HomeMy WebLinkAbout3307; CARLSBAD BLVD SHORE PROTECTION; OPERATION AND MAINTENANCE MANUAL; 1997-08-01OPERATION
AND
MAINTENANCE
MANUAL
CARLSBAD BOULEVARD SHORE PROTECTION
CITY OF CARLSBAD, SAN DIEGO COUNTY,
CALIFORNIA
AUGUST 1997
LOS ANGELES DISTRICT
U. S. ARMY CORPS OF ENGINEERS
LOS ANGELES, CALIFORNIA
OPERATIONS AND MAINTENANCE MANUAL
FOR
CARLSBAD BOULEVARD SHORE PROTECTION
CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA
TABLE OF CONTENTS
PART I - GENERAL ......................1
CHAPTER 1 - INTRODUCTION ..................1
Project Location ....................1
Manual Format .....................1
Purpose .......................1
Parts of Manual ....................i
Scope of Manual ....................1
Agreement .......................1
Repair, Replacement, and Rehabilitation ........2
CHAPTER 2 - DESCRIPTION OF THE PROJECT ...........4
1. Authorization .....................4
2. Description of the Project ...............4
3. Project Data Sheets and Maps ..............4
PART II - OPERATION AND MAINTENANCE .............5
CHAPTER 3 - GENERAL .....................5
1. Definitions ......................5
Storm Season ....................5
Emergency Storm Conditions .............5
C. Superintendent ...................5
Corps of Engineers .................5
District Engineer .................5
Construction-Operations Division ..........5
Engineering Division ................5
MLLW ........................5
Seawall ......................s
41 2. Reference Drawings ...................5
3. Organizations Responsible for Operation and Maintenance 5
4. Assistance to be Furnished by the District Engineer . 6
5. Responsibilities of the Superintendent .........6
a. Inspection .....................6
ID. Maintenance ....................6
C. Reviewing Applications ...............7
(1) Permits for Rights-of-Entry to the Project
Rights-of-Way .................7
:1.
Permits for Construction Within Project
Rights-of-Way .................7
Excavation Restrictions ............7
Coordination of Local Activities ..........7
Training of Key Personnel .............8
Semiannual O&M Reports ...............8
Special O&M Reports ................8
Transmittal ....................9
Time of Submittal .................9
Files and Records .................9
Check Lists ....................9
6. Condition Survey Report ................9
CHAPTER 4 - OPERATION PROGRAM AND EMERGENCY OPERATIONS . . . 10
1. General .......................10
a. Prestorm Phase ...................10
Mobilization .................10
Patrolling (including maintenance) ......10
b. Storm Phase ....................10
Mobilization .................10
Patrolling (including maintenance) ......10
C. Poststorm Phase ..................11
Demobilization ................11
Patrolling (including maintenance) ......11
2. Emergency Operations ..................12
3. Notification of Distress ................12
CHAPTER 5 - MONITORING PROGRAM ...............14
1. General .......................14
2. Inspection Procedures ................ 14
Pre-inspection Tasks ................14
Proper Equipment and Materials ...........14
C. Prior to Actual Inspection .............14
3. Periodic Inspections ..................15
Stationing the Structure ..............15
Visual Inspection .................15
Vertical Seawall ...............15
Rock Revetment ................15
Buried Toe Stone ...............16
Sidewalks, Railing, Access Ramps and Stairs 16
Planters, Drain lines, Ceramic Tiles, and
Lifeguard Towers ...............16
C. Discussion of Walk Along ..............16
d. Condition of Beach Sand ..............16
4. Event Inspections ...................16
a. Event Inspection Walk Along ............16
ii
CHAPTER 6 - INSPECTION AND MAINTENANCE CRITERIA TO
PROVIDE A BASIS FOR RECOMMENDED REPAIRS ...........17
General .......................17
Visual Inspection and Reporting ............17
3.. Modification to Improvements ..............17
Seawall Design .....................17
General Design Concept .................17
Concrete Work .....................17
Rock Revetments .....................18
Toe Stone .......................18
Steel Sheet piles ...................18
Handrails .......................18
ii. Steel Posts .......................18
Other Amenities ....................18
Rights-of-Way Conditions ................19
Debris Removal .....................19
Maintenance of Signs ..................19
CHAPTER 7 - PERIODIC INSPECTION REPORT WITH RECOMMENDED
REPAIR .......................20
Scope .......................20
Repairs .......................20
Scheduling .......................20
Frequency .......................20
Basis .......................20
Standards .......................20
Limitations ......................20
B. Temporary Work .....................20
Permanent Work .....................20
Debris Removal .....................21
Concrete Repairs ....................21
Rock Revetment Repairs .................21
Toe Stone Repair ....................21
Handrail Repairs ....................21
Rights-of-Way Maintenance ...............21
PART III - APPENDICES ....................23
EXAMPLE OF SEMIANNUAL REPORT AND CHECK LISTS .....A-i
PROJECT DATA SHEETS AND MAPS .............B-i
AGREEMENTS BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY
OF CARLSBAD .....................c-i
iii
OPERATIONS AND MAINTENANCE MANUAL
FOR
CARLSBAD BOULEVARD SHORE PROTECTION
CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA
PART I - GENERAL
CHAPTER 1
INTRODUCTION
Project Location. The project site is located along a
3,580-foot segment (Station 20+00 to Station 55+80) of the
shoreline west of Agua Hedionda Lagoon within the City of
Carlsbad, California. The area is located about 3 miles
downcoast (south) of Oceanside, California and 20 miles upcoast
(north) of La Jolla, California. The site is within the
Oceanside Littoral Cell.
Manual Format. This manual was prepared pursuant to ER
1110-2-401 which directs the preparation and prescribes the scope
of operation and maintenance manuals for the Corps of Engineers
constructed improvements of which the operation, maintenance,
repair, replacement, and rehabilitation (OMRR&R) are the
responsibilities of local interests.
Purpose. This manual was prepared as a guide for operation
and maintenance of the Carlsbad Boulevard Shore Protection
(seawall) in the City of Carlsbad, San Diego County, California,
and for simplifying the reporting of operation and maintenance.
Parts of Manual. This manual has been prepared in three
parts. Part I gives a general description of the completed shore
protection improvements. Part II covers operation and
maintenance instructions for the completed project. Part III
consists of Appendices containing Semiannual Report and Check
Lists, Project Data Sheets and Maps pertaining to the Project,
and Agreements.
Scope of Manual. The scope of this manual is limited to
essential operation and maintenance instructions, including the
reporting of operation and maintenance.
Agreement. The City of Carlsbad has given assurances
satisfactory to the Secretary of the Army that the City will:
a. Provide without cost to the United States all lands,
easements, and rights-of-way necessary for construction of the
1
project.
b. Hold and save the United States free from damages due to
construction, operation, and maintenance of the project,
excluding damages due to fault or negligence of the United States
or its contractors.
C. Operate, maintain, repair, replace, and rehabilitate the
completed project in accordance with the regulations or
directions prescribed by the Government, after the Government has
turned the completed project over to the City.
Provide, without cost to the United States, all
relocation of highways, roads, streets, bridges, and utilities as
are required in connection with the project.
Perform environmental investigations as determined
necessary to identify the existence and extent of any hazardous
substances regulated under the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA) 42 USC 9601-
9675 on all lands, including submerged land, necessary for
project construction, operation, maintenance, repair,
replacement, and rehabilitation.
Assume complete financial responsibility for the cleanup
of any hazardous material located on project lands, including
submerged land, and regulated under the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA)
and be responsible for operating, maintaining, repairing,
replacing and rehabilitating the project in a manner so that
liability will not arise under CERCLA.
The entire Agreement is included in this manual as Appendix C.
7. Repair, Replacement. and Rehabilitation. Repair,
replacement, and rehabilitation (RR&R) actions are to conform to
the project as-built plans and specifications unless other
arrangements are made with the District Engineer. These
activities are the responsibility of the project sponsor.
Repair. Repair is considered to entail those activities
of a routine nature that maintain the project in a well kept
condition.
Replacement. Replacement covers those activities taken
when a worn-out element or portion thereof is replaced.
C. Rehabilitation. Rehabilitation refers to a set of
41
KA
activities as necessary to bring a deteriorated project back to
its original condition.
CHAPTER 2
DESCRIPTION OF THE PROJECT
Authorization. A Final Detailed Project Report was prepared
by the USACE, dated April 1996, in response to a request for
Federal assistance for shore protection by the City of Carlsbad,
dated December 7, 1994. The study was undertaken by the U.S.
Army Corps of Engineers Continuing Authority Program, pursuant to
Section 103 of the of the River and Harbor Act of 1962 (Public
Law 87-874), as amended, to investigate the feasibility and
economic justification for protecting Carlsbad Boulevard located
between the intake and outlet jetties of Agua Hedionda Lagoon.
Description of the Project. The project site is located
along a 3,580-foot segment (Station 20+00 to Station 55+80) of
the shoreline west of Agua Hedionda Lagoon within the City of
Carlsbad. The area is located about 3 miles downcoast (south) of
Oceanside, California and 20 miles upcoast (north) of La Jolla,
California. The site is within the Oceanside Littoral Cell.
Typically, the coastline in this area of the City may be
described as a very narrow beach (lagoon spit) fronted by
discontinuous rounded cobble and gravel berms. Periodic
hydraulic dredging of Agua Hedionda Lagoon by the San Diego Gas &
Electric Company provides beach nourishment fill (primarily
poorly graded fine sand with shell fragments) in the immediate
vicinity of the project site. Seasonal high tides, waves, and
wind erode the shoreline with regular frequency to the extent
that existing improvements along the low lying Carlsbad Boulevard
may be impacted by extreme coastal events. Extreme coastal
events can overtop the roadway and cause damage to improvements.
In order to protect improvements and keep Carlsbad Boulevard open
to traffic year round, the subject shoreline protection has been
constructed.
Project Data Sheets and Maps. Project Data Sheets for the
Carlsbad Boulevard Shore Protection project are included in
Appendix B. These data sheets consist of an information page and
the "as-built" drawings. These sheets furnish general
14 information about the date of completion of construction and
locations of the seawall. Additional information, such as a
location plan for the project, can be obtained from the "as-
built" drawings.
4
PART II - OPERATION AND MAINTENANCE
CHAPTER 3
GENERAL
1. Definitions. Special terms used in this manual are:
STORM SEASON. Refers to the period of 15 October
through 15 April.
EMERGENCY STORM CONDITIONS. Refers to periods during
which coastal storm conditions create waves which can erode the
shoreline and allow for run-up on or over the seawall.
C. SUPERINTENDENT. Refers to the City of Carlsbad official
responsible for the development and functioning of the operation
and maintenance organization.
