HomeMy WebLinkAbout2001-09-18; City Council; 16332; Coastal Rail Trail Projectli
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DEPT. ENG
CITY OF CARLSBAD - AGENDA BILL
TITLE* APPROVAL OF A
-LEH~cLE REGISTRATION FUND GRANT WITH THE
AIR POLLUTION CONTROL DISTRICT FOR
THE COASTAL RAIL TRAIL PROJECT
RECOMMENDED ACTION:
Adopt Resolution No. m 1 -28& author-king the Mayor to execute a 1995/96 - 1996/97
Vehicle Registration Fund Grant agreement between the City of Carlsbad and the San Diego
County Air Pollution Control District for the Coastal Rail Trail Project.
ITEM EXPLANATION:
On February 17, 1997 the San Diego County Air Pollution Control District (APCD) approved the 1995/96-1996/97 Vehicle Registration Funding Allocation Plan that included the allocation of
$184,176 for the Coastal Rail Trail Project. This APCD Grant provides a portion of the required
local matching funds for the federal TEA-21 Program and will be used to support the trail design
and development of the construction specifications and bid documents.
Staff is recommending that the Council approve the attached agreement with the APCD.
FISCAL IMPACT:
Through past funding cycles, the Coastal Rail Trail Project has secured $1,568,000 in federal funds
from the Intermodal Surface Transportation Efficiency Act (ISTEA) program. This APCD grant
qualifies as “matching funds” required pursuant to the ISTEA program.
EXHIBITS:
1. 1995/96 - 1996/97 Vehicle Registration Fund Grant Contract with the City of Carlsbad for
the Coastal Rail Trail.
2. Resolution No. am \- d8 & authorizing the Mayor to execute a 1995/96 - 1996/97 Vehicle Registration Fund Grant agreement between the City of Carlsbad and the
San Diego County Air Pollution Control District for the Coastal Rail Trail Project.
I
September 19,200l
Marilyn Harrelson
Air Quality Contracts Coordinator
Air Pollution Control District
9 150 Chesapeake Dr.
San Diego CA 92123-1096
Re: 1995/96-1996/97 Vehicle Registration Fund Grant Contract
The City of Carlsbad approved the 1995/96- 1996/97 Vehicle Registration Fund Grant Contract for the
Coastal Rail Trail at the Council Meeting of September l&2001.
Before we can continue the processing of this agreement we require that the contract number be assigned
and the document be executed by APCD & the County as indicated on pages 1 and 15 respectively. Please
DO NOT fill in the date of the contract on page 1, we will do this when it goes for final signature.
Upon execution by the County, please return both Molly executed agreements to:
Debra Doerfler
Sr. Office Specialist
Carlsbad City Clerk’s Office
1200 Carlsbad Village Dr.
Carlsbad CA 92008
A fully executed original will be sent to you once the document has been processed. If you have any
questions please feel free to call our offices at the number listed below.
Thank you for your prompt attention to this matter.
Sincerely,
Debra Doerfler v
Sr. Office Specialist
Office of the City Clerk
City of Carlsbad
cc Steven Jar&, City of Carlsbad, Engineering Department
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808
49 Agreement Cover Sheet
Dept. Contact: MELISSA RUCH x2776 - Please return all executed agreements to Melissa.
Project Manager MUST provide the following info:
*Name of Funding Agency: S.D. Countv Air Pollution Control District *Project Manager: Steven Jantz
*Agreement Title: 1995/96-1996/97 Vehicle Reqistration Fund Grant Contract with the Citv of Carlsbad
for the Coastal Rail Trail
*ACCOUNT NUMBER
ROUTED TO INITIALS DATE SENT DATE UPDATE
RECEIVED DATABASE
EL Contractor
B- City Attorney
IB Vr/ fY7wm
c] City Clerk
Engineer/ Contractor/
Anreement Tvue (check one1
0 Original Agreement 0 Amendment 0 Task Description # _ Type, example: retiication, extension, etc. I
Original Aareement Data Amendments Amount/ Lenqth
Date of original agreement No.
Term of original agreement No.
Dollar amount of original agreement No.
Person with authority to renew No.
Number of allowable extensions No.
Length of allowable extensions No.
Maximum amount of master agreement Current Balance
Agreement Requirements (check all items received) - BOLD items are rewired by Citv Attorney I
0 Proper Signature cl Notarization 0 Certificate of Insurance
q Sole Source 0 Business License q Endorsements to Policy
c] Proposals Received 0 Corporate Resolution cl Exhibits
I Comments This aareement was oreviouslv reviewed bv the Attornev’s office and comments were
transmitted to APCD. Certain revisions were allowed, however, others were denied. Steve Jantz has
responses to previous submittal. This aareement is onlv a mechanism to receive matchino funds for the
proiect. Scheduled for Citv Council action on September 11, 2001.
Purchase Reauisition Information Agreement Number: J -
Purchase Requisition number:
Purchase Order number associated with original agreement, extensions and/or amendments:
H:\Planning & Programs\CorrespondenceUantz~GREEMENT COVER SHEET.doc Last I
March 14,2002
Marilyn Harrelson
Air Quality Contracts Coordinator
Air Pollution Control District - San Diego County
9150 Chesapeake Drive
San Diego, CA 92123-1096
Re: APCD Grant for Coastal Rail Trail
Enclosed please find three (3) original agreements for the 1995/96-1996/97 Vehicle
Registration Fund Grant Contract with the City of Carlsbad for the Coastal Rail Trail.
These agreements were approved at the Regular Meeting of the Carlsbad City Council on
September 18,2001.
After your agency signs these agreements, it is suggested that one original agreement be
returned to the City of Carlsbad, City Clerk’s Office, for filing.
ISABELLE PAULSEN
Administrative Secretary
lijp
Enclosure
c: Steve Jantz, Associate Engineer
w/o enclosure
1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 - (760) 434-2808 @
1995/96-1996/97 VEHICLE RlkISTRATION FUND
GRANT CONTRACT WITH THE CITY OF CARLSBb
FOR THE COASTAL RAIL TRAIL
t
THIS AGREEMENT made and entered into this /"/ 7% day of /1IA Reel 2881,
by and between the San Diego County Air Pollution Control District, a special district existing by
virtue of the laws of the State of California, hereinafter referred to as "APCD," Ad the City of
Carlsbad, a political subdivision of the State of California, with a business address of 1635
Faraday Avenue, Carlsbad, CA 92008-7314, hereinafter died "CONTRACTOR."
3a
RECITALS:
WHEREAS, the APCD BOARD, by its action on February 17, 1997, (APCD Minute
Order No. 3), approved the 1995/96-1996/97 Vehicle Registration Funding Allocation Plan
(Plan) that included the Coastal Rail Trail Project, and authorized the Deputy Director of General
Services, pursuant to 5398.17 of Article XXIIb of the Administrative Code, to negotiate a grant
service contract; and
WHEREAS, AFTD desires such services to be provided in accordance with the
Contractor's Statement of Work dated September 10, 1997, attached hereto us Exhibit A, and
with the revised schedule as shown in the Coastal Rail Trail Project Summary attached herefo as
Exhibit A-I, and whereas the CONTRACTOR agrees to provide the services subject to the
following additional conditions; and
WHEREAS, CONTRACTOR possesses certain skills, experience, education and
competency to perform andor acquire the required services.
NOW THEREFORE, in consideration of the promises, and mutual covenants and
agreements herein contained, it is agreed as follows:
PART I.' STANDARD TERMS & CONDITIONS
1. TERM OF AGREEMENT
The term of this Agreement shall commence effective on the date of this Agreement, and
continue for three years following the final payment to CONTRACTOR under the terms of this
Agreement during which time CONTRACTOR shall acquire the equipment/perform the services
as described herein.
2. DEFINITIONS
2.1 "County" shall mean the County of San Diego and shall be used interchangeably
with APCD.
2.2 "APCD" shall mean the Air Pollution Control District and shall be used
interchangeably with the County of San Diego.
2.3 "CONTRACTOR shall mean the City of Carlsbad.
2.4 "Contracting Officer" shall mean the Deputy Director, San Diego County
Department of General Services or his designate.
2.5 "Contracting Officer's Technical Representative" ("COTR) shall mean the Air
Quality Contracts Coordinator of the San Diego County Air Pollution Control District
and shall be used interchangeably with the term "Contract Administrator."
3. AFFIRMATIVE ACTION
3.1 The CONTRACTOR shall comply with the requirements of the County's
Affirmative Action Program as set forth in Article ILIk (commencing at 584) of the San
Diego County Administrative Code, attached to this agreement as Exhibit C, unless
specifically exempted in accordance with the Article'r rules and regulations.
3.2 CONTRACTOR will not discriminate against any employee, or against any
applicant for such employment, because of age, race, color, religion, gender, physical
handicap, ancestry, or national origin. This provision shall include, but not be llmited to,
the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
4. CONDUCT OF CONTRACTOR
4.1 The CONTRACTOR agrees to inform APCD/County of all the CONTRACTOR'S
interests, if any, which are or which the CONTRACTOR believes to be incompatible
with any interests of APCD/County.
4.2 The CONTRACTOR shall not, under circumstances which might reasonably be
interpreted as an attempt to influence the recipient in the conduct of his duties, accept any
gratuity or special favor from individuals or organizations with whom the
CONTRACTOR is doing business or proposing to do business, in accomplishing the
work under the contract.
4.3 The CONTRACTOR shall not use for personal gain or make other improper use
of privileged information that is acquired in connection with his employmenL. In this
connection, the term "privileged information" includes, but is not limited to, unpublished
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information relating to technological and scientific development; medical, personnel, or
security records of the individuals; anticipated materials requirements or pricing actions;
and knowledge of selections of contractors or subcontractors in advance of official
announcement.
4.4 The CONTRACTOR or employees thereof shall not offer gifts, gratuity, favors,
or entertainment directly or indirectly to APCDiCounty employees.
5. PROHIBITED CONTRACTS
Pursuant to $67 of the San Diego County Administrative Code CONTRACTOR and APCD/
County certify that the provisions of said $67 have not been violated, and that CONTRACTOR is
not, and will not subcontract with, any of the following:
5.1 Persons employed by APCD/County or of public agencies for which the Board of
Supervisors is the governing body;
5.2 Profit-making firms or businesses in which employees described in 75.1 above
serve as officers, principals, partners or major shareholders;
5.3 Persons who, within the immediately preceding twelve (12) months came within
the provisions of 75.1 above and who (I) were employed in positions of substantial
responsibility in the area of service to be performed by the contract, or (2) participated in
any way in developing the contract or its service specifications; and
5.4 Profit-making firms or businesses in which the former employees described in
75.3 serve as officers, principals, partners, or major shareholders.
6. TERMINATION FOR DEFAULT
AF'CD/County may, by written notice of default to the CONTRACTOR, terminate this contract
in whole or in part should the CONTRACTOR be in default under this contract. In the event of
such termination, APCD/County reserves the right to purchase or obtain supplies or services
elsewhere. If, after notice of termination of this contract under the provisions of this clause, it is
determined for any reason that the CONTRACTOR was not in default under the provisions of
this clause, the rights and obligations of the parties shall, if the contract contains a clause
providing for termination for convenience of APCD/County, be the same as if notice of
termination had been issued pursuant to such clause. The rights and remedies of APCD/County
provided in this article shall not be exclusive and are in addition to any other rights and remedies
provided by law or under resulting order. Any termination for default under this contract shall be
handled in accordance with The County of San Diego Contracting Manual, January 1982 Ed.,
Part I - 8, Termination of Contracts. attached hereto as Exhibit B.
7. TERMINATION FOR CONVENIENCE
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APCD/County may, by written notice stating the extent and effective date, terminate this contract
for convenience in whole or in part, at any time. AF'CD/CoUnty shall pay the CONTRACTOR as
111 compensation for performance until 'such termination:
7.1 The unit or pro rata price for the delivered and accepted portion.
7.2 A reasonable amount, as costs of termination, not otherwise recoverable fiom
other sources by the CONTRACTOR as approved by APCD/County, with respect to any
portion of the services not performed or not accepted, provided compensation hereunder
shall in no event exceed the total price.
7.3 In no event shall APCD/County be liable for any loss of profits on the resulting
order, or portion thereof, so terminated.
7.4 The rights and remedies of APCDICounty provided in this article shall not be
exclusive and are in addition to any other rights and remedies provided by law or under
resulting order.
7.5 Any termination for convenience under this contract shall be handled in
accordance with The County of San Diego Contracting Manual, January 1982 Ed., Part
1-8, Termination of Contracts.
8. CONTRACT ADMINISTRATION
The Director of Purchasing and Contracting is the designated Contracting Officer and is the only
APCD/Comty official authorized to make any changes to this agreement. AF'CD/County has
.designated the following individual as the Contract Administrator: Marilyn Harrelson, Air
Quality Contracts Coordinator, Air Pollution Control District, 9150 Chesapeake Drive, San
Diego, CA 92123-1096. The Contract Administrator will chair contractor progress meetings and
will coordinate APCDs contract administrative functions. The Contract Administrator is
designated to receive and approve CONTRACTOR invoices for payment, audit and inspect
records, inspect contractor services, and provide other technical guidance as required. The
Contract Administrator is authorized to change any terms and conditions of the Contract.
Changes to the scope of work will be made only by APCD/County and/or the Contracting Offcer
issuing a properly executed Change Order modification.
9. NOTICE
Any notice or notices required or permitted to be given pursuant to this Agreement may be
personally served on the other party by the party giving such notice, or may be served by certified
mail, postage prepaid, return receipt requested, to the following addresses:
9.1 Attention: Marilyn Harrelson, Air Quality Contracts Coordinator, Air
Pollution Control District, 9150 Chesapeake MS 0-176, San Diego, CA 92123.
9.2 Attention: City Engineer, City of Carlsbad, 1635 Faraday, Carlsbad, CA
92008.
4 3
10. DISPUTES
Except as otherwise provided in this contract, any dispute concerning a question of fact arising
under this contract that is not disposed of by agreement shall be decided by the Contracting
Officer who shall furnish the decision to the CONTRACTOR in writing.
10.1 The decision of the Contracting Officer shall be final and conclusive unless
determined by a court of competent jurisdiction to have been fraudulent or capricious, or
arbitrary, or so grossly erroneous as necessarily to imply bad faith. The CONTRACTOR
shall proceed diligently with the performance of the contract pending the Contracting
Offker's decision.
10.2 The "Disputes" clause does not preclude consideration of legal questions in
connection with decisions provided for in 1lO.l above. Nothing in this contract shall be
construed as making final the decision of any administrative official representative or
board on a question of law.
,.
11. CHANGES
The Contracting Officer may at any time, by written order, make changes within the general
scope of this contract, in the definition of services to be performed, and the time (i.e., hours of
the day, days of the week, etc.) and place of performance thereof. If any such change causes an
increase or decrease in the cost of, or the time required for the performance of any part of the
work under this contract, whether changed or not changed by any such order, an equitable
adjustment shall be made in the contract price or delivery schedule, or both, and the contract
shall be modified in writing accordingly. Any claim by the CONTRACTOR for adjustment
under this clause must be asserted within 30 days from the date of receipt by the CONTRACTOR
of the notification of change; provided, however, that the Contracting Officer, if he decides that
the facts justify such action, may receive and act upon any such claim asserted at any time prior
to final payment under this contract. Where the cost of property made obsolete or excess as a
result of a change is included in the CONTRACTORS claim for adjustment, the Contracting
Officer shall have the right to prescribe the manner of disposition of such property. Failure to
agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the
clause of this contract entitled "Disputes." However, nothing in this clause shall excuse the
CONTRACTOR from'proceeding with the contract as changed.
12. HOLD HARMLESS
12.1 APCD/County and its officers agents and employees shall not be liable for, and
CONTRACTOR agrees for itself, its officers, employees, subcontractors, consultants,
licensees, tenants and volunteers to defend and indemnify APCDKounty and its officers,
agents and employees against any and all claims, demands, liability, judgments, awards,
fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges
5
or costs of any kind or character, including attorneys fees' and court costs (hereinafter
collectively referred to as "Claims"), which arise out of or are in any way connected to the
work covered by this contract arising either directly or indirectly from any act, error,
omission or negligence, whether active or passive, of CONTRACTOR or its officers,
employees, subcontractors, consultants, licensees, invitees, tenants and volunteers
including, without limitation, Claims caused by the concurrent negligent act, error or
omission, whether active or passive, of APCD/County or its officers, agents and
employees. However, CONTRACTOR shall have no obligation to defend or indemnify
APCD/County from a Claim if it is determined by a court of competent jurisdiction that
such Claim was caused by the sole negligence or willful misconduct of County or its
officers, agents or employees.
