HomeMy WebLinkAboutLos Angeles, City of / Bd of Harbor Commissioners; 1994-02-09; 1419-4r 0 a
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REIMl3URS~ AGFGDENT BEIWEEN THE CITY OF CAFUSW
AND THE CITY OF L13S ANGEXES FOR
ENVIFXlm MO"G, DESIGN supPorrr
AND FQOPERIY ACQVISITION FOR THE
BATIQUITOSLAGOON~~~
THIS AGREEMESJT is mde this 4% day of @* 1994,
beheen the CITY OF cART;sBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and the City of Los Angeles acting by and through the Board of Harbor Commissioners hereinafter referred to as mm. -
WHEREAS, BOARD and CITY intend to pw4e a project identified as the
enhancement of Batiquitos bgmn (Project) as mitigation for bs Angeles
harbor fills; and
federal and state agencies which establish& procedures and responsibilities
for design, construction and maintenance of the Project: and
WHEREAS, BOARD and CITY are parties to an Agrmt (I'MOA") with v;zriou<
-, CITY has already certified the m/EIS, has completed final
design and is now in the process of preparing for Project construction; and
services of Tetra Tech, Inc. for environmental monitoring during construction
to amend the existing agreemat with Moffatt & Nichol, Ekqineers to include design support services during construction and to acquire the necessary properties to construct the Project; and
WHEREAS, to proceed with the project it is now necessary to retain the
WHEREAS, mA€?D is responsible to fund the amount necessary to complete
all tasks necessary to prepare for the construction of the Project.
Now, THEREFORE, in consideration of the covenants and conditions, it i: agreed as follows:
1. City will engage the firm of Tetra Tech, Inc. hereinafter referrc
to as the I3WlRO"rAL MONITOR perform the necessary mnitorhg
and public relations functions for the Batiquitos Lagoon anc cement Project as described mre specifically in the
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* Agreement between the City of Carlsbad and Tetra Tech, Inc., (Attachment 1). amount of $1,999,752.00.
It is undersbod that the - MONITOR shall not proceed
with any of the scope of work tasks designated as an optional task
unless written notice to proceed is received from the City Manager
or his designee.
City will amend their existing engineering agreement with Moffatt
ii Nichol, Etqineers hereinafter referred to as the DESIGN (?o"T, to include design support services during
construction. Merdmmt No. 3 is incorpOrated herein as Attachment No. 2 to this Re- tAgreement. Services
rendered will be on a time and materials basis with a not-to-
exceed amount of $500,000.00,
It is understood that the DESIGN CDNSULZ" shall not begin work
unless prior written authorization is received specifying the tasl
to proceed on and the budget authorized to be spent.
authorization must be received from the City Manager or his
designee.
City will enter escrow agreements and initiate condemnation
Pr- ' s to acquire the property necessary to construct the Project. The cost to acquire the necessary parcels, described in Attachment 3, will be for the not-to-exceed amount of $600,000.00.
In accordance with the provisions of the MOA, BOARD will rein-hrsx
the CITY for all Carlsbad employee salaries and expnses directly
related to the implementation of the Project.
administrative costs and expnses shall not exceed $400,000.00.
BOARD shall pay to CITY the actual cost of Tetra Tech, Inc
services, Moffatt & Nichol, Erqheers -ices, property acquisition costs and CITY alIministrative costs provided these costs shall not exceed the not-to-exceed amounts, (including a 20% contingency), as sham on Attachment 4, without prior written
approval of BOARD. The total not-to-exceed amount for this
Reimhrmt Agreement, including a 20% conti.rqency is
$4,199,702.00.
Services rendered will be for the not to exceed
2.
3.
4.
Written
5.
6.
Actual City
7.
8. The invoices of Tetra Tech, Inc., Moffatt and Nichol, Bqineers
and all additional Consultants retained by City as authorized by
this agrement shall be forward& mnthly to BOARD for approval and direct payment by BOARD in a timely mer. for actual CITY administrative cost, shall be paid by BOARD in a like mer.
It is understood that Tetra Tech Inc., and Moffatt & Nichol
~slgineers shall be indepndent contractors of the CITY.
Monthly invoices
Said invoices shall be fully documented by CITY.
9.
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e 10. If, in the course of this Contract and design, changes seem merited by the EIWIRONMEKCAL MONITOR, DESIGN CONSULTANT, CITY or
BOARD and informal consultations with the other parties indicate that a change in the conditions of the Contract is warranted, the - MONITOR, DESIGN CyxJSuLTANT, CITY, or BOARD may request a change in the scope of work. processed by the initiating party in the following manner: letter outlining the desked changes shall be forwarded to the other two parties to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule
Mter reaching mutual agreement on the proposal, a supplemental
agreement or change order shall be prepared by the CITY and
approved by the M, and Carlsbad's City Council. Campensation
for said change order shall be determined based on the fee &&ules contained in the city/cOnsultant wements.
In consultation with the CITY, BOARD shall have the right to terminate the work of the - IK"IOR and DESIGN
OXSULTANT at anytime for any reason as long as the BOARD reimburses the FNVIRONMENTAL MONITOR, the DESIGN CYxlSULTANT, and
the CITY for costs incurred to date. Such termination shall be accomplished by BOARD providing CITY a written notice and CITY terminating the Agreement as provided in that Agreement.
Such changes shall be
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IN WI"ES WHERMIF, the parties hereto have executed this agreement on
CITY OF CARZSBAD, a Municipal Corporation
the day and year first above written.
Attest lb2xL d? + Aletha L. Rautenhanz, City Clerk
CITY OF LDS ANGELES, by and through its
Board of Harbor ccmmissi c,,,,
L- b+--y-p-L
By EZUNIAL , mecutive Director w-
APmvm As To FORM:
BY Q-da b,,X%
RONALDR. BALI;
City Attorney
r'
Assistant City Attorney
=:PY 2/2/94
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ATTACHMENT NO. 1
AGREEMENT FOR ENVIRONMENTAL MONITORING & COMMUNITY RELATIONS
BATIOUITOS LAGOON ENHANCEMENT PROJECT SERVICES DURING THE CONSTRUCTION OF THE
This Agreement, made and entered intoa;)b 9 , 199.1 by and between the CITY OF CARLSBAD, a municipalucokporatior
hereinafter referred to as "CITY," and Tetra Tech, Inc. a Delawai
Corporation of 6405 Mira Mesa Boulevard, Suite 100, San Diego, (
92121, hereinafter referred to as "CONSULTANTII.
RECITALS
CITY requires the services of Tetra Tech, Inc. to provide tl
necessary environmental monitoring and community relations service
for the construction phase of the Batiquitos Lagoon Enhancemei
Project; and
CONSULTANT, its personnel and Subconsultants, by traininc
knowledge, and experience in the fields of environment:
monitoring, wetland ecology, avian species protection, publ:
facilitation and community relations, possess the necessary skil:
and qualifications to provide the services required by CITY;
Now, therefore, in consideration of these recitals and tl
mutual conditions and covenants contained herein, CITY ai
CONSULTANT agree as follows:
1. DEFINITIONS
A. Asreement. This document and Exhibits A through D,
B. City. The City of Carlsbad, a municipal corporation.
C. City Manaqer. The City Manager of the City of Carlsbad
D. Cities. The City of Carlsbad and the City of Los Angele:
E. Consultant. Tetra Tech, Inc.
F. Proi ect . The Batiquitos Lagoon Enhancement Proj ect , i
defined herein includes (1) reconfiguration of the Lagoon 1
restore tidal inflows and aid in maintaining an open Lagoc
mouth; (2) creation of new intertidal and subtidal habitat!
(3) construction of California least tern and Snowy Plovc
nesting sites; (4) construction of a tidal inlet structurc
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(5) construction of a new West Carlsbad Boulevard Bridge; (6)
disposal of dredged and excavated material by technically
feasible, environmentally acceptable and cost-effective
methods; (7) monitoring activities to determine the condition
of the constructed Lagoon on a regular basis; and (8)
necessary maintenance activities.
G. Subconsultant (s) .
Wetlands Research Associates, Inc.
0 Katz & Associates . Rick Alexander
0 Gallegos & Associates
P & D Technologies
H. Work. All services to be provided by Consultant and
Subconsultants pursuant to this Agreement, necessary to allow
City to proceed with construction and completion of Project.
1.Project Director. As designated by the City Manager, acting
for and on behalf of the City.
2. CONSULTANT'S OBLIGATIONS
The CONSULTANT shall:
A. Conduct the necessary tasks identified in the Scope of
Services, a copy of which is attached "Scope of
Servicesf1- Exhibit A and incorporated by reference
herein;
Attend such meetings of public and private groups as may
be required in conjunction with the work;
Provide all personal transportation during the course of
this agreement;
B.
C.
D. Hold harmless from acts or omissions of CONSULTANT'S employees or Subconsultants while on land owners property all land owners granting permission for CONSULTANT to enter and conduct the required studies as identified in
the "Scope of Services1I.
E. Perform a11 functions, responsibilities and requirements
to compllete work as specified in the I1Scope of Servicesg1
Exhibit A herein above referenced.
3. CITY OBLIGATI'ONS
Under the general direction of the City Manager or his
authorized representative and subject to the provisions of
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this Agreement, CITY shall:
A. Make available to CONSULTANT its records, reports ai
other documents deemed necessary to properly perform tl
sewices required by the CITY;
B. Obtain all required permits, with CONSULTANT
assistance, to allow the CONSULTANT to perform the tasl
identified in the "Scope of Servicest1- Exhibit A;
C. Obtain permission from property owners to allow tl
CONSULTANT to both enter the private property and 1
perform the tasks identified in the llScope of Services"
Exhibit A;
D. Review materials submitted by CONSULTANT in a time:
manner so that the CONSULTANT can adhere to tl
construction schedule,(to be provided by contractor);
E. Announce, advertise, conduct and record all publ.
meetings and hearings, with CONSULTANT'S assistanct
related to the completion of this Agreement;
Provide a Project Director who shall act on behalf of tl
CITY in the execution of this Agreement.
F.
4. SCHEDULE TO COMPLETION
The work under this Agreement will begin within ten (1(
working days after receipt of written notification to procet
by CITY and be completed according to the schedule approvt
for the construction of the Project. Extensions of time mi
be granted if requested by CONSULTANT and agreed to in writii
by the City Manager. In consideration of such requests, tl
City Manager will give allowance for documented ai
substantial unforeseeable and unavoidable delays not caused 1 error on the part of the CONSULTANT, or delays caused by CI': inaction or other agencies' lack of timely action.
