the ordered plants will be shipped. . .
PRUNING.--Plants installed by the PROJECT shall be pruned when ordered by the
STATE or determined necessary by the PERMITTEE for such horticultural purposes as
mitigation for the effects of cold, heat, desiccating winds or pest control. Such ordered
pruning will be paid by the PERMITTEE. The STATE may prune plants for visibility
improvement purposes or plants damaged by accidental vehicular traffic by others no
expense to the PERMITTEE. All tree pruning shall conform to the current Pruning
Standards of the Western Chapter of the International Society of Arboriculture and the
National Arborist Association.
20a. Ground cover plant growth which extends to the edge of shoulders, sidewalks,
curbs or dikes, or to within 2 feet of guardrail, walls, fences, trees or shrubs shall
be killed or removed 2 feet back of shoulders, sidewalks, curbs or dikes, or 4 feet
back of guardrail, walls, fences, trees or shrubs by pruning or by pesticides.
Ground cover also shall be kept removed from within the basins, including the
basin walls, and from planting areas within header boards.
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21. REPAIRING PLANTING BASINS.--Planting basins shall be kept well formed and in
good repair, including silt removal and shall be repaired as often as necessary to provide
sufficient containment of water for healthy plant growth. If plants were mulched prior to
basin damage then basin repair shall include replacing the mulch.
21a. Plant basins may be temporarily modified during the wet season to prevent plant
and basin damage due to excessive water.
22. WATERING.-Plants shall be kept watered as provided in Section 20-4.06, “Watering” of
the Standard Specifications. All planting to be maintained shall have water applied at the
rate and as frequently as necessary to maintain healthy plant growth and mitigate the
effects of cold, heat or desiccating winds. Water conservation in accordance with Caltrans
water policies shall be practiced at all times. Excessive use of water resulting in runoff
will not be allowed.
22a.
22b.
22c.
22d.
22e.
22f.
Water for maintaining plants and electrical energy for irrigation facilities wilI be
furnished by PERMITTEE.
Attention is directed to the provisions in Section 7-l.Ol,“Laws to be Observed,” of
the Standard Specifications concerning water restrictions that may be required by
cities and counties.
Precautions shall be taken to prevent water from wetting adjacent properties,
vehicles, pedestrians, and pavement. B . I .
If reclaimed water is used, watering shall comply with State of California and local’
health code requirements.
Hours of watering may require adjusting normal working hours due to inadequate
water supply and to prevent wind drift or overspray onto the traveled way and
adjacent properties.
Attention is directed to the provisions in “Damage Repair” for drought conditions
and “Existing Irrigation Facilities” for malfunction of irrigation systems elsewhere
in these Landscape Maintenance Provisions.
23. FERTILIZING.--Two applications of commercial fertilizer shall be applied by
PERMITTEE to trees, shrubs, vines and ground cover during each 12-month period of this
agreement when directed each by STATE. Additional commercial fertilizer applications
requested by PERMITTEE and approved or ordered by STATE may be made within a
12-month period. All applications of fertilizer will be paid for by the PERMITTEE. The
frequency of application may be modified when directed by the Engineer based in part on a
minimum of 2 soil tests performed as directed by the Engineer and paid for by the
Contractor.
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23a.
23b.
23~.
23d.
23e.
Commercial fertilizer shall be applied to replacement plants at the time of
replacement.
Commercial fertilizer shall conform to the requirements of the California Food and
Agricultural Code, shall be in pelleted or granular form, and shall have a minimum
guaranteed chemical analysis of 12 percent nitrogen, 8 percent phosphoric acid and
8 percent water soluble potash.
Commercial fertilizer shall be applied at the rate recommended by the
manufacturer with a maximum rate of l/4 pound for each tree, shrub, groundcover
and vine and at the rate of 15 pounds per 1,000 square feet for ground cover areas
per application. .
