Item 12 - Approval of Cooperative Agreement for Construction with Caltrans
AGENDAR~ORTSUM~Y -
TO: Honorable Mayor and Members of the City Council
- Honorable Chairman and Members of the
Redevelopment Agency
FROM: James L. Bowersox, City Mana~
Executive Director
INITIATED BY: John D. Fitch, Assistant City Manager~/1-
Mark S. Weston, Director of Engineering service~~
Alan F. Schuler, Senior Civil Engineer~
DATE: February 6, 1996 -
SUBJECf: Approval of Cooperative Agreement for Construction With Caltrans -
Scripps Poway Parkway East
ABSTRACf
The Scripps Poway Parkway East project is under construction. In order to allow the
construction of the portion of the project within Caltrans' jurisdiction, it is
necessary to implement a Cooperative Agreement between the two agencies delineating
responsibilities. Staff recommends approval of the proposed Agreement.
- FISCAL IMPAcr
Funds for this project have been budgeted with the overall improvement program for
Scripps Poway Parkway East.
ENVIRONMENTAL REVIEW
No additional environmental findings are necessary.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council/Redevelopment Agency approve the attached
Cooperative Agreement between The State of California and The City of Poway for
construction of a portion of the Scripps Poway Parkway East.
AcrION
FEB 6 1996 ITEM 12
1 of 30
_~'_"__'~"M"' .--.-- ~._------_._-
- AGENDA REPOR.L
CITY OF POW A Y
This report is includ~ on the Consent Calendar. There will be no separate discussion of the report prior to approval by the
City Council unless members of the Council, staff or public request it to be removed from the Consent Calendar and
discussed separately. If you wish to have this report pulled for discussion, please fill out a slip indicating the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
TO: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the Redevelopment Agency
FROM: James L. Bowersox, City Manager/Executi~~ Dire~
INITIATED BY: John D. Fitch, Assistant City Manager~\ _
Mark S. Weston, Director of Engineering service~
Alan F. Schuler, Senior Civil Engineer~
DATE: February 6, 1996
SUBJECf: Approval of Cooperative Agreement for Construction With
Caltrans - Scripps Poway Parkway East
BACKGROUND
The Scripps Poway Parkway East project is under construction and progressing
on schedule. Work is not scheduled to begin on the Highway 67 portion of the
contract until Spring. In order for Caltrans to issue an encroachment permit
and provide construction services for that portion of the work, we must first
execute a .Cooperative Agreement" (Attachment 1) specifying our respective
responsibilities.
tal trans has prepared a Cooperative Agreement with input from City staff and
completed their internal reviews. The Agreement is ready for approval.
FINDINGS
This Agreement provides for the construction of the intersection of Scripps
Poway Parkway/Highway 67 and widening of approximately 3,000 linear feet of
Highway 67, all within existing and proposed State right of way, under an
Encroachment Permit. It stipulates full funding of the project by Poway.
Caltrans has reviewed the plans and specifications for all work within their
jurisdiction. Caltrans staff will provide inspection services and resident
engineer oversight during construction for the work within Caltrans right of
way.
ACTION:
FEB 6 1996 ITEM 12
2 of 30
- --
Agenda Report - Approval of Cooperative Agreement for Construction With Caltrans _
Scripps Poway Parkway East
February 6, 1996
Page 2
The City Attorney and Engineering staff have reviewed the Cooperative
Agreement prepared by Caltrans and find it to be consistent with our prior
discussions during the project scoping and environmental studies. The
Agreement, as proposed, will assist us in completing this project on-time and
within our budget. -
FISCAL IMPACT
Funds for this project have been budgeted with the overall improvement program
for Scripps Poway Parkway East.
ENVIRONMENTAL REVIEW
This authorization is not subject to CEQA review.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
...,,- RECOMMENDATION
It is recommended that the City CounCil/Redevelopment Agency approve the
attached Cooperative Agreement between The State of California and The City of
Poway for construction of a portion of the Scripps Poway Parkway East.
Attachments:
Exhibit 1 Cooperative Agreement
.:\city\.gendo\0206coop.c;p
FES 6 1996 ITEM 12 I
3 of 30
,.---
11-50-67
P.M. 13.2/13.8
11275-171101
Agreement No. 11-0525
Scripps poway Intsec.
COOPERATIVE AGREEMENT
This AGREEMENT entered into - 19 is
on ,
between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, referred to herein as "STATE", and
CITY OF POWAY a body politic and a
municipal corporation of the State
of California, referred to herein as
"CITY".
RECITALS
1- STATE and CITY, pursuant to Streets and Highways Code
Section 130, are authorized to enter into a Cooperative
Agreement for improvements to State highways within the CITY.
2. CITY desires State highway improvements consisting of widening
State Highway Route 67, construction of a new signalized
intersection with Scripps poway Parkway and landscaping at
approximately 2 miles south of existing poway Road
intersection, referred to herein as "PROJECT", and is willing
to fund one hundred (100) percent of all capital outlay and
staffing costs, except that costs of STATE's oversight of
construction activities will be borne by STATE.