12.2 CONTRACTOR agrees-to include in any subcontract relating to work or services
under this contract a provision in which the subcontractor shall agree to defend and
indemnify APCD/County and its officers, agents and employees against all Claims and
under the same terms as set forth in 7 12.1 above.
13. INSURANCE
Without limiting the CONTRACTORS indemnification of APCD/County, CONTRACTOR shall
provide and maintain at its own expense, during the telm of this contract and beyond, the
following insurance coverage and provisions or proof of participation in any self-funded program
as follows:
13.1 PROOF OF INSURANCE.
Within ten (10) working days following receipt of notice that a contract has been
awarded, CONTRACTOR shall submit Certificates of lnsurance and appropriate separate
endorsements to the actual insurance policy, or proofs of participation in any self-fimded
program evidencing that CONTRACTOR has obtained, for the period of the contract,
insurance in the following forms of coverage and minimum amounts specified. True and
certified copies of the insurance policies will be made available to APCD/County with
fifteen (15) days notice.
13.2 NOTICE OF CANCELLATION OR CHANGE OF COVERAGE.
Insurance afforded by the policies or self-funded program shall not be canceled or
changed so as to no longer meet the herein specified APCD/County insurance
requirements without thirty (30) days prior written notice of such cancellation or change
being delivered to APCD/County.
13.3 QUALIFYING INSURERS.
All coverages shall be issued by companies which hold a current policy holder's
alphabetic and financial size category rating of not less than A, VU according to the
current Best's Key Rating Guide or a company of equal financial stability that is approved
by AETD/County's Risk Manager. All coverages'shall be issued by companies currently
authorized to transact business in the State of California.
13.4 SPECIAL PROVISIONS.
The herein requirements as to the types and limits of insurance coverage to be maintained
by the CONTRACTOR, and any approval of said insurance by APCD/County, or their
insurance consultant(s) are not intended to and shall not in any manner limit or qualify the
liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this
contract, including, but not limited to, the provisions concerning indemnification.
APCD/County reserves the right to withhold payments to CONTRACTOR in the event of
material non-compliance with the insurance requirements outlined.
13.5 INSURANCE.
13.5.1 Statutory Workers' Compensation and Employer's Liability Insurance for not
less than one million dollars ($l,OOO,OOO) per occurrence for all employees engaged in
services or operations under this contract.
13.5.2 General Liability - for bodily injury (including death) and property limits as
follows:
13.5.2.1 Commercial General Liability
General Aggregate $1,000,000
Products/Completed Operations $1,000,000
Personal & Advertising Injury $1,000,000
Per Occurrence $1,000,000
OR
13.5.2.2 Comprehensive General Liability - for bodily injury (including death)
and property damage which provides limits of not less than one million dollars
($1,000,000) combined single limit (CSL) per occurrence.
13.6 CLAIMS MADE COVERAGE.
If coverage is written on a "claims made" basis, the Certificate of Insurance shall clearly
so state. In addition to the coverage requirements specified above, such policy shall
provide that:
(a) The policy retroactive date coincides with or precedes CONTRACTOR'S
commencemen: of work under the Agreement (including subsequent policies
purchased as renewals or replacements).
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(b) CONTRACTOR will make every effort to maintain similar insurance during
the required extended period of coverage following expiration of the Agreement,
including the requirement of adding all additional insureds.
(c) If insurance is terminated for any reason, CONTRACTOR shall purchase an
extended reporting provision of at least two (2) years to report claims arising in
connection with the Agreement.
(d) The policy allows for reporting of circumstances or incidents that might give
rise to hture claims.
13.7 AUTOMOBILE LIABILITY
13.7.1 Bodily Injury (including death) & Property Damage per occurrence in
the amount of $1,000,000.
13.7.2 This insurance shall be applicable to all owned, non-owned and hired
vehicles used in the execution of this contract and shall include Contractual Liability.
13.8 "ADDITIONAL INSURED" COVERAGE
13.8.1 For all types of insurance required above, coverage shall include an
Additional Insured Endorsement. Insurance afforded by each policy shall apply to
APCD/County, the members of the Board of Supervisors of the County of San Diego
and the Air Pollution Control Board of the County of San Diego, individually and
collectively, and the officers, agents employees and volunteers of the County of San
Diego and APCD, individually and collectively, as additional insured parties.
13.8.2 CONTRACTOR further agrees to require that the parties listed in
n13.8.1 above be named as additional insured parties in all policies of liability
coverage required by this agreement or by CONTRACTOR to be obtained by its
subcontractors, licensees, invitees, tenants or volunteers.
13.8.3 The coverage afforded by the additional insured endorsement described
above shall apply as primary insurance, and any other insurance maintained by the
County, the members of the Board of Supervisors of the County and the Air
Pollution Control Board of the County, or its officers, agents employees and
volunteers, or any County self-funded program, shall be excess only and not
contributing with such coverage.
13.9 WANER OF SUBROGATION.
CONTRACTOR and APCD/County release each other, and their respective authorized
representatives, from any Claims (as defined in the Article entitled "Hold Harmless",of
the Agreement), but only to the extent that the proceeds received from any policy of
liability insurance camed by APCD/County or CONTRACTOR, other than any self-
insurance, covers any such Claim or damage. lncluded in any policy or policies of
8 \I
liability insurance provided by CONTRACTOR hereunder shall be a standard waiver of
rights of subrogation against APCD/County by the insurance company issuing said policy
or policies.
13.10 NOTICE OF CANCELLATION OR CHANGE OF COVERAGE.
All certificates of insurance provided by CONTRACTOR must evidence that the insurer
providing the policy will give APCD/County thirty (30) days written notice, at the
address shown in the section of the Agreement entitled "Notice," in advance of any
cancellation, lapse, reduction or other adverse change respecting such insurance.
13.11 SELF INSURANCE.
CONTRACTOR may, with prior written consent of the County's Risk Maiager, fulfill
some or all of the insurance requirements contained in the Agreement under a plan of
self-insurance. CONTRACTOR shall only be permitted to utilize such self-insurance,
however, if, in the opinion of the County's Risk Manager, CONTRACTOR'S (i) net
worth, and (ii) reserves for payment of claims of liability against CONTRACTOR, are
sufficient to adequately compensate for the lack of other insurance coverage required by
the Agreement. CONTRACTORS utilization of self-insurance shall not in any way limit
liabilities assumed by CONTRACTOR under the Agreement.
13.12 POLICY REVIEW.
APCD/County shall retain the right at any time to review the coverage, form and amount
of insurance required herein and may require CONTRACTOR to obtain insurance
sufficient in coverage, form and amount to provide adequate protection against the kind
and extent of risk which exists at the time a change in insurance is required.
APCDKounty shall be reasonable. APCD/County retains the right to receive a true and
certified copy of any herein required insurance policies with fourteen (14) days notice.
13.13 DEVIATIONS FROM CONTRACTUAL INSURANCE REQUIREMENTS. All
deviations from the contractual insurance requirements stated herein must be approved in
writing by County Risk Management.
14. AUDIT AND INSPECTION OF RECORDS
14.1 General. APCD/County shall have the audit and inspection rights described in
this section.
14.2 Cost, pricing and performance data. The Contracting Officer or his
representatives who are employees of APCD/COUNTY or its agent shall have the right to
examine all books, records, documents and other data of the CONTRACTOR related to
the cost or negotiation pricing or performance of this contract, or any subcontract made
9
hereunder, or any change or modification, for the purpose of evaluating the accuracy,
completeness and currency of the cost or pricing or performance data submitted.
14.3 The Contracting Officer or his representatives who are employees of APCD/
County or its agent shall also have the right to examine all records and data and other
information relating to any cost and relevant information that is submitted for
reimbursement that is reasonably related to the direct and indirect costs of performing the
required services.
14.4 Availability. The materials described above shall be made available at the office
of the CONTRACTOR, during normal business hours, for inspection, audit or
reproduction, until the expiration of 3 years from the date of final payment under this
contract, or by (1) and (2) below:
(I) If this contract is completely or partially terminated, the records relating to the
work terminated shall be made available for a period of three years from the date of
any resulting final settlement.
(2) Records that relate to appeals undtr the "Disputes" clause of this contract, or
litigation or the settlement of claims arising out of the performance of this contract,
shall be made available until such appeals, litigation, or claims have been disposed
of, or three years after contract completion, whichever is longer.
14.5 The CONTRACTOR shall insert a clause containing all the provisions of this
clause 18 in all subcontracts hereunder except altered as necessary for proper
identification of the contracting parties and the contracting officer under APCD/
County's prime contract.
15. PATENT AND COPYRIGHT INFRINGEMENT
The contractor shall report to the Contracting Officer, promptly and in reasonable written detail,
each notice or claim of patent or copyright infringement based on the performance'of this
contract of which the contractor has knowledge.
16. PERMITS, NOTICES, FEES AND LAWS
The CONTRACTOR shall, at its own expense, obtain all permits and licenses, give all notices,
pay all fees, and otherwise comply with all State and Federal statutes, ordinances, rules and
regulations pertaining to work and to the preservation of the public health and safety.
17. AIR, WATER POLLUTION CONTROL, HEALTH AND SAFETY
Contractor shall comply with all State and Federal air and water pollution control, health and
safety statutes, ordinances, rules and regulations which apply to the work performed under this
contract.
18. FINDINGS CONFIDENTIAL
10 I3
Any reports, information, data, etc., given to or prepared or assembled by the CONTRACTOR
under this Agreement which APCDKounty requests to be kept as confidential shall not be made
available or disclosed to any individual or organization by the CONTRACTOR without the prior.
written approval of APCD/County, except: (a) as required to by other funding sources for the
pool, (b) as may be necessary to perform the scope of work, or (c) as may be otherwise required
by law, including, without limitation, the California Public Records Act, Government Code
$6250 ef seq.
19. PUBLICATION, REPRODUCTION AND USE OF MATERIAL
No material produced, in whole or in part, under this Agreement shall be subject to copyright in
the United States or in any other country. APCD/County shall have unrestricted authority to
publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other
materials prepared under this Agreement. All reports, data and other materials prepared under
this Agreement shall be the property of AF'CDKounty upon termination or completion of this
Agreement.
20. INDEPENDENT CONTRACTOR
It is agreed that CONTRACTOR shall perform as an independent contractor under this
Agreement. CONTRACTOR is, for all purposes arising out of this Agreement, an independent
contractor, and shall not be deemed an employee of APCD/COUNTY. It is expressly understood
and agreed that CONTRACTOR and its employees and any subcontractors and their employees
shall in no event be entitled to any benefits to which permanent APCD/COUNTY employees are
entitled, including, but not limited to, overtime, any retirement benefits, workers' compensation
benefits, and leave benefits.
21. SUBCONTRACT FOR WORK OR SERVICES
Except for subcontractors described herein, no contract shall be made by the CONTRACTOR
with any party for furnishing any of the work or services herein contained without the prior
written approval of the Contract Administrator; but this provision shall not require the approval
of contracts of employment between the CONTRACTOR and its own personnel assigned for
services thereunder, or for parties named and agreed to herein. CONTRACTOR is reminded that
it is AF'CD/County policy to encourage the participation of minority business enterprises. This
includes assurance that, if feasible, minority firms are solicited, or where feasible, includes
dividing the requirement into smaller units for the purpose of providing for greater minority
participation, or' the establishment of delivery and payment schedules that will facilitate
participation by minority businesses. Each subcontract shall include a hold harmless clause for
subcontractors as specified in Paragraph 12. HOLD HARMLESS and the required insurance
11
amounts and coverages, including those for additional insured parties, as specified in Paragraph
13. INSURANCE, above.
22. DRUG & ALCOHOL-FREE WORK PLACE
APCDlCounty of San Diego, in recognition of individual rights to work in a safe, healthful and
productive work place, has adopted a requirement for a drug and alcohol free work place,
APCDKounty of San Diego Drug and Alcohol Use Policy C-25. This policy provides that all
APCDICounty employed Contractors and Contractor employees and their employees shall assist
in meeting this requirement.
22.1 As a material condition of this agreement, the CONTRACTOR agrees that the
CONTRACTOR and its employees and subcontractors and their employees, while
performing service for APCDICounty, on APCDICounty property, or while using
APCD/County equipment:
22.1.1 Shall not be in any way impaired because of being under the influence of
alcohol or a drug.
22.1.2 Shall not possess an open container of alcohol or consume alcohol or
possess or be under the influence of an illegal drug.
22.1.3 Shall not sell, offer, or provide alcohol or a drug to another person. Item
22.1.3 shall not be applicable to a Contractor or Contractor employee who, as part of
the performance of normal job duties and responsibilities prescribes or administers
medically prescribed drugs.
22.2 The Contractor shall inform all employees who are performing services for
APCDKounty or on APCD/County property or using APCDICounty equipment, of the
APCD/County objective of a safe, healthful and productive work place and the
prohibition of drug or alcohol use or impairment from same while performing such
service for APCDICounty.
22.3 APCDICounty may Terminate for Default or Breach this Agreement and any other
Agreement the CONTRACTOR has with APCDKounty, if the CONTRACTOR, or its
employees are determined by the Contracting Officer not to be in compliance with the
conditions of 22.1 above.
PART 11. FISCAL
23. COMPENSATION OF CONTRACTOR
23.1 Amount. AF'CDlCounty agrees to pay CONTRACTOR a total sum not to exceed
$184,176 for the Coastal Rail Trail Project and CONTRACTOR agrees to perform the
services described in this Agreement and the attached Scope of Work and with the
12 15
revised schedule as shown in the Coastal Rail Trail Project Summary attached hereto us
Exhibit E.
23.2 Reimbursement for Claim for Services. Unless otheiwise provided in the Scope
of Work, in consideration for the services performed by CONTRACTOR under this
Agreement, APCDKounty will pay CONTRACTOR by reimbursing CONTRACTOR
for such services as stated on each invoice, provided total amount of invoices does not
exceed $184,176. The amount of each invoice submitted by the CONTRACTOR is
subject to a determination of a fair and reasonable price by the Contract Administrator.
23.3 Withholding of Payment. APCDKounty may withhold final payment until final
reports required under this Agreement are received and approved by APCDKounty.
AF'CDKounty may also withhold payment where Contractor is in non-compliance with
this Agreement, but must release payment otherwise due CONTRACTOR upon
CONTRACTOR taking necessary steps to complete compliance.
24. DISALLOWANCE
In the event CONTRACTOR claims and receives payment from APCDKounty for
reimbursement of services performed that are later disallowed by AF'CD/County,
CONTRACTOR shall then promptly refund the disallowed amount to APCDKounty upon
request. At its option, the APCDKounty may offset the amount disallowed from any payment
due or to become due to the CONTRACTOR under this Agreement or another agreement.
Similarly, a disallowance under another.agreement may be offset against this Agreement.
25. FULL COMPENSATION
Pending any cost adjustments, each claim so approved and paid shall constitute full and complete
compensation to CONTRACTOR for the period covered by the claim. It is expressly understood
and agreed that this Agreement constitutes the entire agreement of CONTRACTOR and
AF'CDKounty and in no event shall Contractor be entitled to any compensation, benefits,
reimbursements or ancillary services other than as herein expressly provided.
26. PARTIAL PERFORMANCE
In the event less than all services are performed in a proper and timely manner, CONTRACTOR
shall be paid only the reasonable value of the services performed during the payment period as
determined by the Contract Administrator.
27. RETENTION OF RECORDS
The CONTRACTOR and any and all subcontractors shall be required to retain all financial
records and administrative documents relative to this Agreement in accordance with Section 14,
Audit and Inspection of Records, and in accordance with applicable APCDKounty, State, and
Federal statutes, regulations, ordinances and policies. All such records shall be returned to the
13
APCD/County should CONTRACTOR become defunct or close doing business, prior to
limitations set forth in such statutes.
PART 111. REPORTING REQUIREMENTS
28. INVOICING
APCDICounty intends to make payments on grant eligible items and activities upon receipt of
invoices as provided in the Scope of Work. CONTRACTOR should attach all necessary receipts
and other expenditure documentation with its invoices. APCDICounty reimbursement to
CONTRACTOR will be made on the basis of the submitted invoices.
29. PROGRESS REPORTS
CONTRACTOR shall submit a progress report with monthly invoices. These reports should
include the status of the project, activities for the next invoice period and an estimated cost of
these activities.
30. FINAL REPORT
CONTRACTOR shall submit a final report to APCWCounty within thirty (30) days of the grant
program ending date. The final report shall include the following:
30.1 Table of Contents.
30.2 A summary of the objectives achieved as they relate to the project scope of work.
30.3 A summary of the activities performed and the total amounts expended on the
project.
30.4 Any findings, conclusions or recommendations for follow-up or ongoing activities
that might result from successful completion of this project.