Commercial fertilizer applied to ground cover areas shall be spread with a
mechanical spreader whenever possible.
Immediately following each application, commercial fertilizer shall be watered into
the soil.
24. CONTROLLING WEEDS, RODENTS AND OTHER PESTS.--Controlling weeds,
rodents and other pests shall be performed as often as necessary to maintain the areas
specified below in a neat and uniform condition throughout the life of the contract.
25. WEED CONTROL.--Weed control shall consist of killing weeds or limiting the height or. c * _ length of weeds. Basins and basin walls shall be kept free of wee&i .
25a. A weed is any undesirable plant as determined by the Engineer.
25b. Weeds shall be controlled as specified in the Landscape Maintenance Provisions
and as directed by the Engineer in the following areas:
25bl. Within ground cover areas and massed shrub areas and within the areas
extending beyond the outer limits of such areas to the adjacent edges of
shoulders, dikes, curbs, sidewalks, walls, or fences, unless otherwise shown
on the plans.
25b2. Within an area 6 feet in diameter centered at each plant location outside’of
ground cover areas.
25b3. Within asphalt concrete and portland cement concrete surfaced areas
shown on the plans.
25~. Attention is directed to the section of these Landscape Maintenance Provisions
entitled “Existing Planting” in regard to initial inspection of areas in need of weed
control.
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25d. Killing weeds’shall be performed by hand, with the use of pesticides, or by any
other method approved by Engineer.
25dl.
25d2.
25d3.
25d4.
25d5.
25d6.
2547.
25d8.
25d9.
Where weeds are to be pulled by hand they shall be pulled before they
reach the seed stage of growth or exceed 4 inches in length and disposed of
outside the highway right of way, as provided in Section 7-l. 13 of the
Standard Specifications, on the same day in which they are pulled.
Limiting the height or length of weeds may be done by mowing, mechanical
whipping before weeds reach seed stage or by use of growth regulators.
Weeds killed by hand shall be removed and disposed of outside the
highway right of way as provided in Section 7-l. 13 of the Standard
Specifications.
Where pesticides are used to control weeds, weeds shall be killed before
they reach the seed stage of growth or exceed 6 inches in length.
Weeds shall be killed within ground cover areas and within the areas
extending beyond the outer limits of such ground cover areas to the
adjacent edges of shoulders, dikes, curbs, sidewalks, walls and fences.
Weeds shall be killed within an area 6 feet in diameter centered at each
plant location and within 4 feet of all fences and pavement outside of
ground cover areas.
Where weeds are not required to be killed, weeds shall be controlled by
mowing or controlled by growth regulators.
Mowing shall not be performed on slopes 3: 1 or steeper.
When weeds are to be controlled by mowing, the areas to be mowed shall
be mowed a minimum of 2 times per year when directed by STATE.
25dlO. Areas to be mowed shall be mowed when weed height exceeds 18 inches
and shall be mowed to 6 inches or less in height.
25dll. If growth regulators are used for weed control they shall be applied before
weeds exceed 12 inches in height.
25d12. Disposal of mowed material will not be required, unless ordered by
STATE. Disposal of mowed material, as ordered by STATE will be paid
for the PERMITTEE.
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’ EXHIBIT A 11-0530
132P8 25d13. Dead weed growth which, in the opinion of the Engineer, will interfere
with subsequent maintenance of highway planting or become unsightly shall
be removed and disposed of outside the highway right of way as provided
to Section 7-l. 13 of the Standard Specifications.
25d14. A preemergent pesticide to control weeds, as provided in “Pesticides”
elsewhere in these Landscape Maintenance Provisions, shall be applied to
all ground cover areas within the last 3 to 4 months prior to the end of the
maintenance period.
26. RODENT AND PEST CONTROL.--Rodents and other pests shall be controlled to
prevent damage to irrigation facilities and plants during the life of the contract. Attention
is directed to the provisions in Section 7-l.OlH, “Use of Pesticides,” of the Standard
Specifications. Pesticides used to control rodents and other pests shall be approved by
STATE prior to application.