5. FEES TO BE PAID TO CONSULTANT
The not to exceed fee payable according to Paragraph (
'!Payment of Fees", shall be $1,999 , 752.00. No otht
compensation for services will be allowed except those itei
covered by supplemental agreements per Paragraph 8, "Changt
in Work".
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6. PAYMENT OF FEES
Payment of fees shall be in accordance with the fees by task
set forth in Exhibit B - "Method of Compensation/Consultant
Fee Schedule". CONSULTANT shall submit invoices monthly that represent the value of work completed to date, minus any prior payments made. Payments shall be made in the course of CITY business following delivery of invoices provided fees are verified and approved by CITY. Payment of any invoices
pursuant to this section shall not constitute a waiver by CITY
of any breach of any part of this Agreement. Payment will
normally be made within 60 days of receipt of invoice.
7. FINAL SUBMISSIONS
CONSULTANT shall deliver to CITY the Work Products in accordance with Exhibit C - tlDeliverablesll
8. CHANGES IN WOB
If, in the course of this Agreement, changes seem merited by the CONSULTANT and the CITY, and informal consultations with
the other party indicate that a change in the conditions of
the Agreement is warranted, the CONSULTANT or the CITY may
request a change in the scope of work. Such changes shall be processed by the CITY in the following manner: A letter
outlining the! desired changes shall be forwarded to the City
Manager or CONSULTANT to inform them of the proposed changes
along with a statement of estimated changes in charges or time
schedule. After reaching mutual agreement on the proposal, a
supplemental agreement or change order shall be prepared by
the CITY and approved by the City Council. CONSULTANT'S
compensation for said change order shall be determined based
on the fee schedules contained in Exhibit B - "Method of
Compensation/Consultant Fee Schedule*'.
9. COVENANTS AGAINST CONTINGENT FEES
The CONSULTANT warrants that its firm has not employed or
retained any company or person, other than a bonafide employee working for the CONSULTANT, to solicit or secure this
Agreement, and that CONSULTANT has not paid or agreed to pay any company cr person, other than a bonafi.de employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability, or, in its discretion, to deduct
from the Agreement price or consideration, or otherwise
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recover, the full amount of such fee, commission, percentagc
brokerage fee, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The CONSULTANT shall comply with the State and Federr Ordinances regarding nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the CONSULTANT'S failure to prosecutc deliver, or perform the work as provided for in th:
Agreement, the CITY may notify the CONSULTANT of its inter to terminate this Agreement. The CONSULTANT shall respor
within ten (10) working days of its receipt of notificatior
The CITY may then terminate this Agreement for nonperformanc
by notifying the CONSULTANT by certified mail. If tl
Agreement is terminated the CONSULTANT, thereupon, has fiT
(5) working days to deliver documents owned by the CITY ai
all work in progress to the Project Director. The Cil
Manager shall make a determination of fact based upon tl
documents delivered to CITY of the percentage of work whic
the CONSULTANT has performed, which is usable in having tl
Work forthis Agreement completed. Based upon that finding z
reported to the City Council, the Council shall determine tl
final payment of the Agreement.
12. DISPUTES
If a dispute should arise regarding the performance of WOI
under this Agreement, the following procedure shall be used 1
resolve any question of fact or interpretation not otherwiz
settled by agreement between the parties. Such questions, :
they become identified as a part of a dispute among persoi
operating under the provisions of this Agreement, shall 2
reduced to writing by the principal of the CONSULTANT or tl
City Manager. A copy of such documented dispute shall 2
forwarded to both parties involved along with recommendt
methods of resolution which would be of benefit to bo1
parties. The City Manager or principal receiving the lettt
shall reply to the letter along with a recommended method (
resolution within ten (10) working days. If the resolutic
thus obtained is unsatisfactory to the aggrieved party,
letter outlining the dispute shall be forwarded to the Cii
Council for its resolution through the Office of the Cil
Manager. The City Council may then opt to consider tl
recommended solution to the problem. In such cases, tl
action of the City Council shall be binding upon the partit
involved, although nothing in this procedure shall prohib.
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the parties seeking remedies available to them at law.
13. RESPONSIBILITY OF THE CONSULTANT
The CONSULTANT shall be responsible for the professional
quality, technical accuracy, and the coordination of all
services furnished by the CONSULTANT under this Agreement.
The CONSULTANT shall, without additional compensation, correct
or revise any errors or deficiencies in its work product and
other services caused by CONSULTANTS negligence or omission.
Neither the CITY’S review, approval or acceptance of, nor
payment for, the services required under this Agreement shall
be construed to operate as a waiver of any rights under this
Agreement or of any cause of action arising out of the
performance of this Agreement, and the CONSULTANT shall be and
remain liable to the CITY in accordance with applicable law
for all damages to the CITY caused by the CONSULTANT’S
negligent performance of or omissions of any of the services
furnished under this Agreement.
The rights and remedies of the CITY provided for under this Agreement are in addition to any other rights and remedies
provided by law.
14. SUSPENSION OR TERMINATION OF SERVICES
This Agreement may be suspended or terminated by the CITY upon
rendering ten (10) working days written notice to the
CONSULTANT. In the event of such suspension or termination,
upon request of the CITY, the CONSULTANT shall assemble the
work product and put same in order for proper filing and
closing and deliver said product to CITY within five (5)
working days. In the event of suspension or termination, the
CONSULTANT shall be paid for work performed up to the suspension or termination date: however, the total shall not
exceed the guaranteed total maximum. The CITY with input from
the CONSULTANT shall agree on the work performed. If no
agreement is reached, the CITY shall make the final
determination as to the portions of tasks completed and the
compensation to be made.
15. STATUS OF THE CONSULTANT
The CONSULTANT shall perform the services provided herein in
CONSULTANT‘S own way as an independent contractor and in
pursuit of CONSULTANT’S independent calling, and not as an
employee of the CITY. CONSULTANT shall be under control of
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the CITY only as to the result to be accomplished and tl
personnel assigned to the Project but shall consult with tl
CITY as provided for in the request for proposal.
The CONSULTANT is an independent contractor of the CITY. TI
payment made to the CONSULTANT pursuant to this Agreemei
shall be the full and complete compensation to which tl
CONSULTANT is entitled. The CITY shall not make any federi
or state tax withholdings on behalf of the CONSULTANT. TI
CITY shall not be required to pay any workers compensatic
insurance on behalf of the CONSULTANT. The CONSULTANT agre( to indemnify the CITY for any tax, retirement contributio: social security, overtime payment, or worker's compensatii payment which the CITY may be required to make on behalf (
the CONSULTANT or any employee of the CONSULTANT for work do
under this Agreement.
16. CONFORMITY TO LEGAL REQUIREMENTS
The CONSULTANT shall cause all work products to conform
applicable requirements of law: Federal, State, and loca
CONSULTANT shall assist the CITY to provide all necessa
supporting documents to be filed with any agencies who
approval is necessary.
17. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, a specifications prepared for this project are to become t
property of the CITY, whether the work for which they a
prepared be executed or not, but they are for this proje
only and are not to be changed or used on any other proje
except at the sole risk of the CITY. In the event th
Agreement is terminated, all documents, plans, specification
drawings, reports, and studies shall be delivered forthwith
the CITY. CONSULTANT shall have the right to make copies the plans for its records. The CONSULTANT shall not allowed to publish the results of the technical studies a
monitoring activities developed expressly as part of th
Agreement without the written permission of the CITY.
18. ASSIGNMENT OF AGREEMENT
The CONSULTANT shall not assign this Agreement or any pa
thereof or any monies due thereunder without the prior writt
consent of the CITY.
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19. SUBCONTRACTING
If the CONSULTANT shall subcontract any of the work to be performed under this Agreement by the CONSULTANT, CONSULTANT
shall be fully responsible to the CITY for the acts and omissions of CONSULTANT’S Subconsultant and of the persons either directly or indirectly employed by the Subconsultant as CONSULTANT is for the acts and omissions of persons directly
employed by the CONSULTANT. Nothing contained in this Agreement shall create any contractual relationship between any Subconsultant of CONSULTANT and the CITY. The CONSULTANT
shall bind every Subconsultant by the terms of this Agreement applicable to CONSULTANT’S work unless specifically noted to
the contrary in the subcontract in question approved in
writing by the CITY.
It is understood that the CONSULTANT intends to engage these
Subconsultants for performance of portions of the Work:
0 Wetlands Research Associates, Inc.
0 Katz & Associates
0 Rick Alexander
0 Gallegos & Associates
0 P & D Technologies
Whenever it is necessary for CONSULTANT to employ
Subconsultants not identified above, their employment shall
require the prior written approval by the CITY except Subconsultants whose total cost is less than Twenty Thousand
Dollars ($20,000).
20. PROHIBITED INTEREST
No official of the CITY who is authorized in such capacity on behalf of the CITY to negotiate, make, accept, or approve, or
take part in negotiating, making, accepting, or approving of
any architectural, engineering inspection, construction or
material supply contractor, or any subcontractor in connection with the construction of the Project, shall become directly or indirectly interested personally in this Agreement or in any
part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the CITY who is authorized in such capacity and on behalf of the CITY to exercise any executive, supervisory, or other similar functions in connection with the performance of this Agreement shall become
directly or indirectly interested personally in this Agreement or any part thereof.
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21. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent or employee of the CITY, either before, during, or after tk:
execution of this Agreement, shall affect or modify any of tl: terms or obligations herein contained nor such verba
agreement or conversation entitle the CONSULTANT to ar
additional payment whatsoever under the terms of thi
Agreement.
22. SUCCESSORS OR ASSIGNS
All terms, conditions, and provisions hereof shall inure t
and shall bind each of the parties hereto, and each of thei
respective heirs, executors, administrators, successors, an
assigns.
23. EFFECTIVE DATE
This agreement shall be effective on and from the day and yea first above written.
24. CONFLICT OF INTEREST
The CONSULTANT shall file a Conflict of Interest Statemen
with the CITY Clerk of the CITY of Carlsbad in accordance wit
the requirements of the CITY of Carlsbad Conflict of Interes
Code .)
25. HOLD HARMLESS AGREEMENT
1. Indemnity for Professional Liability
When the law establishes a professional standard of car
for Consultant's services, for work to be performed b
Consultant under this Agreement, except forthe omission
negligence or willful misconduct of the City of Carlsbad City of Los Angeles, State of California and North Count]
Transit District, collectively hereinafter referred to a: "Indemnified Parties, It Consultant shall indemnify
protect, defend and hold harmless Indemnified Parties an(
any and all of their boards, officers, agents 0:
employees from and against any claims, charges, damages
costs, expenses, ( including counsel fees) , judgements civil fines and penalties, liabilities or losses of an]
kind or nature whatsoever which may be sustained 01
suffered by or secured against the Indemnified Parties
their boards, officers, agents, and/or employees b]
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reason of any damage to property, injury to persons or
any action that may arise out of the performance of this
Agreement that is caused by any act, omission or
negligence of Consultant, its officers, agents, employees
or subconsultants.
