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Home My WebLink About3455; Coastal Rail Trail, Reach 1; Coastal Rail Trail, Trail Management Plan; 2005-03-01Coastal Rail Trail Trail Management Plan Prepared by: Cityof Carlsbad March 2005 H:\Capital Improvement Program\3455 Coastal Rail Trail\Maintenace PlanVCRTTrail Mngmnt_City Version.doc TABLE OF CONTENTS 1.0 Introduction 1 2.0 Trail Management 2 2.1 Trail Management Responsibilities 2 3.0 Trail Maintenance 3 3.1 Graffiti, Hardscape and Site Furnishings 3 3.2 Signs and Striping on Class II and III Bike Lane 4 3.3 Fencing and Barrier 5 3.4 Mulch and Pest Management 5 3.5 Bridge Structures 9 3.6 Lighting 10 3.7 Drainage Systems 10 3.8 Weed Management 10 3.9 Plant Maintenance 12 3.10 Litter Control 19 3.11 Maintenance Schedules 20 4.0 Trail Operations 21 4.1 Trail Use Regulations 21 4.2 Maintenance Activities 22 4.2.1 Maintenance Activities - Trail 22 4.2.2 Maintenance Activities - Rail 22 4.2.3 Maintenance Activities - Other Utilities 23 4.3 Security and Safety on the Trail 23 4.3.1 Security on the Trail 24 4.3.2 Safety on the Trail 25 4.4 Trail Emergency Access 26 4.5 Risk Management 26 4.5.1 Signage 26 4.6 Coordination and Planning 29 4.6.1 Coordination - Private 29 4.6.2 Coordination - Trail Users 29 4.6.3 Coordination-NCTD 29 4.6.4 Planning 30 5.0 Trail Management Costs 30 5.1 Maintenance Costs 30 5.2 Operating Costs 15 5.3 Administrative Costs 15 ii LIST OF TABLES Table 1 Trail Maintenance Activities and Frequencies Table 2 Signage and Markings 20 27 APPENDICIES Appendix A NCTD Operating Footprint Appendix B Plant Palette Appendix C Easement for Rail Trail Appendix D Storm Water Mitigation Plan Appendix E Post Construction BMP's details Appendix F Maintenance Contract Specifications Appendix G Contact Information Appendix H Spot Improvement Card Appendix I Coastal Rail Trail Inspection Form Appendix J Coastal Development Permit CDP 03-31 111 1.0 INTRODUCTION The Coastal Rail Trail project is a bicycle/pedestrian pathway connecting the cities of Oceanside, Carlsbad, Encinitas; and Solana Beach. Eventually, this pathway will be extended to Downtown San Dlego. This project is being designed and built through the cooperative efforts of the four cities through which it passes. The Coastal Rail Trail (from here on referred to as the "Trail") is a truly regional project that greatly enhances the travel opportunities for bicyclists and pedestrians and is likely to help mitigate traffic congestion and vehicle emissions in the North County coastal area. The four cities-Oceanside, Carlsbad, Encinitas, and Solana Beach- commissioned a Trail Management Plan for the planned Coastal Rail Trail Project within each of their jurisdictional borders. The Plan identifies the maintenance and operations tasks to be completed by Carlsbad to ensure integrity of the Coastal Rail Trail throughout Its length. The overall goal of the Plan is to ensure that the trail is operated and maintained in a consistent, efficient and safe manner for trail users without hindering current and future rail operations throughout the trail corridor. 2.0 TRAIL MANAGEMENT The Trail is a shared-use path with segments located on or directly adjacent to an active railroad corridor. This type of trail must be managed, operated, and maintained in a way so as to (a) protect the adjacent railroad infrastructure and operators, (b) minimize costs to the railroad and to the trail managing entity, and (c) maximize the enjoyment and safety of the public. The Management Plan addresses unique considerations that must come into play in operating and managing a rail-with-trail system. Each city is responsible for maintenance of the trail corridor within their city limits. This Plan identifies a management strategy that includes maintenance and operating standards that may be exceeded by existing and future local practices. This Plan identifies procedures and responsibilities along with recommended best practices. Each city shall identify a Trail Coordinator within their organization that shall be responsible for trail needs and activities. The Trail Coordinators shall conduct regularly scheduled meetings with the other local agencies to discuss items of mutual interest or concern. 2.1 TRAIL MANAGEMENT RESPONSIBILITIES The following list represents the major Trail Management tasks: • Coordinate future development of the trail (Engineering, Planning, Recreation) • Coordinate, implement, and amend as necessary trail maintenance activities (Parks) • Coordinate, implement, and amend as necessary trail operations activities (Parks, Recreation) • Obtain bids and manage contracts for maintenance and operations activities (Parks) • Monitor security/safety of the trail through routine inspections and coordinate with the Police Departments Community Services Officers, coordinate law enforcement activities and coordination with local fire, police departments, and NCTD regarding emergency response activities along the trail (Parks, Police) • Maintain trail easements and other agreements where applicable (Parks, Recreation, Engineering) • Establish consistency in the trail user regulations with other agencies (Recreation) • Manage and respond to issues and incidents within their own jurisdictions (Recreation) • Assist in coordination of a public art program (Recreation) • Respond to the issues and concerns raised by trail users (Recreation, Parks) • Coordination with NCTD regarding operational issues related to rail service and ongoing maintenance; e.g. Incorporate NCTD safety training requirements into existing public works safety training program (Parks) • Coordination, including and not limited to review, comment, and monitoring with property development adjacent to the trail (Parks, Planning, Recreation) • Coordination with various easement holders to ensure adequate access and maintenance of utilities either adjacent to the trail or under the trail (Parks, Engineering) 3.0 TRAIL MAINTENANCE Proper maintenance of the trail is of utmost importance for the productive use of the facility and the protection of the financial investment each community has made in the trail. Each city shall be responsible for maintenance ofthe following: pavement, signs and striping, fencing and barriers, trailheads and support facilities, structures, lighting, drainage systems, landscape and Irrigation. All requests for maintenance and repairs outside of routine maintenance activities will be handled through the City Work Order process. Request for work order shall be completed and entered into the system. 3.1 GRAFFITI, HARDSCAPE, AND SITE FURNISHINGS Graffiti The best deterrent to graffiti is immediate removal. If graffiti Is removed within 24 hours of its first appearance, it is unlikely to be painted. Graffiti should be reported to Streets Maintenance. Minor occurrences can be removed with a cloth and graffiti removal product such as "Goof-Off". Care should be taken not to also remove the underlying paint, if any. Graffiti should not be painted over without prior City approval. Graffiti coatings can be instrumental in combating graffiti. There are two types of graffiti coatings: permanent and sacrificial. Permanent coatings seal the undersuri'ace and make it impervious to paint, tar, markers, etc. These coatings have gone out of favor because graffiti removal involves the use of solvents and Intensive scrubbing. Sacrificial coatings are Intended to be removed along with the graffiti. Some of these products have a waxy, polymer base that is removed with a hot water pressure sprayer. After cleaning graffiti in this manner, the coating needs to be immediately replaced In orderto be effective. Hardscape Hardscape elements include asphalt access roads, bike trails, and pathways, concrete walkways, stamped concrete, decomposed granite and other "softer" paving materials, as well as boulders, cobble, and walls. Asphalt suri^aces need to be monitored for excessive cracking. These areas should be reported to the City for repair. Visual Inspection of pavement joints for vertical or horizontal separation or potholes shall be conducted weekly Dirt, rock, mulch, and other dry materials should be swept from the path or road surfaces. Due to environmental and/or noise concerns, gas powered blowers or water should not be used for surface cleaning. Walls, cobble, boulders, and concrete surfaces should be monitored for graffiti and damage on a regular basis. Any area that appears to be unsafe should be Immediately barricaded until it can be repaired. Benches Benches and trash receptacles should be monitored weekly for foreign substances, such as gum, bird droppings, graffiti, etc. These items should be cleaned immediately. Each should be monitored on a weekly basis for safety concerns such as structural failure or sharp edges. Should the safety of any site amenity be in question, the item should be immediately removed or barricaded. Drinking Fountains Drinking fountains have numerous bearings and other moving parts that break down or become "stuck". Drinking fountains run the risk of leaking or running excessively causing water waste, slippery surfaces, and a general nuisance. Drinking fountains are typically located in trailhead areas, rest stops, and small park/plaza settings. These areas should already be receiving a high level of hardscape, imgation and litter control inspection. Daily, drinking fountains should be checked for leaks, excessive run off, and to ensure that they are functioning correctly and the water pressure is appropriate for use. Each drinking fountain should be turned on and visually checked. If the fountain is not working properly, it should be shut off at the water source until it can be repaired. Drinking fountains should be repaired within one week of determination that there is a problem. Signage, Striping and Public Art on Class I Bikepath Some of the public areas include signage, decorative fencing, or public art. In addition to graffiti that has already been discussed, etching or carving can damage site amenities and public art. Many of the signs are covered with a heavy plastic such as Lexan. Periodically, this covering needs to be replaced when it becomes too scratched to be able to read the exhibit. The plastic coverings are affixed with fasteners that can be removed and replaced. Care should be taken in removing graffiti or other damage from pieces of public art and signage. Work of this type should be approved by the City prior to the start of such cleanup efforts. 3.2 SIGNS AND STRIPING ON CLASS II AND III BIKE LANE Signage, striping, and other pavement markings shall be maintained via periodic inspection of the pathway. Inspection should occur annually. Each city shall be responsible for the Inspection, repair, or replacement of signage and pavement markings for their respective portions of the trail. See Table 2 Signage and Markings (section 4.5.1). 3.3 FENCING AND BARRIER Each city along the Coastal Rail Trail shall be responsible for maintaining fences and ban-iers along the trail. Where located closer than 25 feet from the tracks, the fencing shall include solid baffling material to lower the impacts of wind and thrown debris. Gates shall be installed feet-locked, and keyed for NCTD use, utility maintenance use and emergency access only. Each city shall be responsible for replacing vandalized fences immediately. Fencing shall be well maintained and all holes repaired within a reasonable time frame by City as directed by each City's Trail Coordinator. In areas where there is a history of usage and trespassing across the tracks, a high security type of fencing shall be installed. This may include hardened steel, wrought iron or concrete block. 3.4 MULCH AND PEST MANAGEMENT MULCH Mulch should be used In all planting areas to allow the soil to retain its moisture, reduce competition for weeds, and maintain a tidy appearance. Mulch should consist of recycled chippings from an approved source that do not contain Pine, Eucalyptus, trash, or debris. If recycled materials are not available, a premium grade shredded cedar bark can be used. Mulch can be delivered to the site In a bulk form or be purchased in 3 cubic yard bags. All planting areas should receive a 3" depth layer of mulch. Slopes can be mulched; however, large particles (2" on up) will need to be used so that It is not blown on windy days. A typical mulch size for all areas is a blend of 2" to 4" particles. Chippings from annual tree pruning can be used as a good source of mulch. Diseased or insect infested trees should not be used as mulch. Mulch should be replenished in all planter beds not less than every two years. PEST MANAGEMENT Landscape pests are typically classified as either vertebrate (having a backbone) or invertebrate (usually insects). Some, like squirrels and rabbits, may be considered attractive or appealing in the landscape. Nevertheless, their damage can be a problem. Slope areas heavily infested with ground squirrels and/or meadow mice can be undemiined, loose their integrity, and be subject to slope failure. Ground Squirrels Ground squirrels are a burrowing animal that seems to inhabit slopes and rocky areas. Areas that have fruit or nut trees are a preferred habitat. They dig underground burrows that may be fairly large causing holes and dirt mounds. Squirrel control is conducted mainly by introducing a small feeder often built from 4" PVC pipe. The feeder is filled with a product containing an anticoagulant that over time causes the demise of the squirrels. While these chemicals are not restricted, squirrel control should be conducted only with City approval by a licensed (Qualified Applicator's Certificate) professional. Gophers Gopher damage is readily seen, especially in turf areas. A small circle (3" in diameter) is located in an area. Usually, there is associated mounding after extended use. The circle may be open or be filled in with what appears to be a granular pile of soil. Gophers are solitary creatures, so even though there may be numerous gopher mounds in an area, they are most likely from the same gopher. One gopher may occupy a 50-foot radius. Gophers can cause extensive damage to groundcovers and grasses. They can also girdle shrubs and trees, killing them. Gopher control (other than trapping) is primarily through the use of gopher bits. The most effective gopher bait is Fumitoxin, a restricted chemical, and must be used under the guidance of a Pest Control Advisor by a certified technician. Rabbits It is important when conducting a control program for rabbits to understand that many people find rabbits to be a welcome addition to the natural environment and are opposed to rabbit control programs. Rabbit control should be conducted by a professional pest control service with extensive experience in rabbit abatement. Meadow Mice (Voles) In many parts of the urban environment, especially as it Interfaces with large open areas, a habitat has been created that promotes that insurgence of meadow mice. These rodents do not climb and are not usually found In or near dwellings, as they prefer open fields and rolling hills. Areas with dense, irrigated herbaceous groundcovers are particularty attractive to these small rodents. Meadow mice create small burrows that are not very deep, but they also cut trails through vegetation that can over time become unsightly. Habitat modification can be very effective in reducing the number of meadow mice to a manageable level. Replacing lush, herbaceous groundcovers with drought tolerant, woody groundcovers can be an effective step in population reduction. Chemical deterrents include using the same feeders that are placed for squirrel control. They are not very effective, though, because with an abundant, preferred food supply there is not compelling reason to use the feeders. A more effective control method is to "salt" all the bun-ow entries with a palatable, but effective bait. This is time consuming and may leave residual granules that are also harmful to other desired animals. Rats and House Mice Rats and mice are not typically considered a landscape problem, as they prefer the environment of and around habitable structures. Vegetation thinning, litter removal, and removal of wood scraps or debris that might create a habitat for them is usually sufficient to reducing their populations to manageable numbers. Invertebrate Pests There are numerous chewing, boring, and sucking insect pests that inhabit a landscape. It is only when the populations become out of balance that these creatures become a problem. The use of chemicals for the reduction of insect populations may reduce the pest for a time, but may not create a balance that is sustainable and may reduce or eliminate populations of beneficial insects, causing more harm than good in the long run. When an insect infestation is suspected and causing a problem, it is important to get an evaluation for a licensed Pest Control Advisor to prescribe a program of treatment. Integrated Pest Management (IPM) is an effective method of pest management. IPM looks at the landscape as a holistic system and looks to find methods to balance that system rather than treat only one aspect of It. Some pests of concern are borers that are infecting Oaks and Eucalyptus (different species) and also the Oleander blight. Oleander Blight may become a concern. Research Indicates that the blight is a virus spread by insects. It also appears that the virus is spread through the use of pnjning equipment that has not been cleaned with bleach between uses. It is not recommended that Oleanders continue to be planted, as there is not a method of treatment for the blight at this time. Exisfing Oleanders should be carefully maintained so as not to spread the disease. African Honey Bees (from UCSD) Africanized bees are much more aggressive in defending their hives than are European bees. When an Africanized bee stings, it marks it's victim with a chemical marker that attracts other bees from the hive. Thus, if one threatens a hive of Africanized bees one can expect to be pursued by thousands of bees. These bees have been known to pursue people for long distances. It does not take much to make an Africanized bee feel threatened. Approaching too close to the hive or operating machinery that transmits vibration to the hive will provoke an attack. Africanized bees move their hives and produce new hives more frequently than do European bees, and they will start a hive in unusual sites: a park bench, a culvert, an Irrigation valve box, under a truck. A swarm of thousands of bees can start a hive in a new location in minutes. The best defense against Africanized bees is caution. Be alert for signs that a hive has been started in your area. Increased bee activity may be a sign that there is a hive nearby. Seal all areas into your home that may be small enough for bees to enter. Place a bee screen over your chimney and make sure all attic vents are covered with wire mesh small enough to exclude bees. If you work with heavy equipment remember that the equipment's vibration may provoke an attack. If attacked, cover your face with your arms and run away from the hive or away from the direction from which the bees are attacking. The bees do not fly fast and most people can outrun them. If you were working with heavy machinery and the cabin of the vehicle is sealed then stay inside and drive out of the area. Don't drive toward unprotected co-workers. If the vehicle is unsealed, turn off the vehicle and run for indoor shelter. A car will also provide good shelter. Put the air conditioner in the car on high as cold air will slow the bees that will have pursued you into the car. Ifyou see someone being attacked call 911. Direct the vicfim toward shelter, but don't approach them. Running into a swarm of Africanized bees is as dangerous as running into a burning building. Anyone who suffered a large number of stings needs to be seen by a physician immediately. Anyone who has 50 or more stings should receive treatment in an emergency room, as must anyone with severe symptoms such as difficulty breathing or loss of consciousness. It is advisable to wear a bee suit when eradicating bees. Currently, the most effective pesticide Is Wasp Freeze. DOs: DO remove the stinger if present. Scrape it out with a credit card or finger nail. DO wash stings with soap and water. DO apply an ice pack for five to fifteen minutes. Be careful not to freeze the skin. DO telephone 911 to summon paramedics if the victim Is having an allergic reaction and use a bee sfing kit as prescribed. DO treat swelling by elevating the swollen body part above the heart. DO NOTs: DO NOT squeeze the sfing, or rub mud Into It. This increases the risk of infection. DO NOT apply meat tenderizer or baking soda. These don't help and can actually cause problems. DO NOT administer electrical shocks or drugs not prescribed for the patient. GREEN WASTE MANAGEMENT Green waste refers to the trimmings, clippings, and cuttings of landscape plants. Because the landscape areas within the Coastal Rail Trail limits are dependant on mulch to reduce weeds and promote water retention, it Is necessary to look for available sources of mulch. Residual material from annual and occasional tree pruning should be utilized on site whenever possible. Material that cannot be reused on site and other green waste that is not suitable for mulch should either be stockpiled for use as compost or removed to an approved green waste facility. 3.5 BRIDGE STRUCTURES Bridge structures shall be inspected annually in conjunction with the Trail Coordinator's overall review ofthe trail conditions. Each city shall be responsible for maintaining the various crossing structures within their city limits. It is recommended that a written standard bridge maintenance report be utilized to document the condition of the structures and to express any maintenance concerns or issues. Concrete structures shall require a minimal level of routine maintenance. Maintenance issues such as graffiti removal and trash disposal are covered elsewhere in the Trail Management Plan. Timber structures shall periodically require maintenance. Bridges with timber decking or asphalt concrete wearing surfaces will experience wear and shall be evaluated by the Trail Coordinator or local agencies as to the need for rehabilitation. It is anticipated that timber decks could require rehabilitation at 10 to 15 year intervals although justification for such should be made on a case-by- case basis. Life spans of timber decks and other timber bridge components may be extended by the periodic application of wood preservative or sealer. Application of such materials shall be limited to exposed surfaces. Stress- laminated timber decks should be checked every two years for stress levels In the Pre-stressing rods as preventative maintenance. 10 Due to variations in moisture levels and compressive creep, stress levels can decrease and re-stressing may be required. Although the need for re-stressing is not anticipated, it should be monitored. It is recommended that stress levels not be allowed to fall below 40% of Initial values. A hollow core jack shall be required to check or re-stress the pre-stressing rods. Agencies may either purchase a jack or enter Into a maintenance agreement with a qualified contractor. 3.6 LIGHTING Lighfing shall be maintained via weekly inspection of the pathway when located adjacent to or within NCTD right of way. When the trail is located on City street, lighting maintenance and inspection shall continue to be perfonned by City of Carlsbad Street Department. Each city shall be responsible for the inspection and repair of lighting for their respective portions of the trail. 3.7 DRAINAGE SYSTEMS Drainage systems shall be maintained via periodic inspection of drainage facilities at the beginning and end of each rainy season and after each event. Each city shall be responsible for the inspection and repair of drainage systems for their respective portions of the trail. Drainage shall not result in any debris or water being washed into lagoons. Drainage shall also be guided by the Stormwater Pollution Prevention Plan. 3.8 WEED MANAGEMENT Weeds A weed is considered to be any plant growing where it is not desired. The following are plants considered to be typical landscape weeds: Thistles. Sow Thistle, Dandelion, Mustard, Castorbean, Filaree, Mallow. Clover, Grasses (Bermuda, Quackgrass, Nutsedge, and Crab Grass), Palm, and Eucalyptus. Weed Control Methods It is the City's desire that no weeds be allowed to grow beyond a height of 4". This would indicate that weeds should be removed not less than every two weeks during the height ofthe growing season. 11 The most effective and the most labor intensive method of weed control is to pull all weeds by hand. Usually, weeds are allowed to grow to a size of at least 2" so that there is enough area to grab hold of. Over time, properiy hand weeded landscapes will have reduced weed infestation because they are not allowed to go to seed. If weeds are left to go to seed, however, hand weeding can become unmanageable. Hoeing of weeds is effective as a deterrent to weed growth when the weeds are cut as seedlings (less than 2"). Larger weeds may be able to regenerate from the cut roots, making this method less desirable for their eradication. Chemical treatment for weed reduction may be less desirable from an ecological standpoint, as any time chemicals are added to planfing areas, there is a change in the chemical balance. Also, overuse or misuse of chemicals can cause point source pollution of aquifers and storm runoff systems. Permission from the City needs to be obtained prior to the use of chemicals for weed eradication. Chemical options for weed control include pre-emergents, post- emergents, and non-selective herbicides. Pre-emergents are applied to weed-free areas creating a barrier in the soil to inhibit the germination of new seedlings. Pre-emergents should not be used in areas where wildflowers or other annual herbaceous plants are desired. Pre-emergents include brands such as Ronstar (granular) and Surilan (liquid). Post-emergents are applied to weeds after germination. Poast (for grasses) and Trimec (for broadleaf weeds) are brands of post-emergent weed controls. Non-selective herbicides such as Round-Up and Finale kill all plants and should be used with care because they will kill or damage desired plants as well as weeds. Non-Selective herbicides can be used In a process called "wicking" to selectively kill weeds while maintaining adjacent ornamental plants. The herbicide is painted or sponged onto the weed only, rather than spraying a large area. The herbicide is then taken up into the plant or "wicked". This process, when completed successfully, will kill the weed. All manufacturer's recommendations for proper use and application should be followed at all fimes. Restricted chemicals may only be applied by a licensed professional (Qualified Applicator's Certificate) under the advice of a licensed Pest Control Advisor. 