27. PESTICIDES FOR WEED CONTROL.--Pesticides used to control weeds shall conform
to the provisions in Section 20-4.026, in this section, pesticide use shall be limited to the
following materials:
Glyphosate
Diquate
Oxadiazon - 50 percent WP (Preemergent)
Oryzalin (Preemergent)
Trifluralin (Preemergent) ‘i... . ,‘- .
27a.
27b.
27c.
CITY may request the use of other pesticides. The written request for the use of
other pesticides shall be submitted by PERMITTEE to STATE. Such other
pesticides shall not be used or applied until PERMITTEE has received written
confirmation of the STATE’s review for their use from STATE.
Replacement plants shall be planted at least 30 days and irrigated prior to the
application of oxadiazion, oryzalin or trifluralin.
A minimum of 100 days shall elapse between applications of oxadiazon, oryzalin or _
trifluralin.
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28. LITTER CONTROL.--Litter shall include trash and debris.
28a. Litter as determined by the engineer which is generated by PERMITTEE’s
operations within the limits of work shall be removed and disposed of outside the
highway right of way as provided in Section 7-l. 13 of the Standard Specifications.
Litter generated by PERMITTEE operations shall be removed daily at the
PERMITTEE’s expense. Liter, except from PERMITTEE’s operations, will be
removed by STATE forces.
28b. Removal of litter shall be performed as often as necessary to present a neat and
clean condition at all times.
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WIDEN LA COSTA AVENUE OVERCROSSING PROJECT REPORT
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RESOiiJTION NO. 9278 13298
. . L.2 . . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, i CALIFORNIA;:-REGARDING IMPLEMENTATION OF CALTRANS REQUIRE- MENTS AND PROCEDURES OF PROPOSED PROJECTS TO IMPROVE THE I-5 BRIDGE OVERPASSES AT PAMMAR AIRPORT ROAD, LA COSTA AVENUE. AND POINSETTIA LANE IN THE CITY OF CARLSBAD
WHEREAS, the City Council of the City of Carlsbad
determines it necessary, desirable, and in the.public interest
to formally request assistance and cooperation from the State of
California, Department of Transportation (CALTRANS), to affect
certain improvements to freeway bridge overpasses on Interstate
5 at Palomar Airport Road, La Costa Avenue, and Poinsettia Lane
within the city of Carlsbad; and
WHEREAS, the city Council of the City of Carlsbad
determines it necessary, desirable, and in the public interest
to concur and endorse the implementation of these projects: and
WHEREAS, the City Council of the City of Carlsbad
determines it necessary, desirable, and in the public interest
to formally request CALTRANS to proceed with the necessary
project develdpment process including feasibility studies and
preparation 'of agencyjcooperative agreements to affect these
.'i projects: and -
WHEREAS, the City * Council of the City of Carlsbad
determines it necb'ssary, desirable, and in the public interest
to secure the professional services of competent private
consultants to assist in facilitating and implementing these
projects: and '. I 1 \
WHEREAS, the City Council of the City of Carlsbad
determines it necessary, desirable, and in the public interest
to formally request addition of these project to the State and
CITY OF CARLSBAD RESOLUTION NO. 9278 ATTACHMENT 13A
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13298
regional Tran$portation Improvement Programs: and
WHEREAS, the City Council of the City of Carlsbad ha:
previously formulated a citywide Bridge and Thoroughfare Benefil
District as ' a funding mechanism to accumulate revenue:
specifically intended to facilitate the financing ant
implementation of these projects; and
WHEREAS, the city Council of the City of Car&bad
determines it necessary, desirable, and in the public interest
to continue to explore other potential programs or mechanisms
intended to facilitate the financing and implementation of these
projects;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council of the City of Carlsbad hereby
formally requests the assistance and cooperation from the State
of California, Department of Transportation (CALTRAM), to
undertake feasibility studies and other appropriate work as may
be required, consistent with Federal, State and local standards,
to implement the proposed improvements to the bridge overpasses
on Interstate 5 at Palomar Airport Road, La Costa Avenue, and
Poinsettia Lane within the city of Carlsbad.