2. Indemnity for Other Liability
Except for the sole negligence,(by act or omission), or
willful misconduct of Indemnified Parties, Consultant
shall indemnify, protect, defend and hold harmless
Indemnified Parties and any and all of their boards,
officers, agents or employees from and against any
claims, charges, damages, costs, expenses, (including
counsel fees), judgements, civil fines and penalties,
liabilities or losses of any kind or nature whatsoever
which may be sustained or suffered by or secured against
the Indemnified Parties, their boards, officers, agents
and/or employees by reason of any damage to property,
injury to persons or any action that may arise out of the
performance of this Agreement that is caused by any act,
omission or negligence of Consultant, its officers,
agents, employees or subconsultants regardless of whether
any act, omission or negligence of Indemnified Parties,
their officers, agents or employees contributed thereto
provided that (1) if the Indemnified Parties contribute
to a loss, Consultarit's indemnification of the
Indemnified Parties for the Indemnified Parties' share of
the loss shall be limited to Five Million Dollars
($5,000,000), (2) notwithstanding the limitation in (l),
Consultant shall remain responsible for one hundred
percent (100%) of any loss attributable to it, and (3)
the provisions in (1) and (2) apply on a per-occurrence
basis.
26. WORKERS' COMPENSATION
A. The CONSULTANT agrees to secure the payment of
compensation to its employees injured while performing
work or labor necessary for and incidental to performance
under this Agreement in accordance with the provisions of Section 3700 of the Labor Code of the State of
California.
B. The CONSULTANT shall file with CITIES one of the
following: (1) a certificate of consent to self-insure
issued by the Director of Industrial Relations, State of
California, (2) a certificate of Workers' Compensation
insurance issued by an admitted insurer, or (3) an exact
copy or duplicate thereof of the policy certified by the
director or the insurer. Such documents shall be filed
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prior to commencing the Work of this Agreement.
C. Where the CONSULTANT has employees who are covered
United States Longshoremen and Harbor Worker
Compensation Act coverage, the CONSULTANT must furnj
proof of such coverage to the satisfaction of CITIES.
27. LIABILITY AND INDEMNITY INSURANCE
A. The CONSULTANT shall furnish a policy of comprehensj general liability insurance with endorsements 1 contractual liability assumed and automobile liabilj
insurance, in which Indemnified Parties, their board
officers, agents, and employees are named insureds or 2 included as additional insureds with the CONSULTAb Such policy shall fully protect and save harmless t additional insureds from any and all claims for damaq for bodily injury, including wrongful death, as well from claims for property damages, which may arise fr operations under and in connection with this Agreemer whether such operations be by the CONSULTANT or by 2 subcontractor or Subconsultant or anyone directly
indirectly employed by either of them and whett
liability is attributable to the CONSULTANT or any of t
named insureds I Such policy shall protect t
Indemnified Parties, their boards, officers, agents, a
employees while acting within the scope of their dutic
against all claims arising out of or in connection wi
the work.
B, The minimum limits of Liability Insurance shall be t
limits normally carried by the CONSULTANT, but not 1c
than $1,000,000 combined single limit for property dams
and bodily injury including death. If the submitt
policies contain aggregate limits the CONSULTANT sha
provide evidence of insurance protection for such limit
so that the required coverage is not diminished in t
event that the aggregate limits become exhausted. Sa
limit shall be without deduction, provided tk
Indemnified Parties and their designee may permit
deductible amount when, in their judgement, it
justified by the financial capacity of the CONSULTAN'I
C. When the work of this specification requires the use
watercraft, the CONSULTANT must additionally provi
protection and indemnity insurance in the amount
$1,000,000 combined single limit for marine liabilit
This insurance may be furnished by the Subconsulta
using the watercraft rather than the CONSULTANT.
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28. SPECIAL INSURANCE ENDORSEMENTS
The insurance endorsements attached hereto as Exhibit D -
"Special Insurance Endorsements", shall be made available to
Contractors and CONSULTANTS and shall be filed with the
Project Director to satisfy the insurance requirements
described above.
29. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT certifies that it now has professional liability
insurance in the amount of one million dollars ($l,OOO,OOO),
that it will take whatever steps necessary to assure that the
work performed under this agreement will be covered by such
policy, and that it will keep such insurance or its equivalent in effect at all times during performance of this Agreement
and will expend every effort to retain such policy for two
years following completion of the plans and specifications
under this agreement.
30. INSURANCE DOCUMENTS AND SUBMITTALS
A. All required insurance policies shall be transmitted to
the Project Director within thirty (30) days of award of
contract for approval by CITIES.
The approval of insurance by CITIES shall be a condition
precedent to the right of the CONSULTANT to demand or
receive payment for the work under this Agreement
requiring such insurance. No request for payment will be
processed until the required insurance has been approved
by CITIES and no Notice to Proceed will be issued until
such approval has been given.
B.
C. The CONSULTANT SHALL SUBMIT two "certified duplicate11 copies of all policies of required insurance with
personally executed signatures of authorized agent or
representative. Facsimile signatures will not be approved. IN LIEU OF CERTIFIED DUPLICATE COPIES OF INSURANCE POLICIES, CERTIFICATES OF INSURANCE ENDORSED WITH EXHIBIT D -"SPECIAL INSURANCE ENDORSEMENT" WILL BE ACCEPTED.
D. The General Liability Policy provided by CONSULTANT and
Protection and Indemnity Policy provided by the
Subconsultant using watercraft, as specified in
subsection (D) of paragraph 27, shall name as additional
insureds the Indemnified Parties, their boards, officers,
agents, and employees, and must contain a noncancellation
clause exactly as follows:
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"It is agreed that the insurance provided herein Will nc be canceled or substituted with a policy that is reduce
in amount until the Board of Harbor Commissioners and th City Attorney of the City of Los Angeles and the City o Carlsbad and its City Attorney have been given thirt
(30) calender days notice by certified mail".
IN WITNESS WHEREOF, we have hereunto set our hands and seals
Date 3-224?'y
Attest LL&t?L 2, LzLzzh Aletha L. Rautenkranz, City Clerk
Tetra Tech, Inc.
Date 2-2 e 77 By /'
4,
(SEAL) Attest
k By &A, EL
Ronald R. Ball, City Attorney
4 v -/9v*
LWS/TETRA94
2/1/94
13
=s$L-s*-=q - OPTIONAL SE
CAPACITY CLAl M ED
CALIFORNIA ALL-BURPOSE ACKNOWLEDGMENT
Though statute does not reqi
fill in the data below, doini
invaluable to persons relying (
County of 5% 31~6~ >
c] CORPORATE OFF11
TITLE(S)
personally appeared
personally known to me - OR - @ proved to me on the basis of satisfactory evidence
subscribed to the within instrument and ac-
knowledged to me that hemthey executed
the same in hiswtheir authorized
capacity.&s), and that by hic3their
signature@) on the instrument the person(.&
or the entity upon behalf of which the
person@ acted, executed the instrument.
PARTNEW) a '
ATToRNEY-IN-FA( n TRUSTEE(S)
GUARDIAN/CONS~
to be the person@ whose name@J@are
QOTHER %WC
SIGNER IS REPRE,
NAME OF PERSON@) OR EN
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT TITLE OR TYPE OF
NUMBER OF PAGES 13
SIGNEWS) OTHER THAN NAMED ABOVE nt reattachment of this form -"---- 222=.-9
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave , P 0 Box 7184 - Ca
*
8. e e
POWER OF ATTORNEY
TETRA TECH, INC., a Delaware corporation, hereby makes, constitutes
appoints BETTY J. DEHONEY, an employee of said corporation, as its true and lay
attorney-in-fact, to act in its behalf for the purpose of executing an agreement with the
of Carlsbad, a municipal corporation, 2075 Las Palmas Drive, Carlsbad, California 92009
environmental monitoring and community relations services during the construction of
Batiquitos Lagoon Enhancement Project.
agreement which is expected to be executed on or about February 2, 1994.
Said services are to be performed under
THIS POWER OF ATTORNEY is limited to the execution of the ab
referenced agreement and shall become null and void after expiration or termination ol
agreement.
WITNESS my hand and the seal of the corporation this 1st day of Febri
1994.
TETRA TECH, INC.
&2 q K- ,< x.- 1 ,-- L2 /I
J
Li-San Hwang, President
(SEAL)
I 0 0 *.
EXHIBIT A
ENVIRONMENTAL MONITORING h COMMUNITY RELATIONS SERVICES
SCOPE OF SERVICES
Prepared for
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-4859
and
Port of Los Angeles
425 South Palos Verdes Street
San Pedro, CA 90733-0151
Prepared by
Tetra Tech, Inc.
6405 Mira Mesa Blvd., Suite 100
San Diego, CA 92121
w a
CITY OF CARLSBAD COMMUNITY DEVELOPMENT
Tetra Tech has assembled a team of highly qualified technical specialists to
respond to a variety of environmental monitoring and public information
tasks. The technical approach is divided between two major tasks:
Environmental Monitoring and Public Relations. Section 2.3, Other Related
Services, has been included which presents optional work items that may
be required, but cannot be defined at this time - Supplemental Permit
Coordination and Supplemental Environmental Document Preparation.
The Environmental Monitoring task includes all of the construction
monitoring requirements as designated in the EIR/EIS or in other applicable
regulatory permits. Some of the monitoring tasks required by the permitting
agencies will differ from the EIR/EIS and similar agencies; in these
situations, the most restrictive permit condition will prevail. Some permits
have not been obtained at this time nor conditions refined. For example, the
Regional Water Quality Control Board and Air Pollution Control District have
not issued permits for this project. The scope which follows includes either
existing or anticipated requirements from the applicable agencies. Where
specific scopes of work cannot be clearly defined, it is noted in the text.
The Public Relations task includes far more than that which is typically
included in a public relations task. A strong policy and project facilitation
orientation is included. We have examined and responded to the specifics
requested in the Request for Proposal. We have also reviewed the goals of
the City and Port, discussed the project at length with the project staff and
agencies, noted the controversy that was previously encountered and which
is expected to continue, and examined the project to determine areas of
potential conflict. Through this examination process, we have also proposed
other elements in our work plan which will emphasize the "facilitator" or
proactive approach to this task.