CORPS OF ENGINEERS. Refers to the Department of the
Army, Corps of Engineers, Los Angeles District.
DISTRICT ENGINEER. Refers to the District Engineer for
the Corps of Engineers.
CONSTRUCTION-OPERATIONS DIVISION. Refers to the
Construction-Operations Division of the Corps of Engineers.
ENGINEERING DIVISION. Refers to the Engineering
Division of the Corps of Engineers.
MLLW. All elevations refer to Mean Lower Low Water
(MLLW) datum.
SEAWALL. All structural elements of the subject shore
protection system including inclined rock revetments, vertical
retaining walls, and access ramps.
2. Reference Drawings. Drawings in this manual refer to the
"as-built" drawings which are included in Appendix B.
3. Organizations responsible for Operation and Maintenance.
The City of Carlsbad and the Corps of Engineers, Los Angeles
District, are separately required to maintain organizations
capable of adequately operating and maintaining the project units
for shore protection control. The City shall appoint an official
(referred to as "Superintendent") who shall be responsible for
the development and proper functioning of that City's operation
and maintenance organization. Personnel of the Construction-
5
Operations Division and the Engineering Division will be the
Corps of Engineers' operations and maintenance organization.
4. Assistance to be Furnished by the District Engineer. The
District Engineer (DE) shall:
Furnish to the Superintendent "as-built" drawings of the
seawall improvements, at the time they are transferred to the
City for operation and maintenance.
Make prior determination that any proposed encroachment,
improvement, excavation, or construction within the rights-of-
way, or alteration of the seawall works, will not adversely
affect the functioning of the protective facilities; and furnish
the Superintendent with a written approval.
C. Assist the Superintendent, within regulatory
constraints, in the performance of his/her duties in ascertaining
storm development having shore erosion potential, assembling
erosion-fighting forces and material, and initiating and carrying
out erosion-fighting operations.
5. Responsibilities of the Superintendent. The general duties
of the Superintendent include the following:
Inspection. Inspection shall be made by the
Superintendent after the end of the storm season in April or May
of each year, immediately following each major high wave period,
and at such intermediate times as may be necessary to ensure the
best possible care of the project. Immediate steps shall be taken
to correct dangerous conditions disclosed by such inspections.
Maintenance. The Superintendent shall provide, at all
times, such maintenance as may be required to ensure
serviceability of the structures in time of high waves. Full
responsibility for making repairs and the methods used is placed
on the Superintendent, the Corps of Engineers will be available
for advice and consultation. Regular maintenance repair measures
shall be accomplished during the appropriate season as scheduled
by the Superintendent. Repairs shall be made using standard
engineering practices, to line and grade, and similar details
shown on "as-built" drawings. No change or alteration shall be
made to any feature of the erosion-control improvement without
prior determination by the DE that such alterations will not a
adversely affect the stability and functioning of the protective
facilities. Plans and specifications of all changes or
alterations that are proposed by the Superintendent shall be
submitted to the DE for evaluation and approval before
implementing the work.
C. Reviewing Applications. Requests for temporary or
permanent modification of seawall improvements must first be
submitted to Superintendent, before a permit from the DE can be
issued approving the modification. These applications will be
reviewed by the Superintendent and then sent to the DE for
consideration before any application is approved for a permit.
Each application that is reviewed by the DE will be adequately
evaluated in order to determine whether any modification will
adversely affect the ability, safety, or functioning of the
seawall.
When such an evaluation by the DE has determined that approval
can be given, the conditions which must be adhered to will be
incorporated with the permit. Only at this time should the DE
issue the legal document for the modification. Executed copies,
in triplicate, of permit as issued, shall be furnished to the
Superintendent. The Superintendent will enforce the conditions as
set forth in the issued legal document, and will report
immediately to the DE any uncorrected violations. After
completion of the work, notice of satisfactory completion shall
be furnished to the DE.
The DE normally issues two types of permits:
Permits for Rights-of-Entry to the Project Rights-
of-Way. Adequate consideration by the CE is necessary to
determine whether a temporary use of the rights-of-way will
adversely affect the safety and functioning of the project
structures, or the maintenance operations.
Permits for Construction Within Project Rights-of-
Most of the applications for use of Project Rights-of-Way
consist of permanent construction alterations under, over, or
into existing seawall improvements. Before a permit can be issued
approving a project of this nature, a review of the application
must be made. All work must be performed using standard
engineering practices with plans and specifications reviewed and
approved by the DE.
Excavation Restrictions. Excavation is prohibited
within the limits of the permanent rights-of-way, except as may
be required to maintain the functional purpose of the project.
d. Coordination of Local Activities. The Superintendent
will, during periods of high waves, coordinate the functions and
activities of all agencies, both public and private, that are
7
connected with the protective works. In order that police
protection may be provided, the Superintendent shall make
necessary arrangements with local law enforcement agencies. The
Superintendent also arranges with utility companies and local
agencies for the development of a coordinated erosion-fighting
program, and files an outline of this program with the DE.
e. Training of Key Personnel. Key personnel shall be
trained so that regular maintenance work may be performed
efficiently and to ensure that unexpected problems related to
high waves may be handled in an expeditious and orderly manner.
f. Semiannual O&M Reports. The Semiannual O&M Reports (See
Appendix B), which are submitted in two (2) phases (the spring
phase and the fall phase), will indicate: (1) the maintenance
requirements of the project units at the end of the storm season,
and (2) the readiness of these units, after summer maintenance,
to accommodate high waves. The two phases of the Semiannual O&M
Reports will give a progressive picture of the operation and
maintenance of the project units for the year from 15 October to
15 October (from the start of one storm season to the end in the
following year). Semiannual O&M reports will present a statement
of:
The physical condition of the protective works as
summarized from the logs of inspection.
Performance of the protective works during high
waves during the period.
Prosecutions for encroachment or trespassing,
vehicular accidents affecting the seawall, and vandalism.
Permits issued for rights-of-entry or use of
rights-of-way.
Permits issued for improvements or construction
within the seawall improvement rights-of-way.
Maintenance measures taken: nature, date of
construction, date of removal of temporary repairs, and date of
permanent repairs.
Fiscal statement of cost of maintenance and
operation for the period.
g. Special O&M Reports. Special O&M Reports that accompany
the Semiannual Report (spring phase only) are necessary only as a
8
result of extreme events such as high waves or unusual damage
from storms, earthquakes or other causes.
h. Transmittal. Original copies of Special O&M Reports
should be made to the Department of the Army, Los Angeles
District, Operations Branch *(213)452_3385* (as a follow up to
immediate telephone information) within one week after the
extreme event or within one week after the occurrence of damage
not susceptible to temporary repairs.
I. Time of Submittal. Except for Special O&M Reports,
Semiannual O&M Reports on inspection, operation, and maintenance
of project units are submitted semiannually (spring - on or
before 1 June and fall - on or before 1 December) to the DE of
the Corps of Engineers, Los Angeles District, ATTN: Operations
Branch. A suggested form for submission of the Semiannual Report
is enclosed as Appendix A, in this manual.
Files and Records. The Superintendent shall maintain a
file of reports, records, and drawings concerning the project
works, readily available at all times to the DE.
Check Lists. The check lists (see Appendix A) included
in this manual are to be explicitly followed in each inspection
to ensure that no features of the protective system are
overlooked. Check lists shall be printed in conformity to those
shown in Appendix A. A copy of the inspector's original field
notes, as recorded on the check list, shall be transmitted to the
DE immediately following each inspection.
6. Condition Survey Report. A condition survey of the seawall
improvements may be made periodically by the Corps of Engineers,
Los Angeles District, and the Superintendent shall be notified of
any deficiency immediately after completion of the survey. The
survey serves a twofold purpose: (a) to ascertain the actual
condition of the seawall improvements and to note any deficiency,
damage or malfunction of any part, and (b) to ascertain that all
the repairs and improvements have been carried out by the local
interests lAW their obligations.
4
PI
4
CHAPTER 4
OPERATION PROGRAM AND EMERGENCY OPERATIONS
1. General. The operation program, which includes storm
emergency procedures, is in three phases: (a) prestorm phase; (b)
storm phase; and (c) poststorm phase. Each of these phases
include varying degrees of mobilization or demobilization,
patrolling (including operation and maintenance), and reporting.
Pertinent information on these phases is given in the following
paragraphs:
a. Prestorm Phase. The prestorm phase occurs whenever the
National Weather Service forecasts large waves of more than 10
feet in height. The major operations during this phase include
the following:
Mobilization. Only such mobilization to perform
the operations under the prestorm phase.
Patrolling (including maintenance). During the
prestorm phase, the completed seawall improvements should be
patrolled to determine their readiness to accommodate large
waves. The responsibility of the patrols should include but not
be limited to the following:
Readying Equipment and Material. Equipment
and material shall be in a readied condition for use at locations
where trouble may occur.
Reporting. For the prestorm phase, no written
reports are required for submittal to the District Engineer,
Department of the Army, Los Angeles. However, such internal
reports are suggested that would be helpful if storm waves
increased to the point at which a storm report would be required.
b. Storm phase. The storm phase occurs when large waves
reach the seawall and overtopping occurs. The major operations
during this phase include the following:
Mobilization. Full mobilization is required.
Patrolling (including maintenance). During the
storm phase, patrolling of the completed project shall be
continuous and comprehensive. The responsibility of the patrols
shall include but not be limited to the following:
(a) Photographing Damage. Photographs should be
made of locations where overtopping and wave damage is occurring
10
or has occurred, where such photographs would help in making
maintenance determinations.
(b) Removing Debris. All debris accumulations
that would reduce seawall function should be removed.
(c) Observing and Controlling Other Conditions.
Any condition endangering any other structure (i.e., adjacent
jetties or street improvements) should be corrected.
C. Poststorm Phase. The poststorm phase begins after storm
waves have reduced to less than 10 feet in height. The major
operation during this phase ends after storm waves at all the
major operations indicated in the following subparagraphs have
been completed.
Demobilization. Some demobilization is
satisfactory during this phase. However, full demobilization
should be delayed until the operations under this poststorm phase
have been completed.
Patrolling (including maintenance). During the
poststorm phase, the completed units should be rapidly and
completely patrolled. The responsibility of the patrols should
include the following:
Locating. Recording. and Photographing Damage.
All damaged seawall improvements should be located, recorded, and
photographed.
Checking Accumulation of Debris. The
accumulation of debris adjacent to the seawall should be checked
to ascertain whether or not it has reached the point where
removal should be done.
(C) Initiating Repairs. Applicable temporary or
permanent repair of damaged seawall improvements should be
initiated.
(d) Inventorying Equipment and Materials.
Equipment and materials should be inventoried and made ready for
subsequent storm waves.