12 High Level of Weed Control In areas of high use, it is important to keep areas weed free. Weeds should be monitored weekly and removed no less than every two weeks. Use of chemicals for weed control and suppression needs to be approved by the City. Medium Level of Weed Control Areas which use a combination of hand pulling and weed whipping can be considered medium level of weed control areas. These areas may have some planter beds which need to be hand weeded and also areas of Yarrow and mustard that need to be weed whipped. Low Level of Weed Control Wildflower areas and large slope plantings with woody groundcovers need only seasonal and occasional weed control. These areas are to be weed whipped at least twice per year, once in the spring and then again in the fall for weed control. These areas may need additional treatment to keep weeds from becoming a problem. 3.9 Plant Maintenance Plant Palette Refer to Appendix B for detailed Information regarding approved plant materials. ARBORICULTURE Maintenance of the trees is an important aspect of landscape care. Whether the area is monitored on a weekly or monthly basis, at each visit, the trees should be examined for potential problems. Tree Hazard Evaluation Any tree that poses a concern to public safety should be immediately barricaded and evaluated by a Certified Arborist. Issues of immediate concern would be trees or branches that are leaning or broken that may fall onto an area of pedestrian or vehicular activity. Tree Selection The following are guidelines for selecting trees to augment or replace existing tree stock. 13 Trees should be healthy with no obvious signs of disease, insects, or physical damage. The trees should be well-rooted in their containers and moist. At no time should trees be allowed to dry out prior to or during planting. Trees with a broad-leaved, rounded crown (decurrent) trees should have a single, straight main trunk and should not have been topped or pruned in a way to encourage a second main trunk. The branching should be evenly balanced around the trunk. There should be no included bark (bark embedded between the trunk and a lateral branch). There should be at least 12" of growth from the previous season for smaller growing trees and at least 18" of new growth for trees that will ultimately be large trees. More growth is preferable. Trees should be able to stand upright when the nursery stake is removed. Trees should be rejected that touch the top of the planfing container when unfied from the nursery stake. It Is preferable to have smaller temporary branches (less than V of the diameter of the trunk) below the main scaffold branches. These should not be removed during planfing. Broad-leafed or coniferous, central trunked (excurrent) trees should have a single, straight trunk with no double leaders (codominant stems). The trees should not have been pruned to encourage second trunk. The branches, again should be evenly distributed around the main trunk. Do not plant evergreen, coniferous trees that have been topped or othenwise obviously pruned. All trees should be attractive and should not have been pruned or need to be pruned more than 25% of the total canopy of the tree for it to be attractive and well balanced. Check the planting container to ensure that there are no visible roots showing above the soil. The planting pot should not have had the soil removed from the initial soil level nor should the tree tnjnk have been buried deeper than it was originally grown. Trees should be rooted in the container, but should not have been left in the container so long that the roots completely fill the container. Roots should not be circling the tree or kinked within the container. The tree may be acceptable If the circling roots are not too large and can be straightened out during planfing. Trees should be of sufficient height and caliper for the container size and plant type specified. Typically, 15-gallon trees should be 6'-8' in height, 24" box trees should be 8'-10' in height, and 36" box trees should be 10'-12' in height. These sizes are guidelines only, as slower growing trees can differ greatly from larger trees. Fifteen-gallon trees (and larger) should be staked or guy wired according to the tree staking details within this manual. 14 Tree Pruning The following information is based on the Internafional Society of Arboriculture standards. Pruning to remove dead. weak, or diseased branches can be done at any time of the year. Branches should be cut back to the main trunk at the branch collar (thickened area adjacent to the trunk) or back to a branch lateral (the edge of a large branch). Do not cut branches flush to the trunk or leave stubs. Crown cleaning, thinning, or raising is best left to professionals. A Certifled Arborist should be consulted prior to any tree work being done. Under no circumstances should more than 25% of a tree be pruned in one season. Trees should not be pruned at time of planfing. Wound dressing are no longer believed to prevent insects or disease and are not recommended for use. The best time to prune trees is when they are dormant, typically in the wintertime after leaf drop, but before the first leaf budding In spring. However, safety pruning should be done as needed and is not dependant upon the season. The least desirable fime to prune Is in the springfime after the spring growth flush. Several species, including Eucalyptus and Oaks are susceptible to Insects and disease that are readily spread during certain times of the year. These trees should only be pruned between October and March when conditions are correct. Tree Replacement Trees that are diseased or damaged should be replaced as soon as possible. Ideally, trees should be replaced with a tree of equal size. Should this not be possible, a fifteen-gallon tree should be the minimum size planted. Planfing In the fall Is the most favorable for root establishment; however, a container plant can be safely planted most any time of the year. Trees as well as other landscape plants would not be installed during unusual or extreme conditions such as at a fime when frost is eminent or when the soils are overly saturated. Trees should not be pruned at the time of planfing. 15 Pruning Schedule Unless there are broken branches, trees should not be pruned for the first season after planting. For the flrst flve years (approximately), young trees should be inspected during the area's regular maintenance inspection for broken branches or safety concerns. Annually, these young trees should be inspected and pruned to correct defects such as poor structure, crossing branches, suckers and weak branches. The temporary branches under the structural scaffold branches can be removed anytime after the flrst year or left for an additional year or two depending on the species. These branches encourage truck girth and strengthen the tree for its lifetime. These temporary branches should not be left too long that they grow of a size that will leave a large scar (1"-2") when removed. As soon as these branches become a hazard to pedestrians, they should be removed. Diseased branches should be removed and the trees should be carefully monitored to watch for decline. Should the tree confinue to exhibit signs of disease, it should be removed and disposed of in an appropriate manner. Trees with insect infestation should be completely removed from the site and chipped for disposal. Wood that is cut and suitable for firewood should be covered in plastic for a minimum of six months to ensure that the insects have not been allowed to escape and infest other trees. When trees are removed, the stumps should be removed and grinded to 12" below the finish surface. Chippings from grinded stumps should be removed and replaced with clean top soil. After the Initial five years of planfing. trees need less pruning. Trees should not be pruned unless there is a compelling reason such as rubbing branches, weak branches, or branches that interfere with pedestrian safety or block safety lighting. It is typical to place trees on a three year pruning cycle; however, many trees will not need more than occasional pruning to reduce structural problems and breakage. The trees along the LA River are intended to appear as natural as possible. Pruning should be minimal. Tree clearance should be seven feet in pedestrian areas and 14 feet for vehicular areas ensuring vertical clearance within ADA guidelines and adequate headroom and for safety. 16 Tree Staking All newly planted trees should be staked in accordance with the tree staking detail provided in this manual. Tree stakes should be checked during each maintenance inspecfion. Loose fies should be repaired. Each spring, after the windy season, tree fies should be examined and removed, if possible. Tree stakes should be removed by the third year after planfing unless the tree Is not able to support itself. Tree ties should be loosened, as needed during the year to prevent the fie from being embedded in the bark and damaging the tree. SHRUB, GROUNDCOVER, AND VINE MAINTENANCE Shrub Management As with trees, all shrubs should be allowed to grow in as natural a state as possible. Shrubs should not be hedged, balled, or sheered, but rather, "selective" pruning techniques should be utilized. Selective pruning entails cutting branches back to the main stem or large branch rather than trimming the ends of a branch and leaving a stub. No more than 30% of a shrub should be trimmed out in a growing season. Shrubs may be cut back more severely when adjacent to roads, walkways, or driveways or where they may obscure visibility for safety purposes. A shrub that has grown too large for the area in which it was planted should be replaced with a shrub of like character that will not grow as large. Shrubs should be pruned at any fime of the year to remove dead plants, broken branches, repair damage, or remove an obstruction. General maintenance including thinning should be conducted in the early fall (typically September/October) and after the first growth has hardened off (typically March/April). Dead shrubs should be replaced upon removal. It should be anficipated that up to 10% of a landscape may need to be replaced each year due to pests, irrigation problems, and natural attrifion. This ongoing plant replacement and upgrading should be considered a natural part of the maintenance of an area. 17 Shrubs should be planted in accordance with the planfing details In this manual. It is imperative that plants are not allowed to dry out prior to or after planting. Even native shrubs that use less water need to have an adequate and consistent water supply during establishment. Shrubs should be watered daily for at least the flrst week, especially in hot weather. Dally watering may need to be extended based on the plant species and fime of year. Regular watering should confinue on at least a weekly basis unfil established (30 days or more). After the shrubs are established, they can be placed on the regular, seasonal watering schedule. Woody Groundcover Management Woody groundcovers should be maintained similariy to shrubs as described above. Woody groundcovers do not need to be pruned unless they encroach upon roads, walkways, or driveways. Should the ground covers become overiy dense, it may be necessary to remove some of the initial planting to allow the remaining plants to grow and spread. Groundcovers that become unattractively thick should be replaced over fime. Refer to planfing details for appropriate planfing techniques and the proper groundcover spacing method. Herbaceous Groundcover and Wildflower Management It Is important that herbaceous groundcovers and wildflowers be able to reseed themselves annually. These areas should not be cut after the flowers have set seed in the spring. This usually occurs between March and May. Wildflower areas should then be weed whipped to a height of 4" between May 1 and June 30 each year. Weeds that flower during the growing season should be hand cleared prior to weed whipping so that they do not spread and become a problem. After the initial weed whipping in May, the areas should be weed whipped, as needed, on a periodic basis throughout the year to discourage weed growth. Cuttings should be removed from the site after weed whipping; however, seed pods of desired plants may be left to encourage the next season's growth. Chemical eradication should not be used in wildflower areas. Depending on the mix of wildflowers used, it may be necessary to augment existing areas, expand areas or overseed new areas. Acceptable wildflower seed mixes will be approved by the City. After soil preparation, the areas to be seeded should be brought to a flnish grade. The soil should be free from rocks, sticks, debris, clumps, clods, or anything that will impede the germination of the seed or leave less than a smooth and even surface for the hydroseed. The finished surface should be approximately Vi inch below the surface of all walks, curbs and paved areas without abrupt grade changes. Seed mixes can be spread by hand or hydroseeded. Hand seeding can be done with or without a "topper" of topsoil. A light sprinkling of topsoil helps to hold the seeds in place and reduces the amount of seed eaten by birds. All areas to be hydroseeded should be irrigated to provide a moist seed bed. The areas should receive several consecutive watering cycles the day of the hydroseeding, in order to thoroughly saturate the soil without puddling or ponding. Hydraulic equipment used for the application of slurry should have a built- in agitation system with an operating capacity sufficient to agitate, suspend and mix enough to prevent stoppage and to provide an even distribution of slurry. The pump should have a minimum pressure of 150 psi and sufficient addifional pressure to ensure adequate coverage. Nozzles and hoses should be of sufficient size and length to provide uniform coverage without waste. All equipment needs to be clean and free of seed species that are not shown on the plans. When seeding in small areas, slurry can be mixed and spread by hand. tt is important to spray with a uniform, visible coat by using the green color of the wood pulp as a guide. Due to prevailing afternoon winds, spraying should be done In the morning on non-windy days. Any slurry mixture that has not been applied to the areas within four hours after mixing should be removed and disposed of in a lawful manner. It is important to maintain the area with proper irrigation to ensure germination, especially when using more ornamental, herbaceous groundcovers such as Gazanias. At no fime. should the new seeds be allowed to dry out until they are completely germinated and have begun to grow stronger. Areas which do not germinate will need to be reseeded. Wildfiower seeds can be broadcast through an area in the fall and left to germinate with the natural rainfall, if so desired, and do not need to have extra or continued irrigation. 19 Grass, Sedge, and Yarrow Management Ornamental grasses, native grasses, and sedges should be cut back once per year in the fall to remove excess growth, dead flowers, or other unattractive growth. This encourages new growth in the spring. September or October are appropriate for this type of cleanup, after the heat of summer, but prior to the winter rains. Vine Management Each September, all vines should be trimmed so that they hang no more than two feet below the top of any wall or parapet. Vines that are self- adhering should be monitored on a monthly basis to ensure that they are afflxing themselves to the walls and not growing on the ground or othenwise falling over. Epoxy vine supports should be used to adhere all other vines to the desired wall surface. See the vine planfing/attachment detail in this manual. 3.10 LITTER CONTROL All trash, debris, and other unsightly material should be removed from the trail system on a regular basis. As irrigafion should be checked on a weekly basis, so should each site be monitored for excessive litter. Litter problems should be corrected as soon as they are noticed whether it is during the fime regularly scheduled for litter removal or not. High Level of Litter Control Trash receptacles should be checked every week and should be emptied no less than every two weeks. All other debris should be removed at this fime. Pathways, bike trails, and access roads should be cleared of rocks, branches, or any other debris. 20 3.11 MAINTENANCE SCHEDULES The following list represents a minimum standard for trail maintenance pracfices. TABLE 1: TRAIL MAINTENANCE ACTIVITIES AND FREQUENCIES Item Estimated Frequency Shoulder and grass mowing Weekly Remove fallen trees Immediate Tree, Shrub, & grass 5 months-1 year trimming/fertilization 5 months-1 year Planting Irrigation (sufficient/Insufficient) weekly Mulch Check weekly replenish every two years Weed control Monthly - as needed Maintain Irrigation lines/replace Check weekly, replace, adjust as sprinklers needed Bollard replacement As needed Trash disposal As needed Graffiti removal Immediately upon report of problem Public art As needed Fountain repair Weekly or monthly as needed Benches Pothole filling As needed Pavement sealing/repaving 3-5 years - as needed Pavement sweeping Monthly - as needed Sign replacement/repair As needed Repaint Pavement markings 1 -3 years Fence/Barrier repair and replacement Immediate Clean drainage system 1 year Lighfing replacement/repair Immediate Maintain emergency telephones As needed Many of these maintenance items are dependent on the type and amount of landscaping and supporting infrastructure that is developed along the trail. The Trail Coordinator shall coordinate maintenance activifies so as to minimize impacts to trail users and to maximize cost efficiencies. Each city has developed and shall be accountable for a mechanism to identify, record, and respond to maintenance problems, and to keep written records of such actions. Checklists are attached in the appendix. Typical maintenance vehicles for the trail shall be light pickup trucks and occasionally heavy dump trucks and tractors. Care shall be taken when operating heavier equipment on the trail to warn users and to avoid breaking the edge ofthe trail surface. 21 4.0 TRAIL OPERATIONS Each city shall be responsible for the activifies involved in operafing the trail within its jurisdiction. This includes developing and enforcing trail use regulations, scheduling, coordinafing and funding maintenance activifies, security and public safety, emergency response activities and coordination and planning. 4.1 TRAIL USE REGULATIONS The purpose of trail regulations is to promote user safety and enhance the enjoyment of the trail by all users. The trail shall include posted trail use regulations at trailheads and other key access points. Trail maps and informafional materials shall be provided. Establishing that the trail facility is a regulated trafflc environment like other public rights-of-way is critical for compliance and often results in a facility requiring minimal enforcement. An agency shall post penalties for violators. The Trail Coordinator shall review proposed trail regulations with city legal counsel for consistency with exisfing ordinances and enforceability. In some locales, it may be necessary to pass additional ordinances to implement trail regulations. This shall be done prior to the opening of the Trail for public use. Code requirements shall also be identified. Below are the trail regulations to be adopted and enforced by all four local agencies: Hours of use (no restriction) Motor vehicles, other than power assisted wheelchairs, are prohibited Keep to the right except when passing Yield to on-coming traffic when passing Bicycles always yield to pedestrians Bicycles to yield to maintenance vehicles Give a vocal warning when passing Pets must always be on short leashes of maximum six feet in length Pet owners shall be responsible for the cleanup of their animals on the Trail Travel no more than two abreast Alcoholic beverages are not permitted on the trail Do not wander off ofthe trail onto adjacent properties Do not stand in middle ofthe trail when stopped 20 mph speed limit 22 • No excessive noise • No equestrian uses • No diving, jumping, or fishing from bridges • 4.2 MAINTENANCE ACTIVITIES • 4.2.1 MAINTENANCE ACTIVITIES-TRAIL The Trail, or sections of the Trail, must be closed from fime to fime during periodic maintenance or construction of the trail or rail facilifies. Trail users shall be managed during these closures. The policy for the procedures that shall be followed prior to the trail closing, including a variety of means to Infomi the public, are listed below: • Each city shall provide at least 48 hours advance notice to trail users and affected agencies on the impacted segments to be closed indicating the duration of the closure where advanced notice does not present a safety hazard. Each city shall also keep the public, NCTD. and the other three cities informed and make every effort to keep the closure period as short as possible; • Each city shall physically close off the trail that is being worked on with barriers, and post "Trail Closed" signs with a contact number for information; • Each city shall provide detour signs where trail users can reasonably be detoured to other routes, providing the same general level of comfort, access, and ADA accessibility as the trail. If no reasonable alternate routes are available, the trail should have an "End Trail" sign and provide access to the street and sidewalk system; • The local agency shall not re-open the trail unfil it is in usable condifion. Warning signs shall be posted where re-paving is not complete. • 4.2.2 MAINTENANCE ACTIVITIES - RAIL The trail shall be closed if any heavy equipment is expected to use the trail, or when any maintenance activifies are occurring that could be injurious to the general public. NCTD is responsible for advising the appropriate Trail Coordinator or City Manager promptly in advance of scheduled maintenance so that the city may take the appropriate measures to close the segment of trail. 23 arrange detours, and notify the public. Please refer to the Easement Agreement in the appendix for details about NCTD coordination. 4.2.3 MAINTENANCE ACTIVITIES - OTHER UTILITIES It is important for the Trail Coordinator and staff working with him/her to be aware of other utility infrastructure that may exist along or crossing the Trail corridor. These include such Items as manholes, high-pressure lines, and other pipelines or wire lines. Maintenance vehicles associated with these activifies shall be required to notify the Trail Coordinator when maintenance activifies are necessary. These entifies shall also be responsible for providing construction signage and closures of the Trail, If necessary. The following is a list of ufilities adjacent to or under the Coastal Rail Trail: • Vista Carisbad Interceptor Sewer • Stormdrain • Overhead electric, cable TV and telephone • Underground telephone • Gas 4.3 SECURITY AND SAFETY ON THE TRAIL • Security and public safety are vital components of a successful trail facility. If people don't feel safe using the trail, few people will use it. Adjacent property owners must be confident of their own security, and users need to feel safe recreating adjacent to an active railway. Emergency vehicle access and monitoring by law enforcement are also key issues to be addressed. A summary of key security and safety measures is presented below. • The railroad right-of-way is posted 'No Trespassing' to keep trail users out of railroad restricted areas. Appropriate fencing that discourages scaling by potential trespassers shall be provided. "No Trespassing" signs shall be posted. • All segments of the trail shall be accessible to within 1,500 feet by emergency vehicles. • Each city shall maintain adequate recording and response mechanisms for reported safety and maintenance problems; they shall also research the causes of each reported accident on the trail. The Carisbad Incident Report Form should be filled out and kept in a log book. Respond to 24 accident investigations by appropriate design or operational improvements. The trail mileposts shall be used to identifying markers placed on maps. Each city shall provide NCTD, fire and police departments with a map of the trail system, along with access points and the keys/combinations to gates/bollards. Each city shall enforce the trail regulations and other standard recreational guidelines. 4.3.1 SECURITY ON THE TRAIL Any portion of the trail visible from a city street is expected to be patrolled from police vehicles. Portions of the trail not visible from a roadway should be patrolled intermittently and as experience dictates in the future. Additional man- hours for security are anticipated to be associated with this project, and it is anticipated that bicycle-mounted patrols shall enforce portions of the Trail to be determined at a later date. Each city may wish to consider either professional or volunteer trail patrols on their respective trail segments. The law enforcement agencies in all four jurisdicfions shall be responsible for selecfing the most appropriate means of patrolling the trail. It is a good public relations tool to patrol the trail using bicycle and/or motorcycle-mounted officers, as opposed to using squad cars, which require trail users to get off on the trail shoulder. Volunteers from local organizations, who could provide information to trail users and report problems to the appropriate authorities, may supplement trail patrols. Typically multi-use trails require 1 dedicated man-hour per day for every 5 miles of actively used trail, and 0.5 man-hours per day for every 5 miles of low-use trail segments. This figure is likely to vary seasonally and by day of the week. Below is a summary of key security activifies: • Provide fire and police departments with a map of the trail system, along with access points and keys or combinations to locked gates and or bollards. Contact Information is provided in the Appendix. • Ensure that all segments of the trail are accessible to emergency vehicles to within 1.500 feet. • Locate mileposts every one half mile and identify markers on maps. • Light secluded sections ofthe trail. • Where feasible, trim all vegetation at least 10 feet from the trail to maximize visibility, and to minimize thick undergrowrth. 