Tetra Tech has also designated a team of key senior specialists within our
organization to provide technical/rnanagement support. No specific
assignment or task has been scoped at this time: however, this team is
available in the event that unforeseen problems occur requiring immediate
Environmentd Monitohg
Project faaiit8tion and Public
ln formation
Services OtherRdated
@I BATIQUITOS LAGOON ENHANCEMENT PROJECT
1
z
.* CITY OF CARLSBA OMMUNITY DEVELOPMENT' '.
action. They are also available for incorporation into the Advisc
Committee {optional task dlscussed under the Public Relations Secth
This entire team, or designated members, will be made available to t
project on an as-needed basis. Although it is anticipated rhat the origir
Technical Advisory Committee wdl be retained in a review capacc
throughout the construction process, Tetra Tech wi:l provide read
available technical staff of the highest caliber for the duration of tl
proj8ct.
There are two major components to our approach. One component is t
routine monitoring and coordination with the various entities involved in tl
construction, management, and regulatory review. This component
detailed below and specific work assignments have bsao proposed, TI
second component is the emergency response component. It is o
intention that the coordination and involvement of our environmen
monitoring team and close communication with the Constructi
Management team will minimize problems; however, in a 3-yc
construction project of this magnitude, unanticapted events are likely
occur. Whether it be an unexpected rainfall causing an emergency with t
outfall or an inadvertent encroachment into an endangered species habit;
the Environmental Monitoring Team will be prepared to respo
immediately.
To facilitate program coordination and mitigate emergency situations, Tet
Tech's key team members will be available through the use of per$ar
pagers, Phone numbers for Betty Dehoney (Project Mznager) and Ri
Alexander {Project Facilitator) will be available to the City's Proje
Manager, Port's Project Manager, Construction Manager, Contractor Proje
Manager and the Community Liaison representative. In the event of N
Dehoney's or Mr. Alexander's unavailability, a second member of the tea
will be designated as a backup. If an emergency occurs, the appropriz
response team can be assembled quickly (e.g., least tern biologist, wan
quality specialist, public information specialist). Contacts with t
appropriate regu1arot-y agencies and appropriate remedial action can
initialed or, if necessary, an appropriate public response can be prepar
(e-g., media contacts). All home telephone numbers of key technk
specialists wiil be availabla to rhe Project Manager to ensure that the te;
can be assembled aad respond quickly. It is also recornmended that t
phone fiumber of an appropriate Crty representative be avaiiable to t
Environmental Monitoring Team.
'I E e A 1 1 c2 c' I T 0 S L A G 0 U )i E N li A H C t K € H I P R 0 J E c T
2
w w
CITY OF CARLSBAD COMMUNITY DEVELOPMENT
In addition to our technical approach, Tetra Tech believes that the success
of this project will rely upon the project management. Ms. Betty Dehoney
will serve as overall project manager reporting directly to the City of
Carlsbad's Project Director. The individual task leaders will report directly
to Ms. Dehoney. The specific responsibilities which will be conducted under
the Project Management task, as well as the corporate management tools
available to the Project Manager are discussed in Section 3.0, Project
Management.
1 ENVIRONMENTAL MONITORING
1.1 Construction Monitoring Activities
Services related to water, air quality, and noise control will be provided by
Tetra Tech. WRA will provide lead services in the areas of avian species
protection, Endangered Species Act (ESA) compliance, and salt marsh
vegetation monitoring. Gallegos & Associates will direct the cultural
resources tasks.
Task 1: Avian Species Protection
Avian species protection measures focus directly on the following species:
8 California least tern;
Western snowy plover;
Belding's savannah sparrow; and
n Light-footed clapper rail.
All work related to these species will be performed by the avian biologist
assigned to the project. The majority of the work will occur in the period of
March 1 through September 15 when the avian biologist will be responsible
for monitoring the least tern and western snowy plover nesting sites. There
will only be limited construction occurring during this period, primarily to
bridges and other infrastructural improvements. During the major dredging
activities, least terns and snowy plovers will not be present in the lagoon.
However, Belding's savannah sparrows and light-footed clapper rail may be
present where dredging is proposed near wetland areas. The avian biologist
will be present when dredging is occurring near these sensitive areas. When
El BATlQUlTOS LAGOON ENHANCEMENT PROJECT
3
',CITY OF CARLSBA OMMUNITY UEVELOPMENT
dredging is occurring in the middle of basins, the avian biologist will be t
call as needed to address any problems with shorebirds and waterfowl
Major tasks for the avian biologist will include:
Monitoring and coordination with the Construction Mana
to ensure compliance with availability of nesting sites
March 1, including site cleanup and inspection.
8 Observations of least terns and western snowy plov
within the lagoon that are initiated on March 1 of each y
until end of the nesting and fledgling period (approximat
September 151, including:
- Arrival and foraging activities of least terns and west
snowy plovers;
- Nest site monitoring; and
- Predator monitoring and implementation of pred,
control activities as warranted.
m Pre-inspection of areas where dredging will occur within '
feet of coastal salt marsh to determine presence of Beldir
savannah sparrow and/or light-footed clapper rail (du
nesting season only).
rn Routine and on-call inspection of site during dredj
activities to ensure compliance with general protec
measures for avian wildlife resources.
To perform the tasks required, it will be necessary to locate a field officc
the avian biologist at the project site between March 1 and Septembe
of each year. This is required for regular inspections that must be compl
during this period, both within the lagoon and on the nesting sites. DI
the remainder of the year, the avian biologist will be responsible for rot
inspections and on-call services.
I BATIQUITOS LAGOON ENHANCEMENT PROJECT
4
-.. . V. V-..LYY-U V.r..r.v.r~ I I YCVCLW~IVICII I
The support services required will be based on (1) the occurrence of birds
and nesting activity within the lagoon and (2) the needs of the City for
services of an avian biologist during the non-nesting season when dredging
activities are occurring. For the purposes of this scope of work, WRA is
assuming that all nesting sites will be utilized and will require a full-time
biologist for the duration of the nesting season. This assumption is based
on the need to undertake all daily monitoring, nest site inspections and
counts, and predator control efforts. If warranted, additional staff may be
necessary to undertake an approved control plan. However, if no or few
birds arrive and nest on the site, the amount of monitoring effort may be
reduced in consultation with the City and federal and state agencies. During
the non-nesting season, the specifications do not require any specific
services; however, the avian biologist will be on-call and available to make
routine inspections as needed.
During the nesting period, the avian biologist will also be responsible for
submitting weekly and monthly reports required by the contract. Other
ancillary monitoring required in those areas being constructed will also be
handled by the avian biologist.
Task 2: Endangered Species Act Compliance
The Tetra Tech team will complete all tasks related to the Endangered
Species Act compliance measures. These measures include the following.
Preparation of a small booklet on the endangered plant and
animal species potentially occurring at Batiquitos Lagoon,
with descriptions, photographs, and/or illustrations of each
species. Tetra Tech will supplement the endangered species
portion of the booklet with other important mitigation
measures.
rn Preparation and presentation of a training program for
construction employees and other individuals involved in
project work, management, or monitoring. The training
program will involve classroom instruction and field
demonstrations. These training sessions will be held
@I BATIQUITOS LAGOON ENHANCEMENT PROJECT
5
'. CITY OF CARLSBA e COMMUNITY DEVELOPMEN P
quarterly to ensure that all construction employees recos
the importance of these conditions.
WRA has provided similar training programs to dredge operating emplo
of Cargill Salt and has prepared a booklet on endangered species for P;
Gas & Electric staff working on transmission facilities in wetland area:
Task 3: Delineation of Coastal Salt Marsh and Other
Environmentally Sensitive Areas
The Tetra Tech team will review the proposed access, construction sta
areas, and dredging activities with the Construction Manager to deter1
the extent of impact to vegetated wetlands. WRA will recomn
alternatives to reduce impacts to wetlands to the extent practicable. C
it is determined where impacts will occur, WRA will inspect areas for
sensitive wildlife species and will stake and flag the boundary of
proposed activities. These areas will be mapped and the acreage tc
disturbed determined. WRA will also inspect the site to ensure complii
with the boundaries established by flagging.
Task 4: Water Quality Mitigation Monitoring
Water quality mitigation monitoring encompasses two major componc
turbidity monitoring and bacterial monitoring. Turbidity monitoring wi
required whenever dredge material is being discharged onto the beach.
bacterial monitoring will also be required whenever dredge material is b
discharged onto the beach. In addition to this routine, bacterial monitc
will be required whenever the lagoon is breached, either intentional1
accidently. Our cost proposal anticipates one intentional breaching at prc
completion.
Six turbidity monitoring events will be conducted semi-weekly for tl
months to coincide with the unequal semi-diurnal spring tides. These (
will document worst-case naturally occurring turbidity conditions. TI
near-surface sampling stations will be established: one 1,000 me
upcoast from the lagoon mouth (control), one at the lagoon mouth, and
third 1,000 meters downcoast of the lagoon. Each of these stations wi
located approximately 100 meters from the mean higher high tide
t BAT~QUITOS LAGOON ENHANCEMENT PROJECT
6
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CITY OF CARLSBAD COMMUNITY DEVELOPMENT
Three near-surface water samples (replicates/split samples) will be obtained
with Van Dorn bottles during each sampling period. This sampling grid can
be shifted as necessary to accommodate proposed dredged material
discharge locations. Turbidity monitoring will be conducted semi-weekly
(alternative term, twice a month) for three months to establish baseline
conditions prior to initiating any dredge disposal operations. Three samples
will be collected during each sampling event. Stations to be monitored
include a station (control) located approximately 1,000 meters northerly of
all dredge disposal operations and approximately 100 meters offshore.
Another station located approximately 1,000 meters southerly and 100
meters offshore of all proposed dredge operations will also be monitored.
All monitoring will be conducted during peak tidal conditions.
Once dredge operations have been initiated, turbidity will be monitored once
a month at the same locations specified above. If turbidity exceeds 20
percent above the control station, the Regional Water Quality Control Board
(RWQCB) will be notified.
Coliform bacterial monitoring will be required for two aspects of the
Batiquitos Lagoon project: breaching the lagoon and dredge disposal
operations. All bacterial testing will be completed at a laboratory certified
by the State of California Department of Health Services (DOHS).
During most of the dredging program, the water level in the lagoon will need
to be maintained. This will be accomplished predominantly through the use
of a cobble berm separating the lagoon from the ocean. This berm may need
to be breached to allow excess water from the lagoon to enter into the
ocean to prevent flooding. No less than one nearshore shallow subsurface
water sample will be obtained and tested for coliform bacteria prior to
breaching the berm. When the lagoon is breached, either naturally or
artificially, similar water samples will be obtained at 24-, 48-, 96- and
1 68-hour intervals following breaching and tested for coliform bacteria.