(e) Reporting. For the poststorm phase, no
written reports are required for submittal to the DE, U.S. Army
Engineer District, Los Angeles. However, a brief narrative
statement pertaining to general functioning of the seawall
improvement, condition of the works, and actions for remedying
11
any defects would be helpful, particularly in the event a storm
report or a Special O&M Report is required.
2. Emergency Operations. The City of Carlsbad will present the
emergency operation plans that cover preparations for and
responses to project emergency conditions. The Superintendent
will provide an outline of emergency operation records to be
maintained and available for inspection.
a. The emergency operation plans should cover, but not be
8 limited to, such items as:
Chain of responsibility.
Emergency communications network including
redundancies (internal and external).
Local emergency response assistance such as fire,
police, medical, and Red Cross.
State and Federal emergency response agencies.
b. The Superintendent shall present the emergency operation
plans to: Chief of Emergency Management Branch (CESPL-CO-E),
Los Angeles District, U.S. Army Corps of Engineers,
P.O. Box 532711, Los Angeles, California 90053-2325, telephone:
(213) 452-3440.
3. Notification of Distress. The Superintendent will
immediately report to the Corps of Engineers of conditions that
demonstrate evidence of distress or that could result in a
potential hazard at the project. Initial reporting should be via
telephone with a follow-up written summary with appropriate
photographs.
a. Typical evidence of distress to be reported is as
follows:
Significant damage to the structure integrity as a
result of significant wave event, seismic event, or vehicle
impact.
Any other indications of distress or potential
failure that could inhibit the operation of the project or
endanger life and property.
b. The Superintendent shall contact: Chief of Emergency
Management Branch (CESPL-CO-E), Los Angeles District, U.S. Army
12
Corps of Engineers, P.O. Box 532711, Los Angeles, California
90053-2325, telephone: (213) 452-3440.
13
CHAPTER 5
MONITORING PROGRAM
General. The Monitoring Program consists of periodic
inspections and event inspections. The purpose of the Monitoring
Program is to provide documentation of the condition of the
-01 seawall structure and recommendations for necessary repairs. The
inspections should provide detailed information as to the nature,
location, and extent of any damage and recommended repairs. If
necessary, the inspections should also recommend additional field
data required for defining the damage or for the preparation of a
repair contract.
Inspection Procedures. Periodic inspections of the seawall
structure shall be conducted annually by an inspection team
consisting of individuals with appropriate specialized knowledge
in structural, geotechnical, and coastal design to document
changes in the seawall structure and to determine maintenance
measures required. These inspections should be made after the end
of the storm season in April or May of each year, so that the
damages from storm waves, if any, can be detected. Event
inspections shall be made after major storm events, major
earthquakes, tsunamis, and vehicle impact. During each
inspection, items requiring maintenance shall be identified in
detail and described on plans of the structure. The inspection
results and the latest monitoring data should be evaluated to
provide information about the condition of the structure. The
data may identify potential problem areas before they contribute
to major structural problems.
Pre-inspection Tasks. The first step in an effective
inspection is for the inspection team to meet to review the
Operations and Maintenance Manual, recent inspection reports, and
previous video records and photographs of the structure. At this
and any subsequent meetings, an inspection check list should be
developed and responsibilities for each inspection task assigned.
Then, a complete equipment check list must be prepared and
responsibility for acquiring the equipment delegated. A check
list is prepared for each inspection task.
Proper equipment and materials are required to perform
the inspections. Equipment and materials necessary for use in the
field include: waterproof cameras, films, tape measures, hand
levels, spray paint, half-tone annotated structural photo plans,
check list, tidal and wave information, stakes, and markers.
C. Prior to actual inspection, construction as-built
drawings should be obtained and working sheets prepared. Station
14
locations and permanent survey monument locations should be
superimposed on these sheets. If appropriate, typical cross
sections and notes on structure dimensions may be superimposed on
these sheets as well. They should be assembled in a station-to-
station order and copies distributed to all inspection team
members. It is important that all inspection results shall be
recorded on these sheets, so that they can then be assembled
easily into a single, comprehensive condition drawing of
inspection findings. The collected findings of all inspections
will be transferred to one set of sheets and this set will be
included in the inspection report. 4
3. Periodic Inspections. The periodic inspection consists of a
walk along of the seawall structure. The walk along shall be
accomplished at low tide. The walk shall include the structure
and the immediate areas, looking for indication of problems
nearby which may affect the integrity of the seawall structure.
The following procedures will be conducted:
Stationing the Structure. The structure should be
stationed for reference during the inspection. Stationing may be
accomplished by using a measuring tape with respect to known
monuments, or simply starting at the beginning of the seawall and
taping the complete length. Accuracy for stationing is not
critical, as long as deviation is within 1 foot every 100 feet
measured. If possible, attempt to station every 100 or 200 feet.
The stations themselves shall be marked with a visible lumber
crayon (keel marker) on the concrete sidewalk surface.
Visual Inspection. After the stationing has been
accomplished, a visual inspection of the structure shall be
conducted. The visual inspection shall be performed chiefly by
the structural, geotechnical, and coastal engineers. If a problem
area presents itself at a station, make a note of the station and
describe the problem. Photographs and video records, which are
good records of existing conditions, should be identified (date,
structure, sand level, station, and direction of camera [i.e.
looking North]). The inspection team will check:
Vertical Seawall. Close visual inspection shall be
made for damages caused by current, debris, loss of sand, and
wave action and for indications of structural failure due to
corrosion and wear. When failure or misalignment is observed, the
seawall structure shall be examined minutely to determine cause
of failure.
Rock Revetment. Close visual inspection of rock
revetment and filter fabric shall be made for damages caused by
15
current, debris, loss of sand, and wave action and for
indications of structural failure due to corrosion and wear. When
failure or misalignment is observed, rock revetment shall be
examined minutely to determine cause of failure..
Buried Toe Stone. Inspect to identify exposed toe
stone and filter fabric which may be uncovered by storm waves and
shoreline erosion and damage due to normal deterioration and
wear.
Sidewalks. Railing. Access Ramps and Stairs.
Inspect to determine the need for repairs to sidewalks, railing
access ramps, and stairs. Handrails and steel posts shall be
inspected for signs of corrosion.
Planters, Drain lines. Ceramic Tiles, and Lifeguard
Towers. Amenities to the seawall such as planters, Drain lines,
ceramic tiles, and lifeguard towers shall be inspected at the
City of Carlsbad discretion and need not be included in the O&M
reports.
C. Discussion of Walk Along. Following the walk along and
visual inspection, the inspection team will conduct a group
discussion about what has been seen and recorded. Past problem
areas shall be brought up to date (better, worse, no change), and
all potential new problem areas will be identified. Perhaps
theories to the reason of the problems will be discussed and
recorded.
d. Condition of Beach Sand. The beach sand fronting the
seawall and blown/overwashed sand behind the seawall should be
monitored by visual and survey methods.
4. Event Inspections. (Major Storm, Earthquake, etc.) The
inspection tasks for event inspections are geared for events such
as a major storm, a major earthquake, or any other event which
may lead to a failure of part or all of the structure. This type
of inspection generally will be an emergency inspection. The
event inspection will require the pre-inspection tasks addressed
in Paragraph 2 of this chapter. The inspection will be comprised
of a walk along at low water. A follow-up periodic inspection may
be scheduled if the event inspection warrants one.
a. Event Inspection Walk Along. The inspection should be
scheduled at low water to maximize the visual observations of the
seawall structure. The procedures discussed in Paragraph 3:
Periodic Inspections will be conducted. These procedures are
(1) Stationing the Structure, (2) Visual Inspection, and
(3) Discussion of Walk Along.
16
CHAPTER 6
INSPECTION AND MAINTENANCE CRITERIA
TO PROVIDE A BASIS FOR RECOMMENDING REPAIRS
General. These criteria provide the general and specific
design considerations related to the seawall system to furnish
lff protection as designed.
Visual Inspection and Reporting. Visual inspection and
reporting of all conditions is the main method of supplying
information for a Preventative Maintenance Program. Conscientious
visual inspection furnishes evidence of the proper functioning of
the seawall system. The criteria in this section will provide a
basis for determining the extent of investigation and repair
needed to correct defects and restore the facility to full design
capacity. Preventative maintenance established will be used at
other locations where the same situation exists.
Modification of Seawall Improvements. Modifications
including repairs and/or alterations of seawall improvements
shall be submitted with plans, specifications, and design
considerations (including applicable design calculations) to
Corps of Engineers using the existing applications procedure
modified as stated under Part II, Chapter 3, Section 5:
Responsibilities of the Superintendent.
Seawall Design. Seawall design involves many specialized
engineering sciences to provide shoreline protection over many
years. Seawall improvements require regular replacements, care
and attention to fulfill their design life. The remainder of this
Chapter presents some of the design considerations for the
seawall improvements. The design considerations should aid
inspections and determining the implications of the conditions
observed for recommending adequate preventative and/or
restorative maintenance.
General Design Concept. The general design concept is to
provide a stable and reliable seawall to protect Carlsbad
Boulevard, exposed and buried improvements, and people during
high wave conditions. A summary of the seawall design is
presented in the document entitled, "Detailed Project Report,
Section 103, Carlsbad Boulevard, Carlsbad, San Diego County,
California, Volumes I and II," prepared by the Corps of
Engineers, Los Angeles District, dated April 1996.
Concrete Work. All concrete work shall be checked for
evidence of deterioration, structural cracking, or displacement.
Defective concrete should be replaced or repaired before there is
17
appreciable loss of strength in the structure. Cracking in
concrete structures should be monitored. Minor shrinkage and
temperature cracking will normally take place in most structures
but continued development of crack patterns and increase in size
of cracks is evidence of distress in the structure. The cause of
excessive cracking must be investigated before the stability of
the structure is endangered. Large cracks that will allow
considerable water to penetrate the concrete cap of the seawall (
should be sealed to prevent further migration of the crack and
also to prevent damage to the steel reinforcement and sheet
piling. Expansion joints are provided at regular intervals.
7. Rock Revetments. Rock revetments should be inspected for
evidence of displacement and deterioration of the stone. The
revetments have been designed with stone of sufficient size and
quality to minimize the displacements and deterioration. The
revetment should also be inspected for evidence of backfill
piping through the under layers if possible. The design
incorporates a filter fabric below the stone to minimize the
piping. If the displacement or deterioration of the stone is
such that it exposes the filter fabric, repairs should be
undertaken to cover the filter fabric with stone.
B. Toe Stone. Toe Stone (1,500-pound stone) has been used
along the seawall (starting at +6 feet MLLW) to preserve the
shoreside embedment of the sheet piling. The top of the Toe
Stone, if exposed, should be inspected to verify that the
elevation is no more than 1 foot below the design elevation. If
it is, repairs should be undertaken to add Toe Stone to the
design elevation. The Toe Stone should be inspected for piping
similar to the rock revetments. Toe Stone has also been
installed at the base of stairways and access ramps.