30.5 A statement, if applicable, of future intent of the public and/or private support to
maintain or further develop the project.
30.6 A request for final payment.
30.7 If applicable, a consolidated list of subcontracts, funded under this Agreement (in
part or whole). Include the name, address, concise statement of work performed, time
period and the value of each subcontract
30.8 A summary of project successes. Provide measurable results (number of
vehicular trips eliminated, etc.).
30.9 A summary of project failures or shortcomings, reasons and necessary remedial
activities.
Review comments shall be prepared and transmitted by the APCDICounty to the Contractor
within 30 days of receipt of the draft version of the final report. After incorporating the
APCDICounty's comments, the Contractor shall submit to the Contract Administrator ,5) copies
of the final report no later than thirty (30) days after receipt of APCD/ County's comments.
14
APCDKounty reserves the right to use and reproduce all reports and data produced and delivered
pursuant to this Agreement, and reserves the right to authorize others to use or reproduce such
material. Failure to comply with the reporting requirements specified above may result in
termination of this Agreement or suspension of any or all outstanding payment requests until
such a time as the Contractor has satisfactorily completed the reporting provisions.
31. SEVERABILITY
Should any part of this agreement be held to be invalid by a court of competent jurisdiction, the
remainder of the agreement shall be considered as the whole agreement and be binding on the
contracting parties.
32. GOVERNING LAW
This contract shall be corlstrued and interpreted according to the laws of the State of California.
33. AGREEMENT
This Agreement, including the exhibits attached hereto, constitutes the entire agrecrnent by and
between the CONTRACTOR and APCDKounty with respect to the equipment and services
described herein and supersedes all other additional communications, both written and oral.
Both parties, by their authorized signatures, acknowledge that they have read, understand 'and
agree to all the terms and conditions of this Agreement.
34. APCD RECOGNITION
CONTRACTOR agrees to recognize APCDKounty as a funding source as specified in the
Statement of Work.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the date first above written.
Title: MAYOR
15
FOR AF'CD & COUNTY:
Winston F. McColl
Director
Purchasing & Contracts , ~-..~ ,~;'...~~ ~, ~! T^ " .. . ,. . ::.J :;irxi hNi) Lkinili'f
1995/96-1996/97 VEHICLE REGISTRATION FUND
GRANT CONTRACT WITH THE CITY OF CARLSBAD
FOR THE COASTAL RAIL TRAIL
Exhibit A
Scope of Work
Scope of Work
County of San Diego County
Air Pollution Control District
Vehicle Registration Funds
Coastal Rail Trail
.
. . . . .. . .. ...I_ i.
September 10,1997
Steven Jauk
City of Carlsbad
2075 Las Palmas Drive
C&bad, CA 92009
(619) 438-1 161 x4354
I.
11.
111.
IV.
V.
VI.
w.
WI.
Table of Contents
Introduction
Project Location
Project Background and Objective
Personnel
Engineering Consultant Services
City of Carlsbad Staff
Scope of Services
Description of Services
Tasks and Timeiine
Description of Equipment to be Obtained
Payment Schedule
Invoicing Procedure
Reporting Requirements
propss RejJorts
AFCD Recognition
Air Oualitv and Cost Effectiveness
.
5
5
5
6
6
7
8
8
8
9
9
9
10
. .. ..
Vehicle Regisnation Fundi Scope of Work Coaaal Rail Trail
I. Introduction
Proiect Descriotioo
The Coastal Rail Trail is a proposed Class I bikeway which will extend fkom Oceanside to
San Diego. The bikeway as planned will be located within the existing San Diego Northern
Railway right of way that extends hm the Santa Fe Train Depot in downtown San Diego to the San
Luis Rey River in Oceanside, a distance of approximately 42 miles. The Coastal Rail Trail will be
separated hm Highway 101, which currently is used extensively by bicyclists. The overall project
goal is to develop a multi-mo4 facility which will provide safe access to the transit stations by
commuters and recreationists purposes, increasing the use of alternative transportation modes.
The entire project will be developed in phases. The first phase, the Feasibility Study, is
nearing completion. The Environmental Assessmentflnitial Study (EMS) is in process with
estimated completion in OctoberNovember of 1997. Upon completion of the environmental
evaluation, the design phase for the segment fkom Encinitas to Oceanside will be initiated.
The Vehicle Registration Funds will be used to develop Plans, Specifications and Estimates
(PS&E) for a nine (9) mile segment of the Coastal Rail Trail hm the Oceanside Coaster Station to
the Encinitas Coaster Station, utihng the Class I1 bike lanes in order to traverse around the lagoons.
Proiect Lo-
The project will be located within the San Diego Northern Railroad (SDNR) right of way
extending hm the Oceanside Coaster Station to the Encinitas Coaster Station. At each of the
lagoons the path will connect to existing bicycle lanes along the Coast Highway/Carlsbad Blvd.
(Highway 101).
. . _:. ...~. .,.,
The objective of the project is to provide safe alternate transportation facility along a very
busy, scenic corridor, Coast Highway (Highway 101). The path d' me as a regional north-south
bicycldpedestrian corridor and connect to east-west trails and bike lanes., The Coast
HighwayKarlsbad Blvd. (Highway 101) corridor provides access to retail, business, motels,
schools, local parks, state parks and campgrounds, government buildings, employment cehtem, and
budrail -it stations. The bicycle path will enable the community to ulilize these services without
impacting the existing roadway.
3
Vehicle Regisnation Fun& Scape of Work Coastal Rail Trail
This corridor is a very active bikeway where avid bicyclists utilize, where available, bicycle
lanes along the Coast Highway (Highway 101). The Lomas Santa Fe intersection at Highway 10 1
in Solana Beach is the second busiest bicycle intersection in San Diego County as identified by San
Diego Association of Governments (SANDAG) in their bicycle count survey. The entire corridor
is the heaviest traveled bicycle route in San Diego County as identified by SANDAG.
The Coastal Rail Trail, when completed, will provide a continuous multi-use facility along
the northern San Diego coast. More importantly, the corridor will link each of the Coaster Transit
Stations hm Oceanside to the Sank Fe Depot, providing an oppormnity for commuters to bike to
the transit stations and take the Coaster to major employment centers along the coast.
; . Additionally, the corridor will link to the other regional bicycle facilities. These east-west
connections to inland San Diego County (proposed and existing), include the Camp Pendleton
bicycle lanes which connect to the San Clemente bicycle path; the San Luis Rey bicycle path,
currently completing the design phase; the Highway 78 rail-trail Class I path within the railroad
right of way between Oceanside and Escondido, the San Dieguito multi-use hails, the Rose Canyon
path, and the San Diego Bayshore bikeway. Additional east -west bicycle facilities exist along most
of the connecting arterial or major roads.
Upon completion of the final design for this nine mile segment of the Coastal Rail Trail, the
project will enter the construction phase. On behalf of the six participating cities, the City of
Carlsbad will continue to actively pursue grant hds to implement the entire alignment for the
Coastal Rail Trail. Funds have been awarded for the project as follows:
€!lulxx Transportation Enhancement Act Feasibility Study Amount S 768,000
Transportaton Dcvelopment Act
and Transnet (Rop. A)
Transpowtion Enhancement Act
(1996/1997)
Transportation Development Act
and T-et @up. A)
(1996/1997)
Vehicle Rcgiseation Fee Funds
(1996/1997)
Environmental Assessment $ 192,000
PSaE of path andconslruction S 600,000
(Solana Beach to Encinitsc COaster~Stabion)
Path Construction
PSaE of path
(Encinii to Occamidc Coastcr.Station)
Total Amount funded
*Individual cities may also. apply for grants funds for their portion of the project
S 120,000
S 184,176
s 1.978,Ooo
4
Coartal Rail Trail
IL Personnel
Enpineerine Consultant ServicQ
A Request for Proposals for the preparation of the PS&E documents will be released to
solicit responses from qualified engineering consultants. The selection processed outlined in the
CALTRANS Local Assistance Manual will be followed which includes reviewing responses to the
proposals, conducting reference checks, and interviewing a selected number of firms. Once the
engineering iirm is selected the City staffwill request authorization by the City Council to enter into
a contract for the specified scope of services. These scope of services are outlined in section 111.
Citv of Carlsbad Staff
Steve Jane Associate Engineer with the City of Carlsbad serves as Project Manager for the
entire Coastal Rail Trail Project on behalf of the six coastal cities of Oceanside, Carlsbad, Encinitas,
Solana Beach, Del Mar and San Diego. He also serves on the San Diego Association of
Governments’ Bicycle Facilities Advisory Committee. He will serve as the administrator of the
project foi the City of Carlsbad and provide coordination with the Cities of Encinitas and Oceanside.
5
Coastal Rail Trail
III. Scope ofServkes
The project will consist of the completing construction documents for 9.0 miles of a Class
I, twelve foot (12’) paved, multi-use path with two foot (2’) graded shoulders fiom the Encinitas
Transit Station to the Oceanside Transit Station.
The phases for the project are noted below: Phases 1’-6 are conducted by City Staff and are
not part of APCD funds.
1.
2.
3.
4.
5.
6.
6.
7.
8.
9.
10.
11.
12.
13.
Obtain approval from APCD on Scope of Work
Request City Council authorization to request engineering firms to prepare design plans.
Prepare “Request for Proposal” and mail to qualified engineering fms.
Receive responses to RFP.
Review RFP’s and conduct interviews with 3-5 consultant firms.
Interview team awards contract.
Negotiate contract with successful consultant.
Request Council’s authorization to enter into agreement.
Deliver “Authoridon to Proceed to engineering consultant.
Conduct site review with consultant and engineering representatives hm each City M.
Consultant conducts site survey of project area.
Consultant prepares dd design plans for review by City of Carlsbad engkarhg staff.
Consultant makes necessary changes and completes PS&E construction documents.
Project complete and ready for wmtmction.
. ... .. .. ...
6
Coastal Rail Trail
N. Tasks and Timeline
The purpose of the project is to complete final design drawings for PS&E of a 9.0 file
segment of the Coastal Rail multi-use pathway along the SDNR right of way. Specific tasks to
achieve that ultimate goal for a 42 mile pathway are identified below:
1.
2.
3.
4.
5.
6.
7.
8.
9.
1 0.
11.
12.
13.
Tasks* Timing
Receive approval from APCD on Scope of Work and contract. Sept. 1997
Request City Council authorization to request consultant services. ' Nov. 1997
Prepare and release RLquest for Proposals to qualified Nov. 1997
engineering firms to conduct final design
Complete review of responses and conduct interviews of Dec. 1997
selected engineering firms.
Award bid to an engineering firm selected that meets the Dec. 1997
City's requirements.
Negotiate contract with successful consultant. Jan. 1997
Provide authorization to proceed to selected engineering fm. Jan 1997
Conduct site review with consultant. Feb. 1998
Consultant conducts survey of project area, researches Feb. 1998
easements, legal descriptions, right of way.
Consultant develops draft design plans for City review. Mar. 1998
City conducts review of &raft plans. Apr. 1998
Consultant completes PS&E for 9.0 Class I pathway. Apr. 1998
City conducts plan check of PSBtE. Apr. 1998
*Tasks 1-6 will be conducted by City staff and are not a part of APCD funds.
V. Description of Equipment ip Be Obtained
.
The project does not involve the purchase of equipment. The AB2766 hds will be used for
6aal engineering design services to pnpare construction documents for the construction of the 9.0
mile segment of the Coastal Rail Trail.
7
Vehicle Registration Fun& Scope of Work Coastal Roil Trail
VI. Payment Schedule
Invoicing Procedures
The City will submit monthly invoices to APCD to reimburse the City for payment to
contractors. Supporting documentation for each invoice will include a status report of the project
and a copy of each contractors invoice.
Estimated cost to complete PS&E are as follows:
Site Review (8 hours)
Meeting with City of Carlsbad (3)
Meeting with NCTD (3)
Survey (2 man crews at 195.00 hour (@ 4 wks)
Review of legal descrip., easements
Design Plans & Specs. (46 sheets (@ 2,500 sheet)
Cost Estimates
Reimbursable expenses (blueprinting, travel)
$ 1,520.00
$ 1,260.00
$ 2,453.00
$ 3 1,200.00
$ 8,000.00
$1 15,000.00
$ 5,500.00
$ 2.500.00
Subtotal $167,433.00
Contingency ( 1 OYO) $ 16,743.00
Total estimated cost for PS & E $184,176.00
.
8
Vehicle Registrafion Fun& Scope of Work Coastal Rail Trail
VII. Reporting Requirements
The City will provide progress reports to APCD upon the achievement of the following
milestones:
1. Notification of release of Request for Proposals for engineering design services.
2. Notification of award of bid and Authorization to Proceed for engineering design services.
3. Notification of completion of engineering design services.
WIL APCD Recognition
The City will include APCD approved recognition during construction noting the
contribution of APCD for the development of the project.
Additionally, dedication ceremonies conducted at the ground breaking event and at the grand
opening of the multi-use pathway will recognize the funding contributors for the project.
The Rails to Trails Conservancy will be holding its 1st National Conference in San Diego
in January 1998. An off-site event will is planned to highlight the progress of the Coastal Rail Trail
at the Carlsbad Coaster Station. Recognition of funding agencies for the project will be noted at this
national event.
.
9
X. Air Quality and Cost Effectiveness
A major goal in the regional, state, and federal transportation plans is to reduce motorized
vehicle congestion on the highways and the associated air pollution while conserving en-rgy of
fossilized fuel. Increasing the use of bicycle riders and walkers for commuting to school and work.
and for shopping is a major component to achieving this desired goal.
Bicyclists/walkers often will not ride or walk a particular road segment due to perceived
hazards of sharing the right of way with motorized vehicles. The perception of hazards is a major
factor in bicyclists’/walkers’ route choice as well as a significant factor in whether a trip is even
initiated. There are several factors which sect the bicyclist’s’/walker’s perception of interaction
hazard. They are volume, speed, vchicle .characteristics, proximity of the bicyclist to the motor
vehicle traffic, and pavement condition. As the volume, speed, and size of the motor vehicle traffic
increases, so does the bicyclist’s/walker’s perception of hisher hd of interacting with the
vehicles increases.
By reducing traffic hazards, the possibility of increase of bicycle ridership and t!!e number
of walkers increases based on the incremental decrease of perceived hazards. This “latent demand”
for bicyclistdwalkers can be quantified into an actual number of increase ridership. However, by
removing all of the barriers and providing a “conflict-kd’ separated path, the increase in ridership
is based on the number of trip attractordgenerator, distance, demogmphic and income community
characteristic, convenience, physical condition, and weather conditions.
The U.S. Department of Transportation has developed a methodology in which.to assess the
number of bicycling/walkjng trips that may be generated if a safe facility was provided. Taking the
“low” scenario fium the FHA study “The Environmental Effects of Bicycling and Walking”
(January 1993) which projects that bicycling increases hm current levels by a factor of 3 and
waking increases by a factor of 1.5. Although there have been no studies documenting the number
of walkers at the Lomas Santa Fe intersection, we can ass&e that the number of bicyclists will
increase hm 62.4hour to 187.2hour. Decreases in the iniiS.siorilevels’’&based on numerous
factors such as the distance traveled, speed cold start, and vehicle condition. However, the Federal
Highway Adminimtion report.“Benefits of Bicycling and Walking to Health” states that the
“rtplacemmt of vehicles with walking and bicycling would considerably reduce the level of air and
noise pollution”.
The typical Average Daily Traffic (ADT) on the major north-south routes parallel to the
tracks are between 10,000 and 20,000. (See appendix, ADT March 1996, City of Enchitas). As
population and jobs continue to grow in the coastal cities, so will traflic volumes. Traffic volumes
on north-south and east-west roadways adjacent to the hacks are projected to increase.
10
Vehicle Registration Funds Scope of Work Comtal Rail Trail
ne Coastal Rail Trail will be designed for multi-use commuting and recreating. ,The major
uses that are anticipated include walking, running, bicycling and roller skating. It is expected that
the use ofthe trail will be to access the shoreline and for recreation. commuting activity is expected
to be high near the transit stations, schools, &versities and colleges, and major employment centers.
Projections of usage by commuters is derived from the 1990 U.S. Census Journey to Work
data, which covers employed adults ages 16 years and older. Added to these commuters are an
estimated 50,OCO school age and collegduniversity students who live within two miles of the Coastal
Rail Trail. The current percentage of employed adults who walk to work in the North County is
approximately 3 - 4%, while bicyclists comprise about 1% of commuters. With completion of the
Coastal Rail Trail and con-ections to the Coaster Stations and employment centers, these
percentages are expected to double. This translates into an estimated 15,000 employed adult
commuters who will walk or ride to work on a typical weekday. Add to this figure an estimated 15%
of students who will walk or ride, and the total daily number of commuters walking or bicycling on
the Coastal Rail Trail is projected to be 22,500.