The RWQCB and DOHS will be notified within 24 hours if any water
samples contain coliform bacteria at levels that exceed Ocean Water Quality
Standards. Signage will be immediately posted prohibiting body contact with
the water. Additional sampling will be conducted at 100, 200, 500, and
1,000 meters downcurrent of the lagoon mouth to identify the extent of
@I BATIQUITOS LAGOON ENHANCEMENT PROJECT
7
+.
’. CITY OF CARLSB B COMMUNITY DEVELOPMEN P
bacterial contamination. If bacterial contamination is noted at 1,000 me
additional monitoring farther downcurrent will be required. Signage w
posted in all areas adversely affected by the bacterial contamination.
Water samples will be taken daily at all locations which have been foul
be contaminated until no bacterial contamination is noted for 1
consecutive days. Signage will then be removed and RWQCB and DOH!
be notified.
After each breaching, a report of findings will be transmitted to RWQCE
DOHS within 15 days. If positive contamination is noted, a report w
submitted within 15 days after it has been determined that water qi
has returned to acceptable levels.
Water samples will be taken once a week whenever dredged material:
being discharged onto the beach. The samples will be taken within
meters of any dredge disposal site(s). If any water sample is foun
contain bacteria at levels that exceed Ocean Water Quality Standi
RWQCB and DOHS will be notified within 24 hours. Signage wi
immediately posted prohibiting body contact with the water. Addit
sampling will be conducted at 100, 200, 500, and 1,000 mc
downcurrent of dredge operations. If positive bacterial contaminatic
identified, water samples will be taken daily at all locations which have I
found to be contaminated until no bacterial contamination is noted for 1
consecutive days.
Monitoring reports for routine sampling, when all samples are negative
be submitted quarterly. If any sample is identified as posit
contaminated, a report will be submitted within 15 days after it has I
determined that water quality has returned to acceptable levels.
When no materials are being disposed on the beach, no water qL
monitoring is required. Quarterly reports will document the disposal di
quantities of material disposed; and water quality sampling data.
The cost proposal includes routine monitoring assuming no beach disl:
during the summer and one lagoon breaching. The cost proposal doe:
include extensive contamination testing or more than one lagoon breacl
I BATIQUITOS LAGOON ENHANCEMENT PROJECT
8
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CITY OF CARLSBAD COMMUNITY DEVELOPMENT
Task 5: Air Quality Mitigation Monitoring
The air quality mitigation monitoring program will include review of Air
Pollution Control District permits, routine equipment inspection, and fugitive
dust emissions.
The operators or owners of the dredges will have to obtain air permits from
the San Diego County Air Pollution Control District (SDAPCD). Because of
the high usage rate and horsepower ratings of the dredge diesel engines, it
is likely that an air quality analysis, including air quality modeling and source
testing, will be required for the permit applications. Tetra Tech will verify
that the permits have been granted by SDAPCD prior to the start of
dredging operations. It should be noted that it may require 4 to 8 months
to obtain the permits. In the event that modeling or monitoring is required
for acquisition of the permit, Tetra Tech can provide those services on a
contract basis.
No APCD permit is available at this time. When the permit is received, if any
additional monitoring is required, Tetra Tech will provide specific scope and
level of effort at that time. The environmental monitor will be responsible for
the weekly inspection of construction equipment, including dredging,
graders, truck, and pumps to verify that air pollution control equipment is
in place and functional, and that there are no obvious leaks of fuel or
lubricant. They will also inspect the dredge fueling operations to verify the
use of spill containment equipment.
An environmental monitor will perform unscheduled visual inspections of the
project operators to ensure that project personnel are complying with the
mitigation measures to reduce fugitive dust. The mitigation measures
include the following:
Covering of access roads with compacted gravel or another
appropriate surface material;
# Watering of unpaved construction areas as needed to control
fugitive dust emissions;
@I BATlQUlTOS LAGOON ENHANCEMENT PROJECT
9
8. CITY OF CARLSBA @ COMMUNITY DEVELOPMEN 1,
Washing of vehicle wheels to prevent tracking of
offsite; and
rn Covering of stockpiled soils with suitable vegetativl
synthetic cover.
This monitoring will occur concurrent with other monitoring activi
Should APCD require a more formalized program, Tetra Tech will review
supplemental APCD requirements and specify a scope and cost estir
when a formal permit is received.
Task 6: Noise Mitigation Monitoring
Tetra Tech will assign an environmental specialist to measure noise le
prior to initiation of construction and twice annually for a total of se
monitoring sessions. Four to six receptors will be established sensi
locations. The measurements will be made during each shift.
Noise measurements at each site will be measured over a 1-hour pe
using a sound logging meter. This meter calculates the Leq (the equiva
noise level measured in dBA over the 1-hour period); L,,, and I-,,,in
highest and lowest noise level in dBA measured during the 1-hour perk
and L,, L5, L,,, L,, (noise levels in dBA that are exceeded 1, 5, 50, and
percent of the time during the 1-hour period).
Task 7: Cultural Resources Mitigation Monitoring
Gallegos & Associates, with support from Tetra Tech archaeologists,
be responsible for implementing the archaeological resources mitigal
monitoring program. One meeting will be conducted with the Army CO
of Engineers and City staff to review and confirm the archaeolog
protocol.
The archaeological monitor will obtain an updated records search i
review all final grading and construction plans. Potential areas
disturbance include the staging areas and any access roads required by 1
contractor. Two preconstruction meetings have been proposed with 1
archaeological monitor and the City, Construction Manager, and Contract
E BATIQUITOS LAGOON ENHANCEMENT PROJECT
10
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CITY OF CARLSBAD COMMUNITY DEVELOPMENT
Upon review of the records search and plans, a site reconnaissance will be
conducted to ensure that there are no additional unrecorded or unmitigated
archaeological resources which could be affected by the project. In the
event that the project could affect either unrecorded resources or existing
resources which have not been mitigated, a testing/data recovery program
would need to be conducted. Because of the uncertainties related to the
number or extent of archaeological resources, all testing/data recovery is
out of scope and would require contract amendment.
During the actual "rough grading" associated with the preparation of the
staging areas and access roads, an archaeological monitor will be onsite to
ensure that no subsurface archaeological resources are disturbed. Because
of the limited amount of grading anticipated, a total of 40 hours are
proposed for construction monitoring. If additional monitoring of grading
activities are required, the costs would be billed on a time and materials
basis.
A report of findings, consistent with federal and state requirements, would
be prepared documenting the results of the field reconnaissance and
monitoring program.
The archaeologist will also provide support for the Interpretative Center. A
general level article will be prepared documenting prehistorical use of the
Lagoon. This article will be written for the newsletter and a graphic will be
prepared for the Interpretative Center.
The paleontological monitor will review the data presented in the EIR/EIS,
grading plans for the staging areas, and any access roads proposed by the
contractor. A field reconnaissance of these areas would be conducted to
determine the nature and distribution of deposits of low, moderate, and high
paleontological resource importance. Should any area proposed to be
disturbed by grading be identified to potentially contain moderate or highly
important paleontological resources, grading would be monitored. A
contingency estimate of 40 hours for field monitoring is proposed; however,
because of limited grading associated with the project, it is expected that
monitoring will not be necessary. At the completion of this task, a report of
findings will be completed.
m BATlaUlTOS LAGOON ENHANCEMENT PROJECT
11
’. CITY OF CARLSB a COMMUNITY DEVELOPMEN c
EXHIBIT 2
SAMPLE
WEEKLY STATUS REPORT TRANSMITTAL
BATIQUITOS LAGOON ENVIRONMENTAL MONITORING PROGRA
The following report summarizes activities on the Batiquitos
Lagoon Environmental Monitoring Project for the period -
to - . Mitigation monitoring and reporting forms are
attached.
Task 1.1 : Avian Species Protection
Task 1.2: Endangered Species Act Compliance
Task 1.3: Delineation of Coastal Salt Marsh and
Other Environmentally Sensitive Areas
Task 1.4: Water Quality Mitigation Monitoring
Task 1.5: Air Quality Mitigation Monitoring
Task 1.6: Noise Mitigation Monitoring
Task 1.7: Cultural Resources Mitigation Monitoring
Monthly Reporting
A monthly status report will be prepared and transmitted to the Ci
Project Director at the close of each month. This status report will pro
a written summary of the environmental monitoring and public relat,
tasks. Additionally, copies of all project correspondence and/or mate
generated by the Public Relations task (e.g., newsletters, policy pap
media) will be attached to the status report at this time. Five copies of
status report will be provided to the City. This monthly status report
accompany the invoice prepared for the project. A sample Monthly St;
Report format is provided in Exhibit 3.
Annual Report
Two annual reports will be prepared documenting the Environmei
Monitoring program results and activities conducted under the Pu
Relations task. The Environmental Monitoring annual report will fo
E BATIQUITOS LAGOON ENHANCEMENT PROJECT
14
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CITY OF CARLSBAD COMMUNITY DEVELOPMENT
EXHIBIT 3
SAMPLE
BATlQUlTOS LAGOON ENVIRONMENTAL MONITORING PROGRAM MONTHLY STATUS REPORT
The following report summarizes activities on the Batiquitos
Lagoon Environmental Monitoring Project for the period -
to -*
PROJECT STATUS:
Activities Completed
1. ENVIRONMENTAL MONITORING
Task 1.1 : Avian Species Protection
Task 1.2: Endangered Species Act Compliance
Task 1.3: Delineation of Coastal Salt Marsh and
Other Environmentally Sensitive Areas
Task 1.4: Water Quality Mitigation Monitoring
Task 1.5: Air Quality Mitigation Monitoring
Task 1 .6: Noise Mitigation Monitoring
Task 1 .7: Cultural Resources Mitigation Monitoring
2. PUBLIC RELATIONS
Task 2.1 : Project Facilitation
Task 2.2: Community Liaison
Task 2.3: Public Relations
Activities in Progress
Activities Scheduled for Next Month
Potential Problems
Schedule Status
Meetings
Attachments
strictly on the environmental tasks, including permit conditions. It is
anticipated that the Environmental Monitoring annual report will be provided
to a variety of permitting agencies, City Council, Port Board of
Commissions, and others (any advisory committees or other public interest
groups) to be determined through discussion with the City. Because of the
potential widespread distribution of this report, we have estimated that 50
Q B ATI QU ITOS LAG o 0 N E NHA NCEM ENT P R 0 JECT
15
0 0 -
’.
Bln.mnTcs-EmaEcl COHSTRUCTlON IIIFnWTWN YOMTOWNQ LOG
M~hgat~m Measure:
Caraarrg Enwromneneal h4cmt.x
eAlMoSlAaccuEHIUC8EM-u CONSTAUCTlON MITIGATION MONITORING RESULTS
M!3?@lonMBssure A-~N-
Ermronnantsi Monitor.