3. CITY desires to prepare the contract documents and advertise,
award and administer the construction contract for PROJECT in
order to bring about the earliest possible completion of
PROJ:ECT.
4. STATE is agreeable to CITY's proposal to prepare the contract
documents and advertise, award and administer the construction
contract for PROJECT.
5. The parties hereto desire to define herein the terms and
conditions under which PROJECT is to be constructed, financed
and maintained.
I FEB 61996 ITEM 12
Exhibit 1 ,
4 of 30
--
11-0525
6. The County of San Diego has delegated the authority for
acquisition of rights of way, the handling of utility
relocation and design engineering for PROJECT, within the
County of San Diego jurisdiction, in a separate prior
Cooperative Agreement between County of San Diego and CITY,
"County Contract Number 3471S-A", executed January 10, 1995.
Oversight of design and right of way activities for PROJECT
has been the subject of a separate prior Coopu-ative Agreement
between STATE and CITY, District Agreement Number 11-S1S3,
Document Number 9759, executed January 3, 1995.
SECTION I
CITY AGREES:
1- To advertise, award and administer the construction contract
for PROJECT in accordance with the requirements of the State
Contract Act and the california Labor Code, including its
prevailing wage provisions. Workers employed in the
performance of work contracted for by CITY, and/or performed
under encroachment permit, are covered by provisions of the
Labor Code in the same manner as are workers employed by
STATE's Contractors. CITY shall obtain applicable wage rates
from the State Department of Industrial Relations and shall
adhere to the applicable provisions of the State Labor Code.
Violations shall be reported to the State Department of
Industrial Relations.
2. To apply for necessary encroachment permits for required work
within State highway rights of way, in accordance with STATE's
standard permit procedures, as more specifically defined in
Articles (2) , (3) , (4) , (5) and (6) of Section III of this
Agreement.
3. To require that the construction contractor provide both
payment and performance bonds with CITY as obligee, in an
amount for 100% of PROJECT (whiCh shall include all work
within STATE's existing and proposed right of way) as defined
in Articles (4) and (6) of Section III of this Agreement.
4. To provide final construction approval to CITY's contractor,
only after CITY has obtained final written acceptance and
approval of PROJECT from STATE's District Director or the
Director's delegated agent.
.
2 FEB ITEM 12
6 1996 . ,
5 of 30
~"--- --. ----------------
11-0525
5. To construct PROJECT in accordance with plans and
specifications of CITY to the satisfaction of and subject to
the approval of STATE.
6. To acquire written approval and acceptance of completed
PROJECT by STATE's District Director or the Director's
delegated agent, prior to CITY's release of contractor's
bonds.
7. Contract Administration procedures shall conform to the
requirements set forth in STATE's ConstructiOh Manual, Local
Programs Manual and the Encroachment Permit for construction
of PROJECT.
8. Construction within the existing or ultimate STATE right of
way shall comply with the requirements in STATE's Standard
Plans and Specifications and PROJECT Special Provisions, and
in conformance with methods and practices specified in STATE's
Construction Manual.
9. If CITY uses own staff or contractor to perform surveys, such
surveys shall conform to the methods, procedures, and
requirements of STATE's Surveys Manual.
10. Material testing and quality control shall conform to the
State Construction Manual and the State Material Testing
Manual, be performed by STATE forces and reimbursed by CITY.
Independent assurance testing, specialty testing, off-site
source inspection and testing shall be performed by STATE, at
no cost to CITY except as noted herein. 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 airline miles from both Sacramento and Los
Angeles. Approval of the type of asphalt and concrete plants
shall be by STATE, at. STATE expense.
11. To furnish, at CITY expense and subject to approval of STATE,
a field site representative who is a licensed Civil Engineer
in the State of California, to perform the functions of a
Resident Engineer. If the PROJECT plans and specifications
were prepared by a private engineering company, the Resident
Engineer shall not be an employee of that company. The
Resident Engineer shall also be independent of the
construction contractor.
12. To pay one hundred percent (100%) of the actual costs of
construction required for satisfactory completion of PROJECT,
including changes pursuant to contract change orders concurred
with by the STATE representative. and any "State-furnished
material".
3
FEB 6 1996 ITEM 12
6 of 30
-
11-0525
13. At CITY expense, to furnish qualified support staff, subject
to approval of STATE, to assist the STATE's Representative, in
accordance with "Engineering Services Agreement No. 11-0527",
in but not limited to, construction surveys, soils and
foundation tests, measurement and computation of quantities,
testing of construction materials, checking shop drawings,
preparation of estimates and reports, preparation of As-Built
drawings, and other inspection and staff services necessary to
assure that the construction is being performed in accordance
with the plans and specifications. Said ~alified support
staff shall be independent of the design engineering company
and construction contractor, except that the PROJECT designer
may check the shop drawings, do soils foundation tests, test
construction materials, and do construction surveys.