Based on these estimates of daily pedestrianbicycle travel, assumptions may be made on the
effect to itir quality. Table 1 reflects an estimate of reduced vehicle trips and the estimated reductim
of emissions.
To ensure the project's effectiveness towards achieving air quality goals, the City will
monitor the use of the facility and report to the District the results of this monitoring based on a
monitoring program approved by APCD. This data will be included in the reporting to APCD and
submitted to APCD annually for a period of three years.
The emission reduction benefits are the emissions associated with auto trips replaced by
bicycle trips for commute or other non-recreational purposes. The average daily bike traffic for the
project can be used to represent the number of vehicle trips replaced. Local estirnates of daily bike
Mc may be used. If no local estimates are available for use the optional methodology given
below to estimate the daily bke traffic is recommended by'APCD. The daily bike traffic (which
represen@ vehicle trips replaced) is multiplied by emissions per vehicle ~p to get the total benefits.
Emissions hm a vehicle trip replaced equals one trip end factor plus the length of an
average bike trip multiplied by the VMT factor. Local estimates for an average bike trip is 1.8 miles
based on National Personal Transportation Survey.
11
Vehicle Regisfrafion Funds Scope of Work Coatral Rail Trail
Table 1
Trip Reduction and Air Pollutant Reduction Summary
Coastal Rail-Trail Project
Potential Reductions* I Estimated Value
I Daily Bicycle/Pedestrian Trips
3366 Displaced (reduced) VMT
6.73 1 Daily BicyclJPedestrian Mileage
11,250
~~
Dailv COI Reduction (pounMday) I 430.8 II 11 Daily Nox Reduction (pounddday)
~~
16.83 11 Daily ROG Reduction (pounddday) 26.93
Daily PMIO Reduction (pounds/day)
bicyclists. Mileage is awumcd that only 50% of all trips replacc former vehicle trips, with the average walk trip is 0.25
3.37
miles and the avengc bicycle trip is 2.0 mila.
*Potential reductions arc based on an cstimatcd daily trail projcction of 22,500. with 50% split between pcdcmian and
12
1995/96-1996/97 VEHICLE REGISTRATION FUND
GRANT CONTRACT WITH THE CITY OF CARLSBAD
FOR THE 'COASTAL RAIL TRAIL
Exhibit A-1
Coastal Rail Trail Project Summary
July It, 2001
17
Exhibit A-l
Scope of Work
County of San Diego
Air Pollution Control District
7995/96 - 7996/97
Vehicle Registration Funds
Coastal Rail Trail
July 12,2001
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
I .
I1 .
111 .
IV .
V .
VI .
VI1 .
VI11 .
IX .
X .
Paae
Introduction ..................................................................................................................... 1
Project Description ...................................................................................................... 1
Project Location .......................................................................................................... 1
Project Background and Objective .............................................................................. 1
personnel ........................................................................................................................ 3
Engineering Consultant Services ................................................................................ 3
City of Carlsbad Staff .................................................................................................. 3
Scope of Servi~s ........................................................................................................... 4
Task 1.0 - Project Management and Coordination ...................................................... 4
Task 3.0 - Final Right-of-way Support 4
Task 2.0 - Final Design 4
Task 4.0 - Permit Support ........................................................................................... 4
Tasks and Timeline ........................................................................................................ 5
..............................................................................................
.......................................................................
Description of Equipment to be Obtained ....................................................................... 5
Payment Schedule ......................................................................................................... 6
Invoicing Procedures .................................................................................................. 6
Reporting Requirements ................................................................................................... 7
APCD Recognttlon .......................................................................................................... 7
Air Quality and Cost Effectiveness .................................................................................. 8
Coastal Rail Trail Project Summary .............................................................................. 10
..
i
1. introduction
Proiect DescriDtion
The Coastal Rail Trail is a proposed Class I bikeway which will extend from Oceanside to
San Diego. The bikeway as planned will be .located within the existing San Diego Northern
Railway right-of-way that extends from the Santa Fe Train Depot in downtown San Diego to the
San Luis Rey River in Oceanside. a distance of approximately 42 miles. The Coastal Rail Trail
will be separated from Highway 101, which currently is used extensively by bicyclists.
The overall project goal is to develop a multi-model facility which will provide safe access to the
transit stations by commuters and recreationists purposes, increasing the use of alternative
transportation modes.
The entire project will be developed in phases. The first phase, the Project Study Report (PSR)
was completed in October 2000. The CEQA Mitigated Negative Declaration was certified by the
Carlsbad City Council on April 17, 2001. With completion of the environmental evaluation,
the design phase for the segment from Encinitas to Oceanside will be initiated.
The Vehicle Registration Funds will be used to develop Plans, Specifications and Estimates
(PS&E) for a nine (9) mile segment of the Coastal Rail Trail from the Oceanside Coaster Station
to the Encinitas Coaster Station, utilizing the Class I1 bike lanes in order to traverse around the
lagoons.
Proiect Location
The project will be located within the San Diego Northern Railroad (SDNR) right-of-way
extending from the Oceanside Coaster Station to the Encinitas Coaster Station. At each of the
lagoons, the path will connect to existing bicycle lanes along the Coast HighwaylCarlsbad
Boulevard (Highway 101).
Proiect Backaround and Obiective
The objective of the project is to provide a safe alternate transportation facility along a very
busy, scenic corridor, Coast Highway (Highway 101). The. path will serve as a regional
The Coast HighwaylCarIsbad Boulevard (Highway 101) corridor provides access to retail,
north-south bicycle/pedestrian corridor and connect to east-west trails and bike lanes.
employment centers, and budrail transit stations. The bicycle path will enable the community to
business, motels, schools, local parks, state parks and campgrounds, government buildings,
utilize these services without impacting the existing roadway.
This corridor is a very active bikeway where avid bicyclists utilize, where available, bicycle lanes
along the Coast Highway (Highway 101). The Lomas Santa Fe intersection at Highway 101 in
Solana Beach is the second busiest bicycle intersection in San Diego County as identified by
San Diego Association of Governments (SANDAG) in their bicycle count survey. The entire
corridor is the heaviest traveled bicycle route in San Diego County as identified by SANDAG.
1
The Coastal Rail Trail. when completed, will provide a continuous multi-use facility along the
northern San Diego coast. More importantly, the corridor will link each of the Coaster Transit
Stations from Oceanside to the Santa Fe Depot, providing an opportunity for commuters to bike
to the transit stations and take the Coaster to major employment centers along the coast.
Additionally, the corridor will link to the other regional bicycle facilities. These east-west
connections to inland San Diego County (proposed and existing), include the Camp Pendleton
bicycle lanes which connect to the San Clemente bicycle path; the San Luis Rey bicycle path,
currently completing the design phase; the Highway 78 rail-trail Class I path within the railroad
right-of-way between Oceanside and Escondido. the San Dieguito multi-use trails, the Rose
Canyon path, and the San Diego Bayshore bikeway. Additionally east-west bicycle facilities
existing along most of the connecting arterial or major roads.
Upon completion of the final design for this nine mile segment of the Coastal Rail Trail,
the project will enter the construction phase. Funds have been awarded for the project as
follows:
Funding Source
Transportation Enhancement Act
Transportation System Management (TSM)
Transportation Enhancement Act (199611997)
Feasibility and EA
Total Amount Funded
PSBE and construction TEA-211CMAQ
(Prop. A) (1996/1997) PSBE and construction Transportation Development Act and TransNet
PSBE and construction
Purpose
Feasibility Study and EA
Amount
$768,000
$192.000
$600,000
$1,461,500
$10,337,500
$13,359,600
‘Individual cities may also apply for grant funds for their portion of the project.
2
U, Personnel
Enaineerina Consultant Services
A Request for Proposal for the preparation of the PSBE documents was released to solicit
responses from qualified engineering consultants. The selection processed outlined in the
CALTRANS Local Assistance Manual was followed which includes reviewing responses to the
On September 11, 2001, City staff will request authorization by the City Council to enter into a
proposals, conducting reference checks, and interviewing a selected number of firms.
contract for the specified scope of services with the selected consultant team. The scope of
services are outlined in section 111.
Citv of Carlsbad Staff
e Marshall Plank, Senior Engineer, is project manager for Carisbad portion of the project.
e Cities of Oceanside. Carlsbad, Encinitas, and Solana Beach will administer separate
contracts with design consultants.
3
The project will consist of the completing construction documents for 6.5 miles of a Class I,
twelve foot (12’) paved, .multi-use path with two foot (2’) graded shoulders within the City of
Carlsbad.
The tasks for the project are noted below:
Task 1 .O - Protect Manaaement and Coordination
Provide all project management and coordination necessary to complete plans, specifications
and estimates (PSBE) for the Coastal Rail Trail within the City of Carlsbad. Project management
and coordination will include monthly project status meetings with the City of Carlsbad and
monthly meetings with the other participating cities and agencies for the duration of the contract.
Task 2.0 - Final Desiqn
Prepare PSBE for the Class I, II and 111 Bikeway for the Coastal Rail Trail within the City of
Carlsbad from its northern boundary with Oceanside to its southem boundary with Encinitas.
The Coastal Rail Trail alignment will be similar to the alignment prepared as part of the Coastal
Rail Trail Project Study Report, October 2000.
Task 3.0 - Final Riqhtof-Way SUDDO~~
Right-of-way support generally consists of coordinating closely with NCTD and the various
railroad operators to gain concurrence of all project components and the preparation and
execution of agreements legally allowing construction and operation of the Coastal Rail Trail
within NCTD right-of-way.
Task 4.0 - Permit SUDDO~~
Various approvals and permits will be necessary for implementation of the project. To support
the permitting process, identified permits described below will be managed, prepared and
obtained.
0 U.S. Army Corps of Engineers (USACOE) 404 Permit
0 California Department of Fish and Game (CDFG) 1601 Streambed Alteration Permit
0
0
State Coastal Development Permit (CDP) Support
0
Local Coastal Development Permit (CDP) Support
PUC Authorization to Construct
.,
0 RWQCB 401 Water Quality Certificate of Waiver
4
N. Tasks and Timeline
The purpose of the project is to complete final design drawings for PS&E of a 9.0 mile segment
that ultimate goal for a 42-mile pathway are identified below:
of the Coastal Rail multi-use pathway along the SDNR right-of-way. Specific tasks to achieve
V. Description of Equipment to Be Obtained
The project does not involve the purchase of equipment. The AB2766 funds will be used for final
engineering design services to prepare construction documents for the construction of the 9.0-
mile segment of the Coastal Rail Trail.
5
VI. Payment Schedule
lnvoicina Procedures
The City will submit monthly invoices to APCD to reimburse the City for payment to contractors.
Supporting documentation for each invoice will include a status report of the project and a copy of each contractor's invoice.
Estimated cost to complete PS&E are as follows:
Dokken Engineering
$844,723 Total Cost
$56.858 EDAW, Inc.
$26,407 Aka Consulting
$21,923 Professional Consulting Group
$61,859 Diaz-Yourman
$67,325 Wallace, Roberts & Todd
$65,408 Aguirre & Associates
$63,593 Lindscott, Law and Greenspan
$481,348
The APCD grant will be applied to the 20% "matching funds" requirement pursuant to the
TEA-21 guidelines. Additional matching funds have already been allocated through TransNet
local funding.
6
VII. Reporting Requirements
The City will provide progress reports to APCD upon the achievement of the following
milestones:
1. Notification of award of bid and Authorization to Proceed for engineering design
services.
2. Notification of completion of engineering design services.
VI//. APCD Recognition
The City will include APCD approved recognition during construction noting the contribution of
APCD for the development of the project.
Additionally, dedication ceremonies conducted at the groundbreaking event and at the grand
opening of the multi-use pathway will recognize the funding contributors for the project.
The Rails to Trails Conservancy will be holding its I" National Conference in San Diego in
January 1998. An off-site event is planned to highlight the progress of the Coastal Rail Trail at
the Carlsbad' Coaster Station. Recognition of funding agencies for the project will be noted at
this national event.
7
lX. Air Quality and Cost Effectiveness
A major goal in the regional, state, and federal transportation plans is to reduce motorized
vehicle congestion on the highways and the associated air pollution while conserving energy of
fossilized fuel. Increasing the use of bicycle riders and walkers for commuting to school and
work, and for shopping is a major component 10 achieving this desired goal.
Bicyclists/walkers often will not ride or walk a particular road segment due to perceived hazards
of sharing the right-of-way with motorized vehicles. The perception of hazards is a major factor
in bicyclists'/walkers' route choice as well as a significant factor in whether a trip is even
initiated. There are several factors which affect the bicyclists'/walker's perception of hidher
hazard of interacting with the vehicles increases.
By reducing traffic hazards, the possibility of increased of bicycle ridership and the number of
walkers increases based on the incremental decrease of perceived hazards. This "latent
demand" for bicyclists/walkers ,can be quantified into an actual number of increase ridership.
However, by removing all of the barriers and providing a "conflict-free" separated path, the
increase in ridership is based on the number of trip attractors/generators, distance,
demographic and income community characteristic, convenience, physical condition, and
weather conditions.
The US. Department of Transportation has developed a methodology in which to assess the
number of bicycling/walking trips that may be generated if a safe facility was provided.
Taking the "low" scenario from the FHA study 'The Environmental Effects of Bicycling and
Walking" (January 1993) which projects that bicycling increases from current levels by a factor
of 3 and walking increases by a factor of 1.5. Although there have been no studies documenting
the number of walkers at the Lomas Santa Fe intersection, we can assume that the number of
bicyclists will increase from 62.4/hour to 187.2/hour. Decreases in the emission levels are based
on numerous factors such as the distance traveled, speed, cold start, and vehicle condition.
However, the Federal Highway Administration report "Benefits of Bicycling and Walking to
Health" states that the "replacement of vehicles with walking and bicycling would considerably
reduce the level of air and noise pollution".
The typical Average Daily Traffic (ADT) on the major north-south routes parallel to the tracks are
between 10,000 and 20,000 (see appendix, ADT March 1996, City of Encinitas). As population
and jobs continue to grow in the coastal cities, so will traffic volumes. Trafficvolumes on
north-south and east-west roadways adjacent to the tracks are projected to increase.
The Coastal Rail Trail will be designed for multi-use commuting and recreating. The major uses
that are anticipated include walking, running, bicycling and roller skating. It is expected that the
use of the trail will be to access the shoreline and for recreation. Commuting activity is expected
to be high near the transit stations, schools, universities and colleges, and major employment
centers.
Projections of usage by commuters is derived from the 1990 U.S. Census Journey to Work
data, which covers employed adults ages 16 years and older. Added to these commuters are an
estimated 50.000 school age and college/university students who live within two miles of the
Coastal Rail Trail. The current percentage of employed adults who walk to work in the
North County is approximately 34%. while bicyclists comprise about 1% of commuters.
With completion of the Coastal Rail Trail and connections to the Coaster Stations and
employment centers, these percentages are expected to double. This translates into an
estimated 15,000 employed adult commuters who will walk or ride to work on a typical weekday.
Add to this figure an estimated 15% of students who will walk or ride, and the total daily number
of commuters walking or bicycling on the Coastal Rail Trail is projected to be 22,500.
effect to air quality. Table 1 reflects an estimate of reduced vehicle trips and the estimated
Based on these estimates of daily pedestrianlbicycle travel, assumptions may be made on the
reduction of emissions.
To ensure the project's effectiveness towards achieving air quality goals, the City will monitor
the use of the facility and report to the District the results of this monitoring based on a
monitoring program approved by APCD. This data will be included in the reporting to APCD and
submitted to APCD annually for a period of three years.
The emission reduction benefits are the emissions associated with auto trips replaced by bicycle
trips for commute or other non-recreational purposes. The average daily bike traffic for the
project can be used to represent the number of vehicle trips replaced. Local estimates of daily
bike traffic may be used. If no local estimates are available for use, the optional methodology
given below to estimate the daily bike traffic is recommended by APCD. The daily bike traffic
(which represents vehicle trips replaced) is multiplied by emissions per vehicle trip to get the
total benefits.
Emissions from a vehicle trip replaced equals one trip and factor plus the length of an average
bike trip multiplied by the VMT factor. Local estimates for an average bike trip is 1.8 miles based
on National Personal Transportation Survey.