25 • Maintain bicycle racks and lockers at key destinations that allow for both frame and wheels to be locked. • Enforce speed limits and other rules ofthe road. 4.3.2 SAFETY ON THE TRAIL • In order to manage mulfiple user types with potenfial conflicts, the Trail Coordinator shall be prepared to address user conflicts as they arise, based on patterns of usage and recorded collisions. The Trail Coordinator shall also review complaints and collision reports on an ongoing basis to determine whether there is a pattern of user conflicts that needs to be addressed. The Appendix provides forms for reporting and logging complaints and collisions. Remedial actions may be in the form of signage and enforcement. Remedial actions may include, but not be limited to, the following: • Lowered speed limits in some areas • New or increased frequency of patrols • Education programs aimed at local users, possibly run by volunteers Below is a summary of key safety activities: 1. Adhere to the established design, operation, and maintenance standards presented in this document. 2. Maintain recording and response mechanisms for reported safety (City of Carisbad Incident Report, Appendix J) and maintenance problems (Coastal Rail Trail Inspection Form, Appendix I). 3. Thoroughly research the causes of each reported incident on the Trail. Respond to accident investigations by appropriate design or operation Improvements. 4. Provide mileposts on the trail so that emergency response can be directed. 5. Design the trail, its structures, and access points to be accessible by emergency vehicles. Bollards at the entrance to each trail segment should be removable by the appropriate fire, ambulance, and police agencies. Constrained segments of the trail that cannot accommodate emergency vehicles shall not be longer than 1,500 feet, and identified in advance by the appropriate police, fire, and ambulance services. 6. The Trail Coordinator shall act as a liaison with the railroad operations department to respond to safety concerns. 7. Each city shall provide regular police patrols to the extent needed within their jurisdictional limits. 8. If there are problems with signage along the corridor, a report shall be made to the proper authority within each jurisdiction. 26 4.4 TRAIL EMERGENCY ACCESS The trail shall be operated to ensure that all emergency (police and fire) vehicles have access to the trail. Emergency access for safety, security, or maintenance purposes is based on an established protocol between the NCTD and the fire and police departments for each jurisdiction. The inifial responding party shall notify the other departments as soon as possible. Normally, the local agency shall take primary responsibility for all Incidents on the trail itself, and shall immediately contact NCTD. The local agency shall close the trail segment(s) as needed and post signs with phone numbers of agency to contact for information. If removable bollards are installed all appropriate agencies have the keys for access. 4.5 RISK MANAGEMENT To minimize liability, it is crifical to adhere to established standards in trail design, signage, and maintenance. California Govemment Code Section 831.4 provides for substantial immunity to public agencies that construct and operate trails In accordance with widely accepted standards or guidelines, such as the Caltrans Highway Design l^anual and the AASHTO Guide for the Development of Bicycle Facilities. To minimize liability Include the following: • Post warning signs for known hazards that are not easily identified; • Post trail regulations and provide enforcement in each jurisdicfion; • Keep accurate roufine maintenance records; • Keep the trail maintained to the level defined in the Plan; • Inspect the trail for hazards; • Evaluate and address hazards and maintenance problems reported by trail users with appropriate measures; • Ensure that there are adequate emergency access points to the trail along its entire corridor. Available laws that protect adjacent property owners (including NCTD) shall be ufilized, and the trail shall be designed, constructed, and managed according to established standards, guidelines, and pracfices. 4.5.1 SIGNAGE Initial signage shall be in accordance with the Manual of Uniform Trafflc Control Devices and the Comprehensive Sign Program showing the location, color, material, height, lighfing, etc. Modifications to the Sign Program may be required from fime to time in order to improve the efficiency and safety of sign usage. All amendments shall be updated in the Appendix. 27 Installation of key regulatory signs at regular intervals along the trail shall identify the rules and regulations applicable for the rail and trail corridor. Rules and regulations from NCTD shall be included with each city's regulafions and consistent throughout the length of the corridor. Signs shall be enforced by routine law enforcement patrol. In general, all signs should be located 3 to 4 feet from the edge of the paved surface, have a minimum vertical clearance of 8.5 feet when located above the trail surface and be a minimum of 4 feet above the trail surface when located on the side of the Trail. All signs should be oriented so as not to confuse trail users. The designs (though not necessarily the size) of signs and markings should be the same as used for motor vehicles. The following list summarizes the signing and striping program for the Coastal Rail Trail. TABLE 2: SIGNAGE AND MARKINGS Item Location MUTCD Designati on No Motor Vehicles Entrances to trail R5-3 Use Pedestrian Signal/ Yield to Pedestrians At crosswalks; where sidewalks are being used R9-5 R9-6 Bike Lane Ahead: Right Lane Bikes Only At beginning of bike lanes R3-16 R3-17 STOP, YIELD At trail intersections with roads and Coastal Rail Trail R1-1 R1-2 Bicycle Crossing For motorists at trail crossings W11-1 Hazardous Condition During construction or emergency conditions, when appropriate n/a Turns and Curves At turns and curves which exceed 15 to 20 mph design specifications W1-1, W1- 2 W1-3, W1- 4 Trail Intersections At trail Intersections where no STOP or YIELD required, or sight lines limited W1-1,2 W1-4,5 W1-6 STOP Ahead Where STOP sign is obscured W3-1a Signal Ahead Where signal is obscured W3-3 28 Bikeway Narrows Where bikeway width narrows or is below 8' W5-4 Downgrade Where sustained bikeway gradient is above 5% W7-5 Pedestrian Crossing Where pedestrian walkway crosses trail W11-2 Restricted Vertical Clearance Where vertical clearance is less than 8'6" W12-2 Railroad Crossing Where trail crosses railway tracks at grade W10-1 Direcfional Signs (i.e. Parks, Downtown, Schools, etc. At Intersections where access to major desfinations is available D1-1b(r/l) D1-1 Right Lane Must Turn Right; Begin Right Turn Here, Yield to Bikes Where bike lanes end before intersection R3-7 R4-4 Coastal Rail Trail Trail logo: at all trail entrances, major intersections, major access points n/a Trail Regulations All trail entrances n/a Multi-purpose Trail: Bikes Yield to Pedestrians All trail entrances n/a Bikes Reduce Speed & Call Out Before Passing Every 2,000 feet n/a Please Stay On Trail environmentally-sensitive areas n/a Caution: Storm Damaged Trail damaged locations n/a Trail Closed: No Entry Unfil Made Accessible & Safe for Public Use w/ contact phone number Where trail or access points closed due to hazardous conditions n/a Speed Limit Signs Near trail entrances: where speed limits should be reduced from 15 to 20 mph Based on local ordinance n/a No Trespassing on Railroad Property $150 Penalty Every 2,000 feet n/a Milepost Every 0.50 miles n/a 29 Pavement markings can be derived directly from the Caltrans Highway Design Manual (Chapter 1000) and the Manual of Uniform Trafflc Control Devices (MUTCD). 4.6 COORDINATION AND PLANNING 4.6.1 COORDINATION -PRIVATE The Trail Coordinator is responsible to ensure that adjacent property owners know how to reach the proper authority, and provide them with contact phone numbers for the persons responsible for roufine trail maintenance within each city. Adjacent property owners shall also be informed of any changes in trail operations and any major trail rehabilitation or expansion projects. 4.6.2 COORDINATION -TRAIL USERS The Trail Coordinator for each city shall ufilize a generic "spot improvement" card that shall be made available at trailheads, bicycle shops, and other locafions as appropriate. This makes it convenient for trail users to describe, in wrifing, problems they've encountered and mail them directly to the Trail Coordinator. An example of a "spot improvement" card is presented in the Appendix H. 4.6.3 COORDINATION - NCTD Routine railroad activifies are expected to include daily Inspections, signal maintenance, tie replacement, rail replacement, drainage culvert cleaning, bridge and trestle inspection and repairs, switching and communication equipment access and maintenance, and crossing equipment servicing and repairs. Most of these activities are accomplished by having trucks drive alongside the tracks on maintenance roads, or in some cases, on the side of the ballast near the rails themselves. In an emergency situation, the trail may become the maintenance road for the railroad, and any fencing may be removed for emergency access if necessary. NCTD shall make all efforts to minimize damage to the trail, the fence, and other support facilities, and shall allow the Trail Coordinator the opportunity to remove or otherwise minimize that damage with advanced notice. The Easement Agreement with NCTD in Appendix C shall be used as a guide for any damages or repairs made due to the maintenance activifies of NCTD in the corridor. 30 4.6.4 PLANNING Changes in land uses adjacent to the trail can have a significant impact on the quality of the trail experience. Incompafible uses can create safety hazards, complicate operafions, and seriously tarnish the aesthetic and recreational appeal of a trail. Land use can be controlled so long as it is consistent with exisfing zoning laws. The key is to: • Ensure that the planning departments in each local agency keep the Trail Coordinator informed of pemiit applications; • Work with developers early in the planning process to ensure that the interface between future development and trail is appropriately designed and coordinated. 5.0 TRAIL MANAGEMENT COSTS The management of the trail will result In administrative, legal, operafions, and management costs. Each local agency will be responsible to fund the management and operation of the trail within their jurisdicfion. Those costs are largely dependent on local practices and financial resources. Trail Coordinators may wish to establish "Adopt-A-Trail" program in order to encourage private sponsorships to assist in the maintenance and operation ofthe Trail. 5.1 MAINTENANCE COSTS The esfimated annual cost for trail maintenance, excluding major landscaping, is approximately $10,000 per mile. These are typical costs associated with a trail of this type. Capital purchases are expected to be limited to items such as sweepers. Table 1 shows the items included in the maintenance ofthe Trail. 31 5.2 OPERATING COSTS The trail is somewhat unique in that it is visible and easily accessible for much of its length from nearby roadways, and therefore no new security or patrols are expected to be needed in these areas. In the event that trail usage exceeds 300 people in any given hour at any specific location on a consistent basis, the Trail Coordinator in conjunction with municipal police departments and the Sheriff shall explore ufilizing bicycle-mounted patrols to help manage the facility. As an alternative, the Trail Coordinator may develop a volunteer trail group whose purpose would be to help monitor the trail, help trail users, and notify the police or fire departments of any problems. Other operating costs include electricity for lighting and emergency infrastructure as well as water and power for irrigafion and drinking fountains. Other ufilifies costs may also be associated with the operafion ofthe Trail. 5.3 ADMINISTRATIVE COSTS The Trail management responsibility shall be placed with a senior staff person within a specified department in each city. This Trail Coordinator has a wide spread responsibility, ranging from managing and monitoring maintenance activities, coordinating with NCTD, utilities, and adjacent property owners, responding to and monitoring reported problems, maintaining records, managing a budget, pursuing outside funding sources, and coordinafing with other cifies along the trail. It is projected that this responsibility would take up approximately 200 hours per year for a senior staff person, or roughly 10% of their fime. This administrative expense would be approximately $10,000 per year, assuming a fully burdened annual salary of $100,000. While liability is not expected to be a significant problem based on research of exisfing similar trails, there may be additional legal costs in the form of insurance premiums, litigation, and settlements. For the purposes of this trail, it is recommended that each local agency use the same legal cost factor that It uses for any new facility such as a park or school, either on an acreage basis or user- day basis. The Easement Agreement in the appendix shall serve as the primary guide for liability associated with the Trail corridor. 32 APPENDIX A NCTD OPERATING FOOTPRINT APPENDIX B PLANT PALETTE BEST COPY BEST COPY (J^ rW^Z I cr THE MA^t.y. SAIL TfiAll - CARL^^eW IS 7:-H! 1 avriil.','l I7'H!: lAHFVirAPF (Tj '•f-"'' SCIIIVAI f B'lf.v rfB -TYSICA] ^IM '.riTII •;. r:ili-.il'Y INT '.I.T •-" Li'A3Ll'jilLU FUL LSIAtLlSlilfLM fV-tlVC IMA'.. Ul 1-.^ iLAl^'j'/J.L n-.L. HLJOHl "f, 30-lU>! (UiJMKJBEll Uto A0JU5Tb3 BASED Ol PLlNr PLR'ORVMICl). @ cirr cr CABLSHAO WILL 6E HESPONSIBLE .-OR rut uAinTtNANCt or mis PROJECT (S) 36 fiiKf"' or iiif prtnjKi AREA HHTHIN LIUIT or WOUK) IS TO BE PLAKTES (APP^QXIMAIEIY 79,570 Sf 1 fg"> BFCiA-wri) iKAirH ANn/nn OTUFH Ai-rHU4irJt MOH- •—^ ivui.wr, 1)07 rHE mirk' wii; nr iirsicw.r REC WArrR ^oifRcfs roR LANOSOAPING ARE r LADV rOR WIIEfJ JT SCtOueS AVAILABLE SEPtRATE B'AItR SHALL UC PHOVDtL) rOR LAWD5CAPIH0 INCLJDIU^ SUT NOT LIUITEO TO CCKNECTIOWi, WATER UfTERS AN3 gnOKFLO" 1=REVENTESS. SJ. H-'^nuM AN5 I OCAL WAIE=' ANLl HTW IH r.mz REOUIRCUEHTS IN FnkCE AT TME llUf OF •W'-l '..rH-J'-jCti: l^fK-.:'! Br. Un • ?-ir.a11•. r.K.lif.. ]:iCJri,7[0 INtO "MYIIRD 7{iHCff Bn'.ui an rLAVl •t •,r,'.IU IJ [1L'.^.^[0 FCH 'l.^JIVCU fil,HOrr A^0 OVEK5RRAY IHE iFiffltjilirjN OunllO COMHLHLF.K FDR UJLIIPLE PI'OC.'AUUim; THE OOMROLLtt! WrJ_ HAVE \ fltilBLE CALENOAH fBOtJKMI. ^PFCK"'. •;urj AVO SHAin IXf-DMiRi. =r-STCU 15 TC a; EOUI^F'Eij WTIi A^ AL A UULIlliLt CYCLE SIA.1T CAPACITY AND (j) THE PROJECT AREA 15 OUTSIDE TME CITTS FIRE SUPPRESSIOIJ ZONES. PDINT LEGEND mm " ~ .0. nut • BTCTISM™.™, SAOD nlDinLiypfT , «L 1 M. „ • PA£9rUXJ> J4J|I«WTU..EA ™«™. 1 CM. >iA»~<; O Dur c^,i wnsH < u. UJ XH - o ELYWB l«™«-nB CLfHI «»n IS' © JCHIlAf F.^YUO^U « • --«"*'™" «AL,««« or CjiiiLUWs^wiiL$CHri^hL' *** locArfiN TD • IWWHIDLQK PBVJL •fcHBlM*' 6 flfUS HftcmrntM « © JIDlihfn CDULIEOl 1 Otc CARLSBAD (ff| COASTAL FWL UUI-mHact RoberU & Todd, Inc t|jjCi..a.U.ml, ^WXS DIHmn SK Dwa BHl lalUlHJTB BENCHMARK 0 JJ.it«s. (I CIIY OF CARLSBAO H"'" EXHIBIT A L-DP.3 APPENDIX C EASEMENT FOR RAIL TRAIL EASEMENT FOR RAE. TRAIL This Easement Agreement (the "Agreement") is made this ii day of 2004 between the NORTH SAN DIEGO COUNTY TRANSIT DEVELOPliBNT BOARD' ^ ^ t*^^ OF CAR15BAD, heremafter referred to RECITALS A, NCTD owns the railroad right-of-way (the "Right-of-Way") more particularly described in Exhibit 1 attached hereto and made a part hereof. B. The Burlington Northern Santa Fe Raikoad owns an easement over the Right-of- Way permittmg it to conduct freight operations on the track located within the jRight-of-Way. C. CITY and other cities and agencies seek to construct a "coastal rail trail" r*RaiI TraU'*) within the Right-of-Way. ^ D. NCTD and CITY have agreed that CITY may plan, construct, maintain and operate the Rail Trail within the easement pursuant to the temis and condrtions set forth in this Agreement. NOW THEREFORE in consideration ofthe mutual covenants and conditions contained herein, the parties hereto agree as foUows: 1. Grant of Easement. NCTD hereby agrees to grant CITY an easement C*Easement") within the Right-of-Way for the purposes of and pursuant to conditions set forth in this Agreement. 2- Location of Easement. Tbe Easement is located in the Right-of-Way within the City of Carlsbad as further described in Exhibit 2 rsurvev to he completed hy rrrv] attached hereto and made a part hereof. [The Rail Trail will be the subject of separate license agreements as it passes over pubhc streets and railroad crossings.] SDPUB\CMC\274042 CMC\274042.1 3. Limitation on Easement. Easement is subject to the following: a. All pre-existing rights, interests and easements affecting the use of the Right-of-Way; and i. CITY acknowledges that NCTD*s Ri^t-of-Way is an easemrait for raiboad puiposes granted to NCTD's predecessor-in-interest pursuant to the General Right-of-Way Act of 1875. The United States is the owner of the underlying fee interest in the Right-of- Way. The RifiJit-of-Way is subject to the right of reversion in the event the Basement is not utilized for appropriate puiposes designated by acts of Congress. The Congress pennits the 'interim" use of such rights of way for permitted uses. The permitted uses could be modified by Federal law or judicial decision and upon such an adverse change this license would terminate. ii. CTTY acknowledges that the Easement (and the rights granted to CITY by this Agreement) is subject to a reserved freight easement in favor of the Burlmgton Northem and Santa Fe Railway Company as successor by merger to the Santa Fe and the tenns and conditions of the San Diego County Shared Use Agreement by and between MTDB and NCTD and the Santa Fe dated October 30, 1992, as well as other rights and agreements that NCTD has entered into, or may enter into in the future conceming the use of the Right-of-Way for railroad purposes. iii. CITY acknowledges that NCTD's Right-of-Way is the subject of leases with private parties and joint development agreements the terms and conditions of which enable the tenants to rights and access to portions of the Right-of-Way. SDPUB\CMCU74042 9 CMO274042.1 b. A reservation of an easement in favor of NCTD to utilize flie airspace above the Easement and sub-surface of said Easement for uses not inconsistent with the City's use of the Easement including but not limited to third party uses for utility purposes. 3.1 This Agreement shall have a term of fifty (50) yeare beginning on , 2004 (the "Commencement Date") and ending on . 20 or at au earlier date. (The **Terai"). 4. Payment of Use Fee. CITY shall pay a use fee to NCTD in tbe sum of one dollar ($1.00) as partial consideration for the Easement, payable in advance, on the first day of the Term. 5. Pennitted Use. 5.1 During the Term, the Easment shall be used for tiie exclusive purpose of the construction, maintenance and operation of the Rail Trail and for uses normally incidCTt to that purpose as set forfii on Exhibit 3 attached hereto. CTTY shall not use or permit the Easement to be used for any other purpose without the prior written consent of NCTD. CTTY shall not commit or permit the commission by others of any damage, nuisance or waste on the Easement. CITY shall not place or permit to be placed upon the Easement any gasoHne or any hazardous or explosive material, waste or substance. CITY's use of the Easement shall not interfere with any railroad operations on tiie Ri^t-of-Way. 5.2 If CITY, its successors or assigns, shall use tiie Easement for any purpose other than as stated in this Section 5, or fail to act in strict accoidance with the provisions of this Agreement, tiien NCTD shall provide CITY with a timely written notice of any claim of default, meet and confer witii CITY regarding said claim of defauh, and allow CITY an opportunity to cure said default so long as CITY proceeds expeditiously to cure said default. The timeliness of the notice will depend upon tiie natm-e of tiie default. It is acknowledged that, given tiie SDPUB\CMO274042 3 CMC\274042.1 safety issues involved, some defauhs may requu:e very expeditious cures. If CITY fails to cure said default in a timely manner, NCTD may exercise its remedies at law or equity against CITY including tennination of this Agreement. 6' Development Standards and Approvals. The development of improvements on tiie Easement as a Rail Trail C*Improvements") shall be planned and constructed by CITY at CITY'S expense subject to the following development standards: 6.1 The landscaping of tiie Easement shall be subject to tiie followmg conditions and restrictions: 1. No sprinklers or imgation waters are permitted within tiie Right-of-Way outside ofthe Easement; and 2, Adequate dramage must be provided for tiie Easement so that at all times all water shall flow away from tiie rails and ties and other railroad facilities. 6J, Portions of the Improvements may be hghted. 6.3 CITY may install signage in connection with the Improvements, 6.4 CITY shall install banier fencing along tiie entire lengtii of tiie Easement between tiie Rail Trail and NCTD's adjacent raihoad tracks. Said fence shall be designed and constructed in accordance witii specifications set forth in Exhibit 4 attached hereto. fCITY to prepare Exhibit 4 subiect tn NCTD approval.] 6.5 Plans for tiie development of tiie hnprovements, including aU vertical barriers, Ughting and signage shaU be subject to approval by NCTD prior to any construction, which approval shall not be unreasonably withheld or delayed. 7. Construction Matters. 7.1 CITY agrees that all work to be done hereunder by CITY and/or its contractors in tiie constmction and/or maintenance of Improvements shall be performed in a good and workmanlike manner and in accordance witii plans and specifications approved by NCTD. Changes or modifications to tiie project during construction SDPUBM:;MC\274042 4 CMC\274042.I tiiat affect the Easement or rail operations, improvements or equipment shaU be subject to approval by NCTD, which approval shall not be unreasonably withheld or delayed. All work performed on, over, or under tiie Easement shall be done to the satisfaction of NCTD. 7.2 In tiie construction ofthe Improvements CITY shaU require its contractor, at the contractor's expense, to: (a) obtain a Right-of-Entry Pennit from NCTD, a copy of which is attached hereto as Exhibit 5, and (b) procure and maintain in force at aU times during the construction of the Improvements, and for additional periods as described in the specifications for the construction of the Improvements, the insurance required by the Ri^t-of-Entry Pemiit. 7.3 cmr shaU reunburse NCTD witiiin 30 days of invoice for all costs and expenses incurred by NCTD (including a 7.2% admmistrative fee which shaU be equal to 7.2% of NCTD's actual expenses) in connection with the planning, design and construction of tiie Improvements, including, but witiiout limitation, consultants fees, mark out of raikoad feciUties, inspectors, security and flag protection as NCTD deems necessary, the installation and removal of false work beneath tracks, equipment rentals and restorations ofthe Right-of-Way. Upon receipt of tiie Right of Entry Permit, CITY shaU deposit witii NCTD an amount equal to NCTD's esthnated costs and expenses projected to complete construction. 7.4 Flag protection shall be required when constmction of the Improvements and/or CITY'S operations on or adjacent to the Right-of-Way present a danger to NCTD's rail facilities. NCTD shall detemiine the need for Flag Protection in its sole discretion. CITY agrees to execute time cards as required by NCTD for personnel providing Flag Protection services. SDPUB\CMO274042 CMC\274042,I 7.5 The following individuals shall be contacted prior to the start of construction of tiie Improvements and shall be tiie CTTY's contacts regarding work on tiie Easement: (a) NCTD Contacts. Jim Cuimingham, Manager of Real Estate Nortii County Transit District 810 Mission Avenue Oceandde, CA 92054 (760) 966-6504 (b) CITY Contact City Manager City of Carlsbad 1200 Carlsbad ViUage Drive Carlsbad, CA 92008-1989 7.6 NCTD shall have tiie rigJit to enter tiie Easement to post notices of non- responsibiUty. CITY shall not pennit any mechanics* or otiier liens to be filed against the Easement nor against CITY's interest herein by reason of labor and materials fumished to the Easement at CITY's insistence or request If any such Uen is filed against tiie Easement, CfFY shall cause the same to be discharged of record, either by payment of the claim or by posting and recording the bond contemplated by CaUfomia Civil Code 3143, within twenty (20) days after demand by NCTD. 7.7 The requirements of this Agreement related to the construction of the Improvements shall be specifically identified in any project specifications and bidding documents prepared by CITY for the constmction of all or any part of the Improvements, and shall be subject to approval by NCTD. 7.8 Any contractor or subcontractor performing work on, or in connection with tiie CITY'S use of or entry onto the Easement pursuant to this Agreement, shall be conclusively deemed to be tiie servant and agent of CITY, acting on behalf and SDPUB\CMC\274042 CMC\274042.l witiiin the scope of such contractor's or subcontractor's employment for CITY and subject to the provisions of this Agreement 7.9 Any and all construction work perfonned or caused to be performed by CITY on the Easement shaU be performed in accordance with any and all appUcable Federal, State and local agency laws, rules and regulations, including, but not limited to, such rules and regulations as are estabUshed by NCTD. 8. Maintenance. 8.1 NCTD shaU have no obligation whatsoever to maintain or repair tiie Easement or the Improvements, CITY shall be solely responsible for maintenance and repair of all Improvements constructed on the Easement and all costs in connection therewitii, mcluding, but not limited to, the rqjair, resurfacing and reseating ofthe pedestrian path, repair of fencing and the watering and maintenance of landscaping, as necessary. CITY shall perform aU maintenance and clean-up of the Easement and tiie Improvements thereon as necessary to keep both in good order and a safe condition and in accordance with all appUcable Fed^, State and local laws and regulations including NCTD Rules and Regulations. 