EIR 01 CcdAmal Neg. Dec:
Rrbmg~R196.-m~m~b.Ommnol-*.bpr9rtm~(a~Ma~ kpamamd Wag.*rm Armp*.dm~rmraam*pm--M~~-m~~~~ m~n~.mh.raay.mmm0norrnraa1.0aa*rrrm~.3~m(~~.c~llarroa*~~dbnz~~1~
Exhibit 1
w w
CITY OF CARLSBAD COMMUNITY DEVELOPMENT
11.2 Reporting
The reporting program will encompass the documentation requirements for
the City. All of the reports mandated by the permitting process (e-g.,
quarterly reports for Regional Water Quality Control Board) are included in
the individual task description. All reports will be transmitted to the City for
approval prior to transmission to any outside sources.
A monitoring and reporting file will be established for this project. Copies of
all original field data, laboratory analyses, photographs, and other related
documentation will be maintained. All data and reports will be logged to
ensure that all records are complete. The log will contain a document
control number and a text description.
Mitigation forms will be prepared for each monitoring activity. Forms that
were used in the EIREIS will be used, or slightly modified, to reflect
individual requirements for a specific task. A sample format is presented as
Exhibit 1.
All monitoring forms and reports will be cross-referenced in two files. A
chronological file will be maintained retaining all forms in sequential order.
A second set of files will be maintained by issues. For example, all water
quality monitoring reports will be retained in a separate file. In this manner,
review of file data can be conducted either by time frame (e.g., review all
monitoring conducted in spring 1995) or by issue (e-g., review all least tern
files to date).
Weekly Reporting
A compilation of all monitoring and reporting forms will be transmitted to
the City's Project Director on a weekly basis. AI1 forms from field personnel
will be transmitted to the Environmental Manager at the close of business
on Friday. All forms and a summary status report will be transmitted to the
City's Project Director on Monday. It is anticipated that five copies will be
required by the City. As discussed previously, these reports will be
maintained in a contract file chronologically and by issue. A sample
transmittal format is shown in Exhibit 2.
Q BATIQUITOS LAGOON ENHANCEMENT PROJECT
13
4 0 ... \. .. CITY OF CARLSBA COMMUNITY DEVELOPMENT
copies will be provided to the City for distribution. A reproducible mi
(unbound) copy will be provided in the event that the City req
additional copies.
The Public Relations' annual report will provide a compilation of the
year's activities, proposed program for the next year, and
recommendations for future tasks. It is assumed that the distribution of
report will be limited to the City and Port; therefore, 10 copies wi
provided to the City for distribution. A reproducible master (unbound) (
will be provided in the event that the City requires additional copies.
Photographic Documentation
Photodocumentation will be provided for environmental monitoring
public relations activities, such as workshops, community meetings,
exhibits. Technical staff conducting the routine environmental monita
will photograph appropriate tasks and environmental conditions usinc
mm still-format cameras. In the event that any violations are no
photodocurnentation will be conducted as soon as feasible. Cameras wi
made available to field personnel and at least one camera will be kept at
construction site.
Tetra Tech will also provide video of the routine monitoring, public relatic
and any violations. This film can be used for documentation purposes
for use by the public relations team. A video camera will be kept at
construction site in the event of any violations.
On the back of each photograph, the following information will be provic
8 Date;
8 Time;
m Description; and
8 Photographer.
For any video tapes prepared, the tape and the film cover will be coded. -
following information will be attached to the film cover:
8 Date;
E BATIQUITOS LAGOON ENHANCEMENT PROJECT
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CITY OF CARLSBAD COMMUNITY DEVELOPMENT
8 Time;
m Descriptions; and
8 PhotographerLs).
1.3 Meetings and Presentations
Tetra Tech will coordinate with the City's Project Director to ensure that the
appropriate team members are available to attend all meetings and
presentations. Because of the uncertainty related to the number and length
of time for these meetings and presentations, this task will be billed on a
time and materials basis. The monthly status report will document the time,
staff in attendance, and requirements for support staff for this task. Tetra
Tech has the in-house resources to provide all graphics, slides, reports,
handouts, exhibits, and other related materials for meetings and
presentations. A contingency estimate is provided for the following
meetings and presentations:
Weekly Status Meetings
A total of 31 2 weekly status meetings are estimated (2 meetings per week
for Construction Management and the City, 52 weeks per year, for 3 years).
Ms. Dehoney will attend all of the weekly status meetings. Rick Alexander
will attend one meeting per week. Dr. Josselyn has been scheduled to
attend 28 weekly status meetings. Tetra Tech will provide one of our
Technical/Management Specialists for six meetings. They will be available
at key milestones or at critical junctures in the process. Should the
attendance of additional technical specialists be warranted, the attendance
will be billed on a time and materials basis. Preparation and attendance is
estimated at six hours per meeting.
Public Presentations
It is estimated that 12 public presentations will occur over the course of the
project. Ms. Dehoney, Mr. Alexander, and Dr. Josselyn will be available for
all of the public presentations. Preparation and attendance at each of the
public presentations is estimated to require 20 hours for each of the
principals and 40 hours for support staff, such as graphics and word
processing assistance. Any additional technical specialists will be billed on
@I BATIQUITOS LAGOON ENHANCEMENT PROJECT
17
0 CITY OF CARLSBA 9 COMMUNITY DEVELOPMENT .. *.
a time and materials basis. This task is discussed in more detail in the PL
Relations task description.
Public Agency Meetings
It is anticipated that 12 formal agency meetings will be conductec
Carlsbad. Ms. Dehoney, Mr. Alexander, and Dr. Josselyn will be avail;
for all public agency meetings. Any additional technical specialists wil
billed on a time and materials basis.
2 PROJECT FACILITATION AND PUBLIC INFORMATION
The overall role of the Project Facilitator is to plan and coordinate activii
of the Project Facilitation and Public Information Team. The Facilitator
work closely with the Project Directors, Construction Manager, i
Enhancement Project Team to ensure that consistent and accurate pol
statements and public information programs are being conducted. 1
Project Facilitator will also manage and support the activities of
Community Liaison and Public Information Liaison. The Tetra Tech Te
has incorporated the services of Rick Alexander to serve as Proj
Facilitator. His experience with policy-making and consensus developme
presentation skills, and recent policy level participation in key Carlsb
projects make him a natural choice for this position.
There are three major tasks under Public Facilitation and Public Informatic
rn Public Facilitation
m Community Liaison
rn Public Information Program
2.1 Public Facilitation
This section of the proposal outlines a series of tasks designed to provi.
the Batiquitos Lagoon Enhancement Project with a state-of-the-art proce
which will demonstrably enhance the project's overall conduct, perceptio
acceptance, and internal coordination. These tasks will be spread over tl
entire 3-year life of the project. Some of these tasks will require da
attention, others will be performed on a weekly or other regular basis. In tl
E! 6ATlQUlTOS LAGOON ENHANCEMENT PROJECT
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CITY OF CARLSBAD COMMUNITY DEVELOPMENT
budget, we have attempted to determine an average time allocation for the
following tasks (dividing it equally over the 36-month period).
Public Interface and Presentations: Provide the primary project interface
with the community. Design, schedule, and facilitate meetings with the
community, government officials, resource agencies, any committee
structure, and other project participants. Develop and staff the Public
Participation Framework described in this proposal if that process is selected
for inclusion. Participate in regularly scheduled project team meetings.
Agency Interaction: Coordinate and interface with federal and state
agencies and with elected officials. Ensure access to regulatory and
resource agency decision-makers and other key officials so that approval of
in-process project modifications does not cause unnecessary delay.
Public Interface and Presentations
Some of these tasks are specified or implied in the RFP and others are
suggestions of the Tetra Tech team and are for consideration. If selected,
we will negotiate with the City to refine the scope and level of efiort for
each of these tasks.
As one of several initial activities, the Facilitator will begin preparation of a
series of Policy Papers intended to establish a theme for interaction with the
public and media, and describe how the project will respond to specific
situations. In this role, the Facilitator will serve as the author of these
internal policy documents which will be the product of all team members.
An initial set of recommended subjects are described below.
One Policy Paper will describe the overall strategy to be employed by the
project team in dealing with the public. The Facilitator will assign
responsibility for public interaction, describe procedures to be generally
employed, including level of response and referral guidelines, and establish
performance standards for dealing with public concerns. The paper will also
set goals and a schedule for the production and circulation of public
information material during year one, and determine which project
milestones require the greatest information distribution efforts. It is
anticipated that the Policy Paper would be updated at the start of each
Q BATIQUITOS LAGOON ENHANCEMENT PROJECT
19
-
'. .% CITY OF CARLSBA e COMMUNITY DEVELOPMEN A
project year so that it can be modified based on our experience and reali
schedules and products set for the ensuing twelve-month period.
The project must be prepared for natural or accidental situations wt
affect the environment, the schedule, or the apparent regular operatior
the program. This Policy Paper will draw on the combined experience of
project team so that we have a contingency plan for addressing emerge;
situations both in terms of the Construction Team's response and
Environmental Monitoring Team's response and explanation of the situal
to the public. A short list of events that would require special attenl
would include the following.
m Sustained or torrential rain which produces signific
flooding in Encinitas Creek, San Marcos Creek, or
lagoon.
Brushfires which affect the project site or burn a substar
portion of the drainage basin.
Public safety concerns related to project equipment and I:
highway and rail bridges in the event of a sizable earthquz
Accidents which affect the operation of large equipmeni m
n Accidents which could potentially cause fuel or chem
spills in the lagoon or near shore area.
Severe winter storms which cause extreme tides and/or !
conditions which affect the project structures or equipmc
m
Planned or unplanned human interference which cat
damage or delay to the project.
m Sewage or toxic spills which could occur as a resul
construction activity or in areas upstream.
The project team will jointly develop a Policy Paper on what response wc
be taken to regulatory changes, and based on an analysis of federal
€ BAT10 UITOS LAG 0 ON E NHANCEYENT PROJECT
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CITY OF CARLSBAD COMMUNITY DEVELOPMENT
state policies, anticipate what those changes could be. Production of this
Policy Paper is coordinated with the legislative monitoring responsibilities.
These three examples are included to demonstrate the Policy Paper process
which is being recommended. It is anticipated that policy direction,
institutional coordination, and other issues will arise over the 3-year course
of the project, which will lend themselves to resolution using this method.
The proposed budget anticipates three policy papers in year one, and two
per year for years two and three, for a total of seven policy papers.