Table 1
TriD Reduction and Air Pollutant Reduction Summarv - Coastal Rail Trail Project
Potential Reductions' Estimated Value
Daily BicyclelPedestrian Trips
Daily BicyclelPedestrian Mileage
1 1,250
26.93 Daily ROG Reduction (poundslday)
16.83 Daily Nox Reduction (poundslday)
430.8 Daily COI Reduction (poundslday)
3,366 Displaced (reduced) VMT
6,731
-Daily PMIO Reduction (poundslday) 3.37
* Potential reductions are based on an estimated daily trail projection of 22,500, with 50% split between pedestrian
and bicyclists. Mileage is assumed that only 50% of all trips replace former vehicle trips, with the average walk trip
is 0.25 miles and the average bicycle trips is 2.0 miles.
9
COASTAL RAIL TRAIL
PROJECT SUMMARY
The Coastal Rail Trail (CRT) is a proposed multi-use pathway to be located within
the San Diego Northern Railway (SDNR) right-of-way. The CRT will traverse from
the San Luis Rey River in Oceanside to the Santa Fe Depot in San Diego thereby
connecting the Coaster Transit Stations with a paved Class I bikeway for
non-motorized users. The project is located within the jurisdictions of six northerly coastal cities in San Diego County. Each of the six cities, Oceanside, Carlsbad,
Encinitas, Solana Beach, Del Mar, and San Diego combined their efforts to pursue
development of the CRT. Participation from the six cities, North San Diego County
Transit Development Board (NSDCTDB), the Metropolitan Transit Development
Board (MTDB), San Diego Association of Governments (SANDAG),
California Department of Transportation (Caltrans) and MCAS Miramar resulted in
the preparation of the Coastal Rail Trail Project Study Report (PSR).
In 1992, SANDAG's Bicycle Facilities Coordinating Committee (BFCC) sponsored an
ISTEA funding application for $768.000 in Congestion Mitigation and Air Quality
(CMAQ) funds for a 44-mile Coastal Rail Trail project. Matching funds were provided
by the state with $192,000 from the Transportation Systems Management (TSM)
program. In 1994, Carlsbad was identified in the Regional Transportation
Improvement Plan (RTIP) as the lead agency for this project. In 1996, the Carlsbad
City Council executed a consultant agreement with Transtech Engineers, Inc., for the
preparation of feasibility and preliminary design study of the Coastal Rail Trail
project. In 1999, afler completion of. the drafl PSR, both CEQA and NEPA
environmental review processes were initiated. The final PSR, CEQA and NEPA
documents were completed in late 2000. The public review period for the required
environmental documents was initiated in December 2000 and completed in
March 2001. The Carlsbad City Council adopted a CEQA Mitigated Negative
Declaration for the portion of the Coastal Rail Trail Project between Oceanside and
Del Mar on April 17,2001.
At the beginning of the planning process, it was determined that a Memorandum of
Understanding (MOU) was necessary to ensure that all of the cities and the transit
trail within the railroad right-of-way. This MOU, executed in 1996, established a agencies were in agreement to cooperatively work together towards developing a
framework and agreement for working cooperatively in planning, designing,
constructing and maintaining the Coastal Rail Trail. The signatory agencies are the
Cities of Carlsbad, Del Mar, Encinitas. Solana Beach, Oceanside, San Diego. North County Transit District (NCTD), and MTDB. The MOU also established the
Coastal Rail Trail Committee, consisting of representatives from each agency, which
met on a monthly basis to assist in the coordination and the inclusion of each
agencies concerns and specific community interests within the PSR.
10
The main objectives of the PSR was to:
c Provide background on the project history, goals, and relationship to existing
c Identify the future Coastal Rail Trail users and their needs;
c Identify constraints and recommended solutions including grade crossings,
local land use plans and other relevant documents;
environmental conditions. property ownership, and railroad operations;
either the short or long-term; Develop alternative alignments where constraints cannot be overcome in
across cities utilizing established state and national standards; Develop design guidelines to facilitate development and ensure consistency
c
c
c Provide implementation details on funding, liability, safety, landscaping,
maintenance, legal agreements, environmental permits, and other items; and
construction documents. Provide a forum for resolving planning and design issues to developing c
The entire 44-mile railway corridor was evaluated to determine whether it was
economically viable and environmentally acceptable to construct a multi-use path along the railroad right-of-way. The main purposa of the PSR is to identify an alignment that is constructible, not cost prohibitive, and which maintains the continuity of a commuter route from Oceanside to San Diego. The recommended
alignment presented in the PSR was made considering cost constraints, potential
environmental impacts, and probable users. The alignment reflects a Class I bike path constructed 12’ wide, with 2 shoulders on each side within the
SDNR right-of-way for approximately 32 miles of the total 44 miles. In instances
where the railroad bridges cross a lagoon, the trail diverts to existing Class II bike lanes along Highway 101 (Coast Highway).
The proposed design of the trail is based on specific standards’ or guidelines
developed for multi-use trails throughout the United States and incorporate Caltrans,
Chapter 1000, Bikeway Planning and Design Standards. However, there is no “best
practices” standards developed for rails with trails. The recommended design standards developed in this document are drawn from experiences of active rail trails around California and the United Stated, accepted Caltrans Class I standards,
the California Public Utilities Commission Standards, and unique constraints of the
CRT itself.
Conservancy (RTC), a nationwide organization formed for the purpose of utilizing
Rail trails have been constructed throughout the nation. The Rails to Trails
active railways. A survey conducted by RTC in 1997 list 49 existing rails-with-trails abandoned railways for trails, is now assisting in the development of trails along
and provides detailed information on the physical and operating characteristics of the facilities. The study summary states that trails are compatible with active railroads and concludes that these trails are successful alternatives for transportation and
walklbike along a route parallel with the coastline as well as allow access to local provide an ideal opportunity for recreation. The CRT will provide an opportunity to
and regional east-west routes, Class I bicycle paths, Class II bicycle lanes, and other natural walking paths.
11
On May 6. 1998, the Carlsbad Planning Commission, pursuant to Planning
Commission Resolution No. 4269, found the CRT project consistent with the Carlsbad General Plan (PCD 98-01). Therefore, no Planning Commission action is
Council approve the Coastal Rail Trail Project Study Report and certify the Mitigated needed for the City Council to act on the PSR and MND. Staff recommends that the
Negative Declaration as prepared by the Planning Director.
ENVIRONMENTAL REVIEW:
Although the 1996 MOU designated the City of Carlsbad as "lead agency", the
agreement did not technically designate the City as Lead Agency for California
Environmental Quality Act (CEQA) purposes. The formal designation of Lead
Agency for CEQA purposes was made by the affected coastal cities in the form of
executed resolutions. These resolutions, approved by the City Councils of
Oceanside. Encinitas, Solana Beach and Del Mar, specifically designated the City of
Carlsbad as Lead Agency for CEQA purposes and also stipulated that they would
agree to the implementation of the mitigation measures contained in the Mitigated
Negative Declaration.
Therefore, the City of Carlsbad, consistent with Section 15367 of CEQA, which
defines Lead Agency, processed a Mitigated Negative Declaration environmental
document that encompasses the proposed alignment of the trail between the
San Luis Rey River in Oceanside to the southem boundary of the City of Del Mar.
The MND document and all supporting reports and studies were made available
during the public review period at all city halls and public libraries within the affected
coastal cities of northern San Diego County. The coastal cities may use the MND as
the basis for determining environmental impacts during the future design phase of
the Coastal Rail Trail project.
The mitigation measures addressed in the MND are as follows:
1. Landscape plans to mitigate visual impacts from safety barriers and fencing,
2. Landscape plans to mitigate visual impacts from various retaining walls.
3. Treatment of walls to be addressed by each City with regards to color, materials
and style to minimize visual impacts,
4. Acquire necessary NCTD and/or PUC approvals, licenses or agreements,
5. Process a sign program for trail users consistent with the PSR,
6. Provide adequate maintenance provisions, and
7. Cultural resource testing of a specific site in Carlsbad.
12
The Mitigated Negative Declaration was signed hy the Planning Director on
November 21, 2000 and underwent a mandated 30-day public review period.
agencies through the State Clearinghouse. Six letters of comment were received
However, the public review period was extended to include review by the resource
representing: the City of Encinitas, the City of San Diego, North County Transit
District, Caltrans, California Department of Fish and game, the San Diego County
Archaeological Society. The City and consultants hired for the environmental phase
of Coastal Rail Trail project have sent written responses. No significant impacts will
result from the project as reflected in the written responses. Comment letters and
City response letters are attached.
Therefore, the Coastal Rail Trail will not create any significant environmental impacts
to the city or the region.
FISCAL IMPACT:
In 1992, SANDAG, in association with the coastal cities of Carlsbad, Oceanside,
Transportation Efficiency Act (ISTEA) funding application to conduct a detailed
Encinitas Solana Beach Del Mar, and San Diego. sponsored an Intermodal Surface
feasibility study. The grant was awarded, and together with an additional grant
through a State of California Transportation Systems Management Program, the
cities embarked on a major effort to plan, design, and construct the longest,
continuous rail trail of its type in the country. The $960,000 appropriated from CMAQ
and TSM have been used for the preparation of the PSR and associated
environmental documents and special studies.
Since 1992. the coastal cities have applied through varying sources to secure funds
for the design efforts and ultimate construction of a potion of the entire route. At this
time, approximately $12.5M of ISTEA funds has been approved for the region for the
Coastal Rail Trail project. A majority of this amount is specifically dedicated to the
portion of the project within Oceanside, Carlsbad and Encinitas.
'13
EXHIBIT b
The County of San Diego Contracting Manual, ianuay 1982 Ed., Parts 1-8, Termination of Contracts,
PART 1-8 TERMINATION OF CONTRACTS
1-8.000 Scope and Applicability of Part.
(a) This Part sets forth policies and procedures relating to the complete or partial termination of
contracts for the convenience of the County or for default, and sets forth policies and procedures
relating to the settlement of claims arising therefrom.
(b) This Part applies to contracts which initially, or by amendment, provide for termination for the
convenience of the County or for the default of the contractor. However, to the extent that clauses
actually used in contracts are inconsistent with the provisions of this Part, the provisions of the
clauses actually used shall control. Where a termination for convenience clause has not been
included in a contract, this Part may also be used for guidance in negotiating a settlement
agreement, or in making an equitable adjustment. ..
SUBPART 1-8.1 DEFINITION OF TERMS
1-8.101 Definitions
As used in this Part, the following terms have the meanings stated:
(a) "Continued portion of the contract" means that portion of a partially terminated contract which
relates to work or end items not already completed and accepted prior to the effect date of
termination and which the contractor must continue to perform.
(b) "Contractor inventory" means (1) any property acquired by and in the possession of a contractor or
subcontractor (including County-furnished property) under a contract pursuant to the terms of
which title is vested in the County, and in 'excess of the amounts needed to complete full
performance under the entire contract and (2) any property which the County is obligated to or
has an option to take over under any type of contract as a result either of any changes in the
specifications or plans thereunder or of the termination of such contract (or subcontract
thereunder), prior to completion of the work, for the convenience or at the option of the County.
(c) "Effective date of termination" means the date upon which the notice of termination first
requires the contractor to stop performance, in whole or in part, under the contract. If, however,
the termination notice is received subsequent to the date fixed for termination, then the effective
date of termination means the date on which the notice is received.
(d) "Material" means property which may be incorporated into or attached to an end item to be
contract. It includes, but is not limited to, raw and processed material, parts, components,
delivered under a contract or which may be consumed or expended in the performance of a
assemblies, and small tools and supplies which may be consumed in normal use in the performance
of the contract.
(e) "Other work means any current or scheduled work of the contractor, whether County or
commercial, other than work related to the terminated contract.
(f) "Prime contract" means any contract as defined in 1-1.208 entered into by the Counv.
"Settlement agreement" means a written agreement, in the form of an amendment to the contract,
between the contractor and the County settling all or a se\wable portion of a settlement proposal.
"Settlement proposal" means a termination claim submitted by the contractor or subcontractor in
the form, and supported by the data, required by this Part.
prime contract, for compensation for the termination, in whole or in part, of the prime contract or
"Termination claim" means any claim by a contractor or subcontractor, permitted by the terms of a
a subcontract thereunder, and any other claim which this part authorizes to be asserted and
settled in connection with a termination settlement.
"Termination inventory" means any items of physical property purchased, supplied,
manufactured, furnished, or otherwise acquired for performance of the terminated contract and
properly allocable to the terminated portion of the contract. The term does not include any
facilities, material, production or other equipment, or special tooling, which are subject to a
separate contract or a special contract provision governing the use or disposition thereof.
Termination inventory may include contractor-acquired property and County-furnished property.
"Terminated portion of the contract" means that portion of a terminated contract which relates to
work or end items not already completed and accepted prior to the effective date of termination
and which the contractor is not to continue to perform.
SUBPART 1-8.2 GENERAL PRINCIPLES APPLICABLE TO THE TERMINATION FOR CONVENIENCE AND SETTLEMENT OF CONTRACTS.
1-8.200 Scope of Subpart
This Subpart 1-8.2 deals with general principles applicable to the termination and to the settlement of
fixed-price type contracts terminated for the convenience of the County. Additional principles
applicable to the settlement of fixed-price types of contracts, terminated for convenience, are set forth
in Subparts 1-8.3 and 1-8.4, respectively.
1-8.201 General.
(a) Contracts shall be terminated for the convenience of the County when it is determined that such
action is in the best interest of the County. As a general policy, only unilateral termination by
the County should be included in contracts. To permit the contractor to terminate a contract at his
convenience is to encourage under-bidding or "buy-ins" when the contractor determines he cannot
perform for prices bid or agreed to in the contract. Exceptions to the general policy under which a
contract contains a mutual Termination for Convenience clause must be fully explained,
documented and specifically approved by the Department Head.
(b) A well-drafted termination for convenience clause defines the rights of the County and of the
contractor in a termination of the contract for the convenience of the County and provides for the
settlement of claims thereunder. Thus, the contractual right to terminate a contract for the
'convenience of the County and to make a settlement agreement is based on such a clause.
However, the power of a contracting activity to issue a termination notice does not depend on the
existence of a termination for convenience clause, however, such action normally constitutes a
breach of contract. Such a breach of contract may subject the County to liability for common-law
damages, including anticipatory profits, unless the County arrives at a voluntary settlement with
the contractor.
2
(c) A contract which initially does not provide for termination for the convenience of the Countv
may, with the consent of the contractor, be amended either prior to or after termination to
incorporate such a clause. Even though a contract is not so kmended, a settlement agreement may
be entered into after termination of the contract.
1-8.202 Notice of Termination.
(a) Contracts shall be terminated for convenience only by a written notice to the contractor stating:
(1) That the contract is being terminated for the convenience of the County (citing the
appropriate contract clause, if any, authorizing such termination);
(2) The effective date of termination;
(3) The extent of the termination and, if a partial termination, the portion of the contract to
be continued; and
(4) Any special instructions.
(b) A copy of the notice of termination shall be sent to each known assignee, guarantor, or surety of
the contractor.
1-8.203 Methods of Settlement.
Settlement of contracts terminated for convenience may be effected by (a) negotiated agreement, (b)
determination by the contracting officer, or (c) a combination of the methods. Every effort shall be
made to reach a fair and prompt settlement with the contractor. The negotiated agreement is the most
expeditious and most satisfactory method of settling termination claims and shall be used whenever
feasible. Settlement by determination shall be used only when a termination claim cannot be settled by
agreement.
1-8.204 Duties of the Prime Contractor After Receipt of Notice of Determination
After receipt of the notice of termination, the contractor must comply with the termination clause of the
contract and the notice of termination, except as otherwise directed by the contracting officer under the
authority of the clause. The clause and the notice generally should require, if applicable, among other
things, that the contractor:
(a) Stop work on the terminated portion of the contract and discontinue placing subcontractors
thereunder;
(b) Terminate all subcontracts related to the terminated portion of the prime contract;
(c) Immediately advise the contracting officer of any special circumstances precluding the stoppage
of work;
(d) If the termination is partial, perform the continued portion of the contract and submit promptly
any request for equitable adjustment of the price with respect to the continued portion of the
contract, supported by evidence of any increase if the cost thereof;
(e) Take such action as may be necessary, or as the contracting officer may direct, to protect and
preserve property in the possession of the contractor in which the County has or may acquire an
interest and to the extent directed by the contracting officer, deliver such property to the County;
3
(f) Promptly notify the contracting officer, in writing, of any legal proceeding against the contractor
growing out of any subcontract or other commitment related to the terminated portion of the
contract;
(9) Settle all outstanding liabilities and all claims arising out of termination of subcontracts,
obtaining any approvals or ratifications required by the contracting officer;
(h) Promptly submit his own settlement proposal, supported by appropriate schedules; and
(i) Dispose of any termination inventory, as directed or authorized by the contracting officer.