8.2 NCTD and other entities having rights and obUgations in tiie Right-of-Way may require use of tiie Right-of-Way (including tiie Easement) to maintain and r^air their Improvements on or witiiin ttie Right-of-Way. Accordingly, NCTD, and its agents, invitees, Ucensees and employees, shall have the right at any time to barricade any portion of the Easement and prevent pubUc use thereof on a temporary basis as NCTD deems necessary for the duration of repair work. In the event such barricading is installed, NCTD shall provide prompt notice to CITY by phone or telefax and in accordance witii Section 16, below. In the exercise of rights under tiiis Section 8.2, NCTD shall ensure that adequate precautions are provided for fhe protection ofthe public. SDPUB\CMa274042 CMC\274042.1 8.3 CITY shall provide securify on tiie Easement as required and shaU utiUze its uniformed peace officers to enforce applicable rules and regulations on the Easement. 9. Indemnity. 9.1 In addition to and witiiout Umitation on any otiier provision of tiiis Agreement, CITY hereby agrees to investigate, defend, indemnify and hold NCTD, its members, officers, agents and employees, and easement holder Burlington Northern and Santa Fe RaiUoad and Amtrak, harmless from any and all loss, damage, UabiUty, claims, deinands, detriments, costs, charges and exposes (including reasonable attomeys' fees) and causes of action of whatever character which may be incurred, sustained or be subject to by any indemnified party on account of loss of or damage to or destruction of property and loss of use thereof, or for bodily injuiy to or death of any persons (including, but not limited to employees, subcontractors, easement holders, agents, savants, licensees, fi^chisees, and invitees of NCTD or tiie City, arising out of or in any w^ related, in whole or in part, to (i) tiie condition of tfie Easement, (ii) tiie use ofthe Easement by tiie CITY, including, but not limited to, the authorized or unautiiorized use of tiie Improvements by any person, excepting trespassers outside the Easement, or (iii) the use of the Easement by the general pubUc for cycUng, jogging, walking, and aU other activities, except to tiie extent tfiat such claims or expenses arise &om NCTD's, BNSF's or Amtrak's negligence, combined negUgence, or the negligence of their officers, employees, agents, servants, contractors, licensees, franchisees or other easement holders, or lessees. CITY shall have the right to select outside counsel (subject to approval of NCTD which may not be unreasonably witiiheld) to defend NCTD and all indemnified parties pursuant to this Paragraph. SDPUB\CMC\27404Z CMCVZ74042.I 9.2 Notwitiistanding tiie foregoing, nothing in this Agreement is intended to abrogate or limit any stamtory or common law immunities that would otiierwise attach to the actions or undertakings of CITY or to those of NCTD. 9.3 This mdemnity shaU not apply to bodily injuiy or deafli of any persons arising who are found to have been trespassing on the Right-of-Way outside of the Easement at the time of their injmy or death, 10. Condition of Easement. 10.1 CITY warrants that it has inspected tiie improvements and accepts the Easement in an "AS IS, WHERE IS CONDITION, WITHOUT WARRANTY AS TO QUALITY, CHARACTER, PERFORMANCE OR CONDITION'* with all fault and with fiill knowledge of (i) tiie physical condition of tiie Easement, (ii) aU zoning and otiier land use laws and regulations affecting tiie Easement, (iii) all matters of record relating to tiie Easement and (iv) all other conditions, restrictions, encumbrances relating to the Easement. 10.2 CITY hereby recognizes and acknowledges that raikoad tracks are located «n or adjacent to tiie Easement. CITY recognizes tiiat the cunent and potential expanded fixture operation of trains over the Right-of-Way and constmction on the Right-of-Way does and wiU produce vibrations, fumes, visual impacts and noise levels which may be considered objectionable by the employees, agents, residents or invitees of tiie CITY. With knowledge and understanding of ttiese facts CITY hereby accepts tiie Easement as provided in this Article 10 and agrees that no legal action or complaint of any kind whatsoever shall be instimted against NCTD or other autiiorized users of the Right-of-Way by CITY or on CITY's behalf as result of such vibrations, fumes, visual impacts and noise levels or as a result of the operation of the Right-of-Way. 11. UtiUties. CITY shall arrange and pay before delinquency all charges for utilities, mcluding witiiout limitation, water, power, heat, garbage, communications and sewer SDPUB\CMC\274042 CMOa74042.1 services reasonably necessary to conduct CITY's permitted use of tiie Easement under this Agreement. 12. Relocation of Facilities. 12.1 The Rail Trail has been sited and designed to avoid conflicts with all major Projects planned for tiie Right of Way for ttie next 20 years, thus, preserving the integrity of ttie Rail Trail for not less tiian 20 years by aUowing for altemate equivalent routing whenever modifications are necessary. To fhe maximum feasible extent, all major Improvements to the Right of Way shall be designed to preserve the overall integrity ofthe Rail Trail. 12.2 If NCTD determines that modifications to segments of the Rail Trail for the purposes set forth below are necessary, NCTD shall provide a written notice to the CITY or its assignees of the requirement to relocate specific hnprovements. The purposes for which NCTD could require modifications to segments of the Rail Trail are as foUows: 1. hnprovements necessary to ensure safety of Rail Trail usera, raiUoad personnel and rail passengers; 2. Operational improvements necessary to maintain rail and fieight service, including, but not limited to the addition of passing tracks, grade separations and other grade crossing improvements; 3. Changes necessary to meet the requirements of regulatory authorities. Modifications to tiie Rail Trail set fortii in this section shall be accomplished at the expense of CITY or its assignees. Unless the notice is given for the puipose of faciUtating remediation caused by an emergency, CITY shall relocate the Aifected Improvements within one hundred eighty (180) days of receipt of said notice. In tiie event tfie notice is to faciUtate remediation of transit facilities resulting from an emergency NCTD may discontinue use ofthe easement pending relocation ofthe improvements. SDPlffl\CMCV274042 10 CMC\274042.1 13. Insurance. 13.1 At all times while tiiis Agreement is in effect, tiie CITY shall, at its sole expense, maintain commercial general liability insurance written tiirough an insurance company having a Besfs rating of B+13 or better and Ucensed to do busmess in tiie State of CaUfomia, meeting tiie requirements stated in tiiis Article 13 in a foim satisfactoiy to NCTD for a policy amount of not less tiian Ten MilUon Dollars ($10,000,000) (stated on a per occurence basis). 13.2 The poUcy of commercial general Uability insurance reqmred by Paragr^h 13.1 shall include the foUowing provisions: (A) The insurance shaU not be modifiable or cancelable or non-renewable witiiout 30 days' prior written notice to NCTD (except in the case of cancellation for non-payment of premium in which case cancellation shall not take effect until at least 10 days notice has been given to NCTD). This provision is hereinafter referred to as "Notice of Modification or Cancellation"; , 13.3 All policy or endorsement Umitations relating specifically to operations on or near raikoad property or ti:ack(s) shall be eUminated to tiie extent that tiiey confUct witti the obligations set fortii in Paragraph 9 herein. 13.4 A properly completed certificate of msurance executed by an authorized representative of tiie insurer or msurers shall be fumished to tiie other Party prior to the Commencement Date and upon each renewal. 13.5 The requirements regarding the types and limits of insurance coverage to be maintained as requked by this Article 13, and any approval of said insurance by tiie other Party and/or its agents, are not intended to and shall not in any manner limit or quaUfy tiie liabilities and obligations otiierwise assumed by either Party pursuant to ttiis Agreement, including but not hmited to, the provisions concerning indemnification contained in Article 9 of tiiis Agreement. SDPUB\CMC\274042 n CMC\274042.1 13.6 CITY shall upon knowledge notify NCTD witiiin twenty-four (24) hours after tiie occurrence of any accident or incident on tiie Easement or adjacent property which could give rise to a claim under any of the insurance poUcies required hereunder. 13.7 Notwitiistanding any otiier provision of tiiis Agreement, tiie CITY may self-insure for any risk set fortii in this Article 13 in tiie manner and to the extent that the CITY self-insures for similar risks with respect to its operations, equipment and property- To tiie extent tiie Certificates of insurance provided pursuant to Paragraph 13.4 do not describe tiie self-insurance, the manner in which such self- msurance is provided and the extent of such self-insurance shaU be set forth m a Certificate of Self Insurance, deUvered to NCTD and signed by an authorized representative of tiie self-msured Party, which fully descnTjes tiie self-insurance program and how the program covers the risks set forth in this Article 13. Insurance provided by a jomt powers agency insurance pool shall be considered self-insurance for.tiie purposes of this paragraph. If at any time during the term of this Agreement ttie CITY elects to not self-msure, CITY shall comply witti aU applicable provisions of ttiis Article 13 to the extent it does not so self-msure. 13.8 Workers' Compensation and Emnlover Liabilitv. CITY and its contractors shall cover or msure under the appUcable laws relating to workers' compensation insurance, all of thek employees workmg on or about the Easement, and CITY shall defend, protect and save harmless NCTD, its dkectors, officers, employees, agents and volunteers from and against all claims, suits, arid actions arising from any failure of the CITY or any of CITY's contractors or assigns to mamtain such insurance. Evidence of such insurance satisfactory to the NCTD will be delivered to the NCTD concurrent with execution of this Agreement or within ten (10) days tiiereafter or on such other date agreed to by NCTD in writing. SDP'UB\CMC\274042 J2 CMO274042.1 14. Tennination. This Agreement may be termmated: (1) at any time upon tiie mutual agreement of NCTD and tiie CITY; (2) upon the proper exercise of rights described in paragraph 3(a)(i); (3) upon tiie proper exercise of rights by BurUngton Northern and Santa Fe Railway Company described m paragraph 3(a)(ii); or (3) as provided m paragraph 5.2, above. Upon tenmnation of ttiis Agreement, CITY shall leave tiie Easement m a neat and safe condition and all improvements, made by CITY on the Easement pursuant to this Agreranent shaU be the property of NCTD and remain on tiie Easement. However, NCTD may, at NCTD's option, by mnety (90) day written notice of its mtent to terminate, require CITY to remove any improvements from the Easement and to restore tiie Easement to its original condition (nonnal wear and tear excepted) prior to termination of this Agreement at CITY's sole cost and expense. If CTTY fails to do so, NCTD may perform such removal and restoration in which case CITY shaU pay NCTD witiim ninety (90) days after demand therefor tiie cost of removal of such Improvem^s. NCTD wiU use reasonable diUgence in tiie removal of such Improvements if it elects to do so. Temiination of this Agrewnent shaU not release either party fiom any liability or obUgation hereunder resultmg &om an event which occurred before tennination, 15. Nonwaiver. The failure of either party to tiiis Agreement to enforce or exercise its rights with respect to any term, covenant or condition of this Agreement shall not be construed as a waiver of that term, covenant or condition for any subsequent breach of flie same or any other term, covenant or condition contained in this Agreement. 16. Notices. All notices shall be in writing and shall be deemed to have been given when delivered personally or deposited in the United States Mail, registered or certified, postage prepaid, and addressed to the party to whom the notice is directed at tiie address set forth below. SDPUB\CMC\274042 I3 CMC\274042.1 To NCTD at: North County Transit District 810 Mission Avenue Oceanside CA 92054 Attn: Real Estate Department or to such otiier address as NCTD may designate by written notice to tiie otiier parties to tins Agreement. To CITY at: City of Carlsbad Attn: Raymond R. Patchett. City Manager 1200 Carlsbad ViUage Drive Carlsbad, CA 92008 or to sudi oiher address as CTTY may designate by written notice to tiie otiier parties to this Agreement 1^- Entire Agreement. This Agreement sets forth tiie entire agreement between the parties witii respect to flie Easement and siq)ersedes all prior agreements, communications, and representations, oral or written, express or unpUed, since tiie parties intend tiiat tiiis be an integrated agreement. This agreement shall not be modified except by written agreanent of the parties. IS- InvaUdity of Particular Provisions. If any tenn, covenant or condition of fliis Agreement or the appUcation thereof to any person or ckcumstance shall to any extent be invaUd or unenforceable, tiie remainder of fliis Agreement or tiie appUcation of such term, covenant or condition to persons or ckcumstances otfier tfian tiiose as to which it is held invaUd or unenforceable, shall not be affected tiiereby, and each term, covenant and condition of tiiis Agreement shall be valid and be enforced to the fiiUest extent pennitted by law 19. Successors. This Agreement shall bind and inure to flie benefit of botii NCTD and crrY and thek respective successors, heirs and legal representatives. SDPUB\CMC\274042 14 CMC\274042.1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe date first above written. NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD CITY OF CARLSBAD I. Miahael Cowef len NorHrSSi Diego Coibity Transit Development Board t. Hubbs Public Works Dkector Approved as to form: ^tant City Attomey of Carlsbad SDPUB\CMC\274042 CMa274042.1 15 EXHIBIT 1 Railroad Right-of-Way PARCEL 20: THAT PORTION OF THAT CERTAIN 200 FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AS GRANTED TO CALIFORNLA SOUTHERN RAILWAY COMPANY UNDER THE PROVISIONS OF THE ACT OF CONGRESS OF RAILWAY COMPANY UNDER THE PROVISIONS OF THE ACT OF CONGRESS OF MARCH 3. 1875 (18 STAT. 482) AND SHOWN ON THE MAP OF SAID RIGHT OF WAY FILED JN THE OFFICE OF THE SECRETARY OF THE INTERIOR MARCH 14, 1881 AND APPROVED MAY 12, 1881, LYING WITHIN SECTION 7, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDLW, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICL\L PLAT THEREOF. EXCEPT THEREFROM ANY PORTION LYING WITHIN THE BOUNDARY LINE OF RANCHO AGUA HEDIONDA, ACCORDING TO THE PARTITION MAP NO. 823 FILED EST THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY NOVEMBER 16, 1896. ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND, QUITCLAIMED TO R.C. PAYAN IN THAT CERTAIN DEED RECORDED MARCH 7, 1929 m BOOK 1608 PAGE 20 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXHIBIT 2 Description of Easement EXHIBIT "A" COASTAL RAIL TRAIL EASEMENT NCTD A PORTION OF THAT CERTAIN 200-FOOT RIGHT-OF-WAY OF THE NORTH COUNTY TRANSIT DISTRICT AS GRANTED TO THE CALIFORNIA SOUTHERN RAILWAY COMPANY UNDER THE PROVISIONS OF THE ACT OF CONGRESS OF MARCH 3, 1875 (18 STAT. 482) ENTITLED "AN ACT GRANTING TO RAILROADS THE RIGHT OF WAY THROUGH THE PUBLIC LANDS OF THE UNITED STATES" AND SHOWN ON THE MAP OF SAID RIGHT-OF-WAY FILED IN THE UNITED STATES LAND OFFICE. LOS ANGELES. CALIFORNIA, MARCH 14, 1881 AND APPROVED BY THE SECRETARY OF THE INTERIOR, MAY 12.1881, LYING WITHIN SECTION 6. TOWNSHIP 12 SOUTH, RANGE 4 WEST, S.B.M. AND SECTION 7. TOWNSHIP 12 SOUTH. RANGE 4 WEST. S.B.M, SAID RIGHT-OF-WAY BEING LOCATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF SAID NCTD RIGHT-OF-WAY WITH THE NORTHWESTERLY LINE OF TAMARACK AVENUE AS SHOWN ON RECORD OF SURVEY MAP NO. 14504 FILED IN THE OFFICE OF THE COUNTY RECORDER ON APRIL 14,1994; 1. THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY UNE SOUTH 3r03'58" EAST 4.49 FEET; 2. THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 58°14'02" WEST 36.74 FEET TO THE BEGINNING OF A NON-TANGENT 5666.36-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY. THE RADIAL LINE TO SAID POINT WHICH BEARS SOUTH 54*'50'40" WEST; 3. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1W54" A DISTANCE OF 111.92 FEET; 4. THENCE NORTH 34*'0r26" WEST 3548.46 FEET; 5. THENCE NORTH 55^58*03" EAST 37.00 FEET TO SAID NORTHEASTERLY RIGHT-OF-WAY LINE; 6. THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE SOUTH 34^*01'26" EAST 3548.46 FEET TO THE BEGINNING OF A TANGENT 5629.36- FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 7. THENCE CONTINUING SOUTHEASTERLY ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF r06'29" A DISTANCE OF 108.87 FEET TO THE POINT OF BEGINNING. AREA = 3.110 ACRES, MORE OR LESS. MICKEY B. ' EXP. 3-31-0« TABUUIED CURVE DAT/ • CURVE 1 DELTA 1 RADIUS LENGTH a i'ors^r 56i56.36* 111.92* C2 1 1W29* 1 5629.36' loaar TABUUIED UNE DATA UNE BEARING LENGTH Ll s ^i-oysa" E 4.49' L2 S 5814'02" W 36.74* L3 N 55*58*05* E 37.00' COASTAL RAIL TRAIL EASEMENT P.O.B. R/W AREA = 3.110 ACRES POINT OF BEGINNING RIGHT-OF-WAY S^54Wtf; Vf(R) DETAIL "A' THIS SHEET REVISED BY: MA DATE: 2-15-05 NORTH COUNTY TRANSIT DISTRICT ^ALE 1" = 400" DRAWN BY: KA DATE: 4-13-04 NORTH COUNTY TRANSIT DISTRICT ^ALE 1" = 400" DRAWN BY: KA DATE: 4-13-04 CARLSBAD COASTAL RAIL TRAIL EASEMENT NCTD DOC. NO. 1 CHECKED BY: MA DATE: 4-15-04 CARLSBAD COASTAL RAIL TRAIL EASEMENT NCTD APPROVED BY: DATE: CARLSBAD COASTAL RAIL TRAIL EASEMENT NCTD DWG. NO. 1 EXHIBITS Uses of Rail Trail EXHIBITS Uses of Rail Trail The Carlsbad Coastal Rail Trail will provide a multi-modal, non-motorized trail for transportation and incidental recreational activities such as: *Bicyclists •Pedestrians *RoUer Bladers *Skate Boarders •Other Non-Motorized Transportation Modes CMC\30506I.l EXHIBIT 4 Specification for Fence Irm L<!!!!!f!!n!!!!!!!!!|iii'iiiiiiiiHiniiHiiiiiiiiiiiitii^ ttar !!!!!l!!!!''i'i*ii'iiiiiiiiiiiiiiiiitinniiiiniii iii niiiiiijjnijiniiiiiiiiiiiinn^ U lllllllllilllli lltllllllliiiiHiHif^^^ niiiiiiittiifiiiiiiiiuiiiii!;^^UHn iiiiiiiiiiiiiiiiiiini^^^^ CMOctt Forme DETAIL B- WFUXajmF^ U^pt Ff^fr 3 riaim. nmr F/mr VIEW KWED Wlfte UESH FENCE MO ruflg STEEL FENCE POO THE cmsam COASTK/m TML EXHIBITS Right-of Entry Permit Form RIGHT OF ENTRY PERMIT THIS RIGHT OF ENTRY PERMIT ("famit"), entered into as of 2004 between tiie NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD"" C^SDCTDB" or "Boaid") and «^AKU ("Pemuttee"). " ' ' RECTTALS A. Board is tiie owner of certain railroad right-of-way assets extending from Orange County to San Diego and from Oceanside to Escondido (tiie "Ridit-of-Wav") The Right-of-Wav is in active ^^^^^^op^^on of freight trains (by tiie Burlington Northern Santa Fe RaUway Company ["BNSE"]), mtracity passeng^ trains (by flie National Railroad Pass^eer Coiporation f'AMTRAK"]) and commuter trains (by Board). B. Pennittee desires to enter onto and use fliat portion of tiie Right-of-Way more particularly descnbed m Exhibit A attadied hereto (the "Pennit Area"). C. Board is willing to allow Pennittee to enter onto and use a portion of tiie lUght-of-Way provided ttiat Pennittee's entry and use do not interfere witii tiie Board's operations, including response to emergencies and routine maintenance, or flie safe use of flie Right-of-Wav bv Boat4BNSF, and AMTRAK, and provided'tiiat Pennittee's entry and use are in strii accordance witii trams and conditions set forth m fliis Peraiit. NOW, THEREFORE, BOARD AND PERMITTEE AGREE AS FOLLOWS: 1. Basic PesTnit TpTma 1.1 Permit Fee: Five Hundred DoUars ($ 500.00). 1.2 Expense Remibursement Deposit: ^^_Dollais ($ ) 1.3 Permit Expfration Date; ^ 2004 1.4 Permitted Use: 1.5 Board Pennit Coordinator. Jim Cunningham. Manager of Real Estate Telephone number: (760) 966-6538 1.6 Permittee's Address: Telephone Number; IJ Emergency Number: (800) 500-7346 ZJ 2. Grant of Pennit. Board hereby permits Pennittee to enter upon and use flie Pennit Area for the putpose and during the time periods set forth in titis Permit. 3. Permit Fee. Pennittee shall pay to Board, in advance, tiie non-refimdable Pennit Fee set forth in section IJ as partial consideration for tiie rights and privileges set forth in tins Permit The Pennit Fee is payable to North San Diego County Transit Development Board on or' before execution of this Permit 4. CostRdmbutsemept hi addition to flie Pennit Fee, Pennittee shall reimburse Board for all costs and expenses incunred by Board in flie review of Pennittee's request for tiiis Pennit Pemuttee's entry upon and use of tiie Pennit Area, and review and inspection of any woii perfoimed in flie Pennit Area; markout of raiboad feciUties; mspection, flagging, and security s&mecs; and instaUation, removal, repair, and restoration of tiie Right-of Way and railroad feralities. Upon execution of tins Pennit. Pennittee shall deposit wifli flie Board tiie Expense Rennbursement Deposit amount set forth in section 1.2. Board may deduct tiie costs and expMises fi:om flie Expense Reimbursranent Deposit as such costs and expenses are incurred. Costs of services provided by Board roiployees wiU be charged at tiie employees' fiilly loaded productive hourly rate (montitiy salary and braiefits avidedby 150 hours). Services provided by Board consultants, equipment rentals, and otiier tfurd party costs will be diarged at cost plus a 7.2% administrative fee. Upon demand by Board, Pennittee shaU make any additional deposits tiiat Board detennmes are necessary to reimburse Board for tfie costs and expenses mcurred by Board, hi tfie evcat fliat flie costs and expenses incurred by Board exceed flie amounts deposited, Pennittee shall reimburse Board for all such costs and expenses wifliin 30 days of invoice. 5. Use of Right of Way 5.1 Pennitted Use. Pennittee's entry upon and use ofthe Peraiit Area is solely for tfie purpose set forth in section 1.4, 5.2 Tnne of Use. a. Permittee shall not enter upon or use tfie Pennit Area or any Right-of-Way until Pennittee has paid the Pennit Fee set fortii in section 1.1, paid flie Expense Reimbursement Deposit set forth m section 1.2, satisfied tiie safety conditions set fortii in section 5.3(d), and delivered to Board tiie evidence oflnsurance set forth in section 8, b. Pennittee shall deliver to Board a written Flag Protection Right-of-Way Work Request, in tiie forni attached as Exhibit B. not less tiian ttiree (3) business days prior to each entiy upon tiie Pennit Area. The need for flag protection shall be detennined in tiie sole discretion of tiie Board's Manager of Maintenance of Way hi the event fliat tiie Manager of Maintenance of Way detennines tiiat flag protection is necessary Pennittee shaU not enter upon or use tiie Pennit Area until flag protection has been Page 2 5/6/2004 provided. Board shall use reasonable efforts to provide flag protection on flie dates and times of Permittee's requested entries, provided tiiat any work by Board, BNSF or AMTRAK tiiat requires flag protection shaU take priority. Board shall not be liable for any costs, expenses, or claims if flag protection is not provided on Pennittee's requested dates or times of entry. c. The Board's Manager of Maintenance of Way has tiie right to approve ttie dates and times tiiat Permittee may use the Permit Area d. This Pennit and Pennittee's rights hereunder shall tenninate automaticaUy upon flie completion of tiie purpose stated in section 1.4, or at 5:00 p.m. on tiie Permit Expiration Date set fortii in section 1.3, which ever is first to occur. 5.3 Restrictions on Use. a. Pennittee has no right to use any portion of tiie Right-of-Way oflier ttian flie Pennit Area for any puipose. b. No use by Pennittee shall interfere wifli or delay any laihoad operations on tiie Right- of-Way or interfere vrith or cause damage to any raiUoad facilities. c. Permittee shaU protect aU raihoad fecilities, public improvements, public utiUties communication Unes, survey and subdivision monuments, and other faciUties of like charact«-. existing or consttucted during tfie tenn of tiiis Pennit upon, over, under or across tiie Right-of-Way fiom damage fixjm Pennittee's use. Pramittee shall promptiy replace or repair all such improvements or feciUties which are destroyed or damaged as a result of any entry by Pennittee under tiiis Pennit. Pennittee shaU bear flie Mitire cost of replacement or rqpairs of any and aU improvements and facilities damaged or destroyed by reason of Pennittee's use under fliis Peraiit, whettier such improvements or feciUties are owned by Board or any otiier owner. Any repair or replacement shall be to the satisfection, and subject to tiie approval of, the Board or ttie owner of tiie improvements or fecilities. d. Every individual who wiU be entering upon tiie Right-of-Way under tins Pennit, before entering onto tiie Right-of-Way, shall first attend a class conducted by tiie Board or tiie Board's designee on Raifroad Worker Protection Safety rules and regulations. Pennittee shaU comply witii ttie SDNR rales and regulations of tiie San Diego Northem Railway and tiie Track Safety Standards, Part 213, Subpart A-F, Class of tracks 1-5, Federal Raiboad Administration (FRA) at aU times while on tiie Right-of-Way Such rales and regulations include, but are not Umited to, flie wearing of hard hats, protective goggles, reflective vests and steel-toed (or equivalent) shoes at all times while working on tiie Right-of-Way. All costs of tiie safety ttaining and of complying witii tiie Board's safety requirements will be at ttie expense of tiie Permittee. Page 3 5/6/2004 e. Pennittee shaU be solely responsible for compliance witii all federal, state, and local R^ht nft''^"^' "^u ""^T '° P^^co^s entry upon and use of flie Right-of-way Pmmttee shaU obtain all federal, state, and local pennits and approvals apphcable to Pennittee's entty upon and use of ttie Right-of-Way. No object which can be moved by two persons shall be left on tiie Right-of-Wav unattended. TOs requirement also appUes to objects above and/or outside tiie ^ght- of-Way on tiie uphill side whidi can be flirown or roUed downhiU onto tiie txack(s). 