14. To make progress payments to the contractor using CITY funds
and pay all costs for required staff services as described in
Articles (9), (11) and (13) of this Section I. The STATE
representative shall review all contract progress pay
schedules for the PROJECT. STATE does not assume
responsibility for accuracy of itemization on progress pay
schedules.
15. Within sixty (60) days following the completion and acceptance
of the PROJECT construction contract, to furnish STATE a
complete set of acceptable full-sized film positive
reproducible As-Built plans and all contract records,
- including surve1 documents. All above documents shall meet
State of California standards.
16. 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.
Further, CITY will perform a 1 year plant establishment and 4
year landscape maintenance period, in accordance with Section
III, Article (14) and Attachment A, at no cost to the STATE.
17. If CITY terminates PROJECT prior to completion of the
construction contract for PROJECT, STATE may require CITY, at
CITy's expense, to return right of way to its original
condition or to a condition of acceptable permanent operation.
If CITy fails to do so, STATE reserves the right to finish
PROJECT or place PROJECT in satisfactory permanent operation
condition. STATE will bill CITY for all actual expenses
incurred and CITY agrees to pay said expenses 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.
4
FEe 61996 ITEM 12 . I
7 of 30
11-0525
SECTION II
STATE AGREES:
1. To issue at no cost to CITY and/or CITY's contractor, upon
proper application by CITY and by CITY's contractor, the
necessary encroachment permits for required work within State
highway right of way, as more specifically defined in Articles
(2), (3), (4), (5) and (6) of Section III of-this Agreement.
2. To provide, at no cost to CITY, a qualified STATE
representative who shall have authority to accept or reject
work and materials or to order any actions needed for public
safety or the preservation of property and to assure
compliance with all provisions of the encroachment permit(s}
issued to CITY and/or CITY's contractor.
3. To provide, at CITY expense, any "State-furnished material" as
shown on the plans for PROJECT and as provided in the Special
provisions for PROJECT.
4. To provide, at CITY expense, necessary staff as authorized in
Engineering Services Agreement No. 11-0527.
SECTION III
IT IS MUTUALLY AGREED:
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 the California
Transportation Commission.
2. Construction by CITY of improvements referred to herein which
lie within STATE highway rights of way or affect STATE
facilities, sha 11 not be commenced until CITY's original
contract plans involving such work and plan for utility
relocations have been reviewed and approved by signature of
STATE's District Director of Transportation or the District
Director's delegated agent, and until an encroachment permit
to CITY authorizing such work has been issued by STATE.
.
5
FES 6 1996 ITEM 12 ,
8 of 30
--
11-0525
3. CITY shall obtain aforesaid encroachment permit through the
office of State District Permit Engineer and CITY's
application shall be accompanied by eleven 1111 sets of
reduced construction olans of aforesaid STATE- approved
contract plans. Receipt by CITY of the approved encroachment
permit shall constitute CITY's authorization from STATE to
proceed with work to be performed by CITY within proposed
STATE rights of way or which affects STATE facilities,
pursuant to work covered by this Agreement. CITY's
authorization to proceed with said work shall be contingent
upon CITY's compliance with all provisions set forth in this
Agreement and said encroachment permit.
4. CITY's construction contractor shall also be required to
obtain an encroachment permit from STATE prior to commencing
any work within STATE rights of way or which affects STATE
facilities. The application by CITY's contractor for said
encroachment permit shall be made through the office of state
District Permit Engineer. The contractor's application shall
include an original or certified copy of performance and
payment bonds to CITY, covering construction of PROJECT within
the STATE's rights of way and a policy of Contractual
Liability Insurance as described in this Section III, Article
(6) of this agreement.
5. CITY shall provide a right of way certification prior to the
granting of said encroachment permit by STATE, to certify that
legal and physical control of rights of way were acquired in
accordance with applicable state and Federal laws and
regulations.
6. CITY's construction contractor shall maintain in force, until
completion and acceptance of the PROJECT construction
contract, a policy of Contractual Liability Insurance,
including coverage of Bodily Injury Liability and Property
Damage Liability in accordance with Section 7-1.12 of state
Standard Specifications. Such policy shall contain an
addi tional insured endorsement naming STATE, its off icers,
agents and employees as additional insureds. Coverage shall
be evidenced by a Certificate of Insurance in a form
satisfactory to STATE which shall be delivered to STATE Permit
Offi~e before the issuance of an encroachment permit to CITY
contractor.
7. Prior to CITY granting contractor notice to proceed for
PROJECT, CITY may terminate this Agreement by written notice
and CITY shall bear one hundred percent (100%) of all PROJECT
related costs incurred by STATE pursuant to this Agreement.