1-8.205 Duties of Contracting Officer After Issuance of Notice of Termination
(a) In accordance with the termination clause in the contract and with the notice of termination, the
contracting officer shall, if applicable, among other things:
(1) Direct the action required of the contractor;
(2) Examine the settlement proposal of the prime contractor and, when appropriate,
the settlement proposals of subcontractors;
(3) Promptly negotiate settlement with the contractor and enter into a settlement
agreement; and
(4) To the extent that he is unable to negotiate settlement after due and diligent effort,
promptly settle the contractor's claim by determination.
(b) To expedite settlement, the contracting officer shall seek assistance from specially qualified
personnel (such as legal, accounting, inspecting, engineering and property disposal personnel).
1-8.206 Fraud or Other Criminal Conduct,
Whenever the contracting officer has reason to suspect fraud or other criminal conduct in connection
with the settlement of a terminated contract, he shall discontinue all negotiations with the contractor
and shall report the facts to the District Attorney.
1-8.207 Settlement of Subcontract Claims,
1-8.207-1 Subcontractor's Rights.
Unless otherwise specifically provided, a subcontractor has no contractual rights against the County
or intermediate subcontractor with whom he has contracted. Upon termination of a prime contract, the
upon the termination of a prime contract. The rights of a subcontractor are against the prime contractor
prime contractor and each subcontractor are responsible for the prompt settlement of the termination
claims of their immediate subcontractors.
1-8.207-2 Prime Contractor's Rights and Obligations.
Each termination for convenience clause provides that, after receipt of a notice of termination, the
prime contractor shall (except as otherwise directed by the contracting officer) terminate all
subcontracts to the extent that they relate to the performance of any work terminated by a notice of
termination. Prime contractors should, for their own protection, include a termination clause in their
subcontracts. The failure of a prime contractor to include an appropriate termination clause in any
subcontract, or to exercise his rights thereunder, shall not (a) affect the right of the County to require
4
the termination of the subcontract, of (b) increase the obligation Of the County beyond that which
would have arisen if the subcontract had contained an appropriate termination clause. In any such
case, the reasonableness of the prime contractor's settlement with the subcontractor should normally be
measured by the aggregate amount which would be due under subparagraphs (1). (2) and (3) of
paragraph (e) of the suggested subcontract termination clause. Reimbursement in excess of that amount
shall be allowed only in unusual cases, and then only when the contracting officer is satisfied that the
terms of the subcontract were negotiated in good faith and did not unreasonably increase the rights of
the subcontractor.
1-8.207-3 Settlement Procedure.
Settlements with subcontractors shall be made in general conformity with the policies and principles
relating to settlement of prime contracts.
1-8.207-4 Delay in Settlement of Subcontractor Claims,
Where a prime contractor is Fable to settle with a subcontractor and such inability is delaying the
from the settlement the whole or any part of the claim of such subcontractor and reserving the rights of
settlement of the prime contract, the contracting officer may settle with the prime contractor, excepting
the County and of the prime contractor with respect thereto.
1-8.208 Settlement Agreements.
1-8.208-1 General.
When a settlement has been negotiated with respect to the terminated portion of a contract and all
settlement agreement. The settlement shall cover (a) any setoffs and counterclaims which the County
required reviews have been obtained, the contractor and the contracting officer shall enter into a
all claims of subcontractors except claims which are specifically excepted from the agreement and
may have against the contractor and which may be applied against the terminated contract, and @)
reserved for separate settlement.
1-8.208-2 No-cost Settlement.
If no costs have been incurred by the contractor with respect to the terminated portion of the contract or
if the contractor is willing to waive the costs incurred by him and if no amounts are due to the County
under the contract, a no-cost settlement agreement shall be executed,
1-8.208-3 Partial Settlement
Every effort should be made by the contracting officer to settle in one agreement all rights and
liabilities of the parties under the contract except those arising from any continued portion of the
contract. Generally, contracting officers shall not attempt to make partial settlements covering
particular items of the prime contractor's settlement proposal. However, when a contracting officer
cannot promptly affect a settlement under the terminated contract, a partial settlement may be entered
into if (a) issues on which agreement has been reached are clearly severable from other issues, and (b)
the partial settlement would not prejudice the interests of the County or the contractor in disposing of
the unsettled part of the claim.
1-8.208-4 Settlement by Determination
(a) General. To the extent that the contractor and the contracting officer are unable to agree upon the
settlement of a terminated contract or if a termination claim is not submitted within the period
required by the termination clause in the contract, the contracting officer shall issue a
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determination of the amount due in accordance with the termination clause in the contract.
including any cost principles incorporated therein by reference. The contracting officer shall
comply with the applicable provisions of 1-8.208-1 through 1-8.208-3 in making any such
determination.
Notice to contractor. Before issuing a determination of the amount due the contractor, the
contracting officer shall give the contractor not less than 15 days notice by certified mail (return
amount claimed to be due.
receipt requested) to submit, on or before a stated date, written evidence substantiating the
Submission of evidence.
The contractor has the burden of establishing, by proof satisfactory to the contracting
officer, the amount claimed.
The contractor may submit such vouchers, verified transcripts of books of account,
affidavits, audit reports and other documents as he wished. The contracting officer may
accounting, investigations and audits to be made as he deems appropriate.
request the contractor to submit such additional documents and data and may cause such
The contracting officer may accept photostatic or other copies of documents and records
without requiring original documents unless there is a question of authenticity.
If the contractor wishes to confer with the contracting officer, or if the contracting officer
wishes additional information from County personnel or from independent experts, or
wishes to consult persons whose affidavits or reports have been submitted, the contracting
officer may, at his discretion, hold such conferences as he deems appropriate.
Determination. After reviewing the information submitted, the contracting officer shall transmit
a copy of his determination to the contractor by certified mail (return receipt requested). The
letter of transmittal shall advise the contractor that the determination is his final decision, In
The determination shall set forth the amount due the contractor and shall be supported by
addition, the letter shall state whether or not an appeal may be taken under the Disputes clause.
detailed schedules, additional information and analysis, as appropriate. An adequate
explanation shall be given foe each major item of disallowance. The contracting officer need not
reconsider (1) any settlement with a subcontractor (2) any disposition of property, or (3) any
action relating to the terminated portion of the contract, where such settlement, disposition or
other action has been previously ratified or approved by him or another duly authorized
contracting officer.
Preservation of evidence. The contracting officer shall retain in appropriate files of the
contracting agency all written evidence and other data or copies thereof, relied upon him in
making his determination, except that copies of original books of account need not be made. Books
of account, together with other original papers and documents, shall be returned to the contractor
within a reasonable time.
Appeals. The contractor has the right of appeal under the Disputes clause of the contract form
has failed to submit his settlement proposal within the time provided in the contract and has
any settlement by determination, except that the contractor has no such right of appeal where he
failed to request extension of such time. The pendency of an appeal shall not affect the authority
of the contracting officer to settle the termination claim or any part thereof by a negotiated
agreement with the contractor at any time before the appeal is decided.
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1-8.209 Contracting Officer's Negotiation Memorandum
The contracting officer shall, at the conclusion of the settlement negotiation, prepare and sign a
memorandum setting forth the principle elements of the settlement for inclusion in the contract file and
for the use of reviewing authorities, if any. If the settlement was negotiated on the basis of individual
settlement was negotiated on an overall lump-sum basis, the contracting officer need not evaluate each
items, the contracting officer shall specify the factors considered with respect to each item. If the
supported in reasonable detail. The memorandum shall include explanations of matters as to which
item or group of items individually, but the total amount of the recommended settlement shall be
connection therewith, and any other matters which, in the opinion of the contracting officer, will assist
differences and doubtful questions were settled by agreement, and the factors taken into consideration in
reviewing authorities, if any, in understanding the basis for the settlement.
1-8.210 Payment.
i-8.210-1 Final Payment Upon Termination.
(a) Negotiated settlement. At the time of execution of a settlement agreement, a voucher or invoice
showing the amount agreed upon, less any portion previously paid, shall be prepared and
processed for payment. A copy of the settlement agreement shall be attached to the voucher or
invoice.
(b) Settlement by determination. In the event of settlement by determination:
(1) If the contractor has not appealed the determination within the time allowed for appeal,
a voucher or invoice showing the amount so determined to be due, less any portion
previously paid, shall be prepared and processed for payment; or
(2) If the contractor has appealed the determination, a voucher or invoice showing the amount
finally determined on such appeal to be due, less any portion previously paid, shall be
prepared and processed foe payment. Pending determination of any appeal, an invoice or
voucher pursuant to (1) of this 1-8.210-1(b)(2) may be processed for payment without
prejudice to the rights of either party on the appeal.
(c) Interest. No interest shall be paid by County on the amount due under a settlement agreement or a
settlement by determination.
SUBPART 1-8.3 ADDITIONAL PRINCIPLES APPLICABLE TO THE SE'ITLEMENT OF FKED-
PRICE CONTRACTS TERMINATED FOR CONVENIENCE
1-8.301 General.
(a) A settlement should compensate the contractor fairly for the work done and the preparation
made for the terminated portions of the contract, including an allowance for profit thereon which
is reasonable under the circumstances. Fair compensation is a matter of judgment and cannot be
' measured exactly. In a given case, various methods may be equally appropriate for arriving at
fair compensation. The application of standards of business judgment, as distinguished from strict
accounting principles, is the heart of a settlement.
(b) The primary objective is to negotiate a settlement by agreement. The parties may agree upon a
total amount to be paid the contractor without agreeing on, or segregating, the particular
elements of costs or profit comprising this amount.
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(c) Cost and accounting data may provide guides, but are not rigid measures, for ascertaining fair
compensation. In appropriate cases, costs may be estimated, differences compromised and
doubtful questions settled by agreement. Other types of data, criteria or standards may furnish
equally reliable guides to fair compensation. The amount of record keeping, reportblg and
accounting, in connection with the settlement of termination claims, shall be kept to the minimum
compatible with the reasonable protection of the public interest.
1-8.303 Adjustment for Profit.
(a) General. Profit shall be allowed only on preparation made and work done by the contractor for
the terminated portion of the contract but may not be allowed on the contractor's settlement
expenses. Anticipatory profits and consequential damages shall not be allowed. Any reasonable
method may be used to arrive at a fair profit, separately or as a part of the whole settlement,
1-8.303 Adjustment for Loss.
(a) . In the negotiation or determination of any settlement, no profit shall be allowed if it appears the
contractor would have incurred a loss had the entire contract been completed. The amount of loss
shall be negotiated or determined and an adjustment in the amount of the settlement shall be
made as specified in @) of this 1-8.303. In estimating the cost to complete, consideration shall be
given to expected production efficiencies and to other factors affecting the cost'to complete.
(b) If the settlement is on an inventory basis (see 1-8.304), the contractor shall not be paid more than
the total of the amounts in (1) through (3) below, less all disposal credits and all unliquidated
advance and progress payments previously made to the contractor under the contract:
(1) The amount negotiated or determined for settlement expenses;
(2) The contract price, as adjusted, for acceptable completed end items; and
(3) The remainder of the settlement amount otherwise agreed or determined.
1-8.304 Settlement Proposals.
1-8.304-1 Submission of Settlement Proposals.
(a) Subject to the provisions of the termination clause in the contract, the contractor shall promptly
submit to the contracting officer a settlement proposal setting forth the amount claimed to be due
by reason of the termination. The proposal shall be submitted within 90 days after the effective
date of the termination or within one or more extensions thereof granted by the contracting
officer.
(b) This settlement proposal shall cover all elements of the contractor's claim, including settlements
with subcontractors. With the consent of the contracting officer, proposals may be filed in
successive steps covering separate portions of the claim. Such interim proposals shall include all
costs of a particular type, except as the contracting officer may authorize otherwise.
1-8.304-2 Basis for Settlement Proposals.
(a) General. The preferred accounting basis for preparing the settlement proposal is the inventory
basis, since the contractor must compute and set forth costs applicable to that portion of the
contract which is terminated. However, if costs are so recorded in the contractor's books as to
. make it impossible to separate costs between the completed units and work in process, it will not
be possible to use the inventory basis; in which case the contracting officer may approve the total
8
cost basis, which is a more indirect method of arriving at the contractor's costs applicable to the
terminated portion of the contract. Termination claims shall not be submitted on any basis other
than the inventory and total cost bases.
(b) Inventory Basis.
(1) Under the inventory basis, the contractor shall claim only costs chargeable or allocable to
itemize separately:
that portion of the c contract which is terminated, and the settlement proposal shall
(i) At purchase or manufacturing cost, each of the following: metals, raw materials,
purchased parts, work in process, finished parts, components, dies, jigs, fixtures and
tooling;
(ii) Charges such as engineering costs, initial costs and general and administrative costs;
(iii) Costs of settlements with subcontractors;
(iv) Settlement expenses; and
(v) Other proper charges.
(2) An allowance for profit or adjustment for loss shall be made to complete the gross
other credits horn when the proposal is submitted, shall be deducted.
termination claim. All unliquidated advance and progress payments, and all disposal and
(c) Total Cost Basis.
When use of the inventory basis is not practicable or will unduly delay settlement, the
total cost basis may be used if approved in advance by the contracting officer.
contract up to the effective date of termination shall be itemized and the costs of
When the total cost basis is used under a complete termination, all costs incurred under the
settlements with subcontractors and applicable settlement expenses shall be added. An
allowance for profit or adjustment for loss shall be made. The contract price for all end
items which have been, or are to be, delivered and accepted shall be deducted. All
unliquidated advance payments, unliquidated progress payments and disposal and other
credits known when the proposal is submitted shall be deducted.
When the total cost basis is used under a partial termination, the settlement proposal shall
not be submitted until completion of the continued portion of the contract. The settlement
proposal shall be prepared in accordance with (2) of this subpart, except that all costs
incurred to the date of completion of the continued portion of the contract shall be included.
Limitation on Settlements.
Exclusive of the settlement costs, the total amount payable to the contractor on account of a settlement,
by the amount of payments otherwise made and as further reduced by the contract price of the work not
whether through negotiation or by determination, shall not exceed the total contract price as reduced
terminated.
9
SUBPART 1-8.4 TERMINATION FOR DEFAULT
1-8.400 Scope of Subpart.
This subpart sets forth policies and procedures for the utilization and application of the default clause
1-8.401 General.
Termination for default is generally the exercise'of a contractual right of the County to terminate,
in whole or in part, the contractor's right to proceed by reason of his failure, actual or
anticipatory, to perform his obligations under the contract.
notice of termination for default, it is determined for any reason that, under the provisions of the
If the contract provides for its termination for convenience of the County and if, after issuance of a
provides that the notice of termination shall be deemed to have been issued under the
clause, the contractor was not in default or that the default was excusable, each of the clauses
parties shall be governed accordingly.
termination for convenience provisions of the contract, and that the rights and obligations of the
Notwithstanding the provisions of (b) of 1-8.401, the contract may be reinstated by mutual
agreement where the contracting officer determines that such reinstatement is in the best interest
of the County.
In addition to the termination rights and remedies provided in the contract clauses, the County
may in appropriate cases pursue termination or cancellation rights and remedies provided by law
or by other clauses of the contract.
1-8.402 Default Termination of Fixed-price Supply Contracts.
1-8.402-1 The County's Right .to Terminate for Default
Under contracts containing the default clause, the County has the right, subject to notice, to terminate
the whole or any part of the contract for default if the contractor (a) fails to make delivery of the
supplies or to perform the services within the time specified in the contract, (b) fails to perform any
contract.
other provision of the contract, or (c) fails to make progress so as to endanger performance of the
1-8.402-2 Effect of Determination for Default,
(a) Under a termination for default, the County is not liable for the contractor's costs on undelivered
work and is entitled to the repayment of any advance payments and of any progress payments
contractor to transfer title and deliver to the County completed supplies ands manufacturing
applicable to such work. The County may elect, pursuant to the default clause, to require the
materials in the manner and to the extent directed by the contracting officer. The contracting
officer shall not use the default clause to acquire any completed supplies or manufacturing
materials unless he has made certain that the County does not already have title thereto under
some other provision of the contract. In the event manufacturing materials are to be acquired by
the County under the authority of the Default clause for the purpose of furnishing the materials
to any other contractor, the contracting officer shall take such action only after giving due
consideration to the difficulties that such contractor may encounter in making use of the
materials.
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(b) The County shaI1 pay to the contractor the contract price for any completed supplies, and the
amount agreed upon by the contracting officer and the contractor for any manufacturing materials
acquired by the County pursuant to the default clause.
(c) The contractor is liable to the County for any excess costs for supplies and services procured, and
for any other damages, whether or not repurchase is effected. However, where the failure to
perform arises out of causes which are excusable under the clause, the contractor shall not be
liable for any excess costs.
1-8.402-3 Procedure in Case of Default.