6. Improvements and Work. 6.1 No Pennanent Improvements. This Pennit does not autiiorize Pennittee to place anv imiMx>v«nents or fecilities in flie Right-of-Way tiiat wiU rmiam in tiie Right-of-Way after tiie t^mination of tins Pennit Any such improvements or feciUties can bTauttiori^ only by a separate written license or agreement between Board and Pennittee or tiie owner of flie improvements or fectiities, which Ucense or agreement shaU contain such other t^, conditions, covenants, r^resentations, and warranties as Boaid, in Board's sole and absolute discretion, det^es to be ^ropriate. including, witiiout Umitation provisions relating to mamtenance, tenn, payments for use of tiie Right-of-Way relocation, indemnity, and insurance. b. Approval of w;ork. Pennittee shall deliver to Board, for Board's review and approvaL drawings, specifications, and ottier construction documents describmg any prot>osedwork m &e Penmt Area in sufficient detail to enable Board to detemiine tiie scop^ nat^ ofthe proposed work and ttie potential effect of sudi woric on tiie Right-of-Way and tiie tiam operations^ Board may ^ve or disapprove any work in Board's sole and absolute discretion, and Board may require sudi changes or impose such conditions as Board in Its sole and absolute (hscretion, deems necessaiy or appropriate. In tiie event tiiat Board ^proves any proposed work, tiie work by Peraiittee m tiie Pennit Area shall be done in compUance witti ttie drawings, specifications, and documents approved by Board, witii the t^ and conditions set forth in tfiis Pennit, and witii all appUcable fed^, state and local laws mles, regulations, pennits, and orders. Pennittee shall only use a contractor approved by Board. Board shall have flie right mspect flie work to detennine whetiier tiie work IS perfonned m accordance wifli flie tenns and conditions of tiiis Pennit and to order Peaimttee to conect or remove any work tiiat does not comply witii tfie tenns and conditions of tfiis Pennit Pennittee shall rdmburse Board for tfie costs of inspections and costs of furnishing any flag protection for tfie work. 6.3 No Representation or WanT^ntio. Regarding Work, Board's review and inspection of tiie drawmgs. specifications, constraction documents, and work is for tiie purpose of examining ttie general an-angement, design, and details of tiie work for potential impact on flie Right-of-Way and raikoad operations. Board and Board's employees, consultants and agents assume no responsibility for and make no representations or warranties express or imphe4 as to tiie design, condition, workmanship, or adequacy of flie ' drawings, specifications, constiuction documents, or work. No review, comments Page 4 5/6/2004 reqmrements, or inspection shall relieve Remittee or Pennittees engineers, contractors subcontractors, or consultants from tfie entire responsibility for tiie enors or omission^ in tiie drawmgs, specifications, or constiuction documents, or for tfie quality or adequacy of flie work, ^ ^ 6-4 Permittee's Notification Requirements. a. Pennittee shall contact flie Board Permit Coordinator named in section 1.5 of tiie Basic Perniit Terms prior to flie start of any constiuction work for a markout of Board feciUties. Please be advised tfiat Board is not a member of Dig Alert. b. Pennittee shall contact Dig-Alert at (800) 422-4133 prior to any excavation in tiie Right-of-Way. c Pennittee shall contact MCI Telecommunications Corporation at (888) 258-0808 prior to any excavation in the RigJit-of-Way, 7. Exculpation and Indemnity. 1 Exculpation of Board. Board shaU not be Uable to Pennittee for any damage to Pennittee or Pennittee's property from any cause. Pennittee waives aU daims against Board, BNSF, AMTRAK and tfieir respective directors, officers, employees, and agents for damage to person or property arising for any reason. Pennittee acknowledges tiiat tfie Right-of-Way is used for operation of trains operating at high speeds. 7.2 hidemnity. Permittee hca:eby indrannifies, defends, and holds ttie Board. BNSF AMTRAK, and tiieir respective directors, officers, employees, and agents, hamiless fiom and against any and aU UabiUty or claun of UabiUty, loss or expense, including defense costs and legal fees and claims for damages of whatsoever character, nattire and kind, whetiier duecfly or indirectiy arising fix>m or connected witfi an act or omission of Penmttee, or any anployee, agent, mvitee. contiractor of Pennittee, or otfier person acting by or on behalf of Pennittee on or about tiie Right-of-Way, including, but not Imuted to. Uability. expense, and claims for: bodily injuiy. deatii, personal mjuiy or property damage; provided, however, fliat nofliing herein shall relieve any party ' mdemnified hereunder from Uability to flie extent tiiat such UabiUty arises from such party's sole established negligence or willfiil misconduct. This indemnity shall not require payment of a claim by tiie Board, BNSF, AMTRAK, or any of tiiefr respective directors, officers, employees, or agents as a condition precedent to tiie Board's recoveiy hereunder, Pennittee's obligation to indemnify hereunder shall not be restricted to insurance proceeds, if any, received by Board, BNSF. AlvITRAK, or their respective directors, officers, employees, or agents, 7-3 Delay/Cancellation of Trains. Witiiout limiting flie indemnity set forth in section 7 2 Pennittee agrees to pay aU costs associated witfi ttie dday or cancellation of trains caused by Penmttee. Delay charges are estimated to be $2,000 per passenger ttain delayed over Page 5 5/6/2004 30 minutes and may mclude tiie cost of busing passengers around tiie work area, if necessaiy. MemwityNot Limited to hisuranc^ Coverage. The requirements as to tiie types and hmits of msurance coverage to be maintained by Penmttee as required by section 8 and miy approval ofsuch msurance by Board, are not intended to andshaUnotinanym'anner Imnt or qualify tiie UabiUties and obUgations otiierwise assumed by Pennittee pursuant to tins Pemut, mcluding but not lunited to tfie provisions conceming indemnification. 8. terance. Pennittee. at Pennittee's sole cost and expense, shall procure and maintain ttie following insurance: 8-1 Raihroad Protective Liabilitv Insurance. a RaiUoad Protective LiabiUty hisurance covering tiie operations perfonned by Penmttee or any subcontractor of Pennittee witfun fifty (50) feet vertically or horizontally of raiUoad tracks. b. The AAR-AASHTOaSO/RIMA)OccmTence Fonn (claims-made fonns are unacceptable) shall be issued in tfie names of tiie North San Diego County Transit Development Board. San Diego Northern Raihx)ad, BurUngton Northan Santa Fe Railway Company, and National Railroad Passeng^ Coiporation. c. The Raihroad Protective Liabflity hisurance poUcy shaU have Umits of UabiUty of not less tiian $5 miUion per occunrence, combined single Umit, for Coverages A and B for losses ansing out of injury to or deatfi of all persons, and for physical loss or ' damage to or desti^tion of property, indudmg flie loss of use fliereof. AdditionaUy PoUcy Endorsement CG 28 31 - PoUution Exclusion Amendment, is required to be endorsed onto flie poUcy. A $5 miUion annual aggregate shall apply. d. The original Raiboad Protective LiabiUty hisurance PoUcy must be submitted to NCTD prior to any entiy upon the right-of-way 8.2. Commerdal General LiabiUty Insurance. a. Commercial General Liability hisurance cov^g liability of tiie Pennittee wifli respect to aU opraations to be perfonned and all obligations assumed by tiie Pennittee under tiie tenns of tiiis Pennit Products-completed operations, mdependent contractors, and contiactual UabiUty coverages are to be included, witii tiie contrachial exclusion rdated to constraction/demolition activity witiiin fifty (50) feet of flie railroad and any X-C-U exclusions deleted. b. Coverage for commercial general liability shaU be at least as broad as hisurance Om^^ Commerdal General Liability Coverage (Occurrence Form CG Page 6 5/6/2004 c. TTie commercial general UabiUty policy must name North San Diego County Transit Development Board, San Diego Noribem Raihoad, Burlmgton Nortfiem Santa Fe Railway Company, National Raifroad Passenger Coiporation and flieir respective directors, officers, employees, contiractors and agents as additional msureds. d. Limits ShaU be no less flian two miUion dollars ($2,000,000) per occunence for bodily mjury, personal injury and property damage. If Commerdal General LiabiUty hisurance or otiier fonn wifli a general aggregate limit is used, dtii^ flie general aggregate lunit shaU apply to flie Right-of-Way (wifli tfie ISO CG 2503 or ISO CO 2504. or msurer-s equivalent endorsement provided to Board) or flie getleral aggregate limit shall be twice tiie requnred occunence Umit 8.3 Automobile Liability a Automobile UabiUty insurance covering tiie UabiUty of Penmttee arising out of tiie use of all owned, non-owned, and hked vehides which bear, or are requked to bear license plates accordmg to tiie laws of California and which are not cov^ under the POTnittee's Commercial G«ieral UabiUty msurance. Coverage und^ fliis policy shall have Imuts of UabiUty of not less tiian $2 milUon per occunence, combmed smrfe Imut, for bodily mjury and property damage (mcluding loss of use) liability. b. Coverage shaU be at least as broad as Insurance Services Office Automobile Liabflity Cov^ge (Form CA 0001). covermg Symbol 1 (any auto). -c. The automobile UabiUty policy must name North San Diego County Transit Development Board. San Diego Northem Raikoad, BurUngton Northem Santa Fe Railway Company, National Raikoad Passenger Coiporation and tiiek respective du-ectors, officers, employees, contractois and agents as additional insureds. d. Lunits shaU be not less flian one million dollars ($1,000,000) for bodUy injury and property damage each acddent limit 8.4 Workers' Compensflrion and Employes Liability Insurance. a. Work«^' compensation and employer's liabilify msurance complymg will tfie reqmrements of all applicable laws relating to workers' compensation insurance covenng or msure all of tiie Pennittee's employees working on or about tfie Rieht-of- Way. ^ b. Lintits shaU be no less tiian flian one million dollars ($1,000,000) per acddent for bodily injury and disease. c. By hisylier signattire hereunder, Pennittee certifies tiiat it is aware of tiie provisions of Section 3700 of tfie California Labor Code which requke every employer to be Page 7 5/6/2004 msured agamst Uability for workers' compensation or to undertake sdf-kisurance in accordance witii tiie provisions of tiiat code, and it wiU compfy wifli such provisions m connection with any work perfonned on flie Site. d. Any persons providmg services wifli or on behalf of Pennittee shall be covered by workers' compensation (or qualified self-insurance). 8.5 Policy Fonns. All of tiie msurance shall be provided on poUcy fonns and tiirourfi companies reasonably satisfectory to Board. " . 8.6 AcceptabiUfy of Insurers, hisurance is to be placed wifli msurers havmg a cun^t A.M Best rating of no less tiian A-. Vn or equivalent or as otiierwise approved by Board. 8.7 Evidences and CanceUarion of yng^i^-flnrft a. Prior to entiy on flie Ri^t-of-way, Pennittee shaU file witii flie Pennit Coordmator a certificate oflnsurance for flie commerdal general UabiUty and automobfle UabiUty pohcies reqmred by sections 8.2 and 8.3, wifli an origmal signature of flie msurer's representative. An endorsanent shall be attadied to tiie certificate demonstrating fliat the pohcy was dianged to reflect flie additional msured requirements. b. Each insurance poUcy required by titis clause shaU state or be endorsed to state fliat coyaage shaU not be amended or canceled, except aftea- flikty (30) days prior written notice by U.S. mail has been given to Board. 9. Default: Termitiafinn 9.1 D^dt. If Pennittee uses flie Right-of-Way for any oflier purpose tfian as stated m section 1.4 of tfie Basic Pennit Tenns, or feils to act stticfly in accordance wifli flie terms and conditions of tins Pennit. tiien Board may immediatdy and witiiout prior notice to Pemuttee tenninate fliis Pennit and prevent Pennittee fiom using or remaming upon flie Right-of-Way, wifli or wifliout process of law. hi tiie event fliat Penmttee fails to perfonn any obligation under flus Pennit, Pennittee shall pay aU costs and expenses mcurred by Board m obtammg perfonnance of such obUgations, includmg costs of suk and reasonable attomey's fees. 9.2 Removal of Work. If Puttee fails to complete any work m accordance wifli tiie tenns and conditions of tiiis Pennit, Board may remove such work and restore flie Ri^t-of-Way at tfie expense of Pennittee, and Permittee shall be Uable to Board for all costs and damages occasioned thereby. 9-3 Pennittee's ObUgations on Tennination. Upon tennination of tfiis Pennit, and at Pennittee's sole expense, Pennittee shall remove any and all equipment, tools vehides materials, and oflier personal property, placed on tfie Right-of-Way or used m'connection Page 8 5/6/2004 ^V^f^^ °' "'^ Right-of-way and Permittee shall restore the Right-of-Way in a manner satsfactory to Board. Shoiild Permittee fail or refuse to compty wia toe terms of this section, Board may, at its option, perfonn such woric. Puttee shall remiburse Board for the cost so incurred. Failure on the part of Board to perfomi the obligations of Permittee shall not release Permittee from liability heteund^ for loss or damage occasioned thereby. Continuing Ohlipations of Permittee. No termination or canceUation of this Permit shall relieve or release Permittee from any liability or obligation (whether of indemnity payment of costs, or otherwise) whidi may have attached or accrued previous to or which maybeaccrumgatthetimeofsuchtemiinationorcancellation. orwmcn ^ ^f?' ? ^""^^ ^ ^ °r pemiitted to be given h^eunder sMl be m writing and may be given by personal delivery or by certified cT regrs^edmail, and shaU be deemed sufBcienfly given if deKvered or addressed t^T^t^t &e address m section 1.6 ofthe Basic Pemiit Temis or to Board at North San Diego County TVansit Development Board, 810 Mission Avenue, Oceanside, CA 92054 Attention- Manager of Real Estate. Mailed notices shall be deemed given upon actual receipt at the addres requu-ed, or forty-eight hours following deposit in the mail, postage prepld wlnchever first occurs. Either party may by notice to the other specify a different addiess for nonce purposes. 11. Pj^Ueo'^A^t, Any contractor or subcontractor perfonmng work on. or in comiection wifli flie Pennittee's use of or entty onto tiie Right-of-Way pursuant to fliis Pennit shall be ^clusivdy deemed to be flie servant and agent of Pennittee, acting on bdialf and wifliTtfie scope of sudi contiractor-s or subconttactor's employment for Pennittee. 12. Board Ag^ts. Except as oflierwise provided m flus Pennit, flie terni Board shall mclude Board's staff and employees, 13. Board Contacts. Ike Board Pennit Coordmator named m section 1.5 serves as a Uaison between Board steff and Pennittee to assist Board staff m tiie coordination of flie reviews approvals, and schedulmg of Boanl activities m connection wifli fliis Pemiit The Board ' Permt Coordmator does not have flie aufliority make agreanents on behalf of Board or bind Board to any decision. Covenant of Non-Discrimination. Pennittee covenants for itsdf. and its successors and assi^, and aU persons dakning under and flirough Pennittee, fliat fliere shall be no discnmmation or segregation of any person or group of p^ons on account of sex, marital statiis, race, color, creed, reUgion, national origin, or ancestiy m flie sale, lease, sublease tiransfer. use, occupancy, tenure or enjoyment of any portion of flie Right-of-Way. 15. No Pynet-sHp Toint Venture or Prindpal-Agent Relationship Notiiing contained ki tiiis Pemut shall be deemed or consttued to create tfie relationship of principal and agent or of jomt ventiire, or of partnership between Penmttee and Board. Page 9 5/6/2004 16. General Provisions. 16.1 No Furtfier Rights a. This Pennit constittites a pennit only to enter upon and use flie Right-of-Way for flie puipose set forth m section 1.4 of tfie Basic Pennit Tenns and shall not be consttued as granting to Penmttee any right-of-possession, estate, tifle or mterest whatsoev^ m or to flie Right-of-Way, or any part ttiereof b. Pramittee hereby acknowledges ttiat it has been mfonned ttiat Board is a pubUc entity and that tiie subject property has previously been acqukcd by Board for a pubUc purpose. Pennittee fiirther acknowledges tfiat any rights acquked under flus Pemut arose after tiie date of acquisition of flie subject property and tiiat sudi nghts are subject to tenmnation when flie property is needed by Board for flie public purpose. Pemuttee herdjy acknowledges and agrees ttiat at flie time of tenmnation of flus Pennit by Board, Pennittee will not be a "displaced person" enttfled to any of flie relocation assistance or benefits offered to displaced peisons under State or Federal law. t«>x*"u:» 16.2 Modification of Pennit This Pennit and any provision, covenant, condition, or restiiction contamed b^ein may be extended, modified, or amended wifli flie unions consent of flie Parties. No such extension, modification or amoidment wfll be ^echve until a written msttument setting forth its tenns has been executed by Board and Permittee, ^ "woiu 16.3 Captions The captions oftius Pennit are kis^ only as ajnatter of conveni^ce and for refeimce. It does not define, limk or describe tiie scope of mtent of fliis Pennit and flieyshaU not affect the interpretation tiiereof. l^-"^ Assent for Exdusive Benefit of Parties Except where expressfy provided otiierwise m tfus Penmt. tfie provisions of tiiis Pennit are for tiie exclusive benefit of flie Parties hereto and not for flie benefit of any oflier person nor shall fliis Pennit be deemed to have confened any rights, express or knpUed. upon any otiier person. Ndflier Penmttee. its hens, legal representatives, successors or assigns, nor any subsequent assignee, shall assign tiiis Pennit or any mterest herem, witiiout firat securing tiie wnto consent of Board m each mstance. and tiiat at flie option of Board, tius Pennk shall be forfeited by any such unautiiorized assignment, fransfer or lease or by any assignment or ttansfer thereof by operation of law. 16.5 Waiver of Default A waiver by any Party of any defauh by anotiier Party must be m wnting, and no such waiver shaU be implied from any omission by a Party to take any action m respect of such default No express written waiver of any defeuU shall affect any default or cover any period of time otfier tfian tiie default and period of time specified in such express waiver. One or more written waivers of any defeult in tiie Page 10 5/6/2004 p^oimance of any provision of fliis Perniit shall not be deemed to be a waiver of any subsequent defeult ki flie perfonnance of tiie same provision or any otiier tenn or provisions contamed herein. The consent or approval by a Party to or of any act or request by anotiier Partyrequkmg consent or approval shall not be deemed to waive or render unnecessary tiie consent or approval to or of any subsequent smiilar acts or requests. 16.6 Successors. This Pennit shall be bindmg upon and mure to tiie benefit of tfie parties hereto and fliek respective successors and assigns of ttie parties. 16.7 GovcmmgLaws. Tkis Pennit shall be construed, mteipreted. governed and enforced m accordance witii flie laws of ttie State of California. 16.8 Tune of Essence. Time is of ttie essence witti respect to ttie perfonnance of each of flie covenants and agreements contakied in this Permit 16.9 Severability. If any clause, sentence, or otfier portion of flie tenns, conditions covenants, and resfrictions of tiiis Parmk becomes or is declared to be iUegal null or void for any reason, or be hdd by any court of competent jurisdiction to be so tiie r^aining portions of tius Permk wfll remain m foil force and effect. Emergency Number. Permittee shall immediatefy notify the Dispatcher at the EmerEencv Number set forth in section 1.7 if the tracks become fouled in any way. NORTH SAN DIEGO COUNTY Pennittee- TRANSrr DEVELOPMENT BOARD ^r- By:__ Karen H. King Executive Dkector Titie: Page 11 5/6/2004 EXHIBIT 6 Description of Carlsbad-Phase I Coastal Rail Trail Variance EXHIBIT 6 COASTAL RAIL TRAIL CARLSBAD/PHASE I VARIANCE This variance was approved by tiie NCTD Board of Dkectors on April 15, 2004. Variances As set forfli in the Carlsbad-Phase 1 Coastal Rail Trail Variance Request Package, dated March 17,2004. tiie City of Carlsbad is requesting variances for tiie foUowing four (4) items: Inclusion ofthe existing dramage ditch withm tiie proposed CRT easanent; EstabUshment of tiees within the proposed CRT easement; Placranent of benches witfiki the proposed CRT easement; and EstabUshment of a one-way trail portion near Tamarack Avenue, Indusion of Existing Dramage Ditch The City is requesting a 2-foot variance from GuideUne Section 6.2.1. Track Foo^rmt, for tiie entire lengtfi of tiie Carlsbad - Phase 1 bike tirail so as to mclude an existing dramage ditch mto a 37-foot wide bflcetiail easement In fliis portion oftiie NCTD raUroad right-of-way-Board PoUcy and Guidelme Section 6.2.1 dictate tiiat a 65-foot Operating Right-of-Way cl'ear zone be estabUshed on eitfier side of tfie existing ttack centerline for tiie fott^e 20-year krmrovement Envelope and ttie pp^ng Right^of-Way Track Footprint, which provides for: a) tiie horizontal distance between centerlmes of flie existing smgle ttack and a foture double ttrack; b) ttackbed and ti-ainmen's walkway section; c) embankment slope; d) maintenance/emergency access road/work staging area; and e) drainage ditch. Board Policy also sets forth m Resolution No. 03-06, Section 1(a) tiiat, "the Rail Trati should be located as far from tiie ttacks as practicable." As such, flie Cityof Carlsbad Phase 1 Variance Request Package should have provided for a variance request firom tiie Board PoUcy set forth m Section 1(a) as it is practicable to mamtam flie entke alignment of flie bike ti^l wiflun a 35-foot easement, which would be outside of flie NCTD Operating Right-of-Way footprint alongside flie eastem edge of flie nght-of-way Une. To be in compUance witii Board PoUcy. Section 1(a) would dictate tiiat the City redesign tfie bike frail aUgnment to be located outside of tiie NCTD Operating Right-of-Way witiim a 35-foot easement. The total widtii ofthe NCTD raikoad right-of-way ki tfiis location is 200-feet, witii approximately 100-feet existing on eitfier side of tiie existing single h-ack centerline. Witii a 65-foot clear zone being requked on the east side of tiie existmg track, and after consulting witii CMa295871.1 the Real Estate and Security Departments for potential conflicts, the 35 feet located to the eastem edge of the raihoad nght-of-way was detemoined to be "remaining NCTD right-of-way^ Althou^ an med easement agreement is aheady in place between NCTD and the City of Carlsbad for fhe existmg storm drain system and the maintenance thereof the City mdica^ Lt tS^'wr™'' °^''"!f S«='i°'i6-21 ^0 as to mclude the existmg drataa^^S £ me bike trail e^emen would produce significant benefits for the bike traitcity, andNCTO One such benefit would be the enabling of Qty mamtenance persomiel to ^^cei the exfetog storm dram inlets would prevent City crews fiom bemg exposed to NCTD oper^onal movements wiftm the Operating Right-of-Way, and thus decrease risks associated with such exposmg. NCTO acknowledges that City flaggmg costs associated with the mainte^ce rffte stonn dram system would also be avoided should such mamtenance be conducted fiom the bike ofthe bike trail from leavmg the easement area and interfaing with NCTD operations. fw?f design process, and in the initial Variance Request Package, the Cify requested provided for a 40-foot wide easement, which would have encroached 5-feet mto the NCTD th^ • Th^'ughout the design process NCTD made known their conc^i; to T^^^f^SS"^.™** ^ encroachment and upon receipt ofthe Variance Request Package on Mart* 17 2004 reteated such concems to the City. Since then, NCTD and fee Qty of Calsbad have held numerous discussions so as to reach an agreement as to the finalized content ofthe Carlsbad-Phase 1 Variance Request Package. "juicnt oi me looks to p^ervet^e space necessary for safe and efScient raihoad ops^ons, , boftfor what IS needed tod^. and m the reasonably foreseeable futuie over the nex^ 20 year^ NCTD a^ looks to mute efforts with the City m developmg solutions that are acceptableto both p^es. After mudi discussion, NCTD and the City of Carlsbad have come to an a™^°thar a 2-foot vanance«7-foot easement wifi provide for NCTD's raihoad operational nSs, as well as Cify mtarests associated with the mamtenance ofthe existing storm drain system. The aty has smce amended their van^ce request to provide for a 2-foot variance fiom CJuideline Section 5.2.1, which would provide for a 37-foot wide easement. ^ecnon Per Resohition No 03-06 variances may be granted for special circumstances apphcable to specific portiorui ofthe Right-of-Way. One such circumstance mentioned in RtSXtion No. 03-06 IS where mitigation measures could be provided to mifigate safefy and rail operation issues. Under aese special cncumstances, the portion of NCTD raihoad right-of-way at issue m fhe Carlsbad-Phase I Vanance Request Package is 200-feet in width. As sLch, NCTD™ aT consframed m this locafion as it would be in ofher instances along the raihoad right-of-wav where the width may be less than 200-feef. NCTD has detemimed that fhe incre^ed safety of • '^^T' '^'"^ assmnption of responsibility CMa29587M ? ^ordance wifli Resolution No. 03-06, a 2.foot variance wiU be granted pendkig approval of ftie North San Diego County Transit Development Board of Dkectors during tiiek At^T 15 2004 foil Board meeting, from Guidelme Section 6.2.1 Track Footprint for flie 0.70-mile Carlsbad - Phase 1 vanance segment fiom Oak Avenue to Tamarack Avenue. The validity of tiiis variance ^ contingent upon sttict adherence to tiie foUowing conditions and agreements that were reached durmg vanance process meetings and discussions between NCTD and the City of Carlsbad: 1. As is set forth ki tiie Variance Request Package, dramage fiom tiie remakimg raikoad nght-of-way wfll be tiie responsibiUty of, and mamtamed by, flie City The existing stonn dram system wiU continue to accept and maintam'dramage from flie area of flie proposed easement, remaimng NCTD property, and from' areas adjacent to NCTO property. 2. As is set forth in the Variance Request Package, tiie existing dramage ditch and associated stonn dram system wifl be tfie responsibiUty o^ and mamtamed by the city. 3. As is set fortii m tfie Variance Request Package, stonn drain inlets will be mspected once a montii and aft;^ each stoim event as outikied m tfie project's storm water pollution prevention plan. 4. As is set forth m tfie Variance Request Package, inspection wiU locate obstructions or standmg water and will requke hnmediate action if found. 5. As is set forth m tiie Variance Request Package, dafly Utter contiol wiU be requked under the City Stonnwater Management Plan. 6. As is set forth m tiie Variance Request Package, tiie activities of stonn dram mspectjpft and ni?untenance would occur behmd tiie welded wke mesk fence separating tiie bike ti^l from tfie NCTD operational area, flms preventing mterference between City mamtenance personnd and NCTD rail operations. 