6 FES 6 1996 ITEM 12 ..
9 of 30
11-0525
8. In construction of said PROJECT, representatives of CITY and
STATE will cooperate and consult; however, STATE's
Representative shall have final approval of all work pursuant
to PROJECT, which shall be accomplished according to approved
plans, specifications and applicable STATE standards.
satisfaction of these requirements shall be verified by the
STATE representative. The STATE representative is authorized
to enter CITY's property during construction for the purpose
of monitoring and coordinating construction activities.
9. Changes to PROJECT plans and specifications shall be
implemented by contract change orders, reviewed and approved
by the STATE Representative. All changes affecting public
safety or public convenience, all design and specification
changes, and all major changes as defined in STATE's
construction manual shall be approved by STATE in advance of
performing the work. Unless otherwise directed by the STATE
representative, changes authorized as provided herein will not
require an encroachment permit rider. All changes shall be
shown on the As-Built plans referred to in Section I, Article
(13) of this Agreement.
10. CITY shall provide a claims process acceptable to STATE and
shall process any and all claims through CITY's claim process.
The STATE representative will be made available to CITY to
provide advice and technical input in any claim process.
11. If any existing public and/or private utility facilities
conflict with PROJECT construction or violate STATE's
encroachment policy, CITY shall make all necessary
arrangements' with the owners of such facilities for their
protection, relocation or removal in accordance with STATE
policy and procedure for those facilities located within the
limits of work providing for the improvement of the State
highway and in accordance with CITY policy for those
facilities located outside of the limits of work for the State
highway. Total costs of such protection, relocation or
removal shall be determined in accordance with STATE policy
and procedure. CITY shall require any utility owner and/or
its contractors performing relocation work in STATE's right of
way to obtain a STATE encroachment permit prior to the
perf~rmance of said relocation work. Any relocated or new
facilities shall be correctly shown and identified on the
As-Built plans referred to in Section I, Article (13), of this
Agreement.
12. 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.
7
FES 6 1996 ITEM 12 .,
10 of 30
-
11-0525
13. Pursuant to the authority contained in section 591 of the
Vehicle Code, STATE has determined that within such areas as
are wi thin the limits of PROJECT and are open to public
traffic, CITY shall comply with all of the requirements set
forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.
CITY shall take all necessary precautions for safe operation
of CITY's vehicles, the construction contractor's equipment
and vehicles and/or vehicles of personnel retained by CITY and
for the protection of the traveling public from injury and
damage from such vehicles or equipment. _
14. Upon completion and acceptance of the PROJECT construction
contract by CITY to the satisfaction of the STATE
representative and subsequent to the execution of a
maintenance agreement, STATE will accept control and maintain,
at its own cost and expense, those portions of PROJECT lying
within STATE's right of way, except for the landscaping; the
1 year plant establishment period and the 4 year landscape
maintenance period to be performed by the CITY, in accordance
with Caltrans District 11 Landscape Maintenance Provisions, as
fully detailed in Attachment A.
15. CITY will accept control and maintain at its own cost and
expense, the portions of PROJECT lying outside STATE's right
of way.
16. STATE will maintain the traffic control signal system and
safety lighting as installed and pay an amount equal to 50% of .
the total maintenance costs, including electrical energy
costs. CITY shall reimburse STATE for CITY's proportionate
share of said maintenance costs, such share to be an amount
equal to 50% of the total maintenance costs, including
electrical energy costs until such time that CITY shall
arrange for the County of San Diego to take up said
responsibility. .
17. STATE will operate the traffic control signal(s) as installed
and pay one hundred percent (100%) of the operation cost.
18. Upon completion of all work under this Agreement, ownership
and title to materials, equipment and appurtenances installed
within STATE's right of way will automatically be vested in
STATE, and materials, equipment and appurtenances installed
outside of STATE's right of way will automatically be vested
in CITY and/or County of San Diego, as applicable. CITY shall
arrange for STATE access accommodations into County of San
Diego rights of way in order for STATE to maintain, repair
and/or replace traffic signal appurtenances extending outside
of the STATE's rights of way. No'further agreement will be
necessary to transfer ownership as hereinabove stated.
8
FEB 6 1996 ITEM 12
11 of 30
11-0525
19. 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.
20. 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 C~TY 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.
21. 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.
.
22. 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.
.
9
FEB 6 1996 ITEM 12
12 of 30
11-0525
23. Those portions of this Agreement pertaining to the construction of
PROJECT shall terminate upon completion and acceptance of the
construction contract for PROJECT by CITY with concurrence of STATE, or
on June 30, 1998, whichever is earlier in time; however, the ownership,
operation, maintenance, liability, and claims clauses shall remain i
effect until terminated or modified in writing by mutual agreement.
-
STATE OF CALIFORNIA CITY OF POWAY
Department of Transportation
JAMES W. VAN LOBEN SELS
Director of Transportation
By: By:
Office Chief DON HIGGINSON
Mayor
Certified as to funds Attest:
By: By:
District Resource Manager MARJORIE K. WAHLSTEN
City Clerk
Approved as to form & legality Approved as to form & legality
By: By:
Attorney STEPHEN M. ECKIS
Department of Transportation City Attorney
Certified as to Procedure
By:
Accounting Administrator
.