3. That the City Council of'the City of Carlsbad hereby
designates the following project priority: I-5 at Palomar
Airport Road, I-5 at La Costa Avenue, X-5 at Poinsettia Lane.
. 4. That the City Council of the City of Carlsbad hereby
concurs and endorses the implementation of these projects.
5. That the City Council of the City of Carl&ad hereby+<
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13208
formally requests CALTRANS to proceed with the preparation of
the necessary project development process including, but not
limited to, feasibility studies, project study reports, and
agency cooperative agreements necessary to facilitate and
implement these projects.
6. That the City Council of the City of Carlsbad hereby
authorizes and directs City staff to prepare Requests for
Proposals and/or Requests for Qualifications necessary to secure
the professional services of competent private consultants to
assist the City in taking the lead in facilitating and
implementing these projects.
7. That the City Council of the City pf Carlsbad hereby
formally requests addition of these projects by the State of
California, Department of Transportation (CALTRANS), and the San
Diego Association of GOV8mmentS (SANDAG) to the State and
regional Transportation Improvement Programs.
a. That the City Council of the City of' Carlsbad has
previously formulated and implemented a citywide Bridge and
Thoroughfare Benefit District as a funding mechanism to
accumulate revenues specifically intended to finance these
projects and hereby designates this program to provide necessary
project funding for construction when required,
9. That the City Council of 'the City of Carlsbad hereby
reserves the right to continue to explore other potential
funding programs, sources, or mechanisms to fjnance project
construction of these projects when required.
10. That the City Council of the City of Carlsbad hereby
offers its commitment of personnel, information, and oth.er
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. ' .,A $': '- resources ani‘assistance to the State of California, Department
of Transportation (CALTRANS), for the expeditious implementation
of,these projects.
PASSED, APtiROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 3rd day of November I
1987 by the following vote, to wit:
AYES : Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES : None
ABSENT : None
ATTEST :
ALETHA L. RAUTENKRANZ, City \Clerk
(SEAL)
CLAUDE A. LEWIS, Mayor
March 7, 1996
TO: CITY CLERK
FROM: City Engineer
EXECUTED COOPERATIVE AGREEMENT NO. 11-0530 FOR LA COSTA AVENUE
INTERCHANGE
Attached for your files is an fully executed original copy of the Cooperative Agreement No. 1 l-
0530 for La Costa Avenue Interchange project. This agreement was processed with Agenda Bill
No. 13,525 Resolution No. 96-68 on February 20, 1996.
City Engineer
LBH: bg
c: Associate Engineer Entezari
t
&a. .TE,OffX%lFORNlA - BUSINESS, TRANSPORTAT- 4ND HOUSING AQENCY PETE WILSON, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 11, P.O. BOX 85406, SAN DIEGO 92188-5406 (619)688-3210 Voice
(619) 688-2575 TDD MAR 0 6 1996 (619)688-3688 Fax
March 4, 1996 ENGiNEERlNG
DEPARTMENT
ll-SD-5 P.M. R43.8/R44.4 E.A. 11276-196191 Agreement No. 11-0530 La Costa Avenue
Mr. Marty Orenyak Community Development Director City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92009
Dear Mr. Orenyak:
Enclosed for your records is a fully executed original copy of the Cooperative Agreement No. 11-0530, with the City of Carlsbad for the construction of the overcrossing and ramp approaches widening, signalizing the ramp termini and the adjacent Park and Ride lot entrance at the La Casta Avenue Interchange with I-5.
DAVID V. MOODY Cooperative Agreements
Enclosure DVM/dvm