7. As is set fortii m tiie Variance Request Package. NCTD access ki flie vicmity of Tamarack Avenue wiU be mamtained tiirough tfie relocation of tiie existing maintcnance-of-way driveway and gate by the City. 8. As is set forth in tiie Variance Request Package. NCTD access along tiie lengtti of the bike tirail wiU be mamtamed tiuough tiie mclusion of access gates at regular mtervals along tiie proposed fence line by tfie City. 9. As is set forth in tiie Variance Request Package, tfie existing NCTD access at Oak Avenue will not be altered by tfie constiiiction of tiie bike ttafl or tiie acquisition of the proposed variances. 10. If at any time any portions of tfie bike frail knpede NCTD operational activities tiie City wiU be responsible for conecting tiie sittiation to fhe satisfaction of ' NCTD according to flie procedures set forth in the Easement Agreement. EstabUshment of Trees The City is requesting a variance from past NCTD plan review comments so as to aUow for ttee estabhshment witiiin the proposed CRT easement The City is proposmg to locate 25 New CMC\295871.1 feSb^^^t(Mettosideros Bxcelsa) within fhe CRT easement, lie variance request sete forth fhaf this proposed free fype grows to be 20-feet high with a 12- to 15-foot wide cano^ ^ ^« Cify proposes to plant the frS^ to '^'^ east ofthe proposed CRT easement boundary, which would be approximafefy 95-feet east ofthe nearest track centerhne. ^ SL^T^^ wi& Resolution No. 03-06, a variance will be granted pending approval ofthe Nora San Diego Counfy Transit Development Board of Directors during their April 15r20M conditions and agreements: 1. As is set forth kl flie Variance Request Package, all 25 proposed New Zealand Chnstmas ti^s shall be planted on tfie east side of flie proposed CRT bike trail and easement boundary. 2. As is set forth kl flie Variance Request Package, should flie proposed frees grow to such a size fliat tfiek debris mterferes wifli NCTD maintenance activitieslnd/or operations, flie City would remove such ti:ees at NCTD's request wifli any associated costs being home by the City. As is set forth in the Variance Request Padcage. flie proposed ttee type grows to be 20-fec* m height As such, flie height of flie 25 proposed New Ze^aud P^^fTo^T ^ ^tamed by tiie City to r^am at or below a maxunum Height of 20-feet. The br^ches of tiie 25 frees shaU not extend over tiie verticalplane of flie westem toits of flie easem^t boundary, flie bike frafl fence, which separates flie bike ttail &om me remainder of flie raikoad right-of-way. Placement of Benches The City is requ^tmg a variance fiom pastNClD plan review comments so as to allow for flie placement of eight (8) benches wiflun tiie proposed CRT easement, as is set forth ki "ExMbit A" of flie Carlsbad - Phase 1 Variance Request Package, dated March 17.2004. kL accordance wilk Resolution No. 03-06, a variance wiU be granted pendkig approval of tiie Norfe San Diego County Transit Development Board of Dkectors during thdr April 15 2004 foil Board meeting, for ttie placement of eight (8) benches witiun the CRT easement Tbe validity of flus vanance is contingent upon sttict adherence to flie foUowmg conditions and agreements: 3. 4. 1. As IS set forth m flie Variance Request Package, NCTD requested that the City design such benches to be of a suffident mass and fixity so as to prohibit tiieir movement mto the NCTD Operating Right-of-Way. As such, flie Qty has set forth m tiie Vanance Request Package that tfie dght (8) proposed benches shall weigh approxunately three (3) tons each, includmg a mne (9) -foot by tiiree f3>- foot base weighing 1.6 tons. CMC\295a71.1 2. As w^ rec^tly discussed with fhe Cify all eight (8) proposed benches shall be located on the east side ofthe proposed CRT bike frail and easement bomidary As such, the two (2) benches proposed to be located on the west-side ofthe trail af Se Sf "^^"^^ redesigned to be located on fhe east-side of 3. As is set forth in the Variance Request Package, proposed benches shall not have any loose parts, and construction joints shall be secured with remforcing steel. 4. As is set forth in the Variance Request Package, vagrancy that should occur in the rf3e°Sk ' ''^ rmtigated by the Cify thiough fhe provision Establishment nf a One-Wav Trail Portion ^e Cify is requesting a variance from past NCTD plan review comments so as to estabHsh a short one-way portion of the bike trail, termed "SBl", m the vicmify of Tamarack Avenue SBI ci'Trt ' 'Vf' "^^'^^ p^"" ^""^"^"^^^^ side or™s™ closest to the laUroad fracfa, which would stem from fhe bike trail's mam aligmnent along ™ eastem edge of fhe right-of-way. "Kuuugme Board Policy set forft in Resolution No. 03-06, Section 1(a) states that, "the Rail Trail should be located as f^ from the tracks as practicable." As such, the afy of CaZsbad -pTaseTv" , r'^^ • ^l", ^""^'^^ ^ ''^'^^ ^"^t *e Board Pohcy set forth m Lr^if*^ ^u^ IS practicable to mamtain the entire ahgnment ofthe bike trail along fhe ^tS, ftf r;^^"^ J^'""''- ^° 'Z'^r"'^^'^ ^* ^"'^ Section 1(a) would dicta^S theCrfy redesign toe one-way frail portion termed SBI so that the entire bike trail is located — along the eastem edge ofthe right-of-way. '"»-aicu " "^f ^"^""'^ ^'^T' ^^""^S' °°^^y Pertion termed SB! is mteided to phj^icaUy ~age southbound frail bicycle users to reduce their speed before cormng to the tail's mid-blook termmation at Tamarack Avenue. The alignment of SB 1 is favored by the Qty of Carlsbad TrafSc Engineering Department as it is i^ed to promote safefy amongst southbound frail bicycle users. The Cify states that accidents have occurred in smular locafions elsewhere m Carlsbad, where bicycle riders enter a roadway uncontrolled. The VananceReqnestPackageproposesthatfheseipentinesouthbomid frail design ofSB 1 willatet southbound bicycle nders to become aware ofthe changed conditions he/she will encomZ S the'Llr ' hitersection and encourage them to slow down and stop before Per Resolution No 03-06, variances may be granted for special circumstances applicable to ^ecific portions ofthe Righf-of-Way. One such circumstance mentioned in Resolution No^ 03-06 IS Where a short or mmor variance would produce significant benefits for the Rail Trail Upon review of this variance request, NCTD supports fhe Cify of Carlsbad TrafSc Engineerine Department's position that the proposed ahgmnenf of SBI would promote safefy amonKt southbound frail users. While NCTD fakes no position as to fhe soundness of flie proposed SBI design m relation to frail user safefy, NCTD does take the position that under these special CMa295871.1 circumstances a short 195-foot variance from Board Policy would have tiie potential to produce significant benefits for tiie rail trail and its users. In accordance witii Resolution No. 03-06, a variance wiU be granted pendmg approval of tiie Norfli San Diego County Transk Devdopment Board of Dkectors during tiiek April 15.2004 iiill Board meeting, for the estabUshment of tiie 195-foot one-way trail portion tenned "SBI" m the vicmity of Tamarack Avenue wifliin flie CRT easement, as is set forth m "Exhibit A" of flie Carlsbad - Phase 1 Variance Request Package, dated March 17,2004. These variances become effective on tiie date of approval by tiie North San Diego County Transit Devdopment Board. Notice of flie action taken by the Board durmg tiiek April 15 2004 foil Board meeting wiU be provided to you. ' Since January, 2004, NCTD and flie City of Carlsbad have held numerous meetings and discussions so as to reach an agreement on tbe finaUzed content ofthe Carlsbad - Phase 1 CRT Variance Request Package. NCTD would Uke to fliank tfie City of Carlsbad, and particularly Lloyd Hubbs, for tiie level of cooperation and coordmation fliat has been provided during tiie past few weeks of the variance request process. NCTD joins tiie City of Carlsbad in ttiek antidpation for tiie constiuction ofthe Carlsbad-Phase 1 Coastal Rail Trafl and looks forward to similar cooperative efforts witti tiie City on on-going and foture projects. Sincerely. Karen H. King Executive Dkector, NCTD ' - ' cc: Lloyd Hubbs. PubUc Works Dkector, City of Carlsbad Tom Lichtennan, Dkector of Rail Services, NCTD Kate Stonelake. Rail Project & Envkonmental Coordmator, NCTD CMC:\295871.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA. APPROVING THE EASEMENT FOR RAIL TRAIL FOR COASTAL RAIL TRAIL PHASE I WITH NORTH COUNTY TRANSIT DISTRICT. AND AUTHORIZING THE P^^VE'c^^g^ig^ ^^^^^-^^ -^HE E^^^iME^N^ WHEREAS, the City Council of the City of Carlsbad. California, has determined it necessary, desirable, and in the public interest to construct the Coastal Rail Trail Phase I; and WHEREAS. A portion of the Coastal Rail Trail will be constructed and operated on land controlled by North County Transit District; and WHEREAS. North County Transit District and the City of Carlsbad have negotiated an easement for the portion of the rail trail in North County Transit District right-of-way; and WHEREAS, the North County Transit District approved the Easement for Rail Trail at a regular meeting May 6, 2004; and NOW THEREFORE, BE IT RESOLVED by fhe Cify Council of the City of Carlsbad, California, as follows 1. That the above recitations are true and correct. 2, That the Easement for Rail Trail between North County Transit District and the City of Carlsbad is hereby approved. Ill ffl ffl III RECEIVF III III JAN 26 2005 III III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the Public Worl<s Director is hereby authorized to execute the Easement for Rail Trail on behalf of the City. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the _^8th day of JANUARY 2005 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ABSTAINED:/ Ooxjf&jdX Member Hall CLAUDE A.LEWIS, Mayc t4ATT HALL, Mayor Pro Tfm ATTEST: LORRAINE M. W006(, City Clerk ' ' dz: 7 (SEAL) APPENDIX D STORM WATER MANAGEMENT PLAN APPENDIX E POST CONSTRUCTION BMPs APPENDX F MAINTENANCE CONTRACT SPECIFICATIONS MANNER OF PERFORMING SERVICES PART I - GENERAL SPECIFICATIONS I. 00 GENERAL REQUIREMENTS 2 2.00 TRAIL SYSTEM TO BE MAINTAINED 3 3.00 PAYMENT AND INVOICES 3 4.00 ENFORCEMENT, DEDUCTIONS AND LIQUIDATED DAMAGES 4 5.00 INSPECTIONS, MEETINGS, & REPORTS 5 6.00 EXTRA WORK 6 7.00 CONTRACTOR'S DAMAGES 6 8.00 COMMUNICATIONS AND EMERGENCY RESPONSE 7 9.00 SAFETY 8 10.00 TRAFFIC CONTROL 9 II. 00 HOURS AND DAYS OF MAINTENANCE SERVICES 9 12.00 MAINTENANCE SCHEDULES 9 13.00 CONTRACTOR'S STAFF AND TRAINING 10 14.00 NON-INTERFERENCE - NOISE 11 15.00 USE OF CHEMICALS 11 PART II - TECHNICAL SPECIFICATIONS 16.00 MOWING 12 17.00 TURF AND GROUND-COVER EDGING 12 18.00 AERIFICATION 13 19.00 RENOVATION 14 20.00 WATERING AND IRRIGATION 14 21.00 IRRIGATION MAINTENANCE, REPAIR and TESTING 15 22.00 FERTILIZATION 17 23.00 WEED CONTROL 17 24.00 TREE, SHRUB AND GROUNDCOVER MAINTENANCE 18 25.00 MULCHING 20 26.00 DISEASE and PEST CONTROL 20 27.00 PLANT MATERL\LS 21 28.00 LITTER, LEAF, and DEBRIS CONTROL 22 29.00 MAINTENANCE FREQUENCIES 23 EXHIBIT B - CONTRACTOR'S WORK FORCE 24 EXHIBIT C - GUARANTEE 27 EXHIBIT D - Inspection Rating Form 28 PARTI GENERAL SPECIFICATIONS 1.00 GENERAL REOUIREMENTS 1.01 The premises shall be maintained with a crisp, clean appearance and all work shall be performed in a professional, workmanlike maimer using quality equipment and materials. 1.02 CONTRACTOR shall provide the labor, materials, equipment, tools, services and special skills necessary for the provision of grounds and landscape maintenance services, except as otherwise specified hereinafter. The premises shall be maintained to the highest of standards at no less than the fi^equencies set forth herein. 1.03 CONTRACTOR is hereby required to render and provide landscape and grounds maintenance services including, but not limited to; shaping, trimming and training of trees, shrubs and ground cover plants; fertilization; cultivation; weed control; control of all plant diseases and pests; sweeping; irrigation and drainage systems; litter pick up; removal of illegal dumps; plant replacement and all other maintenance required to maintain an attractive trail system. 1.04 Upon commencement of work under this CONTRACT, CONTRACTOR shall be fiilly equipped and staffed; thoroughly familiar with CONTRACT requirements and prepared to provide all services required. Failure to provide foil services fi'om the first day of work under this CONTRACT may result in deductions fi'om payment. 1.05 CONTRACTOR shall be responsible to correct any maintenance deficiencies, which may exist upon commencement of work under this CONTRACT. CONTRACTOR may, within ten days of issuance of NOTICE TO PROCEED, provide a letter of protest for consideration by the CONTRACT ADMINISTRATOR detailing any substantial changes in conditions or substantial changes in maintenance deficiencies that occurred between the close of the BID PERIOD and the NOTICE TO PROCEED, and requesting compensation for correction of said deficiencies or due to said changes. 1.06 CONTRACTOR shall, during the term of this CONTRACT, respond to all emergencies, to tiie satisfaction ofthe CONTRACT ADMINISTRATOR, within one (1) hour of notification. 1.07 The CONTRACTOR shall perform a weekly maintenance inspection during daylight hours of all areas within the premises. Such inspection shall be both visual and operational. It shall include operation of all irrigation systems to check for proper condition and reliability. CONTRACTOR shall take immediate steps to correct any observed irregularities, and submit a written report regarding such circumstances to the CONTRACT ADMINISTRATOR. 1.08 CONTRACTOR shall clearly identify and equip each vehicle used at said trail system with decals on the exterior right and left fi-ont door panels identifying the CONTRACTOR'S name, address and phone number. 1.09 CONTRACTOR shaU report to the CONTRACT ADMINISTRATOR all observations of: graffiti and other vandalism; illegal activities; transient camps; missing or damaged equipment or signs; hazards or potential hazards. 2.0Q TRAILS TO BE MAINTAINED 2.01 The trails to be maintained imder the provisions of this CONTRACT are located at the following areas: CARLSBAD BOULEVARD fi-om southem City boundary to Avenida Encinas AVENIDA ENCINAS fi'om Carlsbad Boulevard to tiie Poinsettia Coaster Station NCTD RIGHT OF WAY fi-om Oak to Tamarack 2.02 CONTRACTOR acknowledges personal inspection of the trail system and the surrounding areas and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the premises in their present physical condition, and agrees to make no demands upon CITY for any improvements or alterations thereof 3.00 PAYMENT AND INVOICES 3.01 The CONTRACTOR shall present monthly invoices, for all work performed during the preceding month. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to be paid by the CITY for all services rendered by the CONTRACTOR under the terms and conditions of this CONTRACT. Said payment shall be made within thirty (30) days upon receiving the invoices, providing that all work performed during the preceding month has been inspected and accepted by tiie CONTRACT ADMINISTRATOR and that applicable certifications have been submitted in accordance with the provisions of this CONTRACT. 3.02 Invoices for approved Extra Work shall be in a format acceptable to the CONTRACT ADMINISTRATOR, including attachments, such as copies of suppliers' invoices. which the CONTRACT ADMINISTRATOR may require to verify CONTRACTOR'S billing. Invoices for Extra Work shall be submitted on separate invoices. Unless otherwise requested by the CONTRACT ADMINISTRATOR, one invoice shall be submitted for each discrete and complete item of Extra Work. 3.03 Unless otherwise provided, invoices for Materials for approved Extra Work may include a mark up of 15%, to cover CONTRACTOR'S overhead, handling, and the like, related to the provision of said materials. Such invoices shall be presented along with copies of suppliers' invoices. 3.04 Rental Equipment for Extra Work shall be invoiced at CONTRACTOR'S cost. Such invoices shall be presented along with copies of suppliers' invoices. 3.05 In the event the CITY transfers titie or maintenance responsibility of the premises or a portion thereof, this CONTRACT shall continue in foil force and effect, except said portion, at the discretion of the CONTRACT ADMINISTRATOR, may be deleted from the premises to be maintained and the CONTRACT sum shall be reduced accordingly. 3.06 The CONTRACT ADMINISTRATOR may, at his discretion, add new portions ofthe trail system to be maintained and/or require additional services. The CONTRACTOR shall be compensated for the additional trails or services that are designated after the date of the commencement of this CONTRACT based on the submission of an approved maintenance bid, consistent in all respects with this CONTRACT, and shall contain all information as required in the REQUEST FOR BIDS. The bid cost shall not exceed the cost to provide maintenance for similar trail systems being maintained under tiiis CONTRACT. 3.07 Additional compensation may be authorized at the discretion of the CONTRACT ADMINISTRATOR, subject to CITY budgetary conditions, for work deemed necessary by the CONTRACT ADMINISTRATOR due to extraordinary incidents or circumstances. 4.00 ENFORCEMENT. DEDUCTIONS AND LIQUIDATED DAMAGES 4.01 The CONTRACT ADMINISTRATOR shall be responsible for tiie enforcement of this CONTRACT on behalf of CITY. 4.02 The CONTRACT ADMESTISTRATOR shall prepare and implement an INSPECTION RATING SYSTEM to be used to verify montiily payments and deductions fi'om payments (see sample rating system as Appendix B). This form and system may be modified at the discretion of the CONTRACT ADMINISTRATOR. The CONTRACTOR agrees to be so evaluated by said system and bound by the ratings and/or deductions from payments indicated in the monthly INSPECTION RATING SYSTEM report. 4.03 If, in the judgment of the CONTRACT ADMINISTRATOR, CONTRACTOR is deemed to be non-compliant with the terms and obligations of the CONTRACT, the CONTRACT ADME^JISTRATOR, may, in addition to otiier remedies provided herein, withhold the entire monthly payment, deduct pro-rata from CONTRACTOR'S invoice for work not performed, and/or deduct liquidated damages. Notification of the amount to be withheld or deducted from payments to CONTRACTOR will be forwarded to the CONTRACTOR by tiie CONTRACT ADMINISTRATOR in a written notice describing the reasons for said action. The monthly INSPECTION RATING SYSTEM report shall constitute reason for any deductions so imposed. 4.04 The parties agree that it will be impracticable or extremely difficult to fix the extent of actual damages resulting from the failure of the CONTRACTOR to correct a deficiency within the said specified time frame. The parties hereby agree that a reasonable estimate of such damages is One Hundred Fifty Dollars ($150.00) per day per h-ail area as described in Section 2.01. CONTRACTOR shall be Uable to CITY for liquidated damages in said amount. Said amount shall be deducted from CITY's payment to CONTRACTOR; and/or having given five (5) calendar days notice to the CONTRACTOR to correct tiie deficiencies, if after said 5 days the CONTRACTOR fails to complete the required corrections, CITY may correct any and all deficiencies using alternate forces. The total costs incurred by completion of the work by altemate forces will be deducted and forfeited from the payment to the CONTRACTOR. 4.05 The action above shall not be constmed as a penalty but as adjustment of payment to CONTRACTOR to recover cost or loss due to the failure of tiie CONTRACTOR to complete or comply with the provisions of this CONTRACT. 5.00 INSPECTIONS, MEETINGS. & REPORTS 5.01 CITY reserves the right to perform inspections, including inspection of CONTRACTOR'S equipment, at any time for the purpose of verifying CONTRACTOR'S performance of CONTRACT requirements and identifying deficiencies. 5.02 The CONTRACTOR or his authorized representative shall meet with the CONTRACT ADMINISTRATOR or his representative on each site at the discretion and convenience of the CONTRACT ADMINISTRATOR, for walk-through inspections. All routine maintenance fimctions shall be completed prior to this meeting. 5.03 At the request ofthe CONTRACT ADMINISTRATOR, tiie CONTRACTOR, or his appropriate representative, shall attend meetings and/or training sessions, as determined by the CONTRACT ADMINISTRATOR, for purposes of orientation, information sharing, CONTRACT revision, description of CITY poHcies, procedures, standards, and the like. 5.04 CONTRACTOR shall provide to the CONTRACT ADME^JISTRATOR such written documentation and/or regular reports as the CONTRACT ADMINISTRATOR deems necessary to verify and review CONTRACTOR'S performance imder this CONTRACT and to provide to tiie CONTRACT ADME^JISTRATOR pertinent information relative to the maintenance, operation, and safety of the trail systems. 6.00 EXTRA WORK 6.01 The CITY may award Exti-a Work to the CONTRACTOR, or to other forces, at the discretion ofthe CONTRACT ADMINISTRATOR. 6.02 If the CONTRACT ADMINISTRATOR determines that the Exfra Work can be perfonned by CONTRACTOR'S present work force, CONTRACT ADMINISTRATOR may autiiorize modification of tiie CONTRACTOR'S Routine Operations Schedule or Annual Calendar in order to compensate CONTRACTOR for performing said work. 6.03 Prior to performing any Extra Work, the CONTRACTOR shall prepare and submit a written bid including a description of the work, an estimate of labor and materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR'S bid by tiie CONTRACT ADMINISTRATOR 6.04 In the event tiiat CONTRACTOR'S BID for Exti-a Work is not approved, the CONTRACT ADMINISTRATOR reserves tiie right to perform such work with other forces 6.05 When a condition exists which the CONTRACT ADMINISTRATOR deems urgent, flie CONTRACT ADMINISTRATOR may verbally authorize the work to be performed upon receiving a verbal estimate from the CONTRACTOR. However, within twenty-four (24) hours after receiving a verbal authorization, the CONTRACTOR shall submit a written estimate, consistent with the verbal authorization, to the CONTRACT ADMINISTRATOR for approval. 6.06 All Extra Work shall commence on the specified date established and CONTRACTOR shall proceed diligentiy to complete said work within the time allotted. 7.00 CONTRACTOR'S DAMAGES 7.01 All damages incurred to tirail system by the CONTRACTOR'S operation shall be repaired or replaced, by the CONTRACTOR or by other fotces, all at the discretion ofthe CONTRACT ADMINISTRATOR, all at the CONTRACTOR'S expense. 7.02 All such repairs or replacements, which are directed by the CONTRACT ADMINISTRATOR to be done by the CONTRACTOR, shall be completed within the following time limits. A. Irrigation damage shall be repaired or replaced before the next scheduled watering cycle. B, All other damages to landscape, fence, appurtenances or trail hardscape shall be repaired or replaced within five (5) working days. 7.03 Damaged trees and shmbs shall be repaired or replaced in accordance with the following maintenance practices: A. Trees: Minor damage such as bark lost from impact of mowing equipment shall be remedied by a qualified tree surgeon or arborist. If damage results in loss or significant compromise to the health or quality of a tree, the damaged tree shall be removed and replaced to comply with the specific instmctions of the CONTRACT ADMINISTRATOR. B. Shmbs: Minor damage may be corrected by appropriate pruning. Major damage shall be corrected by removal and replacement of the shmb. 7.04 Damaged fences shall be 8.00 COMMUNICATIONS AND EMERGENCY RESPONSE 8.01 The CONTRACTOR shall, during the term of this CONTRACT, maintain a single telephone numben toll free to a San Diego region area code, at which the CONTRACTOR or CONTRACTOR'S responsible employee may be contacted at any time, twenty-four hours per day, to take the necessary action regarding all inquiries, complaints and the like, that may be received from the CONTRACT ADMINISTRATOR or other CITY personnel. For hours beyond a normal 8 AM to 5 PM business day, an answering service shall be considered an acceptable substitute for foil time twenty-four hour coverage, provided that the CONTRACTOR responds to the CITY by retum call within one hour of the CITY's original call. 8.02 Whenever immediate action is required to prevent possible injury, death, or property damage, CITY may, after reasonable attempt to notify the CONTRACTOR, cause such action to be taken by altemate work forces and, as determined by the CONTRACT ADMINISTRATOR, charge the cost thereof to the CONTRACTOR, or deduct such cost from any amount due to the CONTRACTOR. 8.03 All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction ofthe CONTRACT ADMINISTRATOR. If any complaint is not abated within 24 hours, the CONTRACT ADMEMISTRATOR shall be notified immediately of the reason for not abating the complaint followed by a written report to the CONTRACT ADMINISTRATOR witiiin five (5) calendar days. If the complaints are not abated within the time specified or to the satisfaction of the CONTRACT ADMINISTRATOR, the CONTRACT ADMINISTRATOR may correct the specific complaint and the total cost incurred by the CITY will be deducted and forfeit from payments owing to the CONTRACTOR from the CITY. 8.04 The CONTRACTOR shall maintain a written log of all communications, the date and the time thereof and the action taken pursuant thereto or the reason for non-action. Said log of complaints shall be open to the inspection of the CONTRACT ADMINISTRATOR at all reasonable times. 8.05 CONTRACTOR'S supervisor and foreman shall carry digital pagers with local San Diego region area code. Supervisor and foreman shall respond to any page from the CITY within ten minutes at any time, 24 hours per day. The CITY shall not page CONTRACTOR'S foreman except during normal working hours or in case of emergency. 9.00 SAFETY 9.01 CONTRACTOR agrees to perform all work outiined in tiiis CONTRACT in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all times so as to protect all persons, including CONTRACTOR'S employees, agents of the CITY, vendors, members of the public or others from foreseeable injury, or damage to their property. CONTRACTOR shall make weekly inspections for any potential hazards at said trail system and keep a log indicating date inspected and action taken. 9.02 It shall be tiie CONTRACTOR'S responsibility to inspect, and identify, any condition(s) that renders any portion of the premises unsafe, as well as any unsafe practices occurring ttiereon. The CONTRACT ADMINISTRATOR shall be notified immediately of any unsafe condition that requires major correction. CONTRACTOR shall be responsible for making minor corrections including, but not limited to; filling holes in ground, turf or paving; using barricades or traffic cones to alert patrons of the existence of hazards; replacing valve box covers; and the like, so as to protect members of the public or others from injury. 