10
FEB 6 1996 ITEM 12
13 of 30
-..-.-------.,.,--
11-0525
11-SD-67
P.M. 13.2/13.8
11275-171101
SCOPE Q[ liQBK
This Scope of Work outlines the specific areas of responsibility
for various project development activities for the proposed Scripps
poway Parkway intersection with traffic signals on state Route 67,
.opposite existing Rio Maria Road, which is approximately 2 miles
southerly of existing poway Road intersection.
1. CITY has completed acquisition of necessary rights of way,
handling of utilities, design engineering, project
development, preparation of the PS&E and provided the
necessary evidence of completion of environmental processing
for PROJECT. If new information is obtained which requires
additional environmental processing, this Agreement will be
amended to include completion of any additional tasks to be
performed by the CITY.
2. CITY and STATE concur that the proposal is a category 4A as
defined in STATE's Project Development Procedures Manual.
3. As this STATE facility is an existing conventional highway,
there is no freeway maintenance agreement involved.
4. All phases of PROJECT, from inception through construction,
whether done by CITY or STATE, have been and will be developed
in accordance with all policies, procedures, practices, and
standards that STATE would normally follow.
5. Detailed steps in the project development process have been
completed and are attached to previous Agreement No. 11-8183,
executed January 3, 11195.
.
11
FES 6 1996 ITEM 12
14 of 30
ATTACHMENT A 11-0525
CALTRANS DISTRICT 11
LANDSCAPE MAINTENANCE PROVISIONS
(8/95)
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 1460 days to commence upon completion
of 263 days plant establishment period as indicated in the PROJECT
specifications and upon the written approval by the STATE of the
PROJECT construction.
2. The CITY will be required to adequately water plants; replace
unsuitable plants; carry out weed, rodent, and other pest control;
and perform other work, as determined necessary by the STATE's
representative, every day during the maintenance period.
3. Irrigation facilities are to be checked and repaired; 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. P82-9 REVISED
"Planting of . 'l;ransportation Facilities" and these "Landscape
Maintenance Provisions", referred to herein as PROVISIONS, shall be
performed, provided, placed, constructed, installed, repaired and
replaced.
5. In order to carry out the maintaining of highway planting, the
CITY 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 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 PROVISIONS.
7. DAMAGE REPAIR.--Attention is directed to Section 7-1.16,
"Contractor's Responsibility for the Work and Materials," of the
Standard Specifications and these PROVISIONS.
12 FEa 6 1996 ITEM 12
15 of 30
~----_._.._.__._-
. ...-
ATTACHMENT A 11-0525
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 CITY 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 STATE's Representative,
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 CITY
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 STATE's Representative to have been
officially recorded below 320F 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 STATE's Representative,
STATE may order the pruning or removal of some or all of the
affected plants. The total cost of such work will be at CITY
expense. Any restriction or shutoff of available water shall not
relieve CITY from performing other contract work. A drought
condition occurs when the STATE, or its supplier, restricts or
stops delivery of water to CITY 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 CITY
may replace removed plants at its expense after the drought
condition has ended. ._
.7d. Any erosion damage caused by CITY's inadequate maintenance or
operation of irrigation facilities, as determined by the STATE,
shall be repaired by the CITY at their expense.
8. COOPERATION.--Attention is directed to Sections 7-1.14,
"Cooperation," and 8-1.10, ."Utili ty and Non-Highway Facilities," of
the Standard Specifications and these PROVISIONS.
8a. Work by STATE forces and other contractors within the limits
of PROJECT may be underway or started during the maintenance
period. CITY 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 special provisions, and these PROVISIONS.
Nothing in these PROVISIONS shall be construed as relieving the
CITY from its responsibility as provided in said Section 7-1.09.
9a. No work that would require a lane closure shall be performed.
13
FEB 6 1996 ITEM 12
16 of 30
,
ATTACHMENT A 11-0525
9b. Personal vehicles of the CITY's employees shall not be parked
within the right of way, except personal vehicles used in lieu of
the CITY's equipment. Said vehicles shall be included in the
equipment list required in Section 5-1.10, "Equipment and Plants,"
of the Standard Specifications and shall be marked with permanent
or temporary name plates identifying 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 STATE's Representative.
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 PROVISIONS.
lOa. Attention is directed to the provisions in "Order of Work" and
"Cooperation" elsewhere in these PROVISIONS.
lOb. Maintaining highway planting work shall include, but not be
limited to inspecting, checking and repairing irrigation
facilities; 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 enti tled "Planting and
Irrigation" 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 PROVISIONS, are for reference only. The irrigation
facilities and planting shown on the plans may differ from actual
field locations and conditions. '
14
FEB 6 1996 ITEM 12 '
. 17 of 30
______u_______.._
"----,
ATTACHMENT A 11-0525
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 CITY 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
CITY. 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 CITY.