(a) The default clause covers situations where the contractor has in fact defaulted by failure to make
delivery of the supplies or to perform the service within the time specified by the contract or any
extension thereof. In such situations, no notice of failure by the contractor or the possibility of
termination for default is required by the terms of the clause to be sent to the contractor prior to
the actual notice of termination. However, if the County has taken any action which might be
construed as a waiver of the contract delivery or performance date, a preliminary notice shall be
sent the contractor setting a new date by which the contractor will be permitted to make delivery
or complete performance, reserving the County's rights under the default clause. Dependent upon
to his contractual liabilities should the contract be terminated for default under subparagraph
the circumstances in each case, such a preliminary notice: (1) shall call the contractor's attention
failure of the contractor to present such explanation may be taken as an admission that no valid
(a)(i) of the clause, (2) may request an explanation of the contractor's failure, (3) may state that
explanation exists, and (4) may invite the contractor to discuss the matter at a conference. .
(b) The default clause covers situations in which the contractor fails to perform any of the other
provisions of the contract (such as not furnishing a required performance bond) or so fails to make
progress as to endanger performance of the contract in accordance with its terms. In either of such
situations, the contracting officer must formally notify the contractor of such failure before issuing
provisions of the contract which the contractor has failed to meet, or a summary of the findings
a termination notice. Such notification shall set forth in concise, but complete, form all of the
performance of the contract, or both. The extent of detail to be included will vary depending upon
which have demonstrated that the contractor has failed to make acceptable progress in the
the nature and amount of previous correspondence with the contractor; but any such previous
correspondence relied upon shall be specifically referenced in the preliminary notice. The-
preliminary notice: (1) shall state that a notice of termination for default may be issued upon
expiration of the ten-day (or longer) period unless the failure to perform or to make adequate
contractual liabilities in the event the contract is terminated for default, (3) shall request an progress toward performance has been cured, (2) shall call the contractor's attention to his
explanation of the contractor's failure to perform the contract, (4) may state that failure of the
contractor to present such explanation may be taken as an admission that no valid explanation
exists, and (5) may invite the contractor to discuss the matter at a conference.
(c) The contracting officer shall consider the following factors in determining whether to terminate a
contract for default
(1) The provisions of the contract and applicable laws and regulations;
(2) The specific failure of the contractor and the excuses, if any, made by the contractor for such
failure;
(3) The availability of the supplies or services from other sources;
11
the urgency of the need for the supplies or services and the period of time which would be
which delivery could be obtained from the delinquent contractor;
required to obtain the supplies or services from other sources as compared with the time in
The degree of essentiality of the contractor to the County procurement program and the
effect a termination for default upon the contractor's capability as a supplier under other
contracts;
The effect of a termination for default on the ability of the contractor to liquidate
guaranteed loads, progress payments or advance payments;
The availability of the funds to finance repurchase costs which may prove to be
uncollectable from the defaulted contractor and the availability of funds to finance
termination costs if the default is determined to be excusable; and
Any other pertinent facts and circumstances
When the contracting officer determbies that termination for default is proper, he shall issue a
notice of termination which shall:
Set forth the contract number and date;
Describe the acts or omissions constituting the default;
State that the contractor's right to proceed further with performance of the contract (or a
specified portion of the contract) is terminated;
If the contracting officer has not determined whether the failure to perform is excusable,
state that the supplies or services terminated may be procured against the contractor's
account and that the contractor may be held liable for any excess costs;
If the contracting officer has determined that failure to perform is not excusable, state that
the notice of termination constitutes such decision and state that the contractor will be held
liable for any excess costs and also state that the contractor has the right to appeal such
decision under the Disputes clause;
State that the County reserves all rights and remedies provided by law or under contract, in
addition to charging excess costs; and
State that the notice constitutes a decision that the contractor is in default as specified and
that the contractor has the right to appeal under the Disputes clause.
The same distribution shall be made of the termination notice as was made of the contract. In
shall be advised to withhold further payments under the terminated contract pending additional
addition, a copy shall be furnished to the surety, if any, and the procuring activity's fiscal office
instructions which shall be given when sufficient information is available.
If the contracting officer determines before issuance of the notice of termination that the
negligence and that termination is in the best interest of the County, the contracting officer shall
contractor's failure to perform arose from causes beyond his control; and without his fault or
either terminate for convenience where the contract contains a termination for convenience clause
or terminate the contract for default, without assessing excess costs, where the contract does not
contain a termination for convenience clause.
12
(9) If the contracting officer has not been able to determine, prior to issuance of the notice of
termination, whether the contractor's failure to perform arose from causes beyond his control and
without his fault or negligence, he shall make a written decision on that point as soon as
practicable after issuance of the notice of termination. Such decision shall be delivered promptly
the Disputes clause.
to the contractor with notification that he has the right to appeal the decision as specified in
1-8.402-4 Procedures in Lieu of Termination for Default.
The following courses of action, among others, are available to the contracting officer in lieu of
termination for default when in the best interest of the County:
(a) Permit the contractor, his surety, or his guarantor, to continue performance of the contract under a
revised delivery schedule;
(b) Permit the contractor to continue performance of the contract by means of a subcontract or other
business arrangement with an acceptable third party, provided the rights of the County are
adequately preserved; or
(c) If the requirement for the supplies and services specified in the contract no longer exists and the
contractor is not liable to the County for damages, execute a no-cost termination settlement
agreement.
1-8.402-5 Documentation of Contract File.
In all cases where a contract is terminated for default, the contract file shall be well documented to
explain fully the reasons for the action taken.
1-8.402-6 Repurchase Against Contractor's Account.
(a) Where the supplies or services are still required after termination and the contractor is liable for
excess costs, repurchase of supplies or services which are the same as or similar to those called
for, the contract shall be made against the contractor's account as soon as practicable after
termination. Such purchase shall be at as reasonable a price as practicable considering the
quality required by the County and the time within which the supplies or services are required.
The contract of repurchase may be made for a quantity in excess of the undelivered quantity
terminated for default, when such excess quantity is needed (so long as this does not result in
paying a higher unit .price than available for the undelivered quantity) but excess costs may be
charged against the defaulting contractor for no more than the undelivered quantity terminated
for default (including variations in quantity permitted by the terminated contract).
(b) If the repurchase is for a quantity not in excess of the undelivered quantity terminated for
default, the legal requirements with respect to formal bidding procedures are inapplicable.
However, the contracting officer shall use formal bidding procedures except where there is good
reason to negotiate. If the contracting officer decides to negotiate the repurchase contract, he
shall note the reason in the contract file and shall identify the procurement as a repurchase in
accordance with the provisions of the default clause in the defaulted contract. If the repurchase
determining whether bidding or negotiation should be used, the entire quantity shall be treated
is for a quantity in excess of the undelivered quantity terminated for default, for the purpose of
as new procurement.
, (c) If repurchase is effected at a price in excess of the price of the supplies terminated, the
contracting officer shall make a written demand on the contractor for the total amount of such
excess, giving due consideration to any increases or decreases in other ascertainable costs such as
13
transportation and discounts. If the contractor fails to make payment, the contracting officer
shall follow County procedures for collecting claims in favor of the County.
1-8.402-7 Other Damages.
(a) If a contract is terminated for default or if a course of action in lieu of termination for default is
damages to which the County may be entitled under the contract. Pursuant to the contract
followed, the contracting officer shall promptly ascertain and make demand for any liquidated
provisions for liquidated damages, such damages are in addition to any excess costs of
reprocurement.
(b) If the County has suffered any other ascertainable damages as a result of the contractor's default,
the contracting officer shall, on the basis of legal advice, take appropriate action to assert the
County's claim for such damages.
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EXHIBIT @/
ARTICLE IIIk
AFFIRMATIVE ACTION FOR VENDORS
SECTION 84. AFFIRMATIVE ACTION PROGRAM. This article establishes an Affirmative
contracts to take affirmative action to improve employment of disabled persons in their work forces.
Action program to require vendors of the County of San Diego, and their subcontractors, on County
The goal of the Affirmative Action Program shall be the attainment of the condition at each
vendor's work force such that the employment of handicapped persons at all levels of the vendor's'
work force, for all activities, is approximately equal to the proportion of handicapped persons in the
local labor market of the County of San Diego, based on the current Federal Census Data.
Nothing contained within this ordinance shall be constructed to promote sexual discrimination
SECTION 84.1. DEFINITIONS. Unless the provisions of the contract otherwise requires, these
definitions govern the construction of this Article:
(a) "Contract" means a purchase order, offer and acceptance, lease agreement or other
within the definition of a vendor.
arrangement creating an obligation to which the County is a party and would bring the other party
(b) "Subcontractor" means any person who agrees with any vendor who has a contract with the
County of San Diego to furnish supplies, goods or services to such vendor with respect to such contract.
part of the contract.
(c) "Contract documents".mean any document or group of documents which constitute or form
(d) "Person" means any individual, firm co-partnership, joint venture, association, social club,
San Diego), city and county, city, municipal corporation, district or other political subdivision, or any
fraternal organization, corporation, estate, trust, receiver, syndicate, county (other than the County of
other group or combination acting as a unit.
(e) "Vendor" means all persons who provide, or offer to provide to the County, labor,
equipment, materials or services of any kind or type, pursuant to a purchase order from the Purchasing
Agent of the County or pursuant to a contract awarded by the Board of Supervisors; service contractors
performing services for the County; all banks or institutions which receive money for deposit from the
County other than the Treasurer; all persons who lease property or equipment from the County; and all
persons who receive grant monies pursuant to a contract awarded by the Board of Supervisors.
tasks required of the position.
(f) "Competent" means possessing the requisite abilities and skills to perform the duties and
(9) "Local labor market" means the entire San Diego County labor market.
promote minority, women and handicapped employees when opportunities exist for employment and
(h) "Good faith efforts" mean efforts made in sincerity and with genuine purpose to hire and/or
promotion. Good procedures set forth in Section 84.9 to recruit, employ, train, upgrade and retain
minorities, women and handicapped persons and also by including the specific, detailed documentation
in instances of failure.
which substantially limits one or more major life activities, (2) has a record of such impairment, or (3)- (i) "Handicapped person" means any person who (1) has a physical or mental impairment
is regarded as having such an impairment.
(j) Physical or mental impairment" means (1) any physiological disorder or condition,
cosmetic disfigurement, or anatomical loss affecting one of more of the following body systems:
neurological musculosketal, special sense organ, respiratory, including speech organs, cardiovascular,
reproductive, digestive, genito-urinary, hemic and lymphatic, skin and endocrine, or (2) any mental or
psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness
and specific learning disabilities.
walking, seeing, hearing, speaking, breathing, learning and working.
(k) "Major life activities" mean functions such as caring for one's seli, performing manual tasks,
a mental or physical impairment that substantially limits one or more major life activities.
(1) "Has a record of such impairment" means has a history of, or has been classified as having,
(m) "Is regarded as having an impairment" means (1) has a physical or mental impairment
such a limitation, (2) has a physical or mental impairment that substantially limits major activities
that does not substantially limit major life activities but that is treated by a vendor as constituting
only as a result of the attitude of others toward such impairment, or (3) has none of the impairments
defined in paragraph (1) of this section, but is treated by a vendor as having such impairment.
parking lots, or other real or personal property or interest in such property.
(n) "Facility" means all or any portion of buildings, structures, equipment, roads, waiks,
of San Diego or staff designee.
(0) "Director" means the Director of the Equal Opportunity Management Office of the County
SECTION 84.2 GOALS. The Director, Equal Opportunity Management Office, through the Board
of Supervisors, shall establish goals for vendor employment of handicapped persons, with such goals
being the proportion of handicapped persons in the local labor market of the County of San Diego based
on current the Federal Census.
SECTION 84.3. INCORPORATION BY REFERENCE. Each vendor and subcontractor of the
County shall be required to make good faith efforts to comply with the Program. This Program shall be
incorporated by reference in all vendor contracts. A vendor who does not comply with the provisions of
this Article shall be ineligible to receive any contract from the County during the period of non-
compliance.
SECTION 84.4 SUPPLEMENTARY RULES. In order to implement this Program, the Board of
Supervisors may from time to time adopt such rules and regulations as it deems reasonable and
necessary.
SECTION 85.5. SMALL WORK FORCES. Vendors and subcontractors who have a regular paid
work force of less than fifteen (15) employees are exempted from compliance with this Article.
Exemption is granted upon vendor's verification of work sue submitted annually.
SECTION 84.6. COMPLIANCE WITH FEDERAL AND STATE LAW
(a) Each Vendor shall submit certification of compliance with Civil Rights Act of 1964,
Executive Orders 11246 and 11375, the Equal Opportunity Act of 1974, the Rehabilitation Act of 1973, as
amended, Department of Labor Regulations, the California Fair Employment Practice Act and the
-2-
State laws and regulations hereinafter enacted. Such certification shall be on foms to be pro\-ided by
the County.
an Affirmative Action Program substantially consistent with the objectives of this Article which is
(b) Notwithstanding any other provisions of this Article, any, vendor or subcontractor who has
approved by an agency of the Federal government shall be deemed to be in compliance with the
Director. Loss of such approval shall be immediately reported by such vendor or subcontractor to the
provisions of this Article upon furnishing documentary evidence of such approval satisfactory to the
Director.
84.7 COMPLIANCE WITH AFFIRMATIVE ACTION PROGRAM.
(a) Each vendor shall have on file with the County certification of compliance with the
provisions of this Affirmative Action Program. This form, to be provided by the County, shall include
agreement to make good faith efforts to meet the current goals as part of the contractual obligations.
an Employment Data Sheet, certification of the authenticity of present employment data and an
of the current year of the County's program and will be acceptable for such term.
(b) This certification and employment data, if approved, will be kept on file for the remainder
by the Board of Supervisors to be in noncompliance with the Affirmative Action Program. Upon
(c) The County will maintain a current lit of vendors and subcontractors who have been found
request, the County will supply this list of prospective vendors.
(d) Any vendor who does not meet the current minimum level goals of this Affirmative Action
Program may be determined- to be in non-compliance with this Affirmative Action Program if
meet the current goals established for this Affirmative Action Program
employment records show that hiring subsequent to the effective date of this Article has not tended to
(e) No employer will be required to discharge any employee in order to increase the number of
handicapped persons.
SECTION 84.8. COMPLIANCE BY SUBCONTRACTORS. Each subcontractor shall be required
to comply with this Article in the same manner as the vendor unless the subcontractor is part of a group
exempted from implementing this program. Each subcontractor not exempted shall submit to the vendor
a certificate that the subcontractor will comply with the provisions of the Affirmative Action
Program. This form, to be provided by the County, shall include an Employment Data Sheet,
certification of the authenticity of present employment data and an agreement to make good faith
efforts to meet the current goals of the Affirmative Action Program as part of the contract. The
apparent successful vendor shall provide to the County these required certificates for all subcontractors
within the prescribed time limit.
SECTION 84.9. COUNTY OF SAN DIEGO AFFIRMATIVE ACTION PLAN- AFFIRMATNE
ACTION EFFORTS. GOOD FAITH COMPLIANCE. The County of San Diego adopts the following
County of San Diego Affirmative Action Plan which sets forth those good faith efforts to be undertaken
by Q vendor in complying with the Affirmative Action Plan:
available and shall maintain records of the organization's responses.
(a) The vendor shall notify local organizations that the vendor has employment opportunities
(b) The vendor shall maintain a file of the names and addressees of each handicapped
applicant referred to the vendor and what action was taken with respect to each such referred
applicant. If such applicant was not sent to the union hiring hall for referral or if such applicant was
not employed by the vendor, the vendor's file should document this and the reasons therefor.
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(c) The vendor shall notify the Director, Equal Opportunity Management Office, when the
union or unions with whom the vendor has a collective bargaining agreement have not referred to the
vendor a handicapped worker sent for by the vendor or the vendor has other information that the union
referral process has impeded the vendor's effort to meet the established goals.
(d) The vendor shall participate in affirmative action training programs in the area,
especially those funded by the County, State Ad Federal governments.
own organization by including it in any policy manual, by publicizing it in company newspapers, annual
(e) The vendor shall disseminate the vendor"s Affirmative Action Policy within the vendor's
reports and other company publications, by conducting staff, employee and union representative's
meetings to explain the policy, by posting the policy and by specific review of the policy with
handicapped employees.
informing and discussing it with all recruitment sources, by advertising in news media, specifically
(f) The vendor shall disseminate the vendor's Affirmative Action Policy externally by
including handicapped persons' news media, by notifying and discussing it with all local handicapped
persons organizations and subcontractors.
directed at all local handicapped persons' organizations, schools with handicapped students,
(9) The vendor shall make specific and constant personal written and oral recruitment efforts
minority, women and handicapped persons' recruitment organizations and handicapped persons'
training organizations.
their friends and relatives.