9.03 CONTRACTOR shall notify the CONTRACT ADMINISTRATOR immediatdy of any occurrence on the premises of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report thereof to the CONTRACT ADMINISTRATOR within three (3) calendar days following the occun-ence. CONTRACTOR shall cooperate folly with the CITY in the investigation of any such occurrence. 10.00 TRAFFIC CONTROL 10.01 Prior to any work in the public right-of-way, the CONTRACTOR shall obtain permits as required by the City Traffic Engineer to perform work in the Public right-of-way. CONTRi\CTOR shall pay any appUcablo pomik foes. 10.02 The CONTRACTOR shall comply with all requirements of the City Traffic Engineer and shall bear all costs of required traffic control including, but not limited to signs, cones, markers, flagmen, etc. 11.00 HOURS AND DAYS OF MAINTENANCE SERVICES 11.01 The basic daily hours of maintenance service shaU be 7:00 a.m. to 4:00 p.m., which shall be considered nonnal work hours as may pertain to any other provision of the CONTRACT. 11.02 CONTRACTOR shall provide staffing to perfonn the required maintenance services during the prescribed hours five (5) days per week, Monday through Friday. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the CONTRACT ADMINISTRATOR. 11.03 The use of power tools is prohibited daily prior to 7:00 a.m. and all day on Sundays and Holidays. 12.00 MAINTENANCE SCHEDULES 12.01 The CONTRACTOR shall, witiiin thirty (30) days after the effective date of tiiis CONTRACT, submit work schedules to the CONTRACT ADMINISTRATOR for review and approval. Said work schedules shall identify required operations and delineate the time frames for performance. An Annual Calendar shall include all required operations that occur less than monthly. A Routine Operations Schedule shall include all tasks required at least monthly. Sample Annual Calendar and Routine Operations Schedule formats are included in Appendices A & B. 12.02 The CONTRACTOR shall submit revised schedules when actual performance differs substantially from planned performance, and from time to time as requested by the CONTRACT ADMINISTRATOR. Said revisions shall be submitted to the CONTRACT ADMINISTRATOR for his review and approval, witiiin five (5) working days prior to the original or revised scheduled time for the work, whichever is earlier. 13.00 CONTRACTOR'S STAFF AND TRAINING 13.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 13.02 CONTRACTOR'S personnel shall possess the minimum qualifications for the position in which each is working, as set forth in Attachment B. 13.03 CONTRACTOR is encouraged to provide on-going systematic skills training, and to promote participation in, and certification by professional associations. CONTRACTOR'S systematic skills training program, and certifications required by the CONTRACTOR for employees in a given position, should be noted in the Attachment B. 13.04 Each crew of CONTRACTOR'S employees shall include at least one individual who speaks the English language proficiently. For the purposes of this section a crew is understood to be any individual worker or group of workers who might service any portion of the trail system without other CONTRACTOR'S supervisory personnel present. 13.05 The CONTRACT ADMINISTRATOR may at any time give CONTRACTOR written notice to the effect that the conduct or action of a designated employee of CONTRACTOR is, in tiie reasonable beUef of tiie CONTRACT ADMINISTRATOR, detrimental to the interest of the public patronizing the premises. CONTRACTOR shaU meet with representatives of tiie CONTRACT ADMINISTRATOR to consider the appropriate course of action with respect to such matter and CONTRACTOR shall take reasonable measures imder the circumstances to assure the CONTRACT ADMESIISTRATOR tiiat the conduct and activities of CONTRACTOR'S employees will not be detrimental to the interest of the public patronizing the premises. 13.06 The CONTRACT ADMINISTRATOR may at any time order any of the CONTRACTOR'S personnel removed from the premises when, in the reasonable bdief of the CONTRACT ADMINISTRATOR, said CONTRACTOR'S personnd is objectionable, unmly, unsafe, or otherwise detrimental to the interest of the CITY or the public patronizing the premises 13.07 The CONTRACTOR shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the CONTRACTOR'S company name and employee name badges as approved by the CONTRACT ADMINISTRATOR. Suffident changes shaU be provided to present a neat and clean appearance of the CONTRACTOR'S persoimel at all times. Shirts shall be wom and buttoned at all times. CONTRACTOR'S personnel shall be equipped with proper shoes and other gear required by State Safety Regulations. Brightiy colored traffic vests or reflectors shall be wom when personnel are working near vehicular traffic. 10 14.00 NON-INTERFERENCE - NOISE 14.01 CONTRACTOR shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstmction and inconvenience to the public or dismption to the peace and quiet of the area within which the services are performed. 14.02 In the event that the CONTRACTOR'S operations must be performed when persons of the public are present, CONTRACTOR shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area. 14.03 CONTRACTOR shall be subject to local ordinances regarding noise levels with regard to equipment operations. CONTRACTOR shall not use any power equipment prior to 7:00 a.m. or later than 7:00 p.m. Further, any schedule of such operations may be modified by CONTRACT ADMINISTRATOR in order to insure tiiat tiie public is not unduly impacted by the noise created by such equipment. 15.00 USE OF CHEMICALS 15.01 All work involving the use of chemicals shall be in compliance with all Federal, State and local laws and will be accomplished by or under the direction of a State of Califomia Licensed Pest Control Operator. 15.02 Chemical applications shall strictly conform to all goveming regulations. CONTRACTOR'S staff applying chemicals shall possess all required licenses and certifications. 15.03 Records of all operations, including applicators names stating dates, times, methods of application, chemical formulations, and weather conditions shall be made and retained according to goveming regulations. 15.04 All chemicals requiring a special permit for use must be registered with the County Agricultural Commissioner's Office and a permit obtained. 15.05 Material Safety Data Sheets (MSDS) and sample labels shall be provided to the CONTRACT ADMINISTRATOR for aU products and chemicals used witiiin the City. 11 PART II TECHNICAL SPECIFICATIONS 16.00 MOWING 16.01 Mowing operations shall be performed in a workmanlike maimer that ensures a smooth surface appearance without scalping or allowing excessive cuttings to remain. Clippings need not be collected unless clippings are excessive and/or visible, or as directed by the CONTRACT ADME^JISTRATOR. 16.02 Turf shall be mowed with a mower appropriate to the particular turf type being mowed. Equipment shall be properly maintained, clean, adjusted, and sharpened. 16.03 All mowing equipment shall be thoroughly washed following each mowing operation and prior to being transported to any other site. 16.04 Mow turf to the following heights or as directed by the CONTRACT ADMINISTRATOR: A. Bermuda - 3/4 inch. B. Cool season turf including bluegrass, perennial rye and fescues - I 1/2 inches. C. Kikuyu-3/4 inch 16.05 Mowing operations shall be scheduled Monday through Friday. 16.06 Walkways shall be cleaned immediately following each mowing. 16.07 Mowing operations shall be scheduled at times of low public use. 16.08 Mowing frequency shall be one (1) time per week all year. 17.00 TURF AND GROUND-COVER EDGING 17.01 All turf edges shall be kept neatiy edged. All grass invasions into adjacent areas shall be eliminated. 17.02 String trimmers shall not be used to trim around trees. Turf and groundcover shall be maintained a minimum of 6 inches from the trunks of trees by use of appropriate chemicals. 12 17.03 A 36-inch diameter circle shall be maintained around young trees with immature bark or caliper of less than 6 inches. Circles may include a watering basin, and/or a 2-inch deep layer of mulch, where appropriate, as directed by the CONTRACT ADMINISTRATOR. Circles shall be kept free of weeds and grasses by use of appropriate chemicals. 17.04 Turf and groundcover shall be trimmed or limited around valve boxes, meter boxes, backflow devices, park equipment and other obstacles; and around sprinklers as needed to provide optimum water coverage. 17.05 All groundcover and flower bed areas shall be kept neatly edged and free of grass invasion. 17.06 Walkways shall be cleaned immediately following each mechanical edging. 17.07 Frequency of mechanical edging of turf shall be the one (1) time per week. 17.08 Frequency of ground cover edging shall be one (1) time per week. 17.09 Chemical edging of turf and groundcover boundaries may be performed, subject to approval ofthe CONTRACT ADME^JISTRATOR, in a manner that ensures a defined turf edge and limits turf encroachment into beds or across boundaries where it is impractical to edge mechanically. A twelve (12) inch barrier width shall be considered normal. 18.00 AERIFICATION 18.01 Aerate all turf areas by using a device that removes cores to a depth of two (2) inches at not more than six (6) inch spacing. 18.02 CONTRACTOR shall assure that turf areas to be aerified are properly and evenly moist prior to aerification operation. 18.03 Remove or shred cores so that they are not imsightly or a nuisance. 18.04 CONTRACTOR shall flag all irrigation heads, valve boxes, quick-couplers, and the like, prior to commencing aeration operations. CONTRACTOR shall be responsible for any damage to irrigation, boxes, pavement, etc. from aerifier and other equipment. 18.05 Aerification frequencies shall be as follows: A. Aerate all turf areas one (1) time per year. 13 19.00 RENOVATION 19.01 If CONTRACTOR feels that major renovation is needed, he shall notify the CONTRACT ADMINISTRATOR prior to proceeding. 20.00 WATERING AND IRRIGATION 20.01 All landscaped and turf areas shall be irrigated, as required to maintain adequate growth and appearance, with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas shall include, but not be limited to: hand watering, operation of manual valves, proper utilization of automatic controllers and valves. 20.02 CONTRACTOR shall insure that personnel operating irrigation systems are fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use, and folly equipped and capable of performing proper programming and operation of the irrigation systems. 20.03 Irrigation systems which have Calsense controllers will be programmed by CITY. CONTRACTOR shall be responsible to perform all other specified irrigation tasks including, but not limited to: testing, adjustments, repairs, replacements, and supplemental watering. CONTRACTOR shall notify tiie CONTRACT ADMINISTRATOR immediately of any deficiencies in irrigation at these sites. 20.04 Irrigation systems not equipped with Calsense controllers may be programmed by CONTRACTOR, at the direction ofthe CONTRACT ADMINISTRATOR. 20.05 Areas not provided with an irrigation system shall be hand watered by the CONTRACTOR. This includes situations where the automatic system is inoperable for any reason. The CONTRACTOR shall be responsible for providing all equipment, such as hoses, couplers and nozzles to accomplish this task. 20.07 Watering shall be regulated to avoid interference with any use of roadways, paving or walks. 20.08 Controllers shall be set to operate during the period of lowest wind velocity, which would normally occur at night or early moming hours. 20.09 Irrigation shall be controlled in such a way as not to cause any excessively wet area, which could be damaged by mowing or other traffic. 20.10 No irrigation shall be done during periods of measurable rain without prior approval ofthe CONTRACT ADMINISTRATOR. 20.11 The CONTRACTOR shall be responsible for replacing all plant materials that die or are permanently damaged due to excessive or insufficient watering. 14 21.00 IRRIGATION MAINTENANCE. REPAIR and TESTING 21.01 CITY shall provide, or reimburse the CONTRACTOR for irrigation parts, heads, and other irrigation system equipment replacements that exceeds $100 per month. 21.02 CONTRACTOR shall provide labor and equipment (CITY shall provide parts) for maintenance of the irrigation system including repairs and replacements (whether due to damage, malfimction, vandalism, normal wear, or other cause) of all components except the following: A. mainlines B. valves (control valves, ball valves and the like, not including quick-couplers) C. pumps D. automatic controllers and appurtenant devices (ET and rain gauge, antenna and the like) E. backflow devices F. pressure regulators. These items shall be repaired or replaced by the CONTRACTOR as Extra Work, or by oflier forces, at flie discretion ofthe CONTRACT ADMINISTRATOR. 21.03 CONTRACTOR shall notify CONTRACT ADMINISTRATOR of any damaged, deficient or inoperable irrigation component indicating the location, valve station number, problem, size, and type of irrigation equipment. 21.04 Repair or replacement of irrigation components that are identified as the CONTRACTOR'S responsibility shall be completed within two (2) working days of determining damaged or inoperable irrigation component, or sooner to prevent damage to turf or landscaping, or if the repair is otherwise deemed urgent by the CONTRACT ADMINISTRATOR. 21.05 Replacements of irrigation equipment shall be with originally specified equipment of the same size and quality or substitutes approved by the CONTRACT ADMINISTRATOR prior to any installation thereof 21.06 CONTRACTOR'S Irrigation Technician shall be fuUy trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use; and folly equipped and capable of identifying and isolating problems and performing the proper programming, inspection, testing, repair and maintenance of the irrigation systems. All of CONTRACTOR'S personnel working on irrigation systems, shall be appropriately trained and under the direct supervision of a qualified Irrigation Technician. 15 21.07 CONTRACTOR'S Irrigation Technician shall be equipped with Calsense Radio Remote hand-held remote valve actuator. 21.08 Prior to testing a system, CONTRACTOR shall inspect all irrigated areas; note and mark with a flag marker any dry or stressed areas. During the course of the irrigation test, CONTRACTOR shall determine the cause of the noted deficiency and make needed repairs. 21.09 CONTRACTOR shall sequence conti-oller(s) to each station to check the fonction of all facets of the irrigation system. 21.10 During irrigation testing CONTRACTOR shall: A. Adjust all sprinkler heads to provide correct coverage, unifomi precipitation, prevention of runoff and erosion, and prevention of excessive overspray onto adjacent areas. B. Check for, and correct all leaks, including pipes, risers, seals, turrets, etc. C. Clean, flush, adjust, repair or replace any equipment, head or component that is not fimctioning to manufacturer's specifications. D. Adjust valves and heads to keep all systems operating at manufacturer's recommended operating pressures. Valve throttling and pressure gauging shall be employed to prevent excessive fogging. E. Check valve boxes and covers. Repair or replace as needed. Replace and secure cover bolts as needed. F. Check for low-head drainage. Clean, repair or replace malfimctioning or missing anti-drain devices including in-head check devices. 21.11 Any unresolved system malfonction, damage, or deficiency shaU be reported, including effected valve station(s) and other pertinent details, to the CONTRACT ADMINISTRATOR. Said reporting may be verbal or in writing at the discretion and to the satisfaction ofthe CONTRACT ADMINISTRATOR 21.12 In addition to regular testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. 21.13 CITY shall be responsible for performing the aimual certification of backflow devices. 21.14 All valve boxes shall be identified with heat-branded markings as directed by the CONTRACT ADMINISTRATOR. 16 21.15 CONTRACTOR shall submit as-built drawings of all modifications to irrigation systems, including, piping, relocation of equipment or sprinkler heads, replacement of heads with another make or model, changes in nozzling and the like. As-built changes shall complete to the satisfaction of tiie CONTRACT ADMINISTRATOR. As-built drawings shall be made neatly and legibly on a blue-line copy of the irrigation drawings supplied by tiie CONTRACT ADMINISTRATOR and shall be submitted within 2 working days of completion of the work. 21.16 Frequencies of irrigation testing shall be one (1) time per month, or more frequentiy if problems or conditions indicate a need. 22.00 FERTILIZATION 22.01 Products and rates of application shall be determined by the CONTRACT ADME^JISTRATOR. 22.02 CONTRACTOR shall include scheduling of fertilizations on Annual Calendar. 22.03 CONTRACTOR shall give written notice to the CONTRACT ADMINISTRATOR at least two City business days in advance of fertilizer application at a given site. 22.04 CONTRACTOR shall have all materials delivered to the site in properiy labeled, unopened bags. All bags shall be retained on the site for the CONTRACT ADMINISTRATOR'S inspection and shall be removed promptly following inspection. 22.05 Application of fertilizer shall be done in sections, determined by the areas covered by each irrigation system. Adequate irrigation shall immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface. 22.06 Turf, shrubs and groundcover areas shall be fertilized at least four (4) times per year. Trees shall be fertilized at least one (1) time per year. 23.00 WEED CONTROL 23.01 All areas shall receive diligent control of weeds by employing all industry- recognized, legal metiiods, as approved by the CONTRACT ADMINISTRATOR. 23.02 The foUowing areas shall be kept weed free: shmb areas, groimd cover beds, planters, cracks in paved areas, including sidewalks, curbs, asphalt, all hardscape and areas covered with omamental rock.. 23.03 All turf, shmb beds, planters, and other landscaped areas shall be maintained weed free. 17 23.04 Chemical applications as needed. Weeds, which grow from, or spread by, underground stolons, tubers, and the like, such as Bermuda Grass, Nutgrass, and Ragweed, shall be controlled using appropriate chemical controls. Said weeds shall not be physically removed until chemical action is complete. 23.04 Inspect, spot treat or mechanically remove weeds as necessary. Hand weeding or spot treatment of all areas is to be perfonned at least one (1) time per week. 23.05 Apply appropriate pre-emergent herbicides to prevent germination of known problem weeds. Target weeds shall include but are not limited to Kikuyu, Bermuda, Nutgrass, Crabgrass, Ragweed, Poa, Spurge, Oxalis, annual weeds and grasses. 23.06 Pre-emergent herbicide materials to be used shall be as approved by the CONTRACT ADMINISTRATOR. Materials to be used shall be those best suited to the control of the target weeds in the given planting. 23.07 Pre-emergent herbicide applications shall be carefolly scheduled as approved by the CONTRACT ADMINISTRATOR, and shall be made per labd instmctions for optimum control. Scheduling of pre-emergent herbicide applications shall be reflected on the annual calendar along with notation identifying material name and target weeds. 23.08 Pre-emergent herbicide applications shall be made annuaUy and as required for optimum control of target weeds. 24.00 TREE. SHRUB AND GROUNDCOVER MAINTENANCE 24.01 CONTRACTOR is responsible for tree work within fifteen feet of the ground. 24.02 Trimming and pmning of trees and shmbs for vehicular and pedestrian clearance, visibility, access, plant health and appearance shall be done as needed. 24.03 AU pmning and tree tying shall conform to Intemational Society of Arboriculmre (I.S.A) Standards and the specific directions of the CONTRACT ADMINISTRATOR. CONTRACTOR shall not allow any tree to be topped. 24.04 Clearance: Maintain trees to provide a thirteen (13) foot six (6) inch clearance for branches overhanging beyond curb line into the paved section of roadways. Lower branching may be appropriate for trees in background and omamental areas. Prune plant materials where necessary to maintain access and safe vehicular visibility and clearance and to prevent or eliminate hazardous conditions. 24.05 Shearing: Only those plants specifically designated by the CONTRACT ADMINISTRATOR shall be sheared. These plants may also require additional thinning to maintain a healthy condition. 24.06 Tree pmning shall be performed with the intent of developing healthy, stmcturally sound trees with natural form and proportion, symmetrical appearance, and proper vertical and horizontal clearance. 24.07 Prune shmbs to encourage healthy growth habits, natural form and proportion. Restrict growth of shmbbery to area behind curbs and within planter beds by pruning. Under no circumstances shall more than 25% of a tree be pmned in one season. Trees shall not be pruned at time of planting. Trees should be pruned when they are dormant, after leaf drop. Under no circumstances shall hedge shears be used as a means of pmning. Safety pruning shaU be done as needed. 24.08 Tree stakes, two (2) per tree, shall be pentachlorophenol treated lodge pole pine. Stakes shall be place vertically; 8 to 10 inches from the tree trunk; shaU not mb against any part of the tree during windy conditions; shall be tied using materials and methods as approved by CONTRACT ADMINISTRATOR. 24.09 Plant ties shall be checked frequently and either retied to prevent girdling or removed along with the stakes when no longer required. 24.10 Periodic staking and tying shall be done as needed. 24.11 All stmctural weaknesses such as split crotch or limbs, diseased or decayed limbs, or severe damage shall be reported to the CONTRACT ADMINISTRATOR. 24.12 Groundcover A. Groundcover shall be renovated as needed. Renovation of groundcover shall include thinning and/or shearing of groundcover and fertilization; and may include bed cultivating and/or mulching, as appropriate to the species and conditions and as dkected by tiie CONTRACT ADMINISTRATOR. B. All dead, diseased and unsightly branches, vines or other growth shall be removed as they develop. C. All groundcover areas shall be pruned to maintain neat but natural (not sheared) edges. D. Except as specifically directed by tiie CONTRACT ADMINISTRATOR, groundcover plants shall be prevented from climbing utilities, shmbs, trees, and the like. 24.13 Remove all dead shmbs and trees. CONTRACT ADMINISTRATOR shall be notified 48 hours in advance of the removal of any tree or shmb. Trees to be removed 19 shall have a caliper of five (5) inches or less measured twelve (12) inches above the ground level. Trees measuring over this caliper may be removed as Extra Work at the discretion ofthe CONTRACT ADMINISTRATOR. 24.14 All trimming and debris shall be removed and properly disposed of immediately. 24.15 Flowering plants, including, but not limited to. Pelargonium, Gaura, Hemerocallis, Limonium, Tulbaghia, and Strelitzia, shall be maintained free of excessive spent blooms, flower stdks and the like. Plants shall be renovated following peak bloom, and as needed, to produce optimum color production and plant health. Renovation methods and timing shall be as approved by the CONTRACT ADME^JISTRATOR. 25.00 MULCHING 25.01 A minimum three (3) inch layer of approved mulch shall be maintained in all tree, shmb, and groundcover areas. Mulch shall be placed in such a manner as to present a neat appearance, cover all bare soil, not cover plant material or the bases of trees or shmbs. 25.02 All areas to receive mulch shall be free of weeds prior to mulching. 25.03 Mulch shall be maintained free of litter and foreign matter. 25.04 Mulch shall be replenished as needed as Extra Work. 25.05 CITY shall pay as Extra Work, the cost of mulch material (without mark-up), labor and equipment. CONTRACTOR shall supply all equipment and labor required to move mulch from the stock-pile site(s) and place mulch in required areas. 25.06 Mulching operation shall be accomplished in a timely manner, so that all material is removed and stock-pile site is left clean and level, all to the satisfaction of the CONTRACT ADMINISTRATOR. 26.00 DISEASE and PEST CONTROL 26.01 AU landscaped areas shaU be maintained free of disease and insects that could cause or promote damage to plant materials including but not limited to trees, shmbs, groundcover and turf 26.02 The CONTRACT ADMINISTRATOR shall be notified immediately of any disease, insects or unusual conditions that might develop. 26.03 A disease control program to prevent all common diseases from causing serious damage shall be provided on an as needed basis. Disease control shall be achieved 20 utilizing materials and rates recommended by a licensed Califomia Pest Control Advisor. 26.04 CONTRACTOR shall eradicate or remove bees, ants, rodents and other pests, which the CONTRACT ADMINISTRATOR deems to be a public hazard or nuisance. CONTRACTOR shall arrange for and assume the expense of such operations, if not under its immediate capabilities, within a 48-hour period after notification from the CONTRACT ADMINISTRATOR. 26.05 Gophers and other rodents shall be eliminated immediately by appropriate, approved exterminating techniques (traps, poison, etc.). 26.06 Frequency of disease and pest control operations shall be daily as needed. 27.00 PLANT MATERIALS 27.01 Plant materials shaU conform to the requirements of the Landscape Plan of the area and to "Horticultural Standards" of American Association of Nurserymen as to kind, size, age, etc. 27.02 Plans of record and specifications should be consulted to insure correct identification of species. Substitutions may be allowed but only with the prior written approval of the CONTRACT ADMINISTRATOR. 27.03 Qualitv A. Plants shall be sound, healthy, vigorous, free from plant disease, insect pest or their eggs, and shall have healthy nonnal root systems and comply with all state and local regulations governing these matters, and shall be free from any noxious weeds. B. Plant materials shall be symmetrical, and/or typical for variety and species. C. Trees shall not have been topped. D. Roots shall not have been allowed to ckcle or become bound at any stage of growth. E. All plant materials must be provided from a licensed nursery and shall be subject to acceptance as to quality by the CONTRACT ADMINISTRATOR. 