15. CHECKING, REPAIRING AND OPERATING EXISTING IRRIGATION
SYSTEMS.--After the initial inspection of the irrigation systems,
CITY shall be responsible for the routine checking, repairing and
proper operation of the irrigation systems throughout the life of
the maintenance period. 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, risers and swing joints. 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 damaged or missing and repair of irrigation
controllers that malfunction will be at CITY's expense.
16. Checking a!'1d repairing of irrigation systems shall be made
within 5 days after any malfunction or damage.
16a. 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.
16b. 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.
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 CITY.
.
15
fEB 6 1996 ITEM 12
18 of 30
I
- -
ATTACHMENT A 11-0525
18. INITIAL INSPECTION OF EXISTING PLANTING AREAS.--AII existing
planting areas to be maintained shall be inspected initially by,
CITY 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 th~ need for weeding shall conform to the
requirements for "Weed Control" elsewhere in these 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 and the initial control of weeds, shall be corrected by
CITY as directed by STATE. Except for replacement of plants, all
other corrections to the planting areas shall be completed by CITY
within 14 days after initial inspection. All correction work,
ordered by STATE as a result of the initial inspection, will be
paid for by CITY.
18b. Plant replacement ordered by STATE as a result of the initial
inspection, shall conform to the provisions in "Plant Replacement"
elsewhere in these PROVISIONS.
18c. Attention is directed to the section of these 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 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.
19a. A plant shall be replaced when ordered by the STATE's
Representative 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 STATE's Representative, or has
been improperly pruned in accordance with these provisions as
determined by the STATE's Representative.
19b. Unless larger plant sizes are shown on the plans, the size of
replacement plants shall be 5-gallon for all plants.
19c. Removed plants shall be disposed of outside of the highway
right of way as provided in Section 7-1.13, "Disposal of Material
Outside the Highway Right of Way," of the Standard Specifications.
16
FES 61996 ITEM 12 ..
19 of 30
ATTACHMENT A 11-0525
19d. 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.
1ge. An order to vendors for replacement plants that are not
readily available nursery stock plants shall be made by CITY within
7 days from the date of STATE's order to replace such plants. CITY
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. -
20. PRUNING.--Plants installed by the PROJECT shall be pruned when
ordered by the STATE or determined necessary by the CITY 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 CITY. The STATE may prune plants for visibility
improvement purposes or plants damaged by accidental vehicular
traffic by others, at no expense to the CITY. 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.
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". 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. Water for maintaining plants shall be furnished by CITY.
22b. Attention is directed to the provisions in Section 7-1. 01,
"Laws to be Observed," of the Standard Specifications concerning
water restrictions that may be required by cities and counties.
22c. Precautions shall be taken to prevent water from wetting
adjacent properties, vehicles, pedestrians, and pavement.
22d. If reclaimed water is used, watering shall comply with State
of California and local health code requirements.
17
FES 6 1996 IlE:M 12 ..
2.0 of 30
l'
-
ATTACBHENT A 11-0525
22e. Attention is directed to the provisions in "Damage Repair" for
drought conditions and "Existing Irrigation Facilities" for
malfunction of irrigation systems elsewhere in these PROVISIONS.
23. FERTILIZING.--Two applications of commercial fertilizer shall
be applied by CITY to trees, shrubs and shrubs during each l2-month
period of the maintenance period, when directed by STATE.
Additional commercial fertilizer applications requested by CITY and
approved or ordered by STATE may be made within a l2-month period.
All applications of fertilizer will be paid for by the CITY. The
frequency of application may be modified when directed by the
STATE's Representative, based in part on a minimum of 2 soil tests
performed as directed by the STATE's Representative and paid for by
the CITY.
23a. Commercial fertilizer shall be applied to replacement plants
at the time of replacement.
23b. 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.
23c. Commercial fertilizer shall be applied at the rate recommended
by the manufacturer with a maximum rate of 1/4 pound for each tree
and shrub.
23d. 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 maintenance period.
25. WEED CONTROL.--Weed control shall consist of killing weeds or
limiting the height or length of weeds. Basins and basin walls
shall be kept free of weeds.
25a. A weed is any undesirable plant as determined by the STATE's
Representative.
25b. Weeds shall be controlled as specified in these PROVISIONS and
as directed by the STATE's Representative in the following areas:
25b1. Within an area 6 feet in diameter centered at each plant.
25b2. Within an 8 foot area from the edge of pavements.
18
FES 6 1996 ITEM 12
21 of 30
ATTACHMENT A 11-0525
25c. Attention is directed to the section of these PROVISIONS
entitled "Existing Planting" in regard to initial ins~ection of
areas in need of weed control.
25d. Killing weeds shall be ~erformed by hand, with the use of
pesticides, or by any other method approved by STATE's
Representative.