Steel Sheet Piles. The primary structural component of the
seawall is high strength ASTM A690 mariner steel sheet piling.
The specified sheet piling is designed to resist corrosion and be
protected from direct wave impact by Toe Stone and a reinforced
concrete cap.
Handrails. Handrails are provided for safety of people
walking along the wall, stairways, and ramps. Handrails are made
of anodized aluminum and should be repaired if damaged.
Steel Posts. Steel posts at the heads of ramps are provided
as removable vehicle barriers.
Other Amenities. Amenities such as drinking fountains,
planters, benches, lifeguard towers, and public artwork have been
18
included in the design of the seawall but are not included in the
scope of this manual.
Rights-of-Way Conditions. Areas adjacent to seawall
improvement shall be clear for the access necessary to comply
with all operation and maintenance requirements. Seawall
improvements are designed for specific loading conditions.
Abnormal loading conditions on any seawall should be precluded.
Debris Removal. Whenever the accumulation of debris
adjacent to the seawall is significant, the debris must be
removed. To ensure early detection and timely removal of any
excess accumulation, an estimate as to the amount of debris
should be noted during each periodic inspection. The results of
these estimates should be noted in the appropriate Operation and
Maintenance Report.
Maintenance of Signs. Signs shall be maintained intact.
19
CHAPTER 7
PERIODIC INSPECTION REPORT WITH RECOMMENDED REPAIR
Scope. Concise standard terminology shall be used to report
the recommended repairs. The terminology shall be specific rather
than general. The listed typical repairs are not inclusive and
are not intended to represent either the condition to be
corrected or that the typical repair is for only one type of
corrective action.
Repairs. Repairs include preventative maintenance.
Scheduling. The Maintenance Repair Program, which includes
all corrective action necessary to provide effective shoreline
protection during every storm season, shall be scheduled at a
rate to maintain all seawall improvements with an optimum
protection capability. The program shall not fluctuate from year
to year, but rather will be expanded with the increasing age and
extent of the maintained facilities.
Frequency. Frequency of permanent repairs will be on an
as-needed basis. Temporary work and preventative maintenance will
be a usual and continuing seasonal requirement.
Basis. Basis for repairs is the inspection reports, the
investigation program, and the guidance in this manual,
supplemented by planned and scheduled repairs.
Standards. Standards for repairs are the engineering
practice used for the latest similar approved construction.
Approval of proposed permanent methods of construction will be
furnished through the regular application procedure by the Los
Angeles District of the Corps of Engineers. Any requests for
modification of seawall improvements, due to repair work, need to
be submitted as soon as possible after damage has been incurred.
Limitations. Temporary repair work during the storm season
from 15 October through 15 April shall be replaced with permanent
repairs during the subsequent calm season.
Temporary Work. Temporary work will be used to expedite the
protection of facilities to ensure that the seawall improvements
will perform as designed. The various types of temporary work
will be reported and the more successful types, based on
experience record, will be used for the applicable temporary
work.
Permanent Work. Permanent work will be used to replace
I
20
temporary work and/or reduce annual maintenance. For permanent
work within the capabilities of the repair organization, the work
will be scheduled and budgeted annually. Major repairs will be
constructed similarly to new erosion-control construction.
10. Debris Removal. Debris removal is a regularly scheduled
routine requirement and part of all repairs as well as inspection
preparation.
11. Concrete Repairs. Concrete repairs shall include the
following:
Sealing cracked concrete (where cracks permit migration
of fines) by concrete sawing, chipping, cleaning, and dry-
packing.
Resealing expansion joint with bituminous material.
12. Rock Revetment Repairs. Rock revetment repairs for the
reporting feature include the following:
Readjusting dislodged rock.
Replacement of fractured rock.
13. Toe Stone Repair. Toe Stone repairs for the seawall will
include the following:
Replacement up to design elevations.
Readjusting dislodged stones.
C. Replacing fractured stones.
14. Handrail Repairs. Handrails should be repaired by
replacement with new sections of the handrail.
15. Rights-of-Way Maintenance. Faulty rights-of-way maintenance
can impair seawall protection as much as other faulty seawall
improvements. Rights-of-way maintenance or correction include the
following:
Establishment of adequate width of the access roadways.
Establishment of continuous access roadways with access
to streets at bridges or turnarounds or under bridge access ways.
C. Removal of encroachments.
21
A
Establishment of controlled access for minimum seawall
rights-of-way.
Restoration of security methods on access ways.
22
1
PART III - APPENDICES
23
APPENDIX A
EXLE OF SEMIANNUAL REPORT MW CHECK LISTS
Check List for Project Inspection
See Chapter 5: Monitoring Program for the description of items in
the following check list.
Sheet pile seawall with concrete cap.
Rock revetment and filter fabric.
Toe stone.
Sidewalks, railing, access ramps, and stairs.
A-i
S
To: Commander Date:
Department of the Army
Los Angeles District
Corps of Engineers
911 Wilshire Blvd.
Los Angeles, California 90017
Dear Sir:
The semiannual report for the period [(1 January 19_ to 30 June
19) (1 July 19_ to 31 December 19_) on the Carlsbad
Boulevard Shore Protection Project is as follows:
a. The physical condition of the protective works is
indicated by the inspection reports, copies of which are enclosed
and may be summarized as follows:
(Superintendent's summary of conditions)
It is out intention to perform the following maintenance work in
order to repair or correct the conditions indicated.
(Outline of anticipated maintenance operations
for the following 6 months)
During this report period, major high wave periods
occurred on the following dates:
DATE MAXIMUM WAVE HEIGHT (FT)
The inspections have indicated (no) or (the following)
encroachment or trespass upon the project rights-of-way.
A-2
Action or prosecution for abatement of these encroachments or
trespass are summarized as follows: (or sate none have been
necessary).
(No) () permit(s) have been issued (for the following
improvements or construction within the project rights-of-way).
Executed copies of the permit documents issued are enclosed for
your files.
The status of maintenance measures indicated in the
previous report as being required or as suggested by the
representatives of the Commander is as follows:
(Statement of maintenance operations,
item by item with percent completion)
The fiscal statement of the superintendent's operations
for the current report period is as follows:
(Labor Material Equipment Overhead Total)
Inspection
Maintenance
Erosion Fighting Operations
TOTAL
Respectfully submitted, Ir
JV
Superintendent of Works
A-3
APPENDIX B
PROJECT DATA SHEETS AND MAPS
This appendix contains data sheets for the Carlsbad Seawall
Project which was constructed by the Federal Government in San
Diego County. The as-built drawings of the project are included
in this appendix. The applicable Corps of Engineers construction
drawings are: Plans of Carlsbad Blvd. Shore Protection,
Carlsbad, California - District File No. B-122 through B-138.
The date of completion of construction was 23 May 1997.
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APPENDIX C
AGREEbNTS BETWEEN
THE DEPARTMENT OF THE ARMY
AND
THE CITY OF CBLSBAD
C-].
Ili
PROJECT COOPERATION AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND
THE CITY OF CARLSBAD, CALIFORNIA
FOR CONSTRUCTION OF THE
CARLSBAD BOULEVARD (AGUA HEDIONDA)
STORM DAMAGE REDUCTION PROJECT
CARLSBAD, CALIFORNIA
THIS AGREEMENT is entered into this /' day of
199k, by and between the DEPARTMENT OF THE ARMY
(heeinafter the "Government"), represented by the U.S. Army
Engineer for the Los Angeles District (hereinafter the "District
Engineer"), and the City of Carlsbad, California (hereinafter the
"Non-Federal Sponsor"), represented by the Mayor of the City of
Carlsbad.
WITNESSETH, THAT:
WHEREAS, the Carlsbad Boulevard (Agua Hedionda) Storm Damage
Reduction Project in the City of Carlsbad, San Diego County,
California (hereinafter the "Project") was approved for
construction by Commander, South Pacific Division on 2 July 1996
pursuant to the authority contained in Section 103 of the River
and Harbor Act of 1962, as amended, 33 U.S.C. 426g.
WHEREAS, the Government and the Non-Federal Sponsor desire
to enter into a Project Cooperation Agreement for construction of
the Project, as defined in Article I.A. of this Agreement;
WHEREAS, Section 103 of the Water Resources Development Act
of 1986, Public Law 99-662, as amended, specifies the
cost-sharing requirements applicable to the Project;
WHEREAS, Pursuant to Section 103 of the River and Harbor Act
of 1962, as amended, 33 U.S.C. 426g, the Government may expend up
to $2,000,000 on a single storm damage reduction project;
WHEREAS, Section 221 of the Flood Control Act of 1970,
Public -Law 91-611, as amended, and Section 103 of the Water
Resources Development Act of 1986, Public Law 99-662, as amended,
provide that the Secretary of the Army shall not commence
construction of any water resources project, or separable element
thereof, until each non-Federal sponsor has entered into a
written agreement to furnish its required cooperation for the
project or separable element;
WHEREAS, the Goverxment and Non-Federal Sponsor have the
full authority and capability to perform as hereinafter set forth
and intend to cooperate in cost-sharing and financing of the
1
construction of the Project in accordance with the terms of this
Agreement.
NOW, THEREFORE, the Government and the Non-Federal Sponsor
agree as follows:
ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS
For purposes of this Agreement:
The term "Project" shall mean protection of Carlsbad
Boulevard between the intake and outlet jetties of Agua Hedionda
Lagoon by constructing a 2,504-foot long steel sheetpile seawall
with a concrete cap, starting approximately 400 feet downcoast of
the south intake jetty of Agua Hedionda Lagoon and ending at the
north outlet jetty, with rock placed along the seawall as toe
protection and on the north revetment between the south intake
jetty and the beginning of the seawall, as generally described in
the Detailed Project Report entitled Carlsbad Boulevard.
Carlsbad. San Diego County. California. dated April, 1996 and
approved by Cornmander,South Pacific Division on May 8, 1996.
The term "total project costs" shall mean all costs
incurred by the Non-Federal Sponsor and the Government in
accordance with the terms of this Agreement directly related to
construction of the Project. Subject to the provisions of this
Agreement, the term shall include, but is not necessarily limited
to: engineering and design costs during the preparation of
contract plans and specifications; engineering and design costs
during construction; the costs of investigations to identify the
existence and extent of hazardous substances in accordance with
Article XV.A. of this Agreement; costs of historic preservation
activities in accordance with Article XVIII.A. of this Agreement;
actual construction costs; supervision and administration costs;
costs of participation in the Project Coordination Team in
accordance with Article V of this Agreement; costs of contract
dispute settlements or awards; the value of lands, easements,
rights-of-way, relocations, and suitable borrow and dredged or
excavated material disposal areas for which the Government
affords credit in accordance with Article IV of this Agreement;
and costs of audit in accordance with Article X of this
Agreement. The term does not include any costs for. operation,
maintenance, repair, replacement, or rehabilitation; any costs
due to betterments; or any costs of dispute resolution under
Article VII of this Agreement.