27.04 Plant Materials Guarantee CONTRACTOR shall replace, at no cost to the CITY, any plant materials planted by CONTRACTOR under tiiis CONTRACT which fail to establish, grow, live and remain in healthy condition, regardless of the reason for said failure, as follows: 21 A. All trees shall be guaranteed for one year from the date of acceptance of the job by tiie CONTRACT ADME^JISTRATOR. B. All shmbs shall be guaranteed for ninety (90) days from the date of acceptance of thejob by the CONTRACT ADMINISTRATOR. Nothing in this section shall in any way reduce or remove CONTRACTOR'S responsibility as specified elsewhere in this CONTRACT. 27.05 Newly planted areas shall receive special attention until plants are established. Adequate water shall be applied to promote nomial, healthy growth. Proper berms or basins shall be maintained during the estabUshment period. 28.00 LITTER. LEAF, and DEBRIS CONTROL 28.01 Remove all litter, paper, glass, trash, undesirable materials, silt an other accumulated debris from all areas to be maintained. 28.02 Complete policing, litter pick up and supplemental hand sweeping of trail system edges, comers and other areas inaccessible to power equipment shall be accomplished to ensure a neat appearance. 28.03 Accumulation of leaves and debris shall be removed, from all landscaped areas except as spedfically directed by the CONTRACT ADMINISTRATOR. 28.04 Raking should not be used in ground cover or mulched areas except to remove heavy accumulation of leaves and debris. When raking is necessary, it should be done lighfly, taking care not to damage plants or displace mulch. 28.05 Increases in frequencies of clean-ups for seasonal plant defoliation or clean-up after stonns shall be the CONTRACTOR'S responsibility. 28.06 Remove litter shall occur on a daily basis. 28.07 CONTRACTOR shall employ appropriate safety equipment and procedures for litter removal. 28.08 CONTRACTOR shall remove all private signs advertising garage sales, real estate, etc. on a daily basis. The removed signs shall be retumed to CONTRACT ADMINISTRATOR. Posting of such signs are in violation of Municipal Ordinance. 22 29.00 MAINTENANCE FREQUENCIES The following maintenance frequencies shall apply to the following tasks: Irrigation Maintenance Testing Turt Maintenance Mowing Edging Trimming Pruning Weed Control Clipping Removal String Trim Fertilize Areate/Thatch Pest Control Visual Inspection Planters & Ground Cover Maint. Edging Trimming Cultivate Weed Control Fertilize Pest Control Shrub Maintenance Weed Control Trimming Pruning Fertilize Pest Control Tree Maintence Trim Fertilize Restake/Check Pest Control Hardscape Maintenance Gutter,s curbs, sidewalks, roadv^ays, & misc. asphalt and concrete Trash and Litter Pickup daily weekly bi weekly 3 monthly 4 bi monthly 5 quarterly 6 annt as needi : 8 23 EXHIBIT B CONTRACTOR'S WORK FORCE The CONTRACTOR shall set forth in Attachment B to tiie proposed CONTRACT: A. Each labor or supervisory position by title that will make up the CONTRACTOR'S work force needed to provide the described services. B. A sufficiently detailed explanation of the minimum qualifications for a person working in each position title, including any required certifications. C. The minimum annual man-hours for each position tifle that the CONTRACTOR proposes to commit to the performance of the described services. D. A list and description of the qualifications of other pertinent staff that are not to be directly committed to this project but who will be available to support, consult, perform Extra Work, and the like. E. A description of CONTRACTOR'S systematic skills training program. The mformation provided in this attachment is for the purposes of determining the CONTRACTOR'S commitment and preparedness to perform the DESCRIBED SERVICES, and assurmg that the CONTRACTOR'S bid is reasonable and complete. Nothing in this Attachment shall in any way be construed to remove, lessen, or reUeve the CONTRACTOR from any responsibiUty prescribed by the CONTRACT. CONTRACTOR may attach additional pages to describe Minimum Qualifications, if needed. Label any such pages "Attachment B - Additional Information" along with the appropriate position title(s) corresponding to this form. A. POSITION TITLE B. MINIMUM QUALIFICATIONS C. TOTAL ANNUAL HOURS 1. 2. 3. 24 EXHIBIT B Page 2 CONTRACTOR'S WORK FORCE (Continued) A. POSITION TITLE B. MINIMUM QUALIFICATIONS C, TOTAL ANNUAL HOURS 4. 5. 6. 7. 8. 9. 10. 25 EXHBIT B Page 3 CONTRACTOR'S WORK FORCE (Continued) D. Other Staff Support Title Description / Qualifications 1. 2. 3. 4. 5. E. Description of CONTRACTOR'S employee training program 26 EXHIBIT C GUARANTEE BidNo, 03-18 To the Citv of Carlsbad, The undersigned guarantees the constmction and installation of the work performed as Extra Work included in this project: Should any ofthe materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material fiunished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Specifications, due to any ofthe above causes, all within twelve (12) months after date on which said work of this CONTRACT is accepted by the CITY, or the CONTRACT termmation, whichever is the later, the undersigned agrees to reimburse the CITY upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the CITY, to replace any such material and to repak said work completely without cost to the CITY so that said work will function successfoUy as originally contemplated. The CITY shall have the unqualified option to make any needed placements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the CITY elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be fomished and installed within a reasonable time after the receipt of demand from the CITY. If the undersigned shall fail or refose to comply with his obligations under this guaranty, the CITY shall be entitled to all cost and expenses, including attorneys' fees, reasonably incurred by reason of the said failure or refosal. CONTRACTOR'S Name Address Name and Tifle of Signer (Please Type or Print) Signature Date 27 EXHIBIT D CITY OF CARLSBAD GROUNDS AND LANDSCAPE MAINTENANCE SERVICES Trail System Maintenance Contract No. 3455-2 INSPECTION RATING FORM SITE: CARLSBAD BLVD INSPECTOR: Possible Previous Rating This Category Description Points Period Period Irrigation Maintenance 10 9 10 Turf Maintenance 25 20 23 Planters & Ground Cover Maintenance 15 15 15 Shrub Maintenance 15 15 15 Tree Maintenance 5 5 5 Hardscape Maintenance 5 5 5 Trash & Litter Pickup 25 20 22 Rating Totals 100 89 95 Deduction Percent Deduction Percent 0 0.00 Adjusted Payment Formula Monthly Payment Deduction Amount Adjusted Monthly Payment $0.00 28 CITY OF CARLSBAD GROUNDS AND LANDSCAPE MAINTENANCE SERVICES TRAIL SYSTEMS CONTRACT NO. 3455 INSPECTION RATING FORM SITE: GENERAL DUTIES INSPECTOR: Possible Previous Rating This Category Description Points Period Period Safety 8 8 8 Knowledge of Contract Requirements 6 6 6 Staffing 9 8 8 Equipment & Vehicles 7 7 7 Performance of Additional Work 7 7 7 Observation and Reporting 6 6 6 Emergency Response 8 7 7 Response to Requests 8 6 6 Office and Communications 7 7 7 Invoicing 6 6 6 Schedule and Reports 7 7 7 Meeting Preparation and Attendance 6 6 6 Administrative Support 7 7 7 Supervision of Operations 8 8 8 Rating Totals 100 96 96 Deduction Percent Deduction Percent 0 0.00 Adjusted Payment Formula Monthly Payment Deduction Amount Adjusted Monthly Payment $0.00 29 30 APPENDIX G CONTACT INFORMATION Vista Carlsbad Interceptor Sewer (City of Carlsbad) ( 760) 438-2722 City of Carlsbad Storm Drain (760) 434-2580 Pacific Telephone (760) 439-3649 Gas? Overhead Electric North County Transit District (760) 966-6504 APPENDIX H SPOT IMPROVEMENT CARD Dear Trail Coordinator, Spot Improvement Description Location Date Contact Information Dear Trail Coordinator, Spot Improvement Description Location Date Contact Information Dear Trail Coordinator, Spot Improvement Description Location Date Contact Information Dear Trail Coordinator, Spot Improvement Description Location Date Contact Information POSTAGE PAID POSTAGE PAID COASTAL RAIL TRAIL COORDINATOR CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008 COASTAL RAIL TRAIL COORDINATOR CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008 POSTAGE PAID POSTAGE PAID COASTAL RAIL TRAIL COORDINATOR CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008 COASTAL RAIL TRAIL COORDINATOR CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008 APPENDIX I Coastal Rail Trail Inspection Form Day and Date: Report No. Inspector: Weather: sunny/overcast/cloudy/rain Temp: OK - satisfactory, y-Maintained (with description of maintenance); •- corrective action required Item Condition Corrective Action/Comment 1 Shoulder/grass mowing/trimming 2 Trees (General health, irrigation, pest issues) 3 Plant health (General health, irrigation, pest issues) 4 Mulch 5 Weed control 6 Irrigation check 7 Bollard 8 Trash 9 Graffiti 10 Public Art 11 Drinking Fountains 12 Benches 13 Hardscape/Paving (Potholes) (horizontal/vertical cracks) sealing/repaving 14 Pavement cleanliness (sweeping required) 15 Trail/Decorative directional signage 16 Street signs 17 Pavement markings 18 Lighting 19 Emergency telephones 20 Drainage Vegetated swales Are swales completely draining Is there evidence of erosion Have areas that needed repair been reseeded and growing Is vegetation less than 6 inches high Are trees and shrubs in swale Is vegetation control needed Inlet Is inlet functioning properly Is trash in inlet Follow-up Trail Coordinator Review APPENDIX J COASTAL DEVELOPMENT PERMIT CDP 03-31 ^ PLANNING COMMISSION RESOLUTION NO. 5569 ^ A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALffORNIA, APPROVING COASTAL DEVELOPMENT PERMTT CDP 03-31 A SEGMENT OF THE 4 COASTAL RAIL TRAIL ON PROPERTY GENERALLY LOCATED ALONG THE RAILROAD RIGHT-OF-WAY BETWEEN TAMARACK AVENUE AND OAK AVENUE IN 6 LOCAL FACILITIES MANAGEMENT ZONE 1 AND THE MELLO n SEGMENT OF THE CTTY LOCAL COASTAL 7 PROGRAM. CASE NAME: COASTAL RAIL TRAIL ^ CASE NO.: CDP 03-31 5 9 10 11 ^2 "Owner," described as WHEREAS, the Cify of Carlsbad, "Developer," has filed a verified appUcation with the Cify of Carlsbad regarding properfy owned by North Counfy Transit District, 13 Aportion of Parcels 15 and 16 of Section 6 of Map No. 804-37- 8J and a portion of Parcel 5 of Map 804-37-8C as recorded in 14 the Counfy of San Diego, State of Califomia ("flie Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits "A" - "G" dated February 18, 2004, on file in the 15 16 17 18 ^9 Plannmg Department, COASTAL RAIL TRAIL - CDP 03-31 as provided by Chapter 20 21.201.040 ofthe Carlsbad Municipal Code; and 21 WHEREAS, tiie Plannkig Commission did, on tiie 18th day of February 2004, 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considenng all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered aU factors 23 26 relating to tiie CDP. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by tiie Planning 28 Commission ofthe City of Carlsbad as follows: ^ A) That the foregoing recitations are tme and correct. 2 B) That based on the evidence presented at the public heanng, the Commission 3 APPROVES COASTAL RAIL TRAIL - CDP 03-31 based on tiie followmg findings and subject to the following conditions: ^ Findings: ^ 1. That the proposed development is in conformance with the Certified Local Coastal 5 Program and all applicable policies in that the railroad right-of-way between Tamarack Avenue and Oak Avenue is designated as Transportation Corridor (T-C) 7 in the City's General Plan as weU as the Mello II segment ofthe City's Local Coastal Program. Bicycle and pedestrian paths and trails are permitted uses in the T-C ^ zone, and this project wfll implement the first segment of Carlsbad's portion of the g 44-mlle Coastal Rail Trail (CRT) project The CRT project is a regional effort to provide a passive-use trail parallel to the San Diego County coastline, located mostly 10 along the railroad right-of-way connecting Oceanside with downtown San Diego. Future City segments of the CRT wUl secure permits as needed to implement the 11 regional project ^2 2. The proposal is in conformity with the public access and recreation poUcies of Chapter 3 of the Coastal Act m that the Coastal Rail Trail is a regional approach to enhancing recreational opportunities by providing a continuous bicycle and pedestrian path 14 within the coastal zone on currently unutilized existing rights-of-way. This project will implement the first segment ofCarlsbad's portion of this regional effort 15 3. The project site is not located in a sensitive environmental area, and no significant coastal resources are associated with the raUroad right-of-way between Tamarack Avenue and Oak Avenue. Furthermore, the site is not subject to any of the Coastal Overlay Zones which require additional reports and disclosures. 18 4. The project implements the San Diego Coastal Rail Trail project initiated by a 19 Memorandum of Understanding in 1996 with various local and regional partners, agencies and affected stakeholders. 2 J 5. The Planning Director has determined that: 22 a. the project is a project for which a Mitigated Negative Declaration was previously adopted [15162]; and 23 b. this project is consistent with the project cited above; c. the Coastal Rail Trail project was certified (Mitigated Negative Declaration approved by the City Council on April 17,2001) in connection 25 with the prior project or plan; d. the project has no new significant envkonmental effect not analyzed as 26 significant in the prior Mitigated Negative Declaration; e. none of the ckcumstances requiring a subsequent Mitigated Negative 2^ Declaration or a supplemental EIR under CEQA Guidelines Sections 15162 2g or 15163 exist PC RESO NO. 5569 -2- 24 6. The Planning Commission has reviewed each of the exactions imposed on the Developer 2 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 3 degree of the exaction is in rough proportionality to the impact caused by the project. 8 Conditions: 4 ^ " Note: Unless otherwise specified herein, all conditions shall be satisfied prior to City Council 6 authorization to bid for construction contract 7 1. If any of the following conditions fail to occur; or if they are, by thek terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to thek terms, the City shall have the right to 9 revoke or modify all approvals herein granted; deny or fiirther condition issuance of all foture building pennits; deny, revoke or further condition all certificates of occupancy 10 issued under the authorify of approvals herein granted; institute and prosecute Utigation to compel thek compliance with said conditions or seek damages for thek violation. No ^ ^ vested rights are gained by Developer or a successor in interest by the Cify's approval of 12 this Coastal Development Permit 13 2. Staff is authorized and dkected to make, or requke the Developer to make, aU corrections and modifications to the Coastal Development Permit documents, as necessaiy to make 14 them intemally consistent and in conformity with the final action on the project Development shall occur substantially as shown on the approved Exhibits. Any proposed devdopment different fi^om this approval, shall requke an amendment to this jq)proval. 16 3. Developer shall compfy with all applicable provisions of federal, state, and local laws and 17 regulations in effect at the time of building permit issuance. ^8 4. If any condition for constmction of any public hnprovements or faciUties, or the payment j9 of any fees in-Ueu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Govemment Code Section 20 66020. If any such condition is determined to be invalid this approval shall be invaUd unless the Cify Council determines that flie project without the condition complies witii 21 all requkements of law. 22 5. Developer shall submit to Planning Director a reproducible 24" x 36** mylar copy ofthe 23 project exhibits reflecting the conditions approved by the final decision making body. 24 6, This project shall comply with all conditions and mitigatiwi measures which are required as part ofthe Zone 1 Local Facilities Management Plan and any amendments made to that Plan. 26 7. Construction of this project will not commence unless the local agency providing water 27 and sewer services to the project provides written certification to the Cify that adequate water service and sewer facilities, respectively, are available to the project at the time of 28 the application for the building permit, and that water and sewer capacify and faciUties will continue to be available imtil tiie tune of occupancy. PC RESO NO. 5569 -3- ^ 8. Developer shall submit and obtain Planning Dkector approval of a Final Landscape and 2 Urigation Plan showing conformance with the approved Preliminary Landscape Plan and the Cify's Landscape Manual. Developer shall construct and install all landsc^ing as 3 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, fi^e fiom weeds, trash, and debris. The Final Landscape Plan shall be in ^ substantial conformance with the landscapmg depicted on Exhibits "D" - ^'G" and ^ shall address the visual treatment of all walls in addition to landscaping the Coastal Rail Trail and providing public art opportunities. 6 9. The first submittal of Final Landsc^e and Irrigation Plans shall be pursuant to the f landscape plan check process on file in the Planning Department and accompanied by the project*s building, improvement, and grading plans. 8 9 10. All required approvals shall be obtained from the Public UtUities Commission (PUC) and/or North Counfy Transit District (NCTD) as necessary for the 10 construction and long-term maintenance ofthe Coastal Rail Trail. 11. A Sign Program, consistent with the regional Coastal Rail TraU sign provisions, ^2 shaU be reviewed and approved by tbe Planning Director. 13 12. A TraU Management Plan for the long-term maintenance and operation of the Coastal Rail Trail shall be reviewed and approved by the City including specific 14 approvals from: Fire and Police Departments, Public Works Admmistration and Maintenance, City Engineer, Risk Management and Planning Director. 16 13. PubUc Art shall be provided at the locations depicted on the Project Exhibits, subject to subsequent City Council review and approval consistent with the City's 17 Public Art poUcy. ^8 14. This approval shall become null and void if City Council authorization to bid for ^9 construction contract is not issued for this project within two years firom the date of project approval. 20 21 22 25 Engineering 15. Prior to the issuance of Notice of Proceed, Developer shall submit for City approval a "Storai Water Pollution Prevention Plan (SWPPP).** The SWPPP shall be in compliance 23 with current requirements and provisions estabUshed by the San Diego Region of the Califomia Regional Water Quality Control Board and City of Carlsbad Requkements. 24 The SWPPP shall address measures to reduce to flie maximum extent practicable storm water pollutant runoff during constiuction of tiie project. At a mmimum, the SWPPP shall: 2g a. include all content as established by the Califomia Regional Water QuaHty Control Board requkements; 27 b. include the receipt of "Notice of Intent*' issued by the Califomia Regional Water Quality Control Board; 28 c. recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter PC RESO NO. 5569 -4- 12 ^ said pollutants fi'om storm water to the maximum extent practicable before 2 dischargmg to City right-of-way or natural drainage course; and d. establish specific procedures for handUng spills and routine clean up. Special 3 considerations and effort shall be applied to employee education on the proper procedures for handlmg clean up and disposal of pollutants. 4 16. Prior to the issuance of Notice to Proceed, Developer shall submit for Cify approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonsti^te compUance 6 witii the Cify of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of foe CaUfomia Regional Water Quality 7 Control Board and Cify of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants firom storm water, to the maximum extent 8 practicable, for the post-constmction stage of the project. At a minimum, the SWMP 9 shaU: 10 a identify existing and post-development on-site poUutants-of-concem; b. identify the hydrologic unit this project contributes to and impaked water 1 ^ bodies that could be impacted by this project; c. recommend source controls and treatment controls that will be implemented wifo this project to avoid contact or filter said pollutants from storm water to 13 the maximum extent practicable before discharging to City right-of-way; d. establish specific procediues for handling spiUs and routine dean up. Special 14 considerations and effort shall be applied to education on the proper procedures for handling dean up and disposal of pollutants; e. ensure long-term mamtenance of all post construct BMPs in perpetuity; and f identify how post-development runoff rates and velocities firom the site will not exceed foe pre-development runoff rates and velocities to the maximum 17 extent practicable. NOTICE 19 Please take NOTICE that approval of your project includes the **imposition" of fees, dedications, 20 reservations, or ofoer exactions hereafter coUectively refened to for convenience as "fees/exactions." 21 22 You have 90 days from date of final approval to protest imposition of foese fees/exactions. If you protest foem, you must follow the protest procedure set forth in Govemment Code Section 23 66020(a), and file foe protest and any other requked information wifo foe City Manager for processing in accordance wifo Carlsbad Municipal Code Section 3.32.030. Failure to timely 24 follow foat procedure will bar any subsequent legal action to attack, review, set aside, void, or 2 J annul foeir imposition. 26 You are hereby FURTHER NOTIFIED foat your right to protest foe specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, 27 zoning, grading or ofoer similar application processing or service fees m connection wifo this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a 2^ NOTICE sunilar to this, or as to which the statute of limitations has previously ofoerwise expired. PC RESO NO. 5569 -5- PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission ofthe City of Carlsbad, CaUfomia, held on foe 18th day of February 2004, by foe foUowing vote, to wit: AYES: Chairperson White, Commissioners Baker, Heineman, Montgomery, and Whitton NOES: None ABSENT: Commissioners Dominguez and Segall 1 2 3 4 5 6 7 8 9 ABSTAIN: None 10 11 13 MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION 14 '• 15 16 17 lA^.Jv^.^MAft%uj2Q^ MICHAEL J. HCftJZMnKER ^8 Planning Director 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 5569 -6- ATTEST: BEST COPY BEST COPY SCALE l"=-10'-0" UCMT BDILWD ASPHAIT BKE TBiHL C.I P. CONCBETE SWAIE NOTE: PUBLIC ART AREAS ARE SUBJECT TO CITY COUNCIL APPROVAL PER CHAPTER 2,1S CMC CARLSBAD i\i COASTAL nAL THAL ,»,,„,„^„ „,„ 'AS BUIl T" ^cictT ."AOU _iie_ uaa 'AS BUIl T" Wallace Roberts &Tadd, Inc wn: ^ . '* ""^ Wallace Roberts &Tadd, Inc wn: ^ . iwEEw —EiS— Q PHIIIE 1 Of IHE COASruL (IAIL IBAfl. - CAHISBAC IS 70nr ^• Nr.:iUII'^iZ-»C LAffCSCAPE @ '•i''^' ECufmiit Bfio.v r'Dft TYPICAL riJM SPCr;.c:, (;iF>,-;nfi inn ^i7r H^^-^^^n^MilLl.^ lu IN(JHI.:> OI i^^jiL iif-i'u:Aii'jN ['ii.h h'h i i.ii N.A'; '.vArn I'l jrt I'jiiiiii.i; Aim. LIT PLHWI^J HAVF. ULLN t^TASL'jlILL). T'-IL LSIAUL.IilllJifLNT ^V[IJ[1 S|-(ALL UL 1-^ YbAlfli WILL IJLCJLIIPE AK INCREASE IN IIIJflCAl lOrv 0* iU-iUa (UtlMITOHEU MID ACJLI5IED BASED On PLAHI PERFOSUANCE) (4) IHE CITY OF CARLSBAD *1LL BE RESPONSIBU FOH lilt UAmIEI*AWCE OE THIS PROJECT. (5J J6 PEilCENT Dl- TIIE PRnjECT AREA (WIJHIW UUIT Of WOM) It TO OE PONTED (APPSOHUAIELY 78.570 S.E.). RfKLAlMEn WAIER ANn/OR OTHEB AI.IEBHAIIVE NOK-POrABI E WATER SOURCES FOR LANDSCAPING ABE NOT IWUEOialELV AVAIl^DLE. BUI THC ^YSiri,! Will EIE DfSICNED RECLAIMED-SEjlDY FOH WIIEW 17 9EC0UCS AVAILAULE SEPEBATE WAIER SiBVICE!; SHALL Bf PHOVKJEO FOfl LANDSCAPING INCLJOING HUT NOT LIUIIED 10 CONNECTIONS WAIER UEIERS ANH aAa<FLOW PREItUTERS. AJ. BEO ONAL AMO LOCAL MIES ANU HEilT" OOOC REOUIBEUENTS IN'FORCE AT T|tE HUE OF -INSL Lf'KO-.C.V:. AFPR..1VAI, WHI BE UF^ l5^I^AIiO^ ClilCllir': AMT OUCAHIZED INIO "HTOBO ^ONCS" BA'iLll OH PLAM SPr.i.lE'... SUN AMI SHADi: EXPOSURE. TIIC f.rSlltU 1^ ULS'LMHi FOR UINIMUM RUNDTF ANO OVEHSPRAT. THE IfifilCATION f^.^"..!^.^';..?'^..^?.'"?!!''-^ ^'-''L'^ AU7DUA7IC ClJNTROlLCri fOR UULIICLE PliOCBAUUING THE COMHOLIEH WILL HAVE HULTIPLL CYCLE START CAPACITY ANO A ELtXIBLt CAUiNOAl* PROmiAJJ, IHE PHOJECI AREA IS OUTSIDE IHE Clirs FIRE SUPPRESSION ZONES. PLAT^T LEGEND tmu 1 HUIKW. WW CDWI WM m SEC KHIK ma » nuHHWxu -SHI ticai «D-HUCMIUtA .« » • DOTcnS BUCdftoToniL uw •tDIBJUftr VM »1 <m FKW Krw nunc ns T EAL. .1 <m HUB O > C»4. Ul 1 bi. e.u.1. aMM... ml. uHn vjioD AT r 0 c. To Fia H «u. 0 ECMHif FWLilKUU ™»M««I« mi. 10 M nAHTiD rm UAH vjioD AT r 0 c. To Fia H «u. • >«1A«™ 1 OUL- Kl^lH B.U PtAHlPie. rrFHM. ShICH] JWO LOCHIA. TO •( tfPHMD •T t«T Df CriU.A&3 IVflUOiT.lnC. • auHuwiiai KCHt mew. .»L — —«*• e >«. .01. ® HOl^tn COULIEHl -1^™-13. CARLSBAD ^COASTAL FWt THAL "AS BUILr HTwltii IS SHMH "AS BUILr WjtnKcRobErts&TcNjd, Inc. nn n HI, M UUHOq UHDIKCI Rln lalUMJtB CXMCaor >«[: •C f WjtnKcRobErts&TcNjd, Inc. nn n HI, M UUHOq UHDIKCI Rln lalUMJtB CXMCaor >«[: WjtnKcRobErts&TcNjd, Inc. nn n HI, M UUHOq UHDIKCI Rln lalUMJtB Wfcrnc DArr BENCHMARK: HwtWF-iaiipaiP'" 1IB1T A L-DP.3I -PROJECT StTE TRAJL EXCUJSVE TO CTCUSTS AMD PEDESTRIANS SEE PLAN BELCM CITY OF CARLSBAD COASTAL RAIL TRAIL, PHASE 1 CDP 03-31 LEGEND cxsr cMi:soio sram aua une Btsr vsTA/eiMsev sarer srsr CMuaw MMQHW. WIT£H osT SM OEGO nemBU HMmo Twxs ffXVSED a- WEUXD WRE MESH FBeOB mmsED eiaaainr guar IML Eisr € OIK A/emjE 'f- TOP OF I If Tfl*£l£D ** 9 3 niifiosc/fe rniH srneer Fsees MfA 3 niifiosc/fe rniH srneer Fsees MfA PER sorao e-£ TTP/CAL SECTION - CLASS I TRAJL PREPARED FOR CfTY OF CARLSBAD 1655 FARADAf flI/ENUE CAfiLSBAD. CA 92008 PREPARED BY DOKKEN ENGINEERING xpROPEFirf OHNER/APN *'s! NCTD/^2802^. Z04I60I300. B>Kir02400. S34Or02300, 2040101400 XWATER SERVICE: CARLSBAD UUNICIPAL WATER OISTRICT "PROJECT AREA / TRAJL A/^£A 4.5 ACRES / LO ACRES ^EXISTING ZONE / LAND USE, TRANSPORTATION CORRIDOR / RAILROAD "PROPOSED LAND USEi REGIONAL PEDESTRIAN/BICYCLE TRAIL 0 oto to m PLANt COASTAL RAJL TRAJL LEGEND CUT 150 cr FILL aoo cr mnf/T 650 cr PItOPOSED UUfT OF Mm UK PfOPOSED miET MO COHCHETE AP«W P/fOPOSEO WELDED WIRE MESH FENCE PmPOSED ASPHMJ TflAIL SITE PLAN GRADING AND DRAINAGE, SHEET COASTAL DEVELOPMENT PERMIT DATEi JANUARY 12, 2004 IDOKKEN IK H g I H E a K i w o CARLSBAD COASTAL RAL TRAIL PLANl COASTAL RAIL TRAJL LEGEND / PROPOSED uurr OF mix UME PPOPOSED IHLET AMD CONCRETE APRON PROPOSED WEIDED WIRE UESH FENCE PmPOSED eilASON/V BIDCK WAIL PROPOSED ASPHH.T TRAIL. 0 loai w 60 SITE PLAN (GRADING AND DRAINAGE, SHEET 2) COASTAL DEVELOPMENT PERMIT OATEi JANUARY 12, 2004 PLANl COASTAL RAIL TRAJL SCALETT^ [DOKKEN CARLSBAD COASfTAL RAL THAL