25dl" 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 7-1.13 of Caltrans Standard Specifications, on
the same day in which they are pulled.
25d2. 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.
25dJo 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.
25d,. Weeds shall be killed within an area 6 feet in diameter
centered at each plant location.
25d,. Where weeds are not required to be killed, weeds shall be
controlled by mowing or controlled by growth regulators.
.,
25d.. When weeds" are to De controlled by mowing, the areas to
be mowed shall be mowed a minimum of 2 times per year when directed
by STATE.
25d,. Areas to be mowed shall be mowed when weed" height exceeds
12 inches and shall be mowed to 4 inches or less in height.
25d.. Disposal of mowed material will not be required, unless
ordered by STATE. Disposal of mowed material, as ordered by STATE
will be paid for by CITY.
25d,. Dead weed growth which, in the opinion of STATE's
Representative, 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 7-1.13.
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 maintenance period. Attention is directed
to the provisions in Section 7-1.01H, "Use of Pesticides," of the
Standard Specifications. Pesticides used to control rodents and
other pests shall be approved by STATE prior to application.
19
FEB 6 1996 rrEM 12
22 of 30
.
- -
ATTACHMENT A 11-0525
27. PESTICIDES FOR WEED CONTROL.--Pesticides used to control weeds
shall conform to the provisions in Section 20.4.026 and, in this
PROJECT, pesticide use shall be limited to the following type:
Glyphosate
27a. CITY may request the use of other pesticides. The written
request for the use of other pesticides shall be submitted by CITY
to STATE. Such other pesticides shall not be used or applied until
CITY has received written confirmation from the STATE for the use
those pesticides. -
27b. Replacement plants shall be planted at least 30 days and
irrigated prior to the application of oxadiazion, oryzalin,
diphenamid or trifluralin.
27c. A minimum of 100 days shall elapse between applications of
oxadiazon, oryzalin, diphenamid or trifluralin.
28. LITTER CONTROL.--Litter shall include trash and debris.
28a. Litter as determined by the engineer which is generated by
CITY's operations within the limits of work shall be removed and
disposed of outside the highway right of way as provided in section
7-1.13 of the Standard Specifications. Litter generated by CITY
operations shall be removed daily at the CITY's expense. Liter,
except from CITY'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.
.
,
...-
20
FES 6 1996 ITEM 12
23 of 30
11-SD-67
PM 13.2-13.8
11275-171101
Agreement No. 11-0527
Scripps poway Intsec.
ENGINEERING SERVICES AGREEMENT
This AGREEMENT entered into on 19 is
, -
between the STATE OF CALIFORNIA, acting by &lid through its
Department of Transportation, referred to herein as "STATE", and
CITY OF POWAY a political
subdivision of the State
of California, referred
to herein as "CITY".
RECITALS
1. CITY contemplates constructing State highway improvements
consisting of widening State Highway Route 67, construction of
a new signalized intersection with Scripps poway Parkway and
landscaping, referred to herein as "PROJECT".
2. CITY, pursuant to Streets and Highways Code Section 131, has
requested and STATE is willing to furnish engineering services
"for said PROJECT provided all costs incurred by STATE on
behalf of CITY are borne at the expense of CITY.
3. CITY and STATE mutually desire to jointly participate in
construction of PROJECT and desire to specify herein the terms
and conditions under which STATE services are to be provided
and financed.
.
SECTION I
STATE AGREES:
1. To provide all labor, materials, tools and equipment for
providing services for the PROJECT including STATE
Representative, Construction Engineering Personnel, materials
acceptance sampling and testing, material source inspection,
independent assurance and specialty testing, field office
facilities and 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.
FEe 6 1996 ITEM 12
24 of 30
.
-- _.
11-0527
2. At no cost to CITY, to provide those SERVICES included in
STATE's oversight responsibility for construction of PROJECT
in accordance with the provisions of STATE's Deputy Directive
No. 00-23.
3. To provide qualified staff to CITY so CITY can construct
PROJECT by contract in accordance with plans and
specifications prepared by CITY and approved by STATE.
-
4. To establish separate PROJECT accounts to accumulate charges
for all costs to be paid for by CITY pursuant to this
Agreement.
5. To submit an initial billing in the amount of S 70.000.00 to
CITY immediately following execution of this agreement. Said
initial billing to represent CITY's initial deposit for two
months estimated cost of SERVICES.
6. Thereafter, to prepare and submit to CITY. monthly billing
statements for estimated SERVICES one month in advance to
CITY, as construction of PROJECT proceeds.
7. To consult with CITY on all change orders with an estimated
cost of over $50,000.00 before implementation, except when
necessary for the safety of motorists and/or pedestrians or
for the protection of property..
.
8. 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 advance
deposits pursuant to .Section II, Articles (5) and (6), will
always be sufficient.