The term "financial obligation for construction" shall
mean a financial obligation of the Government other than an
obligation pertaining to the provision of lands, easements,
rights-of-way, relocations, and borrow and dredged or excavated
material disposal areas, that results or would result in a cost
that is or would be included in total project costs.
The term "non-Federal proportionate share" shall mear1
the ratio of the Non-Federal Sponsor's total cash contribution
2
required in accordance with Articles II-D.2. of this Agreement to
total financial obligations for construction, as projected by the
Government.
The term "period of construction" shall mean the time
from the date the Government first notifies the Non-Federal
Sponsor in writing, in accordance with Article VI.B. of this
Agreement, of the scheduled date for issuance of the solicitation
for the first. construction contract to the date that the District
Engineer notifies the Non-Federal Sponsor in writing of the
Government's determination that construction of the Project is
complete.
The term "highway" shall mean any public highway,
roadway, street, or way, including any bridge thereof.
The term "relocation" shall mean providing a
functionally equivalent facility to the owner of an existing
utility, cemetery, highway or other public facility, or railroad
(including any bridges thereof) when such action is authorized in
accordance with applicable legal principles of just compensation.
Providing a functionally equivalent facility may take the form of
alteration, lowering, raising, or replacement and attendant
removal of the affected facility or part thereof.
The term "fiscal year" shall mean one fiscal year of tthe
Government. The Government fiscal year begins on October 1 and
ends on September 30.
The term "functional portion of the Project" shall mean
a portion of the Project that is suitable for tender to the Non-
Federal Sponsor to operate and maintain in advance of completion
of the entire Project. For a portion of the Project to be
suitable for tender, the District Engineer must notify the Non-
Federal Sponsor in writing of the Government's determination that
the portion of the Project is complete and can function
independently and for a useful purpose, although the balance of
the Project is not complete.
The term "betterment" shall mean a change in the design
and construction of an element of the Project resulting from the
application of standards that the Government determines exceed
those that the Government would.otherwise apply for accomplishing
the des-ign and construction of that element.
ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND THE NON-FEDERAL
SPONSOR
A. The Government, subject to the availability of funds and
using those funds and funds provided by the Non-Federal Sponsor,
shall expeditiously construct the Project applying those
procedures usually applied to Federal projects, pursuant to
Federal laws, regulations, and policies.
3
1. The Government shall afford the Non-Federal Sponsor
the opportunity to review and comment on the solicitations for
all contracts, including relevant plans and specifications, prior
to the Government's issuance of such solicitations. The
Government shall not issue the solicitation for the first
construction contract until the Non-Federal Sponsor has confirmed
in writing its willingness to proceed with the Project. To the
extent possible, the Government shall afford the Non-Federal
Sponsor the opportunity to review and comment on all contract
modifications, including change orders, prior to the issuance to
the contractor of a Notice to Proceed. In any instance where
providing the Non-Federal Sponsor with notification of a contract
modification or change order is not possible prior to issuance of
the Notice to Proceed, the Government shall provide such
notification in writing at the earliest date possible. To the
extent possible, the Government also shall afford the Non-Federal
Sponsor the opportunity to review and comment on all contract
claims prior to resolution thereof. The Government shall
consider in good faith the comments of the Non-Federal Sponsor,
but the contents of solicitations, award of contracts, execution
of contract modifications, issuance of change orders, resolution
of contract claims, and performance of all work on the Project
(whether the work is performed under contract or by Government
personnel), shall be exclusively within the control of the
Government.
2. Throughout the period of construction, the District
Engineer shall furnish the Non-Federal Sponsor with a copy of the
Government's Written Notice of Acceptance of Completed Work for
each contract for the Project.
The Non-Federal Sponsor may request the Government to
accomplish betterments. Such requests shall be in writing and
shall describe the betterments requested to be accomplished. If
the Government in its sole discretion elects to accomplish the
requested betterments or any portion thereof, it shall so notify
the Non-Federal Sponsor in a writing that sets forth any
applicable terms and conditions, which must be consistent with
this Agreement. In the event of conflict between such a writing
and this Agreement, this Agreement shall control. The Non-
Federal Sponsor shall be solely responsible for all costs due tc
the requested betterments and shall pay all such costs in
accordance with Article VI.C. of this Agreement.
When the District Engineer determines that the entire
Project is complete or that a portion of the Project has become a
functional portion of the Project, the District Engineer shall so
notify the Non-Federal Sponsor in writing and furnish the Non-
Federal Sponsor with an Operation, Maintenance, Repair,
Replacement, and Rehabilitation Manual (hereinafter the "OMRR&R
Manual") and with copies of all of the Government's Written
Notices of Acceptance of Completed Work for all contracts for the
Project or the functional portion of the Project that have not
been provided previously. Upon such notification, the Non-
Federal Sponsor shall operate, maintain, repair, replace, and
4
S
4
rehabilitate the entire Project or the functional portion of the
Project in accordance with Article VIII of this Agreement.
D. The Non-Federal Sponsor shall contribute a minimum of
35 percent of total project costs in accordance with the
provisions of this paragraph.
In accordance with Article III of this Agreement,
the Non-Federal Sponsor shall provide all lands, easements,
rights-of-way, and suitable borrow and dredged or excavated
material disposal areas that the Government determines the Non-
Federal Sponsor must provide for the construction, operation, and
maintenance of the Project, and shall perform or ensure
performance of all relocations that the Government determines to
be necessary for the construction, operation, and maintenance of
the Project.
If the Government projects that the value of the
Non-Federal Sponsor's contributions under paragraphs D.1. of this
Article and Articles V, X, and XV.A. of this Agreement will be
less than 35 percent of total project costs, the Non-Federal
Sponsor shall provide a cash contribution, in accordance with
Article VI.B. of this Agreement, in the amount necessary to make
the Non-Federal Sponsor's total contribution equal to 35 percent
of total project costs.
Subject to Article XIX of this Agreement, if the
Government determines that the value of the Non-Federal Sponsor's
contributions provided under paragraphs D.l and D.2 of this
Article and Articles V, X, and XV.A. of this Agreement has
exceeded 35 percent of total project costs, the Government,
subject to the availability of funds, shall reimburse the Non-
Federal Sponsor for any such value in excess of 35 percent of
total project costs. After such a determination, the Government,
in its sole discretion, may provide any remaining Project lands,
easements, rights-of-way, and suitable borrow and dredged or
excavated material disposal areas and perform any remaining
Project relocations on behalf of the Non-Federal Sponsor.
E. The Non-Federal Sponsor may request the Government to
provide lands, easements, rights-of-way, and suitable borrow and
dredged.or excavated material disposal areas or perform
relocations on behalf of the Non-Federal-Sponsor. Such requests
shall be in writing and shall describe the services requested to
be performed. If in its sole discretion the Government elects to
perform the requested services or any portion thereof, it shall
so notify the Non-Federal Sponsor in a writing that sets forth
any applicable terms and conditions, which must be consistent
with this Agreement. In the event of conflict between such a
writing and this Agreement, this Agreement shall control. The
Non-Federal Sponsor shall be solely responsible for all.costs of
the requested services and shall pay all such costs iii accordance
with Article VI.C. of this Agreement. Notwithstanding the
5
provision of lands, easements, rights-of-way, and suitable borrow
and dredged or excavated material disposal areas or performance
of relocations by the Government, the Non-Federal Sponsor shall
be responsible, as between the Government and the Non-Federal
Sponsor, for the costs of cleanup and response in accordance with
Article XV.C. of this Agreement.
The Government shall perform a final accounting in
accordance with Article VI.D. of this Agreement to determine the
contributions provided by the Non-Federal Sponsor in accordance
with paragraphs B., D., and E. of this Article and Articles V, X,
and XV.A. of this Agreement and to determine whether the Non-
Federal Sponsor has met its obligations under paragraphs B., D.,
and E. of this Article.
The Non-Federal Sponsor shall not use Federal funds to
meet the Non-Federal Sponsor's share of total project costs under
this Agreement unless the Federal granting agency verifies in
writing that the expenditure of such funds is expressly
authorized by statute.
The Non-Federal Sponsor agrees to participate in and
comply with applicable Federal floodplain management and flood
insurance programs.
Not less than once each year the Non-Federal Sponsor
shall inform affected interests of the extent of protection
afforded by the Project.
The Non-Federal Sponsor shall publicize flood plain
information in the area concerned and shall provide this
information to zoning and other regulatory agencies for their use
in preventing unwise future development in the flood plain and in
adopting such regulations as may be necessary to prevent unwise
future development and to ensure compatibility with protection
levels provided by the Project.
ARTICLE III - LANDS, RELOCATIONS, DISPOSAL AREAS, AND PUBLIC LAW
91-646 COMPLIANCE
A. The Government, after consultation with the Non-Federal
Sponsor, shall determine the lands, easements, and rights-of-way
required for the construction, operation, and maintenance of the
Project., including those required for relocations, borrow
materials, and dredged or excavated material disposal. The
Government in a timely manner shall provide the Non-Federal
Sponsor with general written descriptions, including maps as
appropriate, of the lands, easements, and rights-of-way that the
Government determines the Non-Federal Sponsor must provide, in
detail sufficient to enable the Non-Federal Sponsor to fulfill
its obligations under this paragraph, and shall provide the Non-
Federal Sponsor with a written notice to proceed with acquisition
of such lands,. easements, and rights-of-way. Prior to the end of
the period-of construction, the Non-Federal Sponsor shall acquire
all lands, easements, and rights-of-way set forth in such
6
descriptions. Furthermore, prior to issuance of the solicitation
for each Construction contract, the Non-Federal Sponsor shall
provide the Government with authorization for entry to all lands,
easements, and rights-of-way the Government determines the Non-
Federal Sponsor must provide for that contract. For so long as
the Project remains authorized, the Non-Federal Sponsor shall
ensure that lands, easements, and rights-of-way that the
Government determines to be required for the operation and
maintenance of the Project and that were provided by the Non-
Federal Sponsor are retained in public ownership for uses
compatible with the authorized purposes of the Project.