Development of an effective participation framework can greatly enhance
project success. This component is optional, but its inclusion should be
seriously considered, and could be based on the participation framework
already established to develop the Enhancement Plan. Even though the
project will have all of the necessary approvals, and has withstood legal
tests, a consensus among interested participants for its expedient
implementation is of great value. There is probably no substitute for a
community-based committee which functions collectively as an advocate
and spokesperson for the project. A suggested participation framework
would incorporate three key committees which are described below.
Batiquitos Lagoon Enhancement Advisory Committee. The Advisory
Committee would create a forum for discussion and resolution of project
issues. The Committee would be community-based, including all parties
necessary to a consensus to proceed with implementation activities
including the City, the Port District, and other local and regional agencies;
environmental community representatives, private sector leaders, local
special interest groups, regulatory agency representatives, and Project Team
members. The Project Facilitator could serve as chairperson for this
Committee as in the example of the successful Carlsbad HMP.
IF an Advisory Committee approach is chosen, it should generally follow a
monthly meeting schedule with flexibility for slow periods or times when an
accelerated schedule is desired. The budget incorporates 33 meetings for
an Advisory Committee presuming that formation of the body would occur
in month three.
@ BATIQUITOS LAGOON ENHANCEMENT PROJECT
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d 0 11 -. .+ -+. CITY OF CARLSBA COMMUNITY DEVELOPMENT
Agency interaction
Three important components of successful implementation of the projeci
environmental compliance, local support, and agency and elected off
understanding and encouragement. It is not likely that an undertaking i
the scope of the Enhancement Project will have no detractors. In the
Diego region, we have seen recent examples of how the involvemen
senior elected or appointed officials can sway agency and public opinio
major projects causing their delay or abandonment.
This task will, consequently, focus on design and execution of regui
scheduled briefings for key public officials, including top age
administrators, local elected officials, state legislators, and member:
Congress. Costs identified for this task include development of brie
materials and scheduled travel. If these parties are going to rec
information about the Enhancement Project, it should come from the C
Port District, and Project Team.
The anticipated schedule for conducting project briefings is:
8 Location: Washington, D.C.
Audience: Congressmen Packard and Cunningham
Staffs of Senators Boxer and Finestein
Key personnel from:
- Department of Interior
-
-
- other relevant participatinghnterested agencies
U.S. Fish and Wildlife Service
U.S. Army Corps of Engineers
Frequency: Annually, plus one extra trip for a total of four.
8 Location: Sacramento
Audience: Selected members of the Southern California delegal
Key personnel from:
-
- Statewide Office of the U.S. Fish and Wildlife Ser
- other relevant participatinghnterested agencies
Department of Fish and Game
Frequency: Twice annually for a total of six trips.
€ BATIQUITOS LAGOON ENHANCEMENT PROJECT
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CITY OF CARLSBAD COMMUNITY DEVELOPMENT
Location: Portland, Oregon
Audience:
Frequency: Annually, plus one extra trip for a total of four.
This estimate applies only to scheduled presentation briefings; additional
meetings with these agency personnel are under the Public Agency Meeting
task described earlier.
Regional Director of the U.S. Fish and Wildlife Service
and selected staff
2.2 Community Liaison
Two components of the Community Liaison task will include: (1) the
establishing, monitoring, and reporting for the community hot line; and (2)
determining the feasibility of an interpretive center. The role of the
Community Liaison is to create and maintain direct, effective communication
between the public and the project team. The high visibility of the project
and inconveniences to the community caused by construction will
necessitate constant attention to the public's questions and concerns. The
Community Liaison must understand the technical aspects that drive the
implementation process and be able to communicate them in terms that are
understandable to the general public. The Liaison must also have a rapport
and understanding with the City and permitting agencies to direct the public
to appropriate information sources. A comprehensive understanding of
habitat and biological issues, operation of local government and service
agencies, and federal and state regulatory agency requirements are of
primary importance.
The Community Liaison will be regularly available and prompt in responding
to the community. The Liaison will frequently be called upon to take a
conciliatory role and must be able to resolve minor conflicts. The public
must feel that the Liaison not only listens, but acts on their input and shows
genuine concern.
Excellent communication skills are f undamental to the role. The Liaison must
be an attentive listener and be able to respond verbally, in writing, and
graphically. In addition to communicating directly with the public, the
Liaison will inform the Project Facilitator and Public Information Liaison of
the public's informational needs. Using input from the public, the
@I BATIQUITOS LAGOON ENHANCEMENT PROJECT
23
14 CITY OF CARLSBA d COMMUNITY DEVELOPMENT 0 *.
Community Liaison will assist team members in designing informati
materials, such as brochures, newsletters, slide shows, or o
presentations.
The most direct communication method for the general public will be
community information telephone hotline. The Community Liaison
provide the following services.
= Establish and monitor 24-hour community informa
telephone hotline. Specific tasks include:
- Setting up a system where calls are answered b
receptionist and referred to the Liaison during busin
hours;
- Promptly monitor the answering machine and pi
messages at all other times, particularly in early ever
hours, to provide the greatest service to the public;
Answering questions and providing general informal
about the project at the time of calls or within 24 hoi
Referring emergency calls to an appropriate entity; i
Maintaining a logbook of all calls.
An onsite Interpretive Center has been considered as one method
providing community awareness and understanding of the project.
contingency estimate has been provided to implement an interpretat
center.
-
-
-
2.3 Public Information Program
Public relations efforts will continue to highlight the Batiquitos story. T
environmental benefits and the sensitive, scaled back approach the City h
adopted to minimize impacts to existing avian habitat will be reinforce
However, concentrated efforts must now focus on construction-relat
information and mitigating inconveniences to the community. There will
E B ATIQU I TO s LAG o ON E NHA N CEM ENT P A o JECT
24
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CITY OF CARLSSAD COMMUNITY DEVELOPMENT
a variety of publics, both general and regulatory, who will wan
comprehensive and frequent briefings regarding program progress. Targetec
identification and recurring communications will be a key element of OUI
public education program.
The magnitude and complexity of the program are such that unidentifiec
issues as well as potential opportunities will arise over the three-yea1
construction schedule. Technical editing, media training, coordination 01
citizen advisory panel activities, and other project specific tasks map
surface. Public participation specialists are well versed in the managemenl
of public works/environmental communications management and can
provide a range of potential program needs.
The development of a comprehensive, categorized mailing list is an
important element of an effective communications program. Interested
publics, including environmental activists, area property owners, local
business and civic leaders, involved public agency contacts, elected officials
and the media will be many of the audiences that make up the master
mailing list.
The master mailing list will be segmented into categories. It will be
important for our "active" list to receive frequent communications regarding
the project's progress and for the project team to encourage a two-way
exchange of information with these community members.
Given the visual nature and aesthetic value of this project, an overall project
brochure should be developed. Colorful and descriptive pictures would
complement the narrative describing the goals of the project. A brief history
of the Batiquitos Lagoon could be included highlighting individuals who have
been instrumental in its progress.
The brochure would be part of an overall information kit that would be made
available to interested audiences. Fact sheets that focus on project
specifics, graphics and project schedules would be included in this
information kit. Its design would ensure an extended life.
Project newsletters or bulletins are an effective way of getting timely
information out to the community. These bulletins would include
El BATIQUITOS LAGOON ENHANCEMENT PROJECT
25
CITY OF CARLSBA e COMMUNITY DEVELOPMEN -II) .i . '.
construction schedules, project timing, beach access information, pote
traffic and noise-related news, and other bits and pieces of current
interesting facts. The bulletins would be sent quarterly, and each ed
would list the hotline number and other outreach information (i.e., locat
of displays, presentation dates and locations, and tour options). Additi
bulletins would be out of scope.
Maps and display models are important elements of an informa
campaign. Strategic placement of these information tools in commu
areas (Le., Library, Chamber of Commerce, area shopping centers, City I
or Interpretive Center) will provide local residents and business owne
better picture of what is happening in their community and the benefit
the lagoon enhancement project.
Once a public information campaign takes shape, it may become appai
that additional information tools are needed. Slide shows are an effec
tool to use for presentations. They can be easily modified to follow
program progress tailored to fit speaker/audience requirements. Again, gi?
the visual nature of this project, a slide show may prove to be an excel1
addition to the communications program.
The public relations manager will work closely with the City to determine
effective and timely program schedule for distribution of information to
various medias. In addition to news release distribution timed around proj
milestones regarding dredging and project phase completion, opportunil
to "create" news will also be pursued. Specialized stories will be pitchec
area environmental reporters and to targeted trade publications. Efforts I
be made to create Lagoon update stories in local papers.
Newsletter template articles will be made available to interested parties
potential inclusion in their respective publications (i.e. , Sierra Club Nev
Citizens Coordinate for Century 111, Audubon News, Chamber of Commei
publications, etc.), and communication will take place between the put
relations manager and organization representative to capitalize on furtt
distribution of information.
Relations will be established with identified environmental and scien
reporters to offer story ideas, special briefings, and tours. Stock footage c
@ BATIQUITOS LAGOON ENHANCEMENT PROJECT
26
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CITY OF CARLSBAD COMMUNITY DEVELOPMENT
be made available for them to use when developing overall stories regarding
"environmental enhancement." It will be important to provide the media
with comprehensive information regarding the overall program. Costs,
participants, environmental facts, lagoon history, project schedules, and
unique area benefits will be topics of interest to the media. This information
must be synthesized and made readily available to help ensure accuracy in
the coverage of the project.
The complexity, history, and magnitude of this project are such that area
organizations, associations, and special interest groups will want to know
more about the project. And we want them to know. One of the first
program components to be developed will be a master outreach list. This list
will be prioritized to include those groups that have closely followed the
project as well as those groups that help to shape public opinion. A 20- to
30-minute presentation will be prepared and tailored to cover a range of
general interest issues. While many of these presentations will be made by
the Project Facilitator and Community Liaison, project representatives from
the City and local community make credible representatives of the Project.
Speakers will be trained and prepared in advance before any presentations
are made. It is recommended that a member of the public relations team
accompany the speaker to each presentation. A record of appearance form
will be completed to document any issues raised or follow-up required.
When possible, names and addresses of interested parties will be obtained,
and they will be added to our master mailing list. Information opportunities
will be solicited (i.e., tours, offered, articles to include in their newsletters,
etc.).
Our philosophy should be that once someone has been to a Batiquitos
Lagoon project presentation, we want them to become ambassadors for the
program. Consequently, they must be well-equipped with knowledge and be
kept in the "information loop."
Outreach with area youth is a valuable educational opportunity. The
attention given in schools today on environmental issues invites us to
develop a class curriculum/project focusing on the Batiquitos Lagoon
Enhancement Project. Classroom presentations can be offered, homework
assignments developed, and on-site field trips arranged.