9. Upon completion of PROJECT and all work incidental thereto, to
furnish CITY with a detailed statement of the total actual
costs of SERVICES for PROJECT. STATE thereafter shall refund
to CITY (promptly after completion of STATE's audit) any
amount of CITY's deposits 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.
.
-
2
FEB 61996 ITEM 12 . .
25 of 30
---
11-0527
SECTION II
CITY AGREES:
1- In the Construction of the PROJECT, CITY may provide qualified
support staff and other resources necessary to accomplish
PROJECT construction, including CITY inspection staff.
2. To bear one hundred percent (100%) of the_ actual cost of
SERVICES for PROJECT, estimated to be $573.000.00 . Said
costs of SERVICES shall include costs of providing personnel
resources and their equipment and all direct and indirect
costs (functional and administrative overhead assessment) of
STATE's portion of SERVICES 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.
3. To provide, at no cost to STATE, office space for State
Representative and construction engineering personnel.
4. CITY's initial total obligation for the costs of SERVICES is
$573.000.00 . This amount is subject to increase to cover the
increased costs for providing SERVICES that result from
unreasonable contract extensions that have resulted from
contract change orders or other contract delays. Any increase
in total obligation will be subject to the vote of CITY, 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 twenty five (25) days of receipt
of billing therefore (which billing will be forwarded
immediately following execution of this agreement) the amount
of $ 70.000.00. Said figure represents the estimated initial
deposit for two months estimated cost of SERVICES.
6. To deposit with STATE not later than ten (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 thirty
(30) days of receipt of a detailed statement made upon final
accounting of costs therefor, any amount over and above the
aforementioned deposits and paymEints required to complete
CITY's financial obligation pursuant to this Agreement.
3
Frs 6 1996 IT1:M 12
'6 of 30
- -
-- 11-0527
8. To 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 will follow the CITY's construction contract claims
process. CITY shall bear one hundred percent (loOt) of the
actual costs to STATE for providing SERVICES during the
contract claims process. -
10 . Personnel who prepared the design plans and right of way maps
shall be available to STATE, at no cost to STATE, through
completion of construction of PROJECT to discuss problems
which may arise during construct.ion and/or to make design
revisions for contract change orders.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
-- 1- That CITY may, at any time, or for any reason, terminate
STATE's SERVICES immediately and shall notify STATE in writing
of such termination.
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. If termination of this Agreement is by mutual consent, CITY
will bear one hundred. percent (loot) of all costs incurred,
prior to termination, by the STATE pursuant to this Agreement.
4. The costs to be charged CITY by the STATE will include all
direct and indirect (functional and administrative overhead
assessment) costs attributed to such work applied in
accordance with STATE's standard accounting procedures.
.
.-
4
FES 6 1996 ITEM 12
27 of 30
11-0527
s. CITY will provide in writing, to the STATE Representative, the
name of one CITY Representative (Project Manager or Resident
Engineer) who will be responsible for answering all questions
that arise from the PROJECT. Said CITY Representative and
STATE's Representative will cooperate and consult with each
other, but the decisions of STATE I S Representative shall
prevail as final, binding and conclusive in all matters
concerning the PROJECT construction contract located within
the existing and ultimate STATE right-of-way and the decisions
of the CITY representative shall prevail as final, binding and
conclusive in all matters concerning the PROJECT construction
contract located outside the existing and ultimate STATE
right-of-way.
6. Time is of the essence in this agreement.
7. 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.
8. 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. ..
9. 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.
5
FEB 6 1996 ITEM 12 I
28 of 30
-
11-0527
10. 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
~ully de~end, indemni~y and save harmless CITY ~rom all
claims, suits or actions o~ every name, kind and description
brought for or on account of injury Cas defiRed 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.
11. 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.
.
.
--
6 FES 6 1996 fl.!:::M 12
29 of 30
~_.-
11-0527
12. Except as otherwise provided in Articles (I) and (3) of this Section
III, those portions of this Agreement pertaining to the construction of
PROJECT shall terminate upon completion and acceptance of the
construction contract for PROJECT by CITY, or on November 30, 2002,
whichever is earlier. Should any construction related claim arising out
of PROJECT need additional SERVICES provided by STATE, CITY has the
right to extend the termination of date of this Agreement and provide
additional funding as required to cover CITY's propor!jonate share of
costs or execute a subsequent agreement to cover those eventualities.
STATE OF CALIFORNIA CITY OF POWAY
Oepartment of Transportation
By: By:
Office Chief DON HIGGINSON
Mayor
Certified as to funds/procedure Attest:
By: By:
CHRISTINE N. VALLE MARJORIE K. WAHLSTEN
District Resource Manager City Clerk
Approved as to form & legality Approved as to form & legality
By: By:
Attorney STEPHEN M. ECKIS
Department of Transportation City Attorney
Certified as to Procedure
By:
Accounting Administrator
Department of Transportation
.
7
FEB 6 1996 ITEM 12
30 of 30