B. The Government, after consultation with the Non-Federal
Sponsor, shall determine the improvements required on lands,
easements, and rights-of-way to enable the proper disposal of
dredged or excavated material associated with the construction,
operation, and maintenance of the Project. Such improvements may
include, but are not necessarily limited to, retaining dikes,
wasteweirs, bulkheads, embankments, monitoring features, stilling
basins, and de-watering pumps and pipes. The Government in a
timely manner shall provide the Non-Federal Sponsor with general
written descriptions of such improvements in detail sufficient to
enable the Non-Federal Sponsor to fulfill its obligations under
this paragraph, and shall provide the Non-Federal Sponsor with a
written notice to proceed with construction of such improvements.
Prior to the end of the period of construction, the Non-Federal
Sponsor shall provide all improvements set forth in such
descriptions. Furthermore, prior to issuance of the solicitation
for each Government construction contract, the Non-Federal
Sponsor shall prepare plans and specifications for all
improvements the Government determines to be required for the
proper disposal of dredged or excavated material under that
contract, submit such plans and specifications to the Government
for approval, and provide such improvements in accordance with
the approved plans and specifications.
C. The Government, after consultation with the Non-Federal
Sponsor, shall determine the relocations necessary for the
construction, operation, and maintenance of the Project,
including those necessary to enable the removal of borrow
materials and the proper disposal of dredged or excavated
material. The Government in a timely manner shall provide the
Non-Federal Sponsor with general written descriptions, including
maps a5 appropriate, of such relocations in detail sufficient to
enable the Non-Federal Sponsor to fulfill its obligations under
this paragraph, and shall provide the Non-Federal Sponsor with a
written notice to proceed with such relocations. Prior to the
end of the period of construction, the Non-Federal Sponsor shall
perform or ensure the performance of all relocations as set forth
in such descriptions. Furthermore, prior to issuance of the
solicitation for each Government construction contract, the Non-
Federal Sponsor shall prepare or ensure the preparation of plans
and specifications for, and perform or ensure the performance of,
all relocations the Goverrtffent determines to be necessary for
that contract.
The Non-Federal Sponsor in a timely manner shall provide
the Government with such documents as are sufficient to enable
the Government to determine the value of any contribution
provided pursuant to paragraphs A., B., or C. of this Article.
Upon receipt of such documents the Government, in accordance with
Article IV of this Agreement and in a timely manner, shall
determine the value of such contribution, include such value in
total project costs, and afford credit for such value toward the
Non-Federal Sponsor's share of total project costs.
The Non-Federal Sponsor shall comply with the applicable
provisions of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, Public Law 91-646, as amended
by Title IV of the Surface Transportation and Uniform Relocation
Assistance Act of 1987 (Public Law 100-17), and the Uniform
Regulations contained in 49 C.F.R. Part 24, in acquiring lands,
easements, and rights-of-way required for the construction,
operation, and maintenance of the Project, including those
necessary for relocations, borrow materials, and dredged or
excavated material disposal, and shall inform all affected
persons of applicable benefits, policies, and procedures in
connection with said Act.
ARTICLE IV - CREDIT FOR VALUE OF LANDS, RELOCATIONS, AND DISPOSAL
AREAS
The Non-Federal Sponsor shall receive credit toward its
share of total project costs for the value of the lands,
easements, rights-of-way, and suitable borrow and dredged or
excavated material disposal areas that the Non-Federal Sponsor
must provide pursuant to Article III of this Agreement, and for
the value of the relocations that the Non-Federal Sponsor must
perform or for which it must ensure performance pursuant to
Article III of this Agreement. However, the Non-Federal Sponsor
shall not receive credit for the value of any lands, easements,
rights-of-way, relocations, or borrow and dredged or excavated
material disposal areas that have been provided previously as an
item of cooperation for another Federal project. The Non-Federal
Sponsor also shall not receive credit for the value of lands,
easements, rights-of-way, relocations, or borrow and dredged or
excavated material disposal areas to the extent that such items
are provided using Federal funds unless the Federal granting
agency verifies in writing that such credit is expressly
authorized by statute.
For the sole purpose of affording credit in accordance
with this Agreement, the value of lands, easements, and rights-
of-way, including those necessary for relocations, borrow
materials, and dredged or excavated material disposal, shall be
the fair market value of the real property interests, plus
certain incidental costs of acquiring those interests, as
determined in accordance with the provisions of this paragraph.
1. Date of Valuation. The fair market value of lands,
easements, or rights-of-way owned by the Non-Federal Sponsor on
[:]
the effective date of this Agreement shall be the fair market
value of such real property interests as of the date the Non-
Federal Sponsor provides the Government with authorization for
entry thereto. The fair market value of lands, easements, or
rights-of-way acquired by the Non-Federal Sponsor after the
effective date of this Agreement shall be the fair market value
of such real property interests at the time the interests are
acquired.
2. General Valuation Procedure. Except as provided in
paragraph B.3. of this Article, the fair market value of lands,
easements, or rights-of-way shall be determined in accordance
with paragraph B.2.a. of this Article, unless thereafter a
different amount is determined to represent fair market value in
accordance with paragraph B.2.b. of this Article.
a. The Non-Federal Sponsor shall obtain, for each
real property interest, an appraisal that is prepared by a
qualified appraiser who is acceptable to the Non-Federal Sponsor
and the Government. The appraisal must be prepared in accordance
with the applicable rules of just compensation, as specified by
the Government. The fair market value shall be the amount set
forth in the Non-Federal Sponsor's appraisal, if such appraisal
is approved by the Government. In the event the Government does
not approve the Non-Federal Sponsor's appraisal, the Non-Federal
Sponsor may obtain a second appraisal, and the fair market value
shall be the amount set forth in the Non-Federal Sponsor's second
appraisal, if such appraisal is approved by the Government. In
the event the Government does not approve the Non-Federal
Sponsor's second appraisal, or the Non-Federal Sponsor chooses
not to obtain a second appraisal, the Government shall obtain an
appraisal, and the fair market value shall be the amount set
forth in the Government's appraisal, if such appraisal is
approved by the Non-Federal Sponsor. In the event the Non-
Federal Sponsor does not approve the Government's appraisal, the
Government, after consultation with the Non-Federal Sponsor,
shall consider the Government's and the Non-Federal Sponsor's
appraisals and determine an amount based thereon, which shall be
deemed to be the fair market value.
b. Where the amount paid or proposed to be paid
by the Non-Federal Sponsor for the real property interest exceeds
the amount determined pursuant to paragraph B.2.a. of this
Article, the Government, at the request of the Non-Federal
Sponsor, shall consider all factors relevant to determining fair
market value and, in its sole discretion, after consultation with
the Non-Federal Sponsor, may approve in writing an amount greater
than the amount determined pursuant to paragraph B.2.a. of this
Article, but not to exceed the amount actually paid or proposed
to be paid. If the Government approves such an amount, the fair
market value shall be the lesser of the approved amount or the
amount paid by the Non-Federal Sponsor, but no less than the
amount determined pursuant to paragraph B.2.a. of this Article.
3. Eminent Domain Valuation Procedure. For lands,
easements, or rights-of-way acquired by eminent domain
proceedings instituted after the effective date of this
Agreement, the Non-Federal Sponsor shall, prior to instituting
such proceedings, submit to the Government notification in
writing of its intent to institute such proceedings and an
appraisal of the specific real property interests to be acquired
in such proceedings. The Government shall have 60 days after
receipt of such a notice and appraisal within which to review the
appraisal, if not previously approved by the Government in
writing.
If the Government previously has approved the
appraisal in writing, or if the Government provides written
approval of, or takes no action on, the appraisal within such 60-
day period, the Non-Federal Sponsor shall use the amount set
forth in such appraisal as the estimate of just compensation for
the purpose of instituting the eminent domain proceeding.
If the Government provides written disapproval
of the appraisal, including the reasons for disapproval, within
such 60-day period, the Government and the Non-Federal Sponsor
shall consult in good faith to promptly resolve the issues or
areas of disagreement that are identified in the Government's
written disapproval. If, after such good faith consultation, the
Government and the Non-Federal Sponsor agree as to an appropriate
amount, then the Non-Federal Sponsor shall use that amount as the
estimate of just compensation for the purpose of instituting the
eminent domain proceeding. If, after such good faith
consultation, the Government and the Non-Federal Sponsor cannot
agree as to an appropriate amount, then the Non-Federal Sponsor
may use the amount set forth in its appraisal as the estimate of
just compensation for the purpose of instituting the eminent
domain proceeding.
For lands, easements, or rights-of-way
acquired by eminent domain proceedings instituted in accordance
with sub-paragraph B.3. of this Article, fair market value shall
be either the amount of the court award for the real property
interests taken, to the extent the Government determined such
interests are required for the construction, operation, and
maintenance of the Project, or the amount of any .stipulated
settlement or portion thereof that the Government approves in
writing.
4. Incidental Costs. For lands, easements, or rights-
of-way acquired by the Non-Federal Sponsor within a five-year
period preceding the effective date of this Agreement, or at any
time- after the effective date of this Agreement, the value of the
interest shall include the documented incidental costs of
acquiring the interest, as determined by the Government, subject
to an audit in accordance with Article X.C. of this Agreement to
determine reasonableness, allocability, and allowability of..
costs. Such incidental costs shall include, but not necessarily
be limited to, closing and title costs, appraisal costs, survey
10
costs, attorney's fees, plat maps, and mapping costs, as well as
the actual amounts expended for payment of any Public Law 91-646
relocation assistance benefits provided in accordance with
Article III.E. of this Agreement.
C. After consultation with the Non-Federal Sponsor, the
Government shall determine the value of relocations in accordance
with the provisions of this paragraph.
For a relocation other than a highway, the value
shall be only that portion of relocation costs that the
Government determines is necessary to provide a functionally
equivalent facility, reduced by depreciation, as applicable, and
by the salvage value of any removed items.
For a relocation of a highway, the value shall be
only that portion of relocation costs that would be necessary to
accomplish the relocation in accordance with the design standard
that the State of California would apply under similar conditions
of geography and traffic load, reduced by the salvage value of
any removed items.
Relocation costs shall include, but not necessarily
be limited to, actual costs of performing the relocation;
planning, engineering and design costs; supervision and
administration costs; and documented incidental costs associated
with performance of the relocation, but shall not include any
costs due to betterments, as determined by the Government, nor
any additional cost of using new material when suitable used
material is available. Relocation costs shall be subject to an
audit in accordance with Article X.C. of this Agreement to
determine reasonableness, allocability, and allowability of
costs.
D. The value of the improvements made to lands, easements,
and rights-of-way for the proper disposal of dredged or excavated
material shall be the costs of the improvements, as determined by
the Government, subject to an audit in accordance with Article
X.C. of this Agreement to determine reasonableness, allocability,
and allowability of costs. Such costs shall include, but not
necessarily be limited to, actual costs of providing the
improvements; planning, engineering and design costs; supervision.
and administration costs; and documented incidental costs
associated with providing the improvements, .but shall not include
any costs due to betterments, as determined by the Government.