(h) The vendor shall make specific efforts to encourage present disabled employees to recruit
(i) The vendor shall ensure that all employee specifications, selection requirements, tests,
medical examinations and other employee recruitment or evaluation procedures do not discriminate
against handicapped persons in application or effort.
employment to handicapped youths.
(j) The vendor shall make every effort to provide after school, summer and vacation
(k) Where reasonable, the vendor shall develop on-the-job training opportunities and
needs.
participate and assist in any association or employer group training programs relevant to the vendor's
promotion opportunities and encourage handicapped employees to seek such opportunities.
(I) The vendor shall continually inventory and evaluate all handicapped personnel for
other forms of compensation and other employee practices and classifications do not have an
(m) The vendor shall make sure that seniority practices, job classifications, rates of pay and
unlawfully discriminatory effect on handicapped employees.
limitations of a qualified handicapped applicant or employee, including job restructuring, part time or (n) The vendor shall make reasonable accommodation to the known physical and mental
modification of equipment or devices, the provision of readers or interpreters and other similar actions,
unless the vendor can demonstrate that the accommodation would impose an undue hardship on the
operation of the program.
(0) The vendor shall make certain that all facilities normally used concurrently by all
employees and all company activities are non-segregated and accessible to, and usable by, handicapped
employees.
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San Diego Affirmative Action Plan is being carried out.
(p) The vendor shall continually monitor a11 personnel activities to ensure that this County of
(q) The vendor shall solicit and maximize the utilization of. minority, women and
handicapped-owned businesses as subcontractors depending upon availability, including notification of
handicapped contractor groups and associations.
The vendor's and subcontractor's commitment to attain the current goals on handicapped
utilization as required by the Affirmative Action Program shall constitute a commitment to make good
faith efforts to meet said Affirmative Action Program goals. If a vendor or subcontractor has failed
therein, "good faith" compliance will be determined by the extent of the vendor or subcontractor efforts,
in accordance with the County of San Diego Affirmative Action Plan, to meet Affirmative Action
Program goals.
SECTION 84.10. SUBMISSION OF AFFIRMATIVE ACTION PLANS.
(a) Any vendor may submit to the Equal Opportunity Management Office of the County of San
adopting the County's Affirmative Action Program.
Diego for review and approval of a written affirmative action plan developed by the vendor in lieu of
(b) The vendor's or subcontractor's affirmative action plan must include an analysis of all major
job categories within the vendor's work force, with a notation if handicapped persons are currently
being underutilized in any one or more job categories. In making the work force analysis, the vendor
shall conduct such analysis separately for handicapped persons.
for projected handicapped person's employment on a line-by-line (job title) basis. Goals and timetables
(c) The vendor's or subcontractor's affirmative action plan must include goals and timetables
must be designed to correct any identifiable deficiencies. Where deficiencies exist and where numbers
or percentages are relevant in developing corrective action, the vendor shall establish and set forth
specific goals and timetables separately for handicapped persons.
(d) The vendor or subcontractors shall submit a certification of compliance with the County's
Affirmative Action Program for Vendors together with its affirmative action plan.
SECTION 84.11. VENDORS DUTIES.
classification are equal to, or exceed, the current goals by general classification as established for each
(a) If the vendor's handicapped work forces and the distribution of such work forces by general
year of the affirmative action program, the vendor will not be required to demonstrate the efforts made
in reference to upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination for any period during which the vendor reaches or exceeds the established goals.
information with respect to all employees directly or indirectly performing work under the County (b) The vendor shall maintain, and permit access to, updated employment records and
contract in accordance with the direction of the County, setting forth the distribution of personnel and
members of all handicapped groups by classification, including information relating to apprentices'and
trainees.
(c) Vendors shall also demonstrate compliance on the contract by submitting evidence of
handicapped employment by general classification of both permanent and temporary employees. The
County may exempt from .the affirmative action plan those facilities of the vendor and the vendor's
subcontractors not involved in performance under the County contract.
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(d) The vendor shatl send to each labor union, worker representativ
with which such vendor has a collective bargaining agreement or other contract or understanding, a
e or employment agency
notice, in the form to be provided to, or approved by the County. advising said group of the vendor's
commihnents under this Article and shall post copies of the notice in conspicuous places accessible to
employees and applicants for employment.
(e) The inability of the vendor to recruit and hire.competent personnel of minority, women or
handicapped groups from unions, employee representatives or emplovment agencies shall not exempt
the vendor from complying with this Affirmative Action Program except as provided in Section 84.12.
shall be established by the Director and reporting guidelines will be set forth adopting rules and
(f) Reporting procedures, for the purpose of monitoring the vendor's affirmative Action plan,
regulations for implementing this Article. The vendor will be required to comply with such reporting
procedures. The vendor shall require and submit information from its subcontractors.
(9) The vendor shall assure that the handicapped are not discriminated against in receiving
altered, leased or rented or otherwise acquired in whole or in part with Federal or County assistance.
any aid, benefit or service provided in, or through, a facility that has been constructed, expanded
This shall include making reasonable accommodation to the known physical or mental limitations of
otherwise qualified handicapped applicants and employees, as stated in Section 84.9 (n) and (0) of this
Article.
SECTION 84.12. FAILURE OF VENDOR TO COMPLY WITH PROGRAM. In the event that the
vendor has failed to meet the current goals, or otherwise fulfill the County of San Diego Affirmative
Action Plan for complying with the Affirmative Action Program and desires to present evidence that
failure to comply or meet such goals was through no fault of the vendor, but was due to the inability to
obtain competent handicapped employees, after making all good faith efforts to do so from other
sources such as public advertisements, unions, employment or other agencies capable of providing such
employees, the vendor shall submit written evidence as required by the County that said vendor has
made such good faith efforts and that competent handicapped employees have not been available by
such means.
SECTION 84.13. CORRECTING VIOLATIONS. After a finding by the Director, Equal
Opportunity Management Office, that a vendor or subcontractor has failed to file with the County all
forms or reports required by this Article while operating under a County contract or has committed a
violation of any applicable State of Federal law concerning equal employment practices, the Director
shall serve written notice of such violation on the vendor. The vendor shall be responsible for notifying
violation shall meet with the Director in order to determine a method of correcting the violation and
any subcontractor involved in such violation. Upon request by the Director, the vendor found to be in
the time period within such remedy shall be effected. If the remedy is not agreed upon within ten (10)
days of the above notice, the Director shall prescribe the method by which the violation shall be
corrected and shall notify the vendor in writing of such method. The vendor shall be responsible that
said vendor's subcontractors correct their violations.
If the vendor has not corrected the violation in the manner prescribed by such notice, unless an
extended period is permitted in writing by the Director, the Director shall make a finding that the
vendor is in violation of this Article and shall impose one or more of the sanctions provided in this
Article.
SECTION 84.14. SANCTIONS. Upon a finding that a vendor or subcontractor has violated any
portion of this Article, the Director shall impose one or more of the following sanctions:
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until the vendor has demonstrated to the satisfaction of the County that said vendor has made a good
(a) Find that the vendor is not eIigible for the award Of Conhch or any future contract
faith effort to improve handicapped employment, and will comply with the Affirmative Action
Program in effect at the time of any future contracts. In no event shall the vendor be eligible for award
of any contract within one (1) year from such finding, unless earlier approved by the Board of
Supervisors.
(b) Terminate the entire contract effective at a time specified by the County,
(c) Terminate any portion of the contract or work thereunder.
is not a responsible party to a County contract and may refuse to contract with any vendors performing
(d) Find that any subcontractor to the vendor in violation of this Affirmative Action Program
County contracts until the subcontractor has demonstrated to the satisfaction of the County that the
Affirmative Action Program in effect at the time of any future contracts. In no event shall said
vendor has made a good faith effort to improve handicapped employment and will comply with the
unless earlier approved by the Board of Supervisors.
subcontractor be eligible to participate in any County contract within one (1) year from such finding ..
SECTION 84.15. INTENT OF BOARD OF SUPERVISORS. It is the intent of the Board of
Supervisors to enact each provision of this Article independent of every other provision and, therefore, should any part or language or any provision on this Article be declared invalid, the remaining
provisions of the Article shall be of full force and effect.
SECTION 84.16. NOTICE OF VIOLATION AND IMPOSITION OF SANCTIONS. In any case
where the Director, Equal Opportunity Management Office, has made a finding that a vendor is in
shall mail or deliver to the vendor affected at least ten (10) days prior to the effective date of such
violation of this Article and has imposed any of the sanctions authorized by the Article, the Director
sanction, a written notice which includes a statement of the action, a concise explanation of the reasons
for such action, the basis relied upon for such action and an explanation of the vendor's right to appeal
shall also be sent to any subcontractor of the vendor if the Director has made a finding that such
such action to the Board of Supervisors before the effective date of such action. A copy of the notice
subcontractor is in violation of the provisions of this Article.
SECTION 84.17. APPEAL PROCEDURE.
(a) A vendor or subcontractor who has received the notice required by Section 84.16 may, prior
to the effective date set forth in such notice, file an appeal in writing with the Clerk of the Board of
Supervisors. Such appeal shall set forth the reasons why the action of the Director should not have
notice, shall make the action taken by the Director final.
been taken. Failure of the vendor or subcontractor to appeal prior to the effective date set forth in such
(b) Upon receipt of the vendor's or subcontractor's written appeal, the Clerk of the Board of
Supervisors shall, within fifteen (15) days from receipt, set a hearing on the appeal before the Board
Clerk receives the written appeal. The Clerk shall notify by mail the Director and vendor or
of Supervisors. Such hearing shall be set at a time no more than thirty (30) days from the date that the
subcontractor of the time and place set for said hearing. Pending hearing and decision of the Board of
Supervisors, the effect of action of the Director shall be stayed.
(c) At the hearing on the appeal before the Board of Supervisors, the Director and vendor or
subcontractor may present evidence relating to the action taken by the Director in the notice. Upon
completion of the presentation of the evidence, the Board may affirm, modify or overrule the action of
the Director. The decision of the Board shall be final.
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SECTION 84.18. IN LIEU SANCTIONS FOR CERTAIN LONG-TFRM LEASES
Section 84.14 shall not be applicable to leases from the County entered into pursuant to Article 10
(commencing with Section 25549.1) of Chapter 5, Part 2, Division 2. Title 3 of the California
Government Code. In Lieu thereof, the Director shall impose one or more of the following sanctions upon
a finding that a vendor or subcontractor has violated any portion of this Article.
until the vendor has demonstrated to the satisfaction'of the County that said vendor has made a good
(a) Find that the vendor is not eligible for the award of any contracts or any future contract
faith effort to improve handicapped employment, and will comply with the .Affirmative Action
Program in effect at the time of any future contracts. In no event shall the vendor be eligible for award
Supervisors.
of any contract within one (1) year from such finding, unless earlier approved by the Board of
is not a responsible party to a County contract and may refuse to contract with any vendor performing
(b) Find that any subcontractor to the vendor in violation of this Affirmative Action Program
County contracts until the subcontractor has demonstrated to the satisfaction of the County that the
vendor has made a good faith effort to improve handicapped employment, and will comply with the
be eligible to participate in any County contract within one year from such finding unless earlier
Affirmative Action Program in effect at the time of future contracts. In no event shall said subcontractor
approved by the Board of Supervisors.
(c) Assess the vendor or subcontractor an amount of up to one thousand dollars ($1,000) per day
provided elsewhere in this Article, a vendor or subcontractor may, within ten (IO) days, demand that
for each violation which occurs or continues unabated. Upon exhaustion of the administrative remedies
the assessment be submitted to binding arbitration. If the demand is made, the arbitration proceedings
shall be held and conducted pursuant to any arbitration procedures provided in the lease agreement or,
in the absence of any such provisions, pursuant to Title 9 (commencing with Section 1280), Part 3 of the
Code of Civil Procedure. The decision of the Board of Supervisors shall be stayed pending issuance of
the arbitration decision. The arbitration decision shall (1) determine whether a violation of this
Article has occurred and/or is occurring, (2) affirm, modify or reject in whole or part the decision of the
Board of Supervisors, (3) be binding upon both parties, and (4) be effective immediately.
decision by the arbitrator($ to assess. Late payments shall accrue simple interest at the rate of
Payment of any assessment shall be made daily commencing upon the effective date of the
eighteen percent (18%) per annum (not to exceed in any event the maximum rate of interest then
permitted to be charged by the County pursuant to applicable laws) and the County may offset the
amount assessed and due, together with interest thereon, against any sums owed by the County to the
vendor or subcontractor.
damages, declaratory relief, injunctive relief or for any remedy deemed just and proper by such court.
(d) Commence an action in court of competent jurisdiction, equitable or otherwise, for monetary
Failure of the vendor or subcontractor to abide by the final determination (including available
appeals) by such court shall constitute an event of default under the lease and entitle the County to
pursue any and all remedies available under the lease for default, including, but not limited to,
termination of such lease.
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March 2,2002
TO: ASSISTANT CITY ATTORNEY JANE MOBALDI
FROM: Associate Engineer Steven Jantz
APCD GRANT FOR COASTAL RAIL TRAIL
This is a follow-up to our recent conversation regarding the final processing of the Air Pollution Control District Grant for the Coastal Rail Trail Project. Based on your phone message of February 12, 2002 I
have re-reviewed and compared the enclosed three (3) grant documents with the exhibit attached to
Agenda Bill No. 16,332 and Resolution No. 2001-282. I have concluded that the enclosed three (3) grant
contracts are consistent with the approved document that was attached to Agenda Bill No. 16,332.
It is my recommendation that the three (3) attached documents be signed by your office and forwarded to
the City Clerk with a recommendation to secure the signature of the Mayor. When executed by the Mayor, all three versions should be forwarded to the following address for final execution:
Marilyn Harrelson Air Quality Contracts Coordinator
Air Pollution Control District - San Diego County
9150 Chesapeake Drive SanDiego CA 92123-1096
For your information, I have enclosed the draft grant contracts that were reviewed by Damien Brower as well as my previous memo to Ron Ball.
If you have any questions or need additional information, please contact me at extension 2738.
Air Pollution Control Board
Greg Cox
Dianne Jacob
District 1
Pam Slater
District 2
District 3
Ron Roberts District 4
Bill Horn District 5
Air Pollution Control District
R. I. Sornrnerville Director
October 3,2001
LORRAINE WOOD
CITY CLERK
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DR
CARLSBAD CA 92008-1989
RE: 199511996-1996/1997 Vehicle Registration Fund Grant Contract
It was a pleasure to talk to you this morning. The District is very pleased the plans for
the bike trail were approved. We look forward to monitoring the project and supporting
this community enhancement. Per our discussion, I am returning the two unsigned
contracts forwarded to me on September 19,2001.
Three original contracts were delivered to Steven Jantz. In order to administrate the
funds, the Air Pollution Control District requires the recipient to sign and return all three
contract number assignments and final signature A fully executed original will then be
forwarded to the City of Carlsbad.
Thank you very much for expediting the return of these documents. I look forward to
continuing communications and completion of the project.
MARILY~HARRELSON
Air Quality Contracts Coordinator
MH:el
Enclosures: (3)
9150 Chesapeake Drive San Diego California 92123-1096 (858) 650-4700
FAX (858) 650-4659 Smoking Vehicle Hotline 1-800-28-SMOKE
@ Printed 0. Recycled Fapc,
RESOLUTION NO. 2001-282
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE A 1995196 - 1996197 VEHICLE REGISTRATION FUND
GRANT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
THE SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
FOR THE COASTAL RAIL TRAIL PROJECT.
6 WHEREAS, the City of Carlsbad is actively pursuing the design and construction of the
7 Coastal Rail Trail Project; and
8 WHEREAS, on February 17, 1997, the San Diego County Air Pollution Control District
9 (APCD) approved the 1996/96-1996/97 Vehicle Registration Funding Allocation Plan that
10 included the appropriation of $184,176 for the Coastal Rail Trail Project; and
WHEREAS, the City Council finds that it is in the best interest of the citizens to enter into
ii the agreement with APCD for the utilization of $184,176 for the preparation of the design plans
12 and construction specifications for the project.
13 NOW, THEREFORE-BE IT RESOLVED by the City Council of the City of Carlsbad,
l4 California the following:
15 1. That the above recitations are true and correct.
16 2. That the Mayor is authorized to execute the 1995/96 - 1996/97 Vehicle
17 Registration Fund grant contract with the City of Carlsbad and the San Diego County Air Pollution
,8 Control District for the Coastal Rail Trail Project.
19 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
I/ held on the lath day Of SeDtetier , 2001 by the following vote, to
20
wit:
21
22
AYES: Council Members Lewis, Kulchin, Finnila, and Hall.
23
24
1 Member Nygaard.
25
26 11 ATTEST: /
M. WOOD, City Clerk (SEAL)