€&I BATIQUITOS LAGOON ENHANCEMENT PROJECT
27
.& * 9 0 ** CITY OF CARLSBA COMMUNITY DEVELOPMENT
The development of a project-specific video is strongly recommended. It
prove to be an invaluable tool in our efforts to educate local governme
officials, business and civic leaders, environmental interest groups, and
media. In addition, the video would be a major element of the speak
bureau presentation.
Historical footage of the area could be obtained to help frame the st6
Select interviews of project proponents would be secured, highlighting '
cross-section of support for the program. Footage of the current physi
configurations of the Lagoon as well as graphic renderings of the propo:
"look" of the Lagoon would be included.
A video is an effective tool to reinforce the written and verbal message
must be designed to serve as a stand-alone "story," given its poten
distribution. Copies of the video could be made available to area librari
public agencies, interest groups, and organizations.
As the project progresses, we will want to ensure the information in t
video is current and highlights key aspects of the project. Initial scripti
and production must take this into consideration to ensure a long life fort
video.
This public information program has been designed to provide the City w
alternatives for which they can select the entire package or speci
components. Costs are provided for certain deliverables, which will all(
the City the opportunity to assess the cost vs. benefit of our prograI
Costs have been developed for the following packages:
Community Map and Updating
Project Brochure
m Bulletins
m Newsletters
Slide Show
Video
m Press Releases
m Media Interface
m Speaker's Bureau
School Program
I3 BATIQUITOS LAGOON ENHANCEMENT PROJECT
28
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CITY OF CARLSBAD COMMUNITY DEVELOPMENT
3 OTHER RELATED SERVICES
The Tetra Tech Environmental Monitoring team brings a full complement of
technical services that may be required. Although not specified in the
Request for Proposal, we recognize that additional items may be needed;
however, the scope and level of effort cannot be determined now. To
ensure the City that our team has a full understanding of the project and the
potential issues that may arise, the following supplemental tasks are
identified.
3.1 Supplemental Permit Coordination
Key personnel are aware that certain project components may require
permit amendments. Other changes in the project, once construction is
initiated, may require new permits or modifications to existing permits.
During our status meetings, we will identify any project changes or
components that are not consistent with the existing permits. We will
routinely advise the City if any proposed project changes have the potential
for requiring new permits. Because of the uncertainty related to the number
or extent of permit modifications, no costs have been allocated in the cost
proposal. In the event that additional permits are required, a supplemental
scope and cost estimate will be provided to the City.
3.2 Supplemental Environmental Document Preparation
As with the permit coordination, there is a possibility that changes to the
project may require supplemental environmental documentation. This could
take the form of an Addendum, Initial Studies, Environmental Assessments,
focused Supplemental EIRs, or EISs. The type of environmental document
depends on the project change, level of prior analysis, and potential
environmental effects. As our role in the status meeting, we will routinely
discuss any project modifications and ramifications related to the potential
for supplemental environmental documentation and the requirements. We
have worked with the existing EWEIS and understand the level of detail and
project description presented therein. This will facilitate our review and
ability to make the appropriate recommendations. Because of the
uncertainty related to the necessity, number, or extent of supplemental
environmental documents, no costs have been allocated in the cost m BATIQUITOS LAGOON ENHANCEMENT PROJECT
29
**
CITY OF CARLSBA @ COMMUNITY DEVELOPMENT 0 L' - *.
proposal. In the event that additional environmental documentatior
required, a supplemental scope and cost estimate will be provided
the City.
3.3 Boat
Tetra Tech will acquire a shallow draft boat suitable for transporting f
staff and visitors. Capacity will accommodate approximately 1
passengers. Personal floatation devices will also be provided.
3.4 Aerial Photographs
Upto eight aerial photographs will be flown. Negatives will be obtained
two (approximately) 30 x 40 inch prints provided and mounted on fc
core.
3.5 Odor
An odor monitoring program will be conducted. A contingency estimat
provided.
3.6 Beach Seine
In the event that it is determined that forage fish populations shoulc
monitored, fish will be collected using a beach seine. A contingf
estimate is provided.
3.7 Least Tern Decoys
Tetra Tech will purchase 100 decoys for use during the project.
3.8 Cultural Resources
Due to uncertainty related to cultural resources monitoring. A contingf
estimate is provided for monitoring dredge disposal.
t BATIQUITOS LAGOON ENHANCEMENT PROJECT
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CITY OF CARLSBAD COMMUNITY DEVELOPMENT
3.9 Bird Saturation Studies
In the event that bird saturation studies are requested. A contingency
estimate is provided.
B 6ATlQUITOS LAGOON ENHANCEMENT PROJECT
31
.. ,' - 0 0
EXHIBIT B
METHOD OF COMPENSATION/CONSULTANT FEE SCHEDULE
The Consultant shall be compensated for services under thi
agreement in accordance with the Environmental Monitoring an1
Community Relations Agreement, Paragraph 6 and as provided herein
The method of payment shall be time and materials with a not-to
exceed amount.
Time and materials payments shall be made monthly based on th
attached rate schedules. Progress reports and invoices shal
document progress and actual time applied to the project for tht
specific task. Expenses shall be itemized. All work performed b!
subcontractors shall be paid on a cost plus ten percent (10%:
basis. Rate schedules may be updated annually for the consultanl
and its subcontractors, if prior written approval is received fror
the City. Annual rate increases shall be no greater than those
charged to other municipal agencies and in no case shall tht
increases exceed 5% per year. The City shall review the invoice
and progress report and approve the invoice or state dispute(
amounts. If amounts are disputed, the City shall inform tht
Consultant within five (5) working days and state reasons for
dispute. Payment shall be made for amounts not disputed. Disputed amounts shall be paid upon resolution of the dispute.
._ 0 Batiquitos Lagoon Cost Estimate rn
Page 1
Labor Categqry
Dixutor
-Maangcr
Senior Specialist
staffspccralrst
Senior Staff
StaffASOCiWS
Technician
Word F9xxeshg/Graphics
Prhdpai Biologist (Subc 1-135) *
StdTBiologid (Subc i-55)
Biabgicai Techrrician (Subc l-M)
f Faditator (Subc 1-100)
I Yetr 1 YWZ Year3
s123.00 $ I3 1.00 f 138.W
$915.00 s100.00 s1os.oo
s90.00 s9s.00 599.00
s3s.00 $89.00 $94.00
$75.00 s79.00 s83.00
E60.00 $63.00 f66.00
sw.00 $53.00 $55.00
$42.00 s44.00 $46.00
$144.50 S155.93 S 163.72
360.50 $6333 566.70
S5J.00 $57.75 f60.64
SI 10.00 $1 15.50 S 121.28
f RATE
Sqpn (SUIX 1-30) s33.00 234.65 $36.38
e m
EXHIBIT C
DELIVERABLES
.' -0 - CITY OF CARLSOD COMMUNITY DEVELOPM.T - *.
The deliverables associated with this project are varied; however,
routine monitoring reports will be transmitted weekly and monthly, w
annual summary report. Project tasks required to be completed once
an intermittent basis, include such issues as archaeological, pafeonrolo
or air quality. Other programs require quarterly documentation, inch
water quality and the endangered species training program. The folk
represents a summary of those reporting frequencies for the environm
monitoring tasks .
Weekly Monthly Quarterly Annually Intermit
REPORTS
Least ternlendangered X X+ X+
Endangered Species X
Act
Salt Marsh Delineation X
Other Environmentally
Sensitive Areas X
Bacterial Monitoring X X X X
Turbidity X X X
Air Quality X
Noise Emission X X X X X
Archaeological X
Paleontological X
species
+ Required between March 1 and September 15
F
BATIQUITOS LAQOON ENHANCEMENT PROJECT
8- 1
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EXHIBIT D
SPECIAL INSURANCE ENDORSEMENTS
I (printhype name],
warrant that I have authority to bind the below-listed
insurance company and by my signature hereon do so bind
this company.
Signature:
Authorized Representative (on@ml signature required
on copy furnished to the Board of Harbor Commissioners}
.
TITLE:
0 RGAN IZATION :
ADD R ESS:
TELEPHONE:
Report claims pursuant to this insurance to:
(name, address, telephone)
There is a:
D Deductible of $
D Self Insured Retention of S
Which applies:
DPer Claim 0 Per Occurrence
Pol~cy Number Endorsemenr I nsurante C omoan y NumDer
Effeclive Dare of Endorsemen7
I (printitype name), warrant that
I have authority to bind the below-listed insurance company and by my
signature hereon do so bind this company.
Signature:
Authorized Representative (original signature required on copy furnished to the Board of Harbor Commissioners)
TITLE:
ORGANIZATION :
ADDRESS:
TELEPHONE:
Report claims pursuant to this insurance to:
(name, address, telephone)
Includes (check as applicable): n Broad Form Property Damage 0 Contracrual Lia
0 Personat Injury Owned Automc
0 Independent Contractors 0 Non-Owned Au
0 Premises-operarions 0 Hired Auromob
ExplosionCollapse Hazard 0 Fire Legal Liabil u Underground Hazard 0
0 Products/Completed Operations 0
Insurance Company: Policy Number: Endorsement Effecrive Date
Nu rn ber : of Endorsemen
I (print/rype name), warrant That
I have authority to bind the below-listed insurance company and by my
. signature hereon do so bind this company.
Signature:
Authorized Representative (original signature required on copy furnished 70 the Board of Harbor Commissioners)
TITLE:
ORGANIZATION:
ADDRESS:
TELEPHONE:
Repon Claims pursuant ro this insurance to:
(name. address, telephonei
Includes (check as applicable):
0 Owned Automobile
O Nonawned Automobile a a Hired Auromobilc
Insurance Company. Policy Number. Endorsement
N urn be i :
E
0
I (print/type name), warrant that
I have authorin/ to bind the below-listed insurance company and by my
signature hereon do so bind this company.
Signature:
Authorized Representative (original signature required on copy
furnished fo the Board of Harbor Commissioners)
TITLE:
ORGANIZATION:
ADDRESS :
TELEPHONE:
Limits Type of
Report claims pursuant to this insurance to:
(name, address, telephone)
Includes (check as applicable):
0 Protection & lndemity Oper schedule attached
0 Hull & Machinery nper schedub attached
0 Running-Down Clause $ ai Ship Repairers Liability
n lnchrnarre
0 Cargc
0 Pollution
0 Jones Act
0' Marine Terminal Operator's Liabiliry 0
0 D Charrer's Legal Liability
of Policy Period
Insurance Company Policy Number Effective Dare E ndorsemen t Number of Endorsemei