ARTICLE V - PROJECT COORDINATION TEAM
A. To provide for consistent and effective communication,
the Non-Federal Sponsor and the Government, not later than 30
days after the effective date of this Agreement, shall appoint
named senior representatives to a Project Coordination Team.
Thereafter, the Project Coordination Team shall meet regularly
until the end of the period of construction. The Government's
11
Project Manager and a counterpart named by the Non-Federal
Sponsor shall co-chair the Project Coordination Team.
The Government's Project Manager and the Non-Federal
Sponsor's counterpart shall keep the Project Coordination Team
informed of the progress of construction and of significant
pending issues and actions, and shall seek the views of the
Project Coordination Team on matters that the Project
Coordination Team generally oversees.
Until the end of the period of construction, the Project
Coordination Team shall* generally oversee the Project, including
issues related to design; plans and specifications; scheduling;
real property and relocation requirements; real property
acquisition; contract awards and modifications; contract costs;
the Government's cost projections; final inspection of the entire
Project or functional portions of the Project; preparation of the
proposed OMRR&R Manual; anticipated requirements and needed
capabilities for performance of operation, maintenance, repair,
replacement, and rehabilitation of the Project; and other related
matters.
The Project Coordination Team may make recommendations
that it deems warranted to the District Engineer on matters that
the Project Coordination Team generally oversees, including
suggestions to avoid potential sources of dispute. The
Government in good faith shall consider the recommendations of
the Project Coordination Team. The Government, having the legal
authority and responsibility for construction of the Project, has
the discretion to accept, reject, or modify the Project
Coordination Team's recommendations.
The costs of participation in the Project Coordination
Team shall be included in total project costs and cost shared in
accordance with the provisions of this Agreement.
ARTICLE VI - METHOD OF PAYMENT
A. The Government shall maintain current records of
contributions provided by the parties and current projections of
total project costs and costs due to betterments. By July of
each year and at least quarterly thereafter, the Government shall
provide the Non-Federal Sponsor with a report setting forth all
contributions provided to date and the current projections of
total project costs, of total costs due to betterments, of the
components of total project costs, of each party's share of total
project costs, of the Non-Federal Sponsor's total cash
contributions required in accordance with Articles II.B., II.D.,
and II.E. of this Agreement, of the non-Federal proportionate
share, and of the funds the Government projects to be required
from the Non-Federal Sponsor for the upcoming fiscal year. On
the effective date of this Agreement, total project costs are
projected to be $4,128,000, and the.Non-Federa1 Sponsor's cash
contribution required under Artiql II.D. and Article XIX of this
Agreement is projected to be $2,128,000. Such amounts are
12
estimates subject to adjustment by the Government and are not to
be construed as the total financial responsibilities of the
Government and the Non-Federal Sponsor.
B. The Non-Federal Sponsor shall provide the cash
contribution required under Article II.D.2. and Article XIX of
this Agreement in accordance with the provisions of this
paragraph.
Not less than 60 calendar days prior to the
scheduled date for issuance of the solicitation for the first
construction contract, the Government shall notify the Non-
Federal Sponsor in writing of such scheduled date and the funds
a the Government determines to be required from the Non-Federal
Sponsor to meet the non-Federal proportionate share of projected
financial obligations for construction through the first fiscal
year of construction, including the non-Federal proportionate
share of financial obligations for construction incurred prior to
the commencement of the period of construction. Not later than
such scheduled date, the Non-Federal Sponsor shall verify to the
satisfaction of the Government that the Non-Federal Sponsor has
deposited the required funds in an escrow or other account
acceptable to the Government, with interest accruing to the Non-
Federal Sponsor.
For the second and subsequent fiscal years of
construction, the Government shall notify the Non-Federal Sponsor
in writing, no later than 60 calendar days prior to the beginning
of that fiscal year, of the funds the Government determines to be
required from the Non-Federal Sponsor to meet the non-Federal
proportionate share of projected financial obligations for
construction for that fiscal year. No later than 30 calendar
days prior to the beginning of the fiscal year, the Non-Federal
Sponsor shall make the full amount of the required funds for that
fiscal year available to the Government through the funding
mechanism specified in Article VI.B.l. of this Agreement.
The Government shall draw from the funds provided
by the Non-Federal Sponsor such sums as the Government deems
necessary to cover: (a) the non-Federal proportionate share of
financial obligations for construction incurred prior to the
commencement of the period of construction; and. (b) the non-
Federal proportionate share of financial obligations for
construction as they are incurred during the period of
It construction.
If at any time during the period of construction
the Government determines that additional funds will be needed
from the Non-Federal Sponsor to cover the non-Federal
proportionate share of projected financial obligations for
construction for the current fiscal year or comply with Article
XIX of this Agreement, the Government shall notify the Non-
Federal Sponsor in writing of the additional funds required,.and
the Non-Federal Sponsor, no later than 60 calendar days frbm
receipt of such notice, shall make the additional required funds
13
available through the payment mechanism specified in Article
VI.B.l. of this Agreement.
In advance of the Government incurring any financial
obligation associated with additional work under Article II.B. or
II.E. of this Agreement, the Non-Federal Sponsor shall verify to
the satisfaction of the Government that the Non-Federal Sponsor
has deposited the full amount of the funds required to pay for
such additional work in an escrow or other account acceptable to
the Government, with interest accruing to the Non-Federal
Sponsor. The Government shall draw from the funds provided by
the Non-Federal Sponsor such sums as the Government deems
necessary to cover the Government's financial obligations for
such additional work as they are incurred. In the event the JL
Government determines that the Non-Federal Sponsor must provide
additional funds to meet its cash contribution, the Government
shall notify the Non-Federal Sponsor in writing of the additional
funds required. Within 60 calendar days thereafter, the Non-
Federal Sponsor shall provide the Government with a check for the
full amount of the additional required funds.
Upon completion of the Project or termination of this
Agreement, and upon resolution of all relevant claims and
appeals, the Government shall conduct a final accounting and
furnish the Non-Federal Sponsor with the results of the final
accounting. The final accounting shall determine total project
costs, each party's contribution provided thereto, and each
party's required share thereof. The final accounting also shall
determine costs due to betterments and the Non-Federal Sponsor's
cash contribution provided pursuant to Article II.B. of this
Agreement.
In the event the final accounting shows that the
total contribution provided by the Non-Federal Sponsor is less
than its required share of total project costs plus costs due to
any betterments provided in accordance with Article II.B. of this
Agreement, the Non-Federal Sponsor shall, no later than 90
calendar days after receipt of written notice, make a cash
payment to the Government of whatever sum is required to meet the
Non-Federal Sponsor's required share of total project costs plus
costs due to any betterments provided in accordance with Article
II.B. of this Agreement.
In the event the final accounting shows that the
total contribution provided by the Non-Federal Sponsor exceeds
its required share of total project costs plus costs due to any
betterments provided in accordance with Article II.B. of this
Agreement, the Government shall, subject to the availability of
funds, refund the excess to the Non-Federal Sponsor no later than
90 calendar days after the final accounting is complete. In the
event existing funds are not available to refund the excess to
the Non-Federal Sponsor, the Government shall seek such
appropriations as-are necessary to make the refund.
ARTICLE VII - DISPUTE RESOLUTION
14
As a condition precedent to a party bringing any suit for
brea:h of this Agreement, that party must first notify the other
party in writing of the nature of the purported breach and seek
in good faith to resolve the dispute through negotiation. If the
parties cannot resolve the dispute through negotiation, they may
agree to a mutually acceptable method of non-binding alternative
dispute resolution with a qualified third party acceptable to
both parties. The parties shall each pay 50 percent of any costs
for the services provided by such a third party as such costs are
incurred. The existence of a dispute shall not excuse the
parties from performance pursuant to this Agreement.
ARTICLE VIII - OPERATION, MAINTENANCE, REPAIR, REPLACEMENT,
AND REHABILITATION (OMRR&R)
Upon notification in accordance with Article II.C. of
this Agreement and for so long as the Project remains authorized,
the Non-Federal Sponsor shall operate, maintain, repair, replace,
and rehabilitate the entire Project or the functional portion of
the Project, at no cost to the Government, in a manner compatible
with the Project's authorized purposes and in accordance with
applicable Federal and State laws as provided in Article XI of
this Agreement and specific directions prescribed by the
Government in the OMRR&R Manual and any subsequent amendments
thereto.
The Non-Federal Sponsor hereby gives the Government a
right to enter, at reasonable times and in a reasonable manner,
upon property that the Non-Federal Sponsor owns or controls for
access to the Project for the purpose of inspection and, if
necessary, for the purpose of completing, operating, maintaining,
repairing, replacing, or rehabilitating the Project. If an
inspection shows that the Non-Federal Sponsor for any reason is
failing to perform its obligations under this Agreement, the
Government shall send a written notice describing the non-
performance to the Non-Federal Sponsor. If, after 30 calendar
days from receipt of notice, the Non-Federal Sponsor continues to
fail to perform, then the Government shall have the right to
enter, at reasonable times and in a reasonable manner, upon
property that the Non-Federal Sponsor owns or controls for access
to the Project for the purpose of completing, operating,
maintaining, repairing, replacing, or rehabilitating the Project.
No completion, operation, maintenance, repair, replacement, or
rehabilitation by the Government shall operate to relieve the
Non-Federal Sponsor of responsibility to meet the Non-Federal
Sponsor's obligations as set forth in this Agreement, or to
preclude the Government from pursuing any. other remedy at law or
equity to ensure faithful performance pursuant to this Agreement.
ARTICLE IX - INDEMNIFICATION
The Non-Federal Sponsor shall hold and save the Government
free from all damages arising fràm the construction, operation,
maintenance, repair, replacement, and rehabilitation of the
15
Project and any Project-related betterments, except for damages
due to the fault or negligence of the Government or its
contractors.
ARTICLE X - MAINTENANCE OF RECORDS AND AUDIT
Not later than 60 calendar days after the effective date
of this Agreement, the Government and the Non-Federal Sponsor
shall develop procedures for keeping books, records, documents,
and other evidence pertaining to costs and expenses incurred
pursuant to this Agreement. These procedures shall incorporate,
and apply as appropriate, the standards for financial management
systems set forth in the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments
at 32 C.F.R. Section 33.20. The Government and the Non-Federal
Sponsor shall maintain such books, records, documents, and other
evidence in accordance with these procedures and for a minimum of
three years after the period of construction and resolution of
all relevant claims arising therefrom. To the extent permitted
under applicable Federal laws and regulations, the Government and
the Non-Federal Sponsor shall each allow the other to inspect
such books, documents, records, and other evidence.
Pursuant to 32 C.F.R. Section 33.26, the Non-Federal
Sponsor is responsible for complying with the Single Audit Act of
1984, 31 U.S.C. Sections 7501-7507, as implemented by Office of
Management and Budget (OMB) Circular No. A-128 and Department of
Defense Directive 7600.10. Upon request of the Non-Federal
Sponsor and to the extent permitted under applicable Federal laws
and regulations, the Government shall provide to the Non-Federal
Sponsor and independent auditors any information necessary to
enable an audit of the Non-Federal Sponsor's activities under
this Agreement. The costs of any non-Federal audits performed in
accordance with this paragraph shall be allocated in accordance
with the provisions of OMB Circulars A-87 and A-128, and such
costs as are allocated to the Project shall be included in total
project costs and cost shared in accordance with the provisions
of this Agreement.
In accordance with 31 U.S.C. Section 7503, the
Government may conduct audits in addition to-any audit that the
Non-Federal Sponsor is required to conduct under the Single Audit
Act. Any such Government audits shall be conducted in accordance
with Government Auditing Standards and the cost principles in OMB
Circular No. A-87 and other applicable cost principles and
regulations. The costs of Government audits performed in
accordance with this paragraph shall be included in total project
costs and cost shared in accordance with the provisions of this
Agreement.
ARTICLE XI - FEDERAL AND STATE LAWS
16
In the exercise of their respective rights and obligations
under this Agreement, the Non-Federal Sponsor and the Government
agree to comply with all applicable Federal and State laws and
regulations, including, but not limited to, Section 601 of the
Civil Rights Act of 1964, Public Law 88-352 (42 U.S.C. 2000d)
and Department of Defense Directive 5500.11 issued pursuant
thereto, as well as Army Regulations 600-7, entitled
"Nondiscrimination on the Basis of Handicap in Programs and
Activities Assisted or Conducted by the Department of the Army".
ARTICLE XII - RELATIONSHIP OF PARTIES
In the exercise of their respective rights and
obligations under this Agreement, the Government and the Non-
Federal Sponsor each act in an independent capacity, and neither
is to be considered the officer, agent, or employee of the other.
In the exercise of its rights and obligations under this
Agreement, neither party shall provide, without the consent of
the other party, any contractor with a release that waives or
purports to waive any rights such other party may have to seek
relief or redress against such contractor either pursuant to any
cause of action that such other party may have or for violation
of any law.
ARTICLE XIII - OFFICIALS NOT TO BENEFIT
No member of or delegate to the Congress, nor any resident
commissioner, shall be admitted to any share or part of this
Agreement, or to any benefit that may arise therefrom.
ARTICLE XIV - TERMINATION OR SUSPENSION
If at any time the Non-Federal Sponsor fails to fulfill
its obligations under Article II.B., II.D., II.E., VI, or
XVIII.C. of this Agreement, the Assistant Secretary of the Army
(Civil Works) shall terminate this Agreement or suspend future
performance under this Agreement unless he determines that
continuation of work on the Project is in the interest of the
United States or is necessary in order to satisfy agreements with
any other non-Federal interests in connection with the Project.
If the Government fails to receive annual appropriations
in amounts sufficient to meet Project expenditures for the then-
current or upcoming fiscal year, the Government shall so notify
the Non-Federal Sponsor in writing, and 60 calendar days
thereafter either party may elect without penalty to terminate
this Agreement or to suspend future performance under this
Agreement. In the event that either party elects to. suspend
future performance under this Agreement pursuant to this
paragraph, such suspension shall remain in effect until such time
as the Government receives sufficient appropriations or until
either the .Government or the Non-Federal Sponsor elects to
terminate this Agreement.
17
In the event that either party elects to terminate this
Agreement pursuant to this Article or Article XV of this
Agreement, both parties shall conclude their activitiesrelating
to the Project and proceed to a final accounting in accordance
with Article VI.D. of this Agreement.
Any termination of this Agreement or suspension of
future performance under this Agreement in accordance with this
Article or Article XV of this Agreement shall not relieve the
parties of liability for any obligation previously incurred. Any
delinquent payment shall be charged interest at a rate, to be
determined by the Secretary of the Treasury, equal to 150 per
centum of the average bond equivalent rate of the 13-week
Treasury bills auctioned immediately prior to the date on which
such payment became delinquent, or auctioned immediately prior to
the beginning of each additional 3-month period if the period of
delinquency exceeds 3 months.
ARTICLE XV - HAZARDOUS SUBSTANCES
After execution of this Agreement and upon direction by
the District Engineer, the Non-Federal Sponsor shall perform, or
cause to be performed, any investigations for hazardous
substances that the Government or the Non-Federal Sponsor
determines to be necessary to identify the existence and extent
of any hazardous substances regulated under the Comprehensive
Environmental Response, Compensation, and Liability Act
(hereinafter "CERCLA"), 42 U.S.C. Sections 9601-9675, that may
exist in, on, or under lands, easements, .and rights-of-way that
the Government determines, pursuant to Article III of this
Agreement, to be required for the construction, operation, and
maintenance of the Project. However, for lands that the
Government determines to be subject to the navigation servitude,
only the Government shall perform such investigations unless the
District Engineer provides the Non-Federal Sponsor with prior
specific written direction, in which case the Non-Federal Sponsor
shall perform such investigations in accordance with such written
direction. All actual costs incurred by the Non-Federal Sponsor
for such investigations for hazardous substances shall be
included in total project costs and cost shared in accordance
with the provisions of this Agreement, subject to an audit in
accordance with Article X.C. of this Agreement to determine
reasonableness, allocability, and allowability of costs.
In the event it is discovered through any investigation
for hazardous substances or other means that hazardous substances
regulated under CERCLA exist in, on, or under any lands,
easements, or rights-of-way that the Government determines,
pursuant to Article III of this Agreement, to be required for the
construction, operation, and maintenance of the Project, the Non-
Federal Sponsor and the Government shall provide prompt written
notice to each other, and the Non-Federal Sponsor shall not
proceed with the acquisition of the real property interests until
both parties agree that the Non-Federal Sponsor should proceed.
18
The Government and the Non-Federal Sponsor shall
determine whether to initiate construction of the Project, or, if
already in construction, whether to continue with work on the
Project, suspend future performance under this Agreement, or
terminate this Agreement for the convenience of the Government,
in any case where hazardous substances regulated under CERCLA are
found to exist in, on, or under any lands, easements, or rights-
of-way that the Government determines, pursuant to Article III of
this Agreement, to be required for the construction, operation,
and maintenance of the Project. Should the Government and the
Non-Federal Sponsor determine to initiate or continue with
construction after considering any liability that may arise under
CERCLA, the Non-Federal Sponsor shall be responsible, as between
the Government and the Non-Federal Sponsor, for the costs of
clean-up and response, to include the costs of any studies and
investigations necessary to determine an appropriate response to
the contamination. Such costs shall not be considered a part of
total project costs. In the event the Non-Federal Sponsor fails
to provide any funds necessary to pay for clean up and response
costs or to otherwise discharge the Non-Federal Sponsor's
responsibilities under this paragraph upon direction by the
Government, the Government may, in its sole discretion, either
terminate this Agreement for the convenience of the Government,
suspend future performance under this Agreement, or continue work
on the Project.
The Non-Federal Sponsor and the Government shall consult
with each other in accordance with Article V of this Agreement in
an effort to ensure that responsible parties bear any necessary
clean up and response costs as defined in CERCLA. Any decision
made pursuant to paragraph C. of this Article shall not relieve
any third party from any liability that may arise under CERCLA.
As between the Government and, the Non-Federal Sponsor,
the Non-Federal Sponsor shall be considered the operator of the
Project for purposes of CERCLA liability. To the maximum extent
practicable, the Non-Federal Sponsor shall operate, maintain,
repair, replace, and rehabilitate the Project in a manner that
will not cause liability to arise under CERCLA.
ARTICLE XVI - NOTICES
A. Any notice, request, demand, or other communication
required or permitted to be given under this Agreement shall be
deemed to have been duly given if in writing and either delivered
personally or by telegram or mailed by first-class, registered,
or certified mail, as follows:
If to the Non-Federal Sponsor:
Mayor
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, California 92009
V.,
If to the Government:
District Engineer
U.S. Army Corps of Engineers, Los Angeles
911 Wilshire Boulevard
Los Angeles, California 90017
A party may change the address to which such
communications are to be directed by giving written notice to the
other party in the manner provided in this Article.
Any notice, request, demand, or other communication made
pursuant to this Article shall be deemed to have been received by
the addressee at the earlier of such time as it is actually
received or seven calendar days after it is mailed.
ARTICLE XVII - CONFIDENTIALITY
To the extent permitted by the laws governing each party,
the parties agree to maintain the confidentiality of exchanged
information when requested to do so by the providing party.
ARTICLE XVIII - HISTORIC PRESERVATION
The costs of identification, survey and evaluation of
historic properties shall be included in total project costs and
cost shared in accordance with the provisions of this Agreement.
As specified in Section 7(a) of Public Law 93-291 (16
U.S.C. Section 469c (a)), the costs of mitigation and data
recovery activities associated with historic preservation shall
be borne entirely by the Government and shall not be included in
total project costs, up to the statutory limit of one percent of
the total amount the Government is authorized to expend for the
Project.
The Government shall not incur costs for mitigation and
data recovery that exceed the statutory one percent limit
specified in paragraph B. of this Article unless and until the
Assistant Secretary of the Army (Civil Works) has waived that
limit in accordance with Section 208(3) of Public Law 96-515 (16
U.S.C. Section 469c-2(3)). Any costs of mitigation and data ) recovery that exceed the one percent limit shall not be included
in total project costs but shall be cost shared between the Non-
Federal Sponsor and the Government consistent with the minimum
non-Federal cost sharing requirements for the underlying storm
damage reduction purpose, as follows: 35 percent borne by the
Non-Federal Sponsor, and 65 percent borne by the Government.
ARTICLE XIX - LIMITATION OF GOVERNMENT EXPENDITURES
20
In accordance with Section 103 of the River and Harbor
Act of 1962, as amended, the Government's financial participation
in the Project is limited to $2,000,000 which shall include all
Federal funds expended by the Government for planning, design,
and implementation of the project, except for coordination
account funds expended prior to the first work allowance for
study initiation. Notwithstanding any other provision of this
Agreement, the Non-Federal Sponsor shall be responsible for all
costs in excess of this amount.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement, which shall become effective upon the date it is
signed by the Department of the Army and shall provide such costs
in accordance with Article VI.B of this Agreement.
n THE DEPARTMENT OF THE ARMY
BY
Micha]. R. Robinson
Colonel, Corps of Engineers
District Engineer
DATE:
BY:
Mayor
City, of Carlsbad
DATE: £L1141.4